The NDIAN ELECTRICITY (ASSAM AMENDMENT) ACT, 1973
ASSAM ACT IX OF 1973

(Receive'd the assent of the President on the 25th April 1973)

THE INDIAN BLECT 1UCITY (ASSAM AMENDMENT)

ACT, 1973

[Published in the _Assam Gazette,_ Extraordinary, dated the 26th

April, 1973]

An
Act

#### to a;mend the Indian Electricity Act. 1910 in its application to the territory Cl>lllprised wit hin t he State of Assam

Preamble Whereaw it is expedient to amend the Indian Ceniral Act

Electricity Act, 1910 hereinafter called the prir1cipal [9 ] of [191] 0·

Act, in its application to the territory comprised

within the State of Assam in the m anner herein-
after appearing ;

#### It is hereby enacted in the Twenty-four ih Year

of the Republic of India, as follows :-

1. (I) This Act may be called the Indian Elec-

Short title

tricity (As>am Amendment) Act, 19 ' 3.

extent and

commence-

ment. (2) It shall extend tv th e Stale of As 0 am.

(3) It shall be deemed to have comr into

force on the 27th day of Septembe··. 1972.

2. In section 5 of the pr incipal Act, in sub-

Amendm: nt
of section 5. _f2)-_

sec.ion

(i) for the words ' ·the purcha1e pJice of

the undertaking", the words "an amount"
1hall be substituted ;

(ii) the words , brackets, figure and punctua-
tion marks "or as the ca ~ e may b",
sub-section (3) cf that section" shall
be deleted .

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Amendment 3. In section 6 of the principal Act, in sub·

of section 6. iection (7) ,-

(i) for the words "the purchase pr ice", the

words "an amount" shalJ be sub-

stituted ;

(ii) for the words, brackets and figure "sub-

section ( 4) ", the words. brackets, figures

and punctuation ma1k "sub-sections (1)

(2) and (3)" ahall be substituted.

Substitution
of section 4. For section 7-A of the principal Act, the
7-A. following section shall be substituted, namely-

''Determi-
nation of 7-A. (1) Where an undertaking of a licenseeis
amount pay- sold under sub-section (I) of section 5 or purchased

able. under section 6, the amount payable for the under-

taking shall be the book value of the undertaking
#### at the time of purchase 0r where the undertaking
has been delivered before the purchase under sub-
section (3) of sectio:a 5, at the time of .Jelivery of
the undertaking.           -

(2) The book value of an under taking for
the purpose of sub-section (1) shall be deemed to
be the depreciated book value as shown in the
audited balance sheet of the licensee under the law
for the time being in force, of all lands, buildings,
works, materials and plant of the licensee, suitable
to and used by him for the purpose of the under-

taking, other than (i) a generating station declared
by the licensee not to form part of the undertaking
#### for the purpose of purchase and (ii) service lines or other capital works or any . part thereof which
have been constructed at the experise of the con-
sumers, but without any addition in respect of com-
pulsory purchase or of goodwill or any pr ofits which
may be or might have been made from the under-
taking or of any similar consideration.

(3) Notwithstanding anything contained in any

licence or any instrument, order, agreement or law
for the time being in force in respect of any addi-
tional sum by whatevf'r name may it be called,
payable to a licensee for compulsory purchase, the
licensf' e shall be entitled only to a _solatium_ Gf ten

percentum of the book value as determ ined under
sub·sections (1) and (2) for compulsoty purehase of
his undertaking under section 6.

(4) No provision of any Act for the time being

in force including the 01her provisions of this Act


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and of any rules made thereunder or of any instru-
ment including licence having effect by virtue of
any of such Acts or any rule made thereunder,
shall, in so far as it is inconsistent with any of
the provisions of thia aection, have any effect."

~T!,::1[4 ] .5~ (I) The Indian Electricity (Assam Amendment}[Allsaa Otdi•

Ordinance, 1972. Is hereby repealed. aa.e• Vil

                                                - 1911.

(2) Notwithstanding such repeal and notwithstan-

ding any judgement, decree or order of any court or
tribunal, any action taken or purported to have been
taken or anything done or purported to have been
done, or any right, obligation or liability acquired
or incurred, by or on behalf of the Government

#### of Assam or the Assam State Electricity Board, A~sii~di­
in pursuance of the provisions of the Indian Ele- nanc~ "VII

ctricity (Assam Amendment) Ordinance, 1972, shall of 1972.
be deemed to have been taken, done, acquired or
incurred under the corresponding provisions of thi1
Act, by or on behalf of the Government of A1~am
or the Assam State Electricity Board, a.1th• a:asc-
may be.

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