INDIAN ELECTRICITY (GUJARAT AMENDMENT) ACT, 1976
GUJARAT ACT NO. 18 OF 1976.
(First published, after having received the assent of the President in the “Gujarat Government Gazette” on the 16th June 1976).
An Act to re-enact the Indian Electricity (Gujarat Amendment) Act, 1974 (President’s Act No. 12 of 1974).
It is hereby enacted in the Twenty-seventh Year of the Republic of India as follows:—
Short title and commencement.
1 (1) This Act may be called the Indian Electricity (Gujarat Amendment) Act, 1976.
(2) Save as otherwise provided in this Act, it shall come into force at once.
Amendment of section 6. 9 of 1910.
9 of 1910.
2. In section 6 of the Indian Electricity Act, 1910 (in its application to the State of Gujarat) (hereinafter referred to as “the principal Act”),—
(i) after sub-section (5), the following sub-section shall be inserted and shall be deemed to have been inserted with effect from the 1st day of May, 1960, namely:—
“(5A) Where a notice exercising the option of purchasing the undertaking has been served upon the licensee under this section, the licensee shall deliver the undertaking to the State Electricity Board, the State Government or the local authority, as the case may be, on the expiration of the relevant period referred to in sub-section (1) pending the determination and payment of the purchase price:
Provided that in any such case, the purchaser shall pay to the licensee, interest at the Reserve Bank rate ruling at the time of delivery of the undertaking his one per centum, on the purchase price of the undertaking for the period from the date of delivery of the undertaking to the date of payment of the purchase price”;
(ii) sub-section (6) shall be omitted and shall be deemed to have been omitted with effect from the 1st day of May, 1960.
Amendment of section 7 of Act 9 of 1910.
3. In section 7 of the principal Act, for the words, brackets and figures “or under sub-section (6) of section 6”, the words, brackets, figures and letter “or under sub-section (5A) of section 6” shall be substituted and shall be deemed to have been substituted with effect from the 1st day of May, 1960.
Amendment of section 7AA of Act 9 of 1910.
4. In section 7AA of the principal Act,—
(i) in sub-section (1), for the words, brackets and figures “or under sub-section (6) of section 6”, the words, brackets, figures and letter “or under sub-section (5A) of section 6” shall be substituted and shall be deemed to have been substituted with effect from the 2nd day of March, 1974;
(ii) in sub-section (2), for the words, brackets and figures “or sub-section (6) of section 6”, the words, brackets, figures and letter “or sub-section (5A) of section 6” shall be substituted and shall be deemed to have been substituted with effect from the 2nd day of March, 1974.
Certain defaults and failures not to be offences.
5. Notwithstanding that the amendments made to sections 6 and 7AA of the principal Act have been given retrospective effect, no default or failure to comply with the provisions of the said section 6 as amended by this Act or the said sec¬tion 7AA as amended by this Act shall render any person guilty of any offence if such default or failure—
(a) relates to the provisions of sub-section (5A) as inserted in section 6 of the principal Act by section 2 of this Act; and
(b) occurred before the commencement of this Act
Validation.
6. Notwithstanding anything contained in any judgment, decree or order of any court, every option of purchase of an undertaking exercised by the Gujarat Electricity Board, the State Government or a local authority in the State of Gujarat by serving a notice upon a licensee under section 6 of the principal Act and every delivery of an undertaking effected by a licensee to the said Electricity Board, State Government or local authority, as the case may be, in pursuance of such notice, at any time after the 1st day of May, 1960 and before the commencement of this Act, shall be deemed to have been exercised or effected, as the case may be, under section 6 of the principal Act as amended by this Act as if the said section 6 as so amended were in force at all material times when such option was exercised or delivery was effected and accordingly every option of purchase so exercised and every delivery of an undertaking so effected and all things done or actions taken in consequence of such exercise of option or delivery of the under¬taking shall be, and shall be deemed always to have been, valid and shall not be called in question in any court or tribunal or before any other authority merely on the ground that section 6 of the principal Act did not provide for the payment of any interest on the purchase price for the period from the date of delivery of the undertaking to the date of payment of the purchase price.
Repeal of President's Act No. 12 of 1974.
Act No. 13 of 1971.
Bom. I of 1904.
7. The Indian Electricity (Gujarat Amendment) Act, 1974 is hereby repealed and the provisions of section 7 of the Bombay General Clauses Act, 1904 shall apply to such repeal as if that Act were an enactment. |
