{ "id": 16587, "slug": "gujarat-gas-regulation-of-transmission-supply-and-distribution-act-2001", "title": "Gujarat Gas (Regulation of Transmission, Supply and Distribution) Act, 2001", "short_title": "Gujarat Gas (Regulation of Transmission, Supply and Distribution) Act, 2001", "act_number": "(Gujarat Act No. 11 of 2001)", "act_year": 2001, "act_type": "STATE", "location": "Gujarat", "law_status": "unknown", "enactment_date": null, "description": "Gujarat Gas (Regulation of Transmission, Supply and Distribution) Act, 2001", "preamble": "", "section_label": "Section", "sections": [ { "number": "1", "title": "1. Short title, extent and commencement.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 0 }, { "number": "2", "title": "2. Definitions.", "chapter": null, "content": "(a) \"Authority\" menus the Gujarat Gus Rouges & Authority established under section 4;\n(b) \"bulk consumer\" means a person who consumes gas exceeding twenty-five thousand cubic metres per day;\n(c) \"Chairperson\" means the Chairperson of the Authority;\n(d) \"Commissioner\" means the Commissioner of Gas appointed under section 3;\n(e) \"committee\" means the committee constituted under section 11;\n(f) \"common carrier\" means the basis of arrangements by which an access has to he provided to any person for the transmission and distribution of gas through pipelines;\n(g) \"distribution\" means distribution of gas at a low pressure by means of pipelines to a consumer other than a bulk consumer;\n(h) \"gas\" means a matter in gaseous state which predominantly consists of methane;\n(i) \"high pressure\" means such pressure as the State Government may, from time to time, by notification in the Official Gazette , specify in terms of kilograms per square centimetre;\n(j) \"licence\" means a licence granted under section 26;\n(k) \"licensee\" means a person holding a licence;\n(l) \"low pressure\" means such pressure as the State Government may, from time to time, by notification in the Official Gazette , specify in terms of kilograms per square centimetre;\n(m) \"member\" means a member of the Authority and includes the Chairperson;\n(n) \"pipeline corridors\" means pipelines laid or to be laid together with sufficient adjacent land;\n(o) \"prescribed\" means prescribed by rules;\n(p) \"regulations\" means regulations made under this Act;\n(q) \"rules\" means rules made under this Act;\n(r) \"specified company\" means such company or companies the main object of which is the transmission of gas as the State Government may, by notification in the Official Gazette , specify;\n(s) \"supplier\" means a person who supplies gas;\n(t) \"supply\" means supply of gas by means of pipelines but does not include distribution;\n(u) \"transmission\" means transmission of gas at a high pressure by means of pipelines; and\n(v) \"Tribunal\" means the Tribunal constituted under section 30.\nChapter II\nCommissioner of Gas", "footnote": "", "is_definition": true, "sort_order": 1 }, { "number": "3", "title": "3. Commissioner.", "chapter": null, "content": "Chapter III\nEstablishment and Constitution of Authority", "footnote": "", "is_definition": false, "sort_order": 2 }, { "number": "4", "title": "4. Establishment and incorporation of Authority.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 3 }, { "number": "5", "title": "5. Headquarters of Authority.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 4 }, { "number": "6", "title": "6. Constitution of Authority.", "chapter": null, "content": "(a) one shall be a person who has special knowledge and professional experience in the field of engineering related to transmission, supply or distribution of gas or designing, hying and operating of pipelines therefor,\n(b) one shall be a person who has special knowledge and professional experience in the field of administration, economics, commerce, finance, law or management,\n(c) one shall be a person who possesses qualifications either under clause (a) or (b).", "footnote": "", "is_definition": false, "sort_order": 5 }, { "number": "7", "title": "7. Term of office and conditions of service of members.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 6 }, { "number": "8", "title": "8. Filling up of vacancies.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 7 }, { "number": "9", "title": "9. Disqualifications.", "chapter": null, "content": "(a) is a member of Parliament or of any States Legislature or of any local authority;\n(b) is a member of a political party;\n(c) is, or at any time, has been adjudged an insolvent or has suspended payment of his debts or has compounded with his creditors;\n(d) is of unsound mind and stands so declared by a competent court;\n(e) is, or has been convicted of any offence which, in the opinion of the State Government involves moral turpitude;\n(f) has either directly or indirectly any financial or other interest which is likely to affect prejudicially his functioning as a member; or\n(g) has either directly or indirectly any financial or other interest in -\n(i) transmission supply or distribution of gas;\n(ii) production, 'sale or supply of gas whether used in any industry or not;\n(iii) manufacture of, or any dealings in, plant and machinery, equipments, apparatus, or fittings for the matters specified in sub-clause (i), or\n(iv) any body which provides professional services in relation to matters specified in sub-clauses (i), (ii) and (iii).", "footnote": "", "is_definition": false, "sort_order": 8 }, { "number": "10", "title": "10. Removal and resignation of member.", "chapter": null, "content": "(a) is or has become, subject to any of the disqualifications mentioned in section 9,\n(b) has been guilty of misconduct in discharge of his duties,\n(c) has become physically or mentally incapable of discharging his duties as a member,\n(d) has so abused his position as to render his continuance in office prejudicial to public interest, or\n(e) has without reasonable cause refused or failed to perform his duties for a period of not less than three months:\n(i) on the ground specified in clause (f) or (g) of section 9 or clause (b), (c) or (d) of sub-section (1), unless the committee on a reference made to it in this behalf by the State Government, has after an inquiry including an opportunity of being heard to the member, reported that the member is liable to be removed on such ground;\n(ii) on any other ground, unless an opportunity of being heard is given to the member.", "footnote": "", "is_definition": false, "sort_order": 9 }, { "number": "11", "title": "11. Committee for inquiry.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 10 }, { "number": "12", "title": "12. Prohibition of appearance before Authority etc. on ceasing to be a member.", "chapter": null, "content": "(a) be entitled to appear for a period of three years in any proceedings before the Authority as a representative of any person from the date of such cesser;\n(b) acquire either directly or indirectly any financial or other interest of the nature specified in clause (g) of section 9 for a period of two years from the date of such cesser,\n(c) accept employment in a company or its subsidiary, which carries on the business of transmission or distribution, for a period of three years from the date of such cesser.", "footnote": "", "is_definition": false, "sort_order": 11 }, { "number": "13", "title": "13. Meetings of Authority.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 12 }, { "number": "14", "title": "14. Officers and employees of Authority.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 13 }, { "number": "15", "title": "15. Consultants.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 14 }, { "number": "16", "title": "16. Acts and proceedings presumed to be valid.", "chapter": null, "content": "Chapter IV\nFunctions and Powers of Authority", "footnote": "", "is_definition": false, "sort_order": 15 }, { "number": "17", "title": "17. Functions of Authority.", "chapter": null, "content": "(a) to regulate transmission, supply and distribution of gas in the State and laying of pipelines therefor,\n(b) to promote gas industry in the State in accordance with the direction given by the State Government,\n(c) to give direction to a licensee for ensuring compliance of terms and conditions of a licence held by him,\n(d) to regulate the charges for transmission,\n(e) to promote efficiency, economy and safety in the use of gas in the State,\n(f) to give direction to a supplier or bulk consumer for ensuring compliance by him of the standards of safety, operation and environment for supply or bulk consumption of gas,\n(g) to set and enforce standards of safety, operation and environment for transmission, supply and distribution and bulk consumption of gas,\n(h) to lay down by regulations the principles of common carrier for transmission and distribution and to enforce the same,\n(i) to adjudicate Upon the disputes and difference amongst licensees and a suppliers,or between the specified company and a licensee or a supplier or between a supplier and a person who buys gas from supplier and to refer matters for arbitration if considered necessary, in accordance with the provisions of this Act,\n(j) to hold, wherever necessary, an inquiry in accordance with such procedure as may be prescribed,\n(k) to advise the State Government on matters relating to transmission, supply and distribution of gas in the State, and\n(l) to perform such other functions as may be prescribed or as are supplemental, incidental or consequential to any of the functions entrusted to it by or under this Act", "footnote": "", "is_definition": false, "sort_order": 16 }, { "number": "18", "title": "18. Powers of Authority.", "chapter": null, "content": "(a) summoning and enforcing the attendance of any witness and examining him on oath, ,\n(b) requiring the discovery and production of any document or other material object producible as evidence,\n(c) receiving of evidence on affidavits,\n(d) requisitioning of any public record or a copy thereof from any court or office,\n(e) issuing commissions for examination of witnesses or documents,\n(f) reviewing of its decisions, directions and orders, and\n(g) any other matter which may be prescribed.\n(a) to produce before, or to allow to be examined by, an officer specified in the said order such books, accounts or other documents in the custody or control of that company or person, relating to any matter concerning the transmission, supply or distribution or laying of pipelines therefor as may be specified in the other, and\n(b) to furnish to the officer specified in the order such information in its or his possession, power or control as may be specified in the order.\n(a) to produce before or to allow to be examined by an officer of the Authority authorised by it in this behalf, such books, accounts or other documents relating to the functioning of the company engaged in transmission of gas or of any undertaking engaged in supply, distribution or use of gas, in the custody or under the control of such company or person,\n(b) to furnish to the authorised officer such information in the possession, power or control of such company or person for the purposes of performance of the functions by the Authority.\n(i) upon a specified company for transmission, and\n(ii) upon a licensee or any other person for supply and distribution, any of the powers which the telegraph authority possesses under the Indian Telegraph Act, 1885, (13 of 1885.) with respect to placing of telegraph lines and posts subject to such conditions as the Authority may specify in such order.\nChapter V\nFinance, Accounts, Audit and Reports", "footnote": "", "is_definition": false, "sort_order": 17 }, { "number": "19", "title": "19. Fund of Authority.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 18 }, { "number": "20", "title": "20. Budget of Authority.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 19 }, { "number": "21", "title": "21. Accounts and audit of Authority.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 20 }, { "number": "22", "title": "22. Annual report of Authority.", "chapter": null, "content": "Chapter VI\nTransmission of Gas", "footnote": "", "is_definition": false, "sort_order": 21 }, { "number": "23", "title": "23. Specified company to transmit gas in State.", "chapter": null, "content": "(b) Subject to the rules, if any, a specified company shall carry on the business of transmission in the State.\n(a) establish or cause to be established a transmission system (which shall include laying of pipelines) for conveyance of gas on the principle of common carrier and operate or cause to be operated the same,\n(b) determine transmission charges,\n(c) plan and develop pipeline corridors for transmission system in the State, and\n(d) maintain such standards of efficiency, economy and safety in relation to its business of transmission as laid down by the Authority.", "footnote": "", "is_definition": false, "sort_order": 22 }, { "number": "24", "title": "24. Specified company only to carry on business of transmission of gas.", "chapter": null, "content": "Chapter VII\nLicensing of Distribution of Gas", "footnote": "", "is_definition": false, "sort_order": 23 }, { "number": "25", "title": "25. Prohibition on distribution without licence.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 24 }, { "number": "26", "title": "26. Grant of licence.", "chapter": null, "content": "(b) A person carrying on the business of distribution on the date of coming into force the remaining provisions of this Act (hereinafter referred to 'as the said date') shall, within three months from the said date, make an application to the Commissioner for grant of a licence for carrying on the business of distribution, and\n(i) a person who makes such an application shall be deemed to have been authorised to can on such business from the said date till the date on which he is either granted or refused a licence,\n(ii) a person who does not make such application within the said period of three months shall be deemed to be carrying on business of distribution without a licence.", "footnote": "", "is_definition": false, "sort_order": 25 }, { "number": "27", "title": "27. Amendment of licence.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 26 }, { "number": "28", "title": "28. Revocation and suspension of licence.", "chapter": null, "content": "(a) a licence granted under section 26 has been obtained by misrepresentation as to an essential fact, or\n(b) the licensee has, without reasonable cause, failed to comply with the conditions subject to which the licence has been granted or has contravened any of the provisions of this Act or the rules or the regulations made thereunder, then without prejudice to any other penalty to which the licensee may be liable under this Act. the Commissioner may, after giving the licensee an opportunity of showing cause-\n(i) revoke the licence on the ground stated in clause (a), or\n(ii) revoke the licence or forfeit the sum, if any, or any portion thereof deposited as security for due performance of the conditions subject to which the licence has been granted, on the ground stated in clause (b) or\n(iii) suspend the licence for such period as he thinks fit, on the ground stated in clause (b).\nChapter VIII\nArbitration and Appeals", "footnote": "", "is_definition": false, "sort_order": 27 }, { "number": "29", "title": "29. Arbitration by Authority.", "chapter": null, "content": "(b) The Authority may adjudicate the matter or nominate a person to adjudicate and settle such dispute.