Gujarat Tax on Sale of Electricity (Amendment) Act, 1999*
| [Gujarat Act No. 12 of 1999] | [2nd October, 1999] |
An Act further to amend the Gujarat Tax on Sale of Electricity Act, 1985.
It is hereby enacted in the Fiftieth Year of the Republic of India, as follows:-
* Received the Assent to by the Governor on the 2nd October, 1999 is hereby published for general information.
1. Short title and commencement.- (1) This Act may be called the Gujarat Tax on Sale of Electricity (Amendment) Act, 1999.
(2) It shall be deemed to have come into force on the 12th May, 1999.
2. Amendment of section 2 of Guj. 5 of 1985.- In the Gujarat Tax on Sale of Electricity Act, 1985 (Guj. 5 of 1985) (hereinafter referred to as "the principal Act"), in section 2,-
(1) in clause (c) for the words, figures and brackets, "supplying energy and the State Electricity Board constituted under section 5 of the Electricity (Supply) Act, 1948 (LIV of 1948), the words, figures, letter and brackets "supplying energy, the Generating Company as defined in clause (4A) of section 2 of the Electricity (Supply) Act, 1948 (LIV of 1948) and the State Electricity Board constituted under section 5 of that Act of 1948" shall be substituted;
(2) to clause (h), the following proviso shall be added, namely:-
"Provided that where a licensee, who has installed the generating set for his own use, supplies surplus electrical energy to any other undertaking (hereinafter referred to as "the receiving undertaking"), the amount payable by any other consumer for supply of such quantum of power to the licensee who is engaged in the business of supplying energy within the area where the receiving undertaking is located, shall be considered to be the amount of sale price received and receivable by the licensee who has installed the generating set irrespective of actual amount paid and payable to him.".
3. Amendment of section 10 of Guj. 5 of 1985.- In the principal Act in section 10, for the brackets, figures and words "(not exceeding 12% per annum)", the words "not exceeding twenty-four percent, per annum," shall be substituted.
4. Repeal and savings.- (1) The Gujarat Tax-on Sale of Electricity (Amendment) Ordinance, 1999 (Guj. Ord. 2 of 1999) is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the principal Act as amended by the said Ordinance shall be deemed to have been done or taken under the principal Act as amended by this Act.