INDIAN ELECTRICITY (GUJARAT AMENDMENT) ACT, 1973
GUJARAT ACT No. 3 OF 1974.
(First published, after having to received the assent of the President in the Gujarat Government Gazette on the 2nd March, 1974.)
An Act further to amend the Indian Electricity Act, 1910, in its application to the State of Gujarat.
It is hereby enacted in the Twenty-fourth Year of the Republic of India as follows:—
Short title.
1. This Act may be called the Indian Electricity (Gujarat Amendment) Act, 1973.
9 of 1010.
Insertion of new section 7AA in Act 9 of 1910.
2. In the Indian Electricity Act, 1910 (in its application to the State of Gujarat), (hereinafter referred to as “the principal Act”), after section 7, the following section shall be inserted, namely:—
Power to take delivery of possession of undertaking.
“7AA. (1) If a licensee upon whom a notice requiring him to deliver the undertaking to the designated purchaser has been served in pursuance of sub-section (3) of section 5 or a notice exercising the option of purchasing the undertaking has been served under section 6 refuses or fails to deliver the undertaking as required under sub-section (3) of section 5 or under sub-section (6) of section 6, as the case may be, the State Electricity Board, the State Government or the local authority, as the case may be, may, by order in writing, require the licensee to deliver on or before such date as may be specified in the order, the possession of the undertaking, including all its property, effects, actionable claims, books of account and other documents, to such officer as the State Electricity Board, the State Government or the local authority, as the case may be, may appoint in that behalf and the licensee shall comply with such order. On failure of the licensee to comply with such order, such officer may forthwith enter into possession of such undertaking and may take or cause to be taken such steps and use or cause to be used such force as may in the opinion of such officer be reasonably necessary for that purpose.
(2) On the entry into possession under sub-section (1) by the officer concerned, the provisions of section 7 shall apply as if the undertaking had been delivered to the State Electricity Board, the State Government or the local authority, as the case may be, under sub-section (3) of section 5 or sub-section (6) of section 6, as the case may be.”.
Insertion of new section 42A in Act 9 of 1910.
3. In the principal Act, after section 42, the following section shall be inserted Namely:—
Penalty for refusal or failure to deliver possession of undertaking or its property and for obstructing the taking of possession thereof.
“42A. (1) Whoever —
(а) being a licensee or an officer or employee of the licensee, wilfully fails or refuses to deliver to the officer appointed under sub-section (1) of section 7AA (hereinafter in this section referred to as “the appointed officer”) the possession of the undertaking, or the possession of any property, effects or actionable claims belonging to or forming part of such undertaking or of any books of accounts or other documents relating to the undertaking the possession of which the appointed officer is entitled to take, or
(b) wilfully obstructs the appointed officer in entering into possession of the undertaking or taking possession of any of its property, effects, actionable claims, books of accounts or documents as aforesaid,
shall be punishable with imprisonment of either description (rigorous or simple) for a term which may extend to two years or with fine which may extend to ten thousand rupees, or with both.
V of 1898.
(2) Notwithstanding anything contained in the Code of Criminal Procedure, 1898 an offence punishable under this section shall be cognizable.”. |