\n(c) The procedure to be followed in connection with such adjudication shall be such as may be prescribed by the regulations.\n(a) confirming and enforcing the adjudication,\n(b) setting aside or modifying the adjudication, or\n(c) remitting the adjudication to the nominee for reconsideration.", "footnote": "", "is_definition": false, "sort_order": 28 }, { "number": "30", "title": "30. Constitution of Tribunal.", "chapter": null, "content": "(a) one shall be a person who is or has been a Judge of the High Court, and\n(b) one shall be a person who is or has held the post not below the rank of the Secretary to the State Government.\n(a) is adjudged an insolvent, or\n(b) engages during his term of office in any paid employment outside the duties of his office, or\n(c) is or becomes in any way concerned or interested in any contract or agreement made by or on behalf of the State Government or participates in any way in the profit thereof or in any benefit or emoluments arising therefrom otherwise than as a member, or\n(d) is in the opinion of the State Government, unfit to continue in office by reason of infirmity of mind or body, or\n(e) is convicted of an offence involving moral turpitude.", "footnote": "", "is_definition": false, "sort_order": 29 }, { "number": "31", "title": "31. Powers of Tribunal.", "chapter": null, "content": "(a) summoning and enforcing the attendance of any person and examining him on oath;\n(b) requiring the discovery and production of documents;\n(c) issuing commissions for the examination of witnesses;\n(d) such other matters as may be prescribed.", "footnote": "", "is_definition": false, "sort_order": 30 }, { "number": "32", "title": "32. Appeals.", "chapter": null, "content": "(a) an order refusing to grant a licence under section 26,\n(b) older revoking or suspending a licence or forfeiting the sum of deposit under section48,\n(c) an award made by the Authority under sub-section (1) or an order passed by the Authority under sub-section (2) of section 29.", "footnote": "", "is_definition": false, "sort_order": 31 }, { "number": "33", "title": "33. Bar of jurisdiction of civil court.", "chapter": null, "content": "Chapter IX\nOffences and Penalties", "footnote": "", "is_definition": false, "sort_order": 32 }, { "number": "34", "title": "34. Penalty for contravention of provisions of sections 23, 25 and 55.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 33 }, { "number": "35", "title": "35. General Penalty.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 34 }, { "number": "36", "title": "36. Offences by companies.", "chapter": null, "content": "(a) \"company' means a body corporate and includes a firm or other association of individuals ; and\n(b) \"director\" in relation to a firm, means a partner in the firm.", "footnote": "", "is_definition": false, "sort_order": 35 }, { "number": "37", "title": "37. Cognisance of offences.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 36 }, { "number": "38", "title": "38. Jurisdiction of Court.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 37 }, { "number": "39", "title": "39. Compounding of offences.", "chapter": null, "content": "Chapter X\nMiscellaneous", "footnote": "", "is_definition": false, "sort_order": 38 }, { "number": "40", "title": "40. Standards of performance.", "chapter": null, "content": "(a) lay down-\n(i) such standards of overall performance in connection with transmission and distribution as in its opinion is necessary for a specified company or, as the case may be, a licensee to achieve,\n(ii) such standards in connection with efficient use of gas by consumers as in its opinion are necessary,\n(b) prescribe operation codes including network code to be complied with by a specified company, licensees and suppliers,\n(c) prescribe safety regulations for operation of transmission system and distribution system and use of gas.", "footnote": "", "is_definition": false, "sort_order": 39 }, { "number": "41", "title": "41. Information on standards of performance.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 40 }, { "number": "42", "title": "42. Information with respect to level of performance.", "chapter": null, "content": "(a) the fires or penalties levied on licensees under this Act, and\n(b) the levels of performance achieved by a specified company in connection with the transmission and by the licensees in connection with distribution and efficient use of gas by consumers.\n(a) of sub-section (1) of section 40, namely:-\n(a) the number of cases in which penalties are levied and the aggregate value thereof, and\n(b) such information regarding the level of performance achieved by a licensee as required by the direction.", "footnote": "", "is_definition": false, "sort_order": 41 }, { "number": "43", "title": "43. Information relating to financial matters.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 42 }, { "number": "44", "title": "44. Restriction on disclosure of information.", "chapter": null, "content": "(a) is obtained by the Authority by or under this Act, and\n(b) is confidential in nature.