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THE KHYBER PAKHTUNKHWA ELECTRICITY
(TEMPORARY POWERS OF CONTROL) ACT, 1947.
(ACT XXI of 1947).
CONTENTS.
PREAMBLE.
SECTIONS.
1. Short
title, extent, commencement and duration.
2. Definitions.
3. Powers
to control production, supply and distribution.
4. Delegation
of powers.
5. Continuance
in force of existing orders.
6. Effect
of orders inconsistent with other enactment.
7. Penalties.
8. Attempts,
etc, to contravene orders.
9. Offences
by Corporation.
10. Cognizance
of offences.
11. Protection of action
taken under the Act.
12. Power
to make rules.
THE
[KHYBER
PAKHTUNKHWA] ELECTRICITY
(TEMPORARY POWERS OF CONTROL) ACT, 1947.
ACT XXI OF 1947.
(Recived the assent of the Governor-General on the 6th July, 1947).
WHEREAS it is expedient to provide
for the continuance during a limited period of powers to
control the production. supply and distribution of electricity;
It is hereby enacted as
follows: —
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1. (1)
This Act, may be called the [Khyber
Pakhtunkhwa] Electricity Temporary Powers of Control Act, 1947.
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Short title, extent,
commencement and duration.
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(2) It extends to the whole of the [Province
of the Khyber Pakhtunkhwa.
(3) It shall be deemed to have come
into force on the 26th day of March, 1947.
(4) It shall cease to have effect
after March the 25th, 1949, except as respects things done or omitted to be
done before the expiration thereof, and Section 6 of the [West
Pakistan General Clauses Act, 1956], shall apply upon the expiry of this Act as
if it had then been repealed by an Act of this Province.
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2. "Notified
Order"' means an order notified in the official Gazette.
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Definition.
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[…………]
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3. (1)
The Provincial Government so far as it appears to it to be necessary or
expedient for maintaining or increasing supply of electricity or for securing
its equitable distribution may, by notified order, provide for regulating or
prohibiting the production, supply and distribution thereof.
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Powers to control
production, supply and distribution.
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(2) Without prejudice to the
generality of the powers conferred by sub-section (1), an order made
thereunder may provide-
(a) for regulating the giving of connections of
electricity;
(b) for regulating the time during which and the
manner in which the electricity shall be consumed by any person or commercial
undertaking;
(c) for collecting any information or statistics
with a view to regulating or prohibiting the production or consumption of
electricity.
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4. The
Provincial Government may, by notified order, direct that the power to make
orders under Section 3 shall, in relation to such matters and subject to
such conditions, if any, as may be specified in the direction, be exercisable
also by an officer or authority subordinate to the Provincial Government:
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Delegation of Powers.
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Provided that an appeal against an
order of such officer or authority shall lie to the Provincial Government if
preferred within 30 days from the date on which the order was passed:
Provided also the Provincial Government
may admit the appeal after the period of limitation prescribed therefor, when
it is satisfied that the appellant had sufficient cause for not preferring the
appeal within such period.
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5. Every
order made under sub-rule (2) of Rule 81 of the Defence of India Rules, as
continued in force by Section 2 of the Emergency Provisions (Continuance)
Ordinance, 1946 (XX of 1946) in respect of any of the matters specified in
Section 3, which was in force immediately before the commencement of this Act
shall, so far it could validly have been made by the Provincial Government
under the said section, continue in force and be deemed to have been made
under that section until it is superseded or modified by a competent
authority under the provisions of this Act.
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Continuance in force
of existing orders.
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6. Any
order made or deemed to have been made under this Act shall have effect
notwithstanding anything inconsistent therewith contained in any enactment
other than this Act or any instrument having effect by virtue of any
enactment other than this Act.
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Effect of orders
inconsistent with other enactment.
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7. If
any person contravenes any order made or deemed to have been made under
Section 3, he shall be punishable with imprisonment for a term which may
extend to six months or with fine up to Rs. 1,000 or with both.
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Penalties.
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8. Any
person who attempts to contravene, or abets a contravention of, any
order made or deemed to have been made under Section 3, he shall be deemed to
have contravened that order.
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Attempt etc. to
contravene orders.
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9. If
the person contravening an order made or deemed to have been made under
Section 3 is a company or other body corporate, every director, manager,
secretary or other officer or agent thereof shall unless he proves that the
contravention took place without his knowledge, or that he exercised all due
diligence to prevent such contravention, be deemed to be guilty of such contravention.
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Offences by
corporation.
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10. No
court shall take cognizance of any offence punishable under this Act except
on a report in writing of the facts constituting such offence made by a
person who or is a public servant as defined in Section 21 of the Indian
Penal Code.
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Cognizance of
offences.
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11. (1)
No suit, prosecution or other legal proceeding shall lie against any person
for anything which is in good faith done or intended to be done in pursuance
of any order made or deemed to be made under Section 3.
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Protection of action
taken under the Act.
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(2) No suit or other legal
proceeding shall lie against the Crown for any damage caused or likely to be
caused by any thing which is in good faith done or intended to be done in
pursuance of any order made or deemed to be made under Section 3.
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12. The
Provincial Government may after previous publication, by notification in the
official Gazette, make rules to give effect to the purposes of this Act.
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Power to make rules.
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