.,.. . - . ,-~-;•". ' -·i ...,. .• If?, --W. engal Act,XVII of·1948, g" · ; + •
THE..WEST tfENGAL ELECTRICITY (EMERGENCY .• POWERS) AGT,1948. #
Passef;he WesBenool Legislitmre,] - j. . a+ M
[.Assent of the Governor General ,rn~ -first published in -the G'atfotta ~ · _,,ff Gazette, of the 6th May, 1948.] •
An A.ct to provide for the control of supply, distribution, use and,;_consum,vtion of elect1ical energy in the Provincp.,,of West Bengal.
WHEREil.s it is expedient to provide for the control of supply, distribution, use and consumption of electrical energy in the Province of West Bengal;
It is hereby enacted as follows : - -$
1. (1) This Act may be called the West Bengal Electri- city (Emergency Powe1·s) Act, 1948.
(2) It extends to the whole of the Province of W'!st Bengal.
(3) It shall come into force on such date as the Provincial Government may, by notification in the Official Gazette, appoint. co
(4) It shall remain in force for a period of three years
:from the date of its commencement. Short title,
extent,
cbminence-
ment and
duration.
2. In this Act, unless there is anything repugnant m the Defini- subject or context,- tions.
{a) "area of supply", "consumer", "licensee", .. "street" and "works" have the ,meanings
assigned to them in section 2 of the Ind_ian Elec- IX or1910. . tricity Act, 1910; and
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() "requisition'' means a .requisition made under the
1 Schedule to the Indian Electricity Act, 1910, £or . H,
.). the supply of electrical energy. -:- -
'%i, «
3, Notwithstanding anything contained in any contract Restriction or agreement, the Provnc1al Government may, by an order n con- 1n writmg, require any consumer to, and thereupon such sumpt1on
consumer shall, reduce his consumption of electrical energy 0}supply.
to such extent and in such manner and by such means as
may be specified in the order. .The Provincial Government
shall serve a copy of the order on the licensee supplying the ,
I ._ energy.
.,. )
4. (1) Notwithstanc1ing anything contained in tb,e Intlian Discenti- Electricity Act, 1910, or any lic_ense granted thereunder or any nuanc~ or agreement £or the supply of electrical energy, the Provincial r~ducti~n Government may, if in its opinion it is . -necessaryr ere- ? "3. dient for maintaining the supply or securing the equitable circum- distribution of electrical energy, by an order in writing- stances.
(i) aut]J.orise, or Price-Indian, arums 2; English, 3d.
1
2
·Tie Test Bengal Electricity (Emergency Powers) Act, 1948.° $
[Wesf Ben. Act
Section 5.) Restriction on supply of electri- cal energy and prohi- bition on reconnec- ion of
supply.
(ii) require· a licensee to, and the licensee when so required shall, dis- continue or re-duce the supply of electrical . energy to any consumer not being a distributing licensee, if such
consumer. - (a) without the permuss1on of the Provincial Govern- ment contravenes any order issued to him under section 3, or
(b) without the permission of the Provincial Govern- ment
(i) exceeds at any time the maximum demand in K.W. of electrical energy recorded in respect of him during the twelve months ending on the 31st January, 1945, or
(i) connects or has connected load beyond that noti- fed in writing to the licensee up to the 31st January, 1945.
(2) The licensee shall-
(i) before discontinuing or reducing the supply of electrical energy under sub-section (1) give the consumer not less than forty-eight hours' notice in writing of his intention so to do;
(ii) on discontinuing the supply, communicate to the Provincial Government within twenty-four hours .from the date of discontinuance the cir- cumstances in which he has done so;
(iii) on being so directed in writing by the Provincial Gorerment recommence the supply with all possible speed.
(3) The licensee shall report to the Provincial Government within twent;y-four hours of its coming to his notice every. contravention of any direction ' given under section 3 or clause () of sub-section (Z).
5. (1) Notwithstanding anything contained in the Indian Electricity Aet, 1910, or in any license granted thereunder or in. any contract or agreement or in any requisition, the Pro,incial Government may, if in its opinion, it is necessary or expedient for maintaining the supply or securing the equitable distribution of electrical energy, by an order in writing direct a licensee-
(a) not to comply; except with the written permission of the Provincial Government, with-
(i) the provisions of any contract, agreement or requisition (whether made before or after· the commencement of this Act), for the supply (other than the resumption of a supply), or an increase in the supply, of electrical energy to any person,
t
IX,o£ 1910..
( .
'>,
The West Bengal Electricity. (Emergency s' Powers) Act, 1948.
XVII of 1948.]
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(Sections 6-10.)
(ii) any requisition for 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 ;
(b) not to comply with any requisition for municipal purposes in-valving (otherwise than by way of l'eplacement) 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 Provincial
Official Gazette in this· behalf.
