Indian Electricity (Bombay Amendment) Act, 19461
| [Bombay Act No. 18 of 1946] | [30th September, 1946] |
An Act to amend the Indian Electricity Act, 1910, in its application to the Province of Bombay.
Whereas it is expedient to amend the Indian Electricity Act, 1910 (IX of 1910), in its application to the Province of Bombay for the purposes hereinafter appearing; It is hereby enacted as follows:-
1 For Statement of Objects and Reasons, see Bombay Government Gazette, 1946, Pt. V, page 69; for Proceedings in Assembly, see Bombay Legislative Assembly Debates, 1946, Vol. II and for Proceeding in Council, see Bombay Legislature Cornell Debates, 1946, Vol. x.
1. Short title.- The Act may be called the Indian Electricity (Bombay Amendment) Act, 1946.
2. Amendment of sections 5 and 7 of Act IX of 1910.- To clause (d) of Section 5 and sub-section (2) of Section 7 of the Indian Electricity Act, 1910 (IX of 1910), hereinafter called the said Act, in its application to the Province of Bombay, the following proviso shall be added, namely:-
"Provided that where the undertaking vests in the Provincial Government under the provisions of Section 7-A for the purposes of valuation, the time of such vesting shall be deemed to be the time of purchase."
3. Insertion of new Section 7-A in Act IX of 1910.- After Section 7 of the said Act, the following new section shall be inserted namely:-
"7-A. (1) Notwithstanding anything contained in any law for the time being in force, the Provincial Government may,-
(a) when it elects under clause (d) of Section 5 to purchase an undertaking, or
(b) If it elects under sub-section (2) of Section 7 to purchase an undertaking, on the expiry of the period of notice required to be given under sub-section (4) thereof
pending the purchase of the undertaking, at any time by order require the licensee to deliver possession of such undertaking to such officer as the Provincial Government may appoint in that behalf on or before such day as may be specified in the order, and the licensee shall comply with such order. On failure of the licensee to comply with such order, the Provincial Government may forthwith enter into possession of such undertaking.
(2) On the date of compliance with the order, or the day specified therein whichever is earlier the provisions of clause (e) of Section 5 or sub-section (3) of Section 7, as the case may be, shall, without prejudice to the right of the licensee to payment of the value of the undertaking, apply to such undertaking as if the purchase had been effected."
4. Amendment of Section 42 of Act IX of 1910.- In Section 42 of the said Act, clauses (a), (b) and (c) shall be re-lettered as "(b)", "(c)" and "(d)" respectively and before clause (b) as so re-lettered the following new clause shall be inserted, namely:-
"(a) fails to comply with a requisition under Section 7-A; or"
5. Possession taken before the coming into force of this Act deemed to be possession taken under new Section 7-A.- Where the Provincial Government has before the coming into force of this Act taken possession of any undertaking pending the purchase thereof by it under the said Act, such possession shall be deemed to have been taken-in pursuance of an order issued under Section 7-A of the said Act.