\n(a) in any suit, prosecution or other legal proceeding,\n(b) for the purpose of the State,\n(c) before any authority established by law,\n(d) in public interest, or\n(e) in the annual report referred to in section 22.", "footnote": "", "is_definition": false, "sort_order": 43 }, { "number": "45", "title": "45. Recovery of fees, fines and charges.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 44 }, { "number": "46", "title": "46. Application of fines and charges.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 45 }, { "number": "47", "title": "47. Proceedings before Authority and Tribunal.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 46 }, { "number": "48", "title": "48. Members,officers and employees of Authority to be public servant.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 47 }, { "number": "49", "title": "49. Protection of action taken in good faith.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 48 }, { "number": "50", "title": "50. Power of State Government to give directions to Authority.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 49 }, { "number": "51", "title": "51. Power of State Government to make rules.", "chapter": null, "content": "(a) the salary, allowances and other conditions of service of the members under sub-section (2) of section 7;\n(b) the period of notice to be given under sub-section (3) of section 10;\n(c) the procedure to be followed by the Committee for disposal of its business under sub-section (3) of section 11;\n(d) the procedure in accordance- with which an inquiry shall be held under clause (j) of section 17;\n(e) the other functions to be performed by the Authority under clause (I) of section 17;\n(f) the other matter in respect of which the Authority shall have power of a civil court under clause (g) of sub-section (1) of section 18;\n(g) the form in which and the time at which the Authority shall prepare its budget under section 20;\n(h) the form in which an annual statement of accounts shall be prepared by the Authority under sub-section (1) of section 21;\n(i) the form in which and the time at which the Authority shall prepare its annual report under sub-section (1) of section 22;\n(j) the rules subject to which a specified company shall carry on the business of transmission in the State under clause (b) of sub-section (1) of section 23;\n(k) the form in which an application shall be made and the particulars which it shall certain and the fees with which it shall be accompained under sub-section (2) of section 26;\n(l) the form in which and the terms and conditions subject to which a licence shall be granted and fees to be paid therefor under sub-section (3) of section 26;\n(m) the value of court fee stamp which an appeal shall bear under sub-section (5) of section 32; and\n(n) any other matter which has to be, or may be, prescribed under this Act.", "footnote": "", "is_definition": false, "sort_order": 50 }, { "number": "52", "title": "52. Power to make regulations.", "chapter": null, "content": "(a) the time and place of the meetings of the Authority, the procedure to be followed in regard to the transaction of its business at such meetings and the quorum necessary for transaction of business at meetings under sub-section (1) of section 13,\n(b) the manner of recruitment of the salary and allowances payable to, and other conditions of service of officers and employees of the Authority under sub-section (2) of section 14,\n(c) the terms and conditions of appointment of consultants under section 15,\n(d) the principles of common carrier for transmission and distribution wider section 17,\n(e) the circumstances in which licensees shall inform the consumers of gas about their rights and compensation to be paid under section 41, and\n(f) the form in which the information or return shall be furnished, the particulars which they shall contain and intervals at which they shall be furnished under sub-section (2) of section 43.", "footnote": "", "is_definition": false, "sort_order": 51 }, { "number": "53", "title": "53. Power to remove difficulties.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 52 }, { "number": "54", "title": "54. Transitional provision.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 53 }, { "number": "55", "title": "55. Savings.", "chapter": null, "content": "(a) he shall not lay any pipeline in addition to those existing immediately before the commencement date; and\n(b) where the quantum of gas which he transmits on or after the commencement date by means of pipelines existing before the commencement date exceeds the quantum of gas transmitted by him on the day immediately before the commencement date-\n(i) the charges for transmitting the excess gas shall be regulated by the Authority, and\n(ii) the transmission of the excess gas shall be based on the principles of common Carrier.", "footnote": "", "is_definition": false, "sort_order": 54 }, { "number": "56", "title": "56. Repeal and savings.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 55 } ], "metadata": { "Act ID": "guj264", "Act Number": "(Gujarat Act No. 11 of 2001)", "Enactment Date": "", "Act Year": "2001", "Short Title": "Gujarat Gas (Regulation of Transmission, Supply and Distribution) Act, 2001", "Type": "STATE", "Location": "Gujarat" }, "updated_at": "2026-09-29 21:55:19" }