(3) 0n an application being made under sub-section (2), the Provincial Government may either refuse the permission sought or grant it either absolutely or subject to such con- ditions as it may think fit to impose and may also call for such further particulars relating to the application as it may :require.
6. Notwithstanding anything contained in any contract or Restriction. agreement, the Provincial Government may, if it so thinks on the use fit, by notification in the Official Gazette, direct any person. of electri- receiving a supply of electrical energy from a licensee speci- %? Pg"gr fed in the notification that he shall not use or cause to be G Gr used such electrical energy m the area of supply of such advertise- licensee for exhibiting light intended for advertisement on ment. the exterior of any premises or on any plot of land or in any street or· open space.
7. Any person who contravenes any order made under Penalties. section 3, 4,5 or 6 shall, on conviction, be punishable with imprisonment for a term which may extend to six months or with fne or mith both.
8. I the person referred to in section 7 is a company or Offences ·other body corporate, the managing director, manager, by corpo- secretary, or other principal officer managing its business rations. shall be deemed to be guilty of such contravention.
9. No Court shall take cognizance of any offence punish- Cognizance able under this Act except on a report in writing of the of offences. facts constituting such offence made by such public· servant as may be authorised by the Provincial Government in this behalf.
10, (1) No suit, prosecution or other legal proceeding Bar to·· shall lie against any person for anything which is in good legal pro- faith clone or intended to be clone in pursuance of any order, ceedings.
• direct.ion or requirement made under section 8, 4, 6 or 6.
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Service of order or directions. '[he West Bengal Electricity (Emergency Powers) Act, 1948. "
[West Ben. Act XVII of 1948.]
{Sections 11, 12.)
(2) No suit or other legal proceeding shall lie against the Crown for any damage caused or likely to be caused by anything which is in good faith done or .intended to be done in pursuance of any order made under section 3, 4, or 6.
1i. Every order or direction made or issued under this Act shall, as far as may be, be served in the manner prescribed in section 53 of the Indian Electricity Act,. 1910. 1X of1910..
4
Effect o£ 12. On the expiration of this Act, such expiration shall expiration not-
of this Act.
(a) affect any penalty or punishment incurred in respect of any offence committed under this A,.ct before its expiration; or
() affect any investigation, legal proceeding or remedy in respect of any such penalty or punishment as aforesaid;
and any such investigation, legal proceeding or remedy may be instituted, continued ·or enforced and any such penalty:
or punishment may be imposed as if this Act had not expired. MJ:BGP-4B/9-2709A-2M
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I
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. The Test Bengal Private Forests Act, 1948. 29,
XIV of 1948.]
(Chapter VII. lfscellaneous.-'Sections 62.64.)
e ,. any "Porers of the Regi-
onal
Forest-
officer
and con-
trol of •
the Pro-
vincial
shall in the exercise of his powers and in the per- Govern-
. formance of his duties in relation to such forest .ment. be guided by such orders and instructions as may, from time to time, be issued in this behalf by. the Provincial Government.
(b)
62. Subject to the provisions of this Act and to rules made thereunder, e,ery Regional -F'orest-officer-
(a) may do all such things requisite for the proper management of the forest the control of which has .been vested in him under this Act as the owner of such forest might do for its management, and XVI of
- 1927.
.Ben.Act XI of
1945.
63. (I) Sections 35, 36, 37 and 38. of the Indian Forest Repeal· Act, 1927, in their application to West Bengal are hereby and repealed. savings.
(2) Such repeal shall not affect anything done or suffered or any obligation or liability accrued or any penalty incurred or any proceedings commenced before the commencement of ' this Act.
(3) Any private forest or waste-land held under the control of a Forest-officer under section 36 of the Indian Forest Act, 192'7', inunecliately before the commencement of this Act shall, on such commencement, notwithstanding the repeal of the said section, continue to be so helcl under the control of a Regional Forest-officer under the provisions of this Act applicable to a ·rnsted forest and shall be deemed to be a vested forest for the purposes of this Act.
(4) All lands mhich immediately before the cc-mmence- ment of this Act were being managed as a reserved or a pro- tected forest under the pro,isions of section 38 of the Indian Forest Act, 1927, shall, on such commencement, notwith- standing the repeal of the said section, continue to be managed under the ,provisions of section 59 of this Act as a - vested forest subject to such terms as may have been mutually agreed upon between the owner or owners of such lands and the Collector, and the application made under sub-section
(1) of the said section 38 by the owner or owners of any such land shall be deemed to be an application made under the said section 59.
64. The Bengal Prirate Forests Aet, 1945, is hereby Repeal of repealed. Ben. Aet .'
XI of 1945. -
WBGP-48/9-2174A-2M
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