Berhampore Electric Supply Company Limited (Undertaking) Acquisition Act, 1981
No: 6 Dated: Mar, 28 1981
THE BERHAMPORE ELECTRIC SUPPLY COMPANY LIMITED (UNDERTAKING) ACQUISITION ACT, 1981
West Bengal Act VI of 1981
An Act to provide for the acquisition of the electric supply undertaking of the Berhampore Electric Supply Company Limited with a view to ensuring proper functioning of the said electric supply undertaking for public purpose and for matters connected therewith or incidental thereto.
Whereas the financial condition of the Berhampore Electric Supply Company Limited is such that it is unable to carry out its functions properly in relation to its electric supply undertaking;
And Whereas it is expedient to provide for the acquisition of the electric supply undertaking of the Berhampore Electric Supply Company Limited with a view to ensuring proper functioning of the said electric supply undertaking for public purpose and for matters connected therewith or incidental thereto;
It is hereby enacted in the Thirty-second Year of the Republic of India, by the Legislature of West Bengal, as follows:-
1. Short title and commencement. - (1) This Act may be called the Berhampore Electric Supply Company Limited (Undertaking) 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) "Board" means the West Bengal State Electricity Board constituted under section 5 of the Electricity (Supply) Act, 1948;
(c) "fixed assets" includes works, spare parts, stores, stocks, instruments, tools, motor and other vehicles, office equipments and furniture;
(d) "licensee" means the holder of the Berhampore Electric Licence, 1928;
(e) "notification" means a notification published in the Official Gazette,
(f) "prescribed" means prescribed by rules made under this Act;
(g) "undertaking" means the electric supply undertaking of the Berhampore Electric Supply Company Limited held under the Berhampore Electric Licence, 1928 granted under the Indian Electricity Act, 1910;
(h) 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. Undertaking to vest in the State Government. - (1) Notwithstanding anything in any other law for the time being in force or in any contract, on and from the appointed day the undertaking shall, by virtue of this Act, stand transferred to, and vest in, the State Government.
(2) The undertaking which stands vested in the State Government by virtue of sub-section (1) shall, immediately after such vesting, stand transferred to, and vested in, the Board.
4. General effect of vesting. - (1) The undertaking which vests under section 3 shall be deemed to include all rights, powers, authorities, privileges, properties, liabilities and obligations as specified below:-
(a) all lands, buildings, works, materials, plants, fixed assets and books, documents and other papers of the licensee in relation to the undertaking;
(b) all rights, liabilities and obligations of the licensee in relation to the undertaking under hire-purchase agreement, if any, made before the appointed day;
(c) all rights, liabilities and obligations of the licensee in relation to the undertaking under any contract entered into bona fide before the appointed day, not being a contract relating to the borrowing or lending of money, or to the employment of staff.
(2) The undertaking 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, injunction or decree or order of any court restricting the use of such undertaking in any manner shall be deemed to have been withdrawn.
(3) The licence shall be deemed to have terminated on the appointed day and all rights, liabilities and obligations of the licensee under any agreement to supply electricity shall on the appointed day be so devolved on the Board.
(4) It shall be lawful for the Board or any officer or employee of the Board authorised by the Board in this behalf to take possession of the undertaking.