(1) Notwithstanding anything contained in the Indian Electricity Act, 1910, or in any licence granted thereunder or in any contract or agreement or in any requisition, the 17[ State ] Government may, if in its opinion, it is necessary or expedient for maintaining the supply or securing the equitable distribution of electrical energy, by order direct a licensee —
(a) not to comply, except with the permission of the 17[ State ] Govern- ment, with —
(i) the provisions of any contract, agreement or requisition (whether made before or after the 18[ commencement of this Act in any area)] for the supply (other than the resumption of a supply) or an increase in the supply, of electrical energy, to any person,
(ii) any requisition or the resumption of a supply to a consumer after a period of six months from the date of its discontinuance,
(iii) any requisition for the resumption of a supply made within six months of its discontinuance, where the requisitioning consumer was not himself the consumer of the supply at the time of its discontinuance :
19[Provided that the 20[State] Government may by order direct that it shall not be necessary to obtain such permission if the licensee supplies electrical energy to such consumers or class of consumers, to such extent and subject to such conditions as may be specified in the order;]
(b) not to comply with any requisition for municipal purposes involving (otherwise than by way of replacement) any new works or additions to or alterations of works already installed.
(2) To obtain any permission required under sub-section (1), the licensee shall make an application to the 20[State] Government in such form as the 20[State] Government may notify in the Official Gazette in this behalf.
21[Where a requisition is made on the license under sub-clause (1) of clause V or of clause VI of the Schedule to the Indian Electricity Act, 1910, the licensee shall make the application to the 20[ State ] Government in respect of such requisition within one month from the date of the receipt of the requisition by him or within such longer period as the 20[State] Government may allow.]
(3) On an application being made under sub-section (2) the 20[State] Government may either refuse the permission sought or grant it either absolutely or subject to such conditions as it may think fit to impose, and may also call for such further particulars relating to the application as it may require.
6. Notwithstanding anything contained in any contract or agreement, no person receiving a supply of electrical energy from a licensee notified in this behalf in the Official Gazette by the 20[State] Government, shall use or cause to be used such electrical energy in the area of supply of such licensee for exhibiting light intended for advertisement on the exterior of any premises, or on any plot of land or in any street or open place.
22[ 6-A. (1) Notwithstanding anything contained in any law for the time being in force, or any permission granted under sub-section (3) of section 5 or any instrument having effect by virtue of any law, the 20[ State ] Government may with a view to controlling distribution, supply, consumption or use of Restriction on supply of electrical energy and prohibition on reconnection of supply.
II of 1910.
IX of 1910.
Restriction on the use of electrical energy for the purpose of advertisement.
Power to regulate supply of electrical energy and periods of work.
25 * * [1946 : Bom. XX Gujarat Electricity (Special Powers) Act, 1946 electrical energy make an order —
(a) for prohibiting or regulating subject to such conditions as it may specify in the order, the distribution or supply of electrical energy by a licensee or use of such energy by a consumer for any purposes specified in such order 23[or for prohibiting a consumer from supplying or allowing the use of such energy or any part thereof to any other person or undertaking] ;
(b) for determining the order of priority in which, or the period or periods during which, work shall be done by an undertaking to which 24[or the consumer to whom] the supply of electrical energy is made by a licensee.
(2) The 26[ State ] Government may make provisions in any order made under sub-section (1) for any incidental or supplementary matters which it may think necessary or expedient for the purposes of the order.
Explanation.-In this section "undertaking" means any public utility undertaking or any undertaking by way of any trade or business and includes a factory.
