..
ASSAM ACT IX OF 1973
(Receive'd the assent of the President on the 25th April 1973)
THE INDIAN BLECT1UCITY (ASSAM AMENDMENT)
ACT, 1973
[Published in the Assam Gazette, Extraordinary, dated the 26th
April, 1973]
An
Act
to a;mend the Indian Electricity Act. 1910 in its application to
the territory Cl>lllprised within t he State of Assam
Preamble Whereaw it is expedient to amend the Indian Ceniral Act
Electricity Act, 1910 hereinafter called the p r ir1cipal 9 of
191
0·
Act, in its application to the territory comprised
Short title
extent and
commence-
ment.
Amendm: nt
o f section 5.
sec.ion
within the State of Assam in the m anner herein-
after appea ring ;
It is hereby enacted in the Twenty-four ih Year
of the Republic of India, as follows :-
1. (I) This Act may be called the Indian Elec-
tricity (As>am Amendment) Act, 19 ' 3.
(2) It shall extend tv th e Stale of As 0 am.
(3) It shall be deemed to have comr into
force on the 27th day o f Septembe··. 1972.
2. In section 5 of the p r incipal Act, in sub-
f2)-
(i) for the words ' ·the purcha1e pJice of
the undertaking", the words "an amount"
1hall be substituted ;
(ii) the words , brackets, figure and punctua-
tion marks "or as the ca~ e may b",
sub-section (3) cf that section" shall
be dele ted .
ASSAM ACT IX OF 1973
(Received the aesent of the President on the 25th April 1973)
THE INDIAN ELECT&ICITY (ASSAM AMENDMENT)
ACT, 1973
[Published in the Assam Gazette, Extraordinaty, dated the 26th
April, 1973]
An
Act
to Imend the Indian Electricity Act. 1910 in its application to
the territory Comprised within the State of Assam
Preamble Whereas it is expedient to amend the Indian CeniflilAct
Electricity Act, 1910 hereinafter called the principal 9 °f 1910'
Act, in its application to the territory comprised
within the State of Assam in the manner herein—
after appearing;
It is hereby enacted in the Twenty-fourth Year
of the Republic of India,‘as follows :—
Short title 1. (1) This Act may be called the Indian Elec-
extent and tricity (As:am Amendment) Act, 193.
commence-
mom. (2) It shall extend to the State of Asv~am_
(3) It. shall be deemed to have com! into
force on the 27th day of Septembe“, 1972.
Amendmmt 2. In section 5 of the principal Act, in sub-
of section 5. (2)—
section
(i) for the words "the purchase piic-z of
the undertaking”, the words “an amOunt"
shall be substituted ;
(ii) the words, brackets, figure and punctua-
tion marks “or as the case may be,
sub-section (3) of that section” shall
be deleted.
Amendment 3. In section 6 of the principal Act, in sub·
of section 6. iection (7) ,-
Substitution
of section
7-A.
(i) for the words "the purchase pr ice", the
words "an amount" shalJ be sub-
stituted ;
(ii) for the words, brackets and figure "sub-
section ( 4) ", the words. brackets, figures
and punctuation ma1k "sub-sections (1)
(2) and (3)" ahall be substituted.
4. For section 7-A of the principal Act, the
following section shall be substituted , namely-
''Determi-
nation of 7-A. (1) Where an undertaking of a licenseeis
amount pay- sold under sub-section (I) of section 5 or purchased
able. under section 6, the amount payable for the under-
taking shall be the book value of the undertaking
at the time of purchase 0r where the undertaking
has been delivered before the purchase under sub-
section (3) of sectio:a 5, at the time of .Jelivery of
the undertaking. ·
(2) The book value of an under taking for
the purpose of sub-section (1) shall be deemed to
be the depreciated book value as shown in the
audited balance sheet of the licensee under the law
for the time being in force, of all lands, buildings,
works, materials and plant of the licensee, suitable
to and used by him for the purpose of the under-
taking, other than (i) a generating station declared
by the licensee not to form part of the undertaking
for the purpose of purchase and (ii) service lines
or other capital works or any . part thereof which
have been constructed at the experise of the con-
sumers, but without any addition in r espect of com-
pulsory purchase or of goodwill or any profits which
may be or might have been made from the under-
taking or of any similar consideration.
