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 AMENDMEN T) 
ACT, 1973 
[Publ ished in the Assam Gