section 5
Restriction on supply of electrical energy and prohibition on reconnection of supply
The Gujarat Electricity (Special Powers) Act, 1946(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 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 State Government, with— (i) the provisions of any contract, agreement or requisition (whether made before or after the 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: Provided that the 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 State Government in such form as the State Government may notify in the Official Gazette in this behalf. Where a requisition is made on the licensee 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 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 State Government may allow. (3) On an application being made under sub-section (2) the 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.
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