27[ 6-B. Notwithstanding anything contained in the Indian Electricity Act, 1910, or the terms of any licence or sanction granted thereunder or an agreement for the supply of electrical energy —
(a) if a licensee contravenes an order made under section 6-A, it shall be lawful for the 26[State ] Government to revoke the licence or sanction granted to such licensee for the supply of electrical energy ; or 28[(b) if any undertaking or consumer contravenes an order made under section 6-A, then –
(i) the State Government may by order direct the licensee to discontinue or reduce indefinitely or for such period as is stated in the order the supply of electrical energy made to such undertaking or consumer, and the licensee shall thereupon discontinue or reduce the supply of electrical energy to such undertaking or consumer ; or
(ii) where the State Government, in order to meet an emergency or such other circumstances, authorises (and the State Government is hereby empowered so to authorise ), subject to such conditions as it may specify, a licensee to discontinue the supply of electrical energy made to an undertaking or consumer who contravenes an order under section 6-A, the licensee himself may so discontinue the supply ; but the licensee shall, on discontinuing the supply as aforesaid, report to the State Government within 24 hours from the time of discontinuance, the circumstances in which he has so done, and on being directed by the State Government to do so, recommence the supply with all possible speed. ] 27[6-C. (1) If any consumer fails to pay any fees leviable for inspection, examination or test made or any other service rendered by an Electric Inspector or any other officer" appointed to assist the Electric Inspector under the provisions of the Indian Electricity Act, 1910, or any rules made thereunder, within ten days from the date of the presentation of the bill for such inspection, examination, test of rendering of service, the 26[State] Government or any other officer authorized by the 26[ State ] Government in that behalf may, notwithstanding anything contained in the Indian Electricity Act, 1910, or the terms of any licence or sanction granted thereunder or any agreement for the supply of electrical energy, by order in writing direct the licensee, without prejudice to any other right to recover such fees, to discontinue the supply of electrical energy to such consumer and the licensee shall thereupon discontinue the supply of electrical energy to such consumer.
(2) On payment of such fees by the consumer, the 29[ State] Government or II of 1910. Revocation of licence or discontinuance of supply for breach of order under section 6-A.
IX of 1910.
Discontinuance of supply of energy to consumer for failure to pay fees for services of Electric Inspector or his assistants IX of 1910.
1946 : Bom. XX ] Gujarat Electricity (Special Powers) Act, 1946 7 of 9 the authorized officer may by order in writing direct the licensee to reconnect and recommence the supply of electrical energy, and the licensee shall thereupon reconnect and recommence the" supply to the consumer as soon as practicable:
Provided that the licensee shall not be bound to reconnect the supply until the consumer pays to the licensee the charges for reconnecting the supply. ]
7. Every order made by the Central or 29[ State ] Government under sub- rule (2) of rule 81 of the Defence of India Rules in respect of any of the matters specified in sections 3, 4, 5 and 6 of this Act and in force immediately before the commencement of this Act shall, so far as it could Validly be made by the 29[ State ] Government under the said sections, continue in force and be deemed to have been made under the said sections, and every person authorised, permitted, directed or required to do anything under or in pursuance of any such order shall, so far as he could validly be so authorised, permitted, directed or required, as the case may be, by the 29[ State ] Government under any of the said sections of this Act, be deemed to have been so authorised, permitted, directed or required, as the case may be, under the provisions of this Act.
8. Any person who-
(a) contravenes-
(i) any order made or deemed to have been made under section 3, 4, 5, 30[6, 6-A, 6-B, or 6-C ]; or
(ii) any of the provisions of this Act; or
(b) is deemed to have been required or directed under section 3, 4, 5 or 6 to do or refrain from doing anything fails to comply with such requirement or direction, shall, on conviction, be 31[ punished ] with imprisonment for a term which may extend to six months or with fine or with both.
32[ 8-A. (1) Any officer authorized by the 29[ State] Government in this behalf, by general or special order, may enter and inspect any premises for the purpose of verifying whether an order made under this Act is complied with or not.
(2) Whoever voluntarily obstructs any person authorized under sub-section
(1) in the exercise of the powers conferred by that sub-section shall, on conviction, be punished with imprisonment for a term which may extend to three months or with fine which may extend to five hundred rupees or with both.]
33[9. If the person referred to in section 8 is a local authority, its Chief Executive Officer in charge of the undertaking of supplying electrical energy and if such person is a company or other body corporate, the managing director, manager, secretary or other principal officer managing its business shall, unless he proves that the contravention took place without his know ledge or that he exercised all due diligence to prevent such contravention, be deemed to be guilty of such contravention. ]
10. No Court shall take cognizance of any offience punishable under this Act except on a report in writing of the facts constituting such offence made by such public servant as may be authorised by the 34[ State] Government in this behalf.