Bare ActsThe Gujarat Electricity (Special Powers) Act, 1946.

Section 5

Amendment status not verified — confirm the current text below against the official source.

(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.

Section 5 – The Gujarat Electricity (Special Powers) Act, 1946. | DailyLaw.ai