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INDIAN ELECTRICITY (BIHAR AMENDMENT) ACT, 1950

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S.1 Short title

This Act may be called the "Indian Electricity (Bihar Amendment) Act, 1950".


S.2 Amendment of the Indian Electricity Act, 1910 in its application to Bihar

the Indian Electricity Act, 1910 (hereinafter referred to as the said Act), shall, in' its application to the State of Bihar, be amended in the manner hereinafter provided.


S.3 Amendment of Section 5 of Act 9 of 1910

       To clause (d) of Section 5 of the said Act, the following proviso shall be added, namely: -
       "Provided that where the undertaking vests in the State Government under the provisions of Section 7 A, for the purposes of valuation the time of such vesting shall be deemed to be the time of purchase."


S.4 Amendment of Section 7 of Act 9 of 1910

       To sub-section (2) of Section 7 of the said Act, the following proviso shall be added, namely: -
       "Provided that where the undertaking vests in the State Government under the provisions of Section 7 A, for the purposes of valuation the time of such vesting shall be deemed to be the time of purchase."


S.5 Insertion of new Section 7 A in Act 9 of 1910

       After Section 7 of the said Act, the following Section shall be inserted, namely:"
       (1) Notwithstanding anything contained in any law for the time being in force, the State Government may, -
       (a) when it elects under clause (d) of Section 5 to purchase an undertaking, or
       (b) if it elects under sub-section (2) of Section 7 to purchase an undertaking, on the expiry of the period of notice required to be given under sub-section (4) thereof, pending the purchase of the undertaking, at any time by order require the licensee to deliver possession of such undertaking to such officer as the State Government may appoint in that behalf on or before such day as may be specified in the order, and the licensee shall comply with such order. On failure of the licensee to comply with such order, the State Go

S.6 Amendment of Section 42 of Act 9 of 1910

       In Section 42 of the said Act, clauses (a), (b) and (c) shall be re-lettered as clauses (a), (b), (c) and (d) respectively and before clause (b), as so re-lettered, the following clause shall be inserted, namely:-
       "(a) fails to comply with a requisition under Section 7 A; or."


S.7 Possession taken before the coming into force of this Act deemed to be possession taken under new Section 7 A

Where the State Government has before the coming into force of this Act taken possession of any undertaking pending the purchase thereof by it under the said Act, such possession shall be deemed to have been taken in pursuance of an order issued under Section 7 A of the said Act.


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