(3) Notwithstanding anything contained in any
licence or any instrument, order, agreement or law
for the time being in force in respect of any addi-
tional sum by whatevf'r name may it be called,
payable to a licensee for compulsory purchase, the
licensf' e shall be entitled only to a solatium Gf ten
percentum of the book value as determ ined under
sub·sections (1) and (2) for compulsoty purehase of
his undertaking under section 6.
(4) No provision of any Act for the time being
in force including the 01her provisions of this Act
292
Atncndment 3. In section 6 of the principal Act, in sub-
Of section 6. 'cction (7) ,—
(i) for the words “the purchase price”, the
words “an amount” shall be sub-
stituted ;
(ii) for the words, brackets and figure "sub-
section (4)”, the words. brackets, figures
and punctuation mark “sub-sections (l)
(2) and (3)” shall be substituted.
S ' .
gPsfiifgfig“ 4. For section 7-A of the princrpal Act, the
7—A. following section shall be substituted, namely—
IO -
2522?} 7-A. (1 Where an undertaking of alicenseeis
amount pay- sold under sub-section (1) of section 5 or purchased
able- under section 6, the amount payable for the under-
taking shall be the book value of the undertaking
at the time of purchase or where the undertaking
has been delivered before the purchase under sub-
section (3) of section 5,a1: the time of delivery of
the undertaking. ‘
(2) The book value of an undertaking for
the purpose of sub-section (1) shall be deemed to
be the depreciated book value as shOWn in the
audited balance sheet of the licensee under the law
for the time being in force, of all lands, buildings,
works, materials and plant of the licensee, suitable
to and used by him for the purpose of the under-
taking, other than (i) a generating station declared
by the licensee not to form part of the undertaking
for the purpose of purchase and (ii) service lines
or other capital works or any. part thereof which
have been cOnstructed at “it; expense of the con-
sumers, but without any addition in respect of com-
pulsory purchase or of goodwill or any profits which
may be or might have been made from the under-
taking or of any similar consideration.
(3) Notwithstanding anything contained in any
licence or any instrument, order, agreement or law
for the time being in force in respect of any addi-
tional sum by whatever name may it be called,
payable toa licensee for compulsory purchase, the
licensee shall be entitled only to a solatium of ten
percentum of the book value as determined under
sub-sections (1) and (2) for compulsoty purchase of
his undertaking under section 6.
(4) No provision of any Act for the time being
in force including the Other provisions of this Act
and of any rules made thereunder or of any instru-
ment including licence having effect by virtue of
any of such Acts or any rule made thereunder,
shall, in so far as it is inconsistent with any of
the provisions of thia aection, have any effect."
~T!,::14 .5~ (I) The Indian Electricity (Assam Amendment}[Allsaa Otdi•
Ordinance, 1972. Is hereby repealed. aa.e• Vil
(2) Notwithstanding such repeal and notwithstan-
ding any judgement, decree or order of any court or
tribunal, any action taken or purported to have been
taken or anything done or purported to have been
done, or any right, obligation or liability acquired
or incurred, by or on behalf of the Government
•f 1911.
of Assam or the Assam State Electricity Board, A~sii~di
in pursuance of the provisions of the Indian Ele- nanc~ "VII
ctricity (Assam Amendment) Ordinance, 1972, shall of 1972.
be deemed to have been taken, done, acquired or
incurred under the corresponding provisions of thi1
Act, by or on behalf of the Government of A1~am
or the Assam State Electricity Board, a.1th• a:asc-
may be.
- .. '
...
293
and of any rules made thereunder or of any instru-
ment including licence having efi'ect by virtue of
any of such Acts or any rule made thereunder,
Shiny in so far as it is inconsistent with any of
the. provisions of this section. have say effect."
W“ n‘ 5: (1) The Indian Electricity (Assam AmendmentXAasan Chili
'3' ‘33" .
.f 19’:|
(2) Notwithstanding such repeal and notwithstan-
ding any judgement, decree or order of any court or
tribunai, any agtion taken or purported to have been
taken or anylhmg dune or purporth to have been
done, or any right, obligation or liability acquired
or incurred, by or on behalf of the Government
of Assam or the Assam State Electricity BOard, As;
in pursuance of the provisions of the Indian Elc- nizI
ctricity (Assam Amendment) Ordinance, 1972, shall of 1972'
be deemed to have been taken, done, acquired or
incurred under the correspOnding provisions of this
Act, by or on behalf of the Government of Assam
or the Assam State Electricity Board, as the case
' may be.
4i-