Tinsukia and Dibrugarh Electric Supply Undertakings (Acquisition) Act, 1973
No: 10 Dated: Apr, 26 1973
THE TINSUKIA AND DIBRUGARH ELECTRIC SUPPLY UNDERTAKINGS (ACQUISITION) ACT, 197S
ASSAM ACT X OF 1973
An Act to provide for the acquisition of Tinsukia and Dibrugarh Electric Supply Undertakings;
Preamble. - Whereas it is expedient to provide for the acquisition of Tinsukia and Dibrugarh Electric Supply Undertakings for a public purpose and for giving effect to the policy of the State towards securing the principles specified in Clause (3) of Article 39 of the Constitution of India ;
It is hereby enacted in the Twenty-fourth year of the Republic of India as follows :
1. Short title, extent and commencement. - (1) This Act may be called the Tinsukia and Dibrugarh Electric Supply Undertakings (Acquisition) Act, 1973.
(2) It extends to the whole of the State of Assam.
(3) It shall be deemed to have come into force on the 27th day of September, 1972.
2. Definitions and interpretations. - In this Act, unless the context otherwise requires-
(a) 'Annual Account' means the account of the undertaking rendered to the Government annually under and in accordance with the Electricity Act;
(b) 'Board' means the Assam State Electricity Board constituted under Section 5 of the Electricity Supply Act;
(c) 'Document' in relation to an undertaking, includes its books, accounts, registers, maps and plans ;
(d) 'Electricity Act' means the Indian Electricity Act, 1910 (Central Act 9 of 1910);
(e) 'Electricity Supply Act' means the Electricity Supply Act, 1948 (Central Act 54 of 1948) ;
(f) 'Fixed assets' includes works, spare parts, stores, tools, motor and other vehicles, office equipment and furniture ;
(g) 'Government' means the Government of Assam ;
(h) 'Licensee' means the Tinsukia Electric Supply Company Ltd. and/or the Dibrugarh Electric Supply Company Private Ltd., as the case may be;
(i) 'Prescribed' means prescribed by rules made under this Act ;
(j) 'Undertaking' means the Tinsukia Electric Supply Undertaking owned and managed by the Tinsukia Electric Supply Company Ltd., and/or the Dibrugarh Electric Supply Undertaking owned and managed by the Dibrugarh Electric Supply Company Private Ltd., as the case may be;
(k) 'Vesting date' means the 27th day of September, 1972, at 11.30 p.m. being the date and time when the undertaking shall vest in the Government under Section 4 ;
(l) 'Works' includes electric supply lines and any lands, buildings, machinery or apparatus required to supply energy and to carry into effect the object of a licence granted under the Electricity Act ;
(m) other expressions shall have the meanings respectively assigned to them in the Electricity Act.
3. Application. - (1) This Act shall apply to the undertakings.
(2) Any notice given under any of the provisions of the Electricity Act or the Electricity Supply Act to the licensee for the purchase of the undertaking and in pursuance of which notice the undertaking has not been purchased before the commencement of the Act, shall lapse and be of no effect.
Explanation. - There shall be no obligation on the part of the Government or the Board to purchase any undertaking in pursuance of any notice given as aforesaid, nor shall the service of such notice be deemed to prevent the Government from taking any proceeding de novo in respect of the undertaking under this Act.
4. Vesting date. - The Tinsukia and Dibrugarh Electric Supply Undertakings shall be deemed to be transferred to, and shall vest in the Government, on the 27th day of September, 1972 at 11.30 p.m.
5. Transfer of undertakings to Board. - The Government may, by an order in writing, transfer the undertaking acquired under this Act to the Board on such terms and conditions, as may be specified therein, and on such transfer the undertaking together with all assets, liabilities, rights and obligations which by virtue of this Act have devolved on the Government, shall thereupon vest and devolve on the Board.
6. Gross amount payable to licensee. - (1) The gross amount payable to a licensee shall be the aggregate value of the amounts specified below :
(i) the book value of all completed works in beneficial use pertaining to the undertaking and taken over by the Government (excluding works paid for by consumers) less depreciation calculated in accordance with Schedule I;
(ii) the book value of all works in progress taken over by the Government, excluding works paid for by consumers or prospective consumers ;
(iii) the book value of all stores including spare parts taken over by the Government and in the case of used stores and spare parts, if taken over, such sum as may be decided upon by the Government;
(iv) the book value of all other fixed assets in use on the vesting date and taken over by the Government less depreciation calculated in accordance with Schedule I;
(v) the book value of all plants and equipments existing on the vesting date, if taken over by the Government, but no longer in use owing to wear and tear or to obsolescence, to the extent such value has not been written off in the books of the licensee less depreciation calculated in accordance with Schedule I;
(vi) the amount due from consumers in respect of every hire-purchase agreement referred to in Section 7(i) and (ii) less a sum which bears to the difference between the total amount of the instalments and the original cost of the material or equipment, the same proportion as the amount due bears to the total amount of the instalments ;
(vii) any amount paid actually by the licensee in respect of every contract referred to in Section 7(1)(iii).
Explanation. - The book value of any fixed asset means its original cost and shall comprise-
(i) the purchase price paid by the licensee for the asset, including the cost of delivery and all charges properly incurred in erecting and bringing the asset into beneficial use as shown in the books of the undertaking;
(ii) the cost of supervision actually incurred but not exceeding fifteen per cent of the amount referred to in paragraph (i) :
Provided that before deciding the amounts under this sub-section, the licensee shall be given an opportunity by the Government of being heard, after giving him a notice of at least 15 days therefor.
(2) In addition a sum equal to 10 per cent of the amounts assessed under clauses (i) to (iv) of sub-section (1) shall be paid to the licensee by the Government.
(3) When any asset is acquired by the licensee after the expiry of the period to which the latest annual accounts relate, the book value of the asset shall be such as may be decided upon by the Government:
Provided that before deciding the book value of any such asset, the licensee shall be given an opportunity by the Government of being heard, after giving him a notice of at least 15 days therefor.