Barakar Electric Supply Installations Acquisition Act, 1981
No: 5 Dated: Mar, 28 1981
THE BARAKAR ELECTRIC SUPPLY INSTALLATIONS ACQUISITION ACT, 1981
West Bengal Act V of 1981
An Act to provide for the acquisition of the Barakar Electric Supply Installations for public purpose and for matters connected therewith or incidental thereto.
Whereas it is expedient to provide for the acquisition of the Barakar Electric Supply Installations for public purpose and for matters connected therewith or incidental thereto;
It is hereby enacted as follows:-
1. Short title and commencement. - (1) This Act may be called the Barakar Electric Supply Installations Acquisition Act, 1981.
(2) It shall be deemed to have come into force on the 12th day of February, 1981.
2. Definitions. - In this Act, unless the context otherwise requires,-
(a) "appointed day" means the 12th day of February, 1981;
(b) "area of supply" means the area specified as such in the Barakar Electric Licence, 1935;
(c) "Barakar Electric Licence, 1935" means the licence, cited as the Barakar Electric Licence, 1935, granted to Babu Hariram Agarwalla (since deceased) of Barakar by the State Government under Part II of the Indian Electricity Act, 1910;
(d) "Barakar Electric Supply Installations" means and includes any feeder, distributing main, service line, transformer station with all its connected machinery and apparatus, plant, workshop, generating station, electric supply line (whether overhead line or underground cable), land, building, machinery, apparatus, fixed assets and any other thing of whatever description acquired, erected or set up and any service line or other capital work or any part thereof constructed to supply energy within the area of supply under the Barakar Electric Licence, 1935 and to carry into effect the objects of such licence and all the books, documents and other papers relating to the said Barakar Electric Supply Installations.
Explanation.- "Generating station" shall have the same meaning as in the Electricity (Supply) Act, 1948;
(e) "Board" means the West Bengal State Electricity Board constituted under section 5 of the Electricity (Supply) Act, 1948;
(f) "fixed assets" includes works, spare parts, stores, stocks, instruments, tools, motor and other vehicles, office equipments and furniture;
(g) "notification" means a notification published in the Official Gazette;
(h) "owner" means any person having right, title and interest in the Barakar Electric Supply Installations;
(i) "prescribed" means prescribed by rules made under this Act;
(j) "property" means the Barakar Electric Supply Installations and the right, title and interest of the owner in relation to such installations;
(k) words and expressions used but not defined in this Act and defined in the Indian Electricity Act, 1910 or the Electricity (Supply) Act, 1948 shall have the meanings respectively assigned to them in that Act.
3. Barakar Electric Supply Installations to vest in the State Government. - (1) On and from the appointed day, the Barakar Electric Supply Installations and the right, title and interest of the owner in relation to such installations shall, by virtue of this Act, stand transferred to, and vest absolutely in, the State Government.
(2) The property which stands vested in the State Government by virtue of sub-section (1) shall, immediately after such vesting, stand transferred to, and vest in, the Board.
4. General effect of vesting. - (1) The property which vests under section 3 shall, by force of such vesting, be freed and discharged from any trust, obligation, mortgage, debt, charge and all other incumbrances affecting it, and any attachment, injunctions or decree or order of any court restricting the use of such property in any manner shall be deemed to have been withdrawn.
(2) Any person in whose possession or custody or control the property as aforesaid or any part thereof may be, immediately before the appointed day, shall, on the appointed day, deliver the possession of such property or any part thereof, as the case may be, and all books of account, registers and all other documents of whatever nature relating to such property or any part thereof to the Board or to such other person as the Board may authorise in this behalf.
(3) The Board may take, or cause to be taken, such steps as it considers necessary for securing the possession of the property which has vested under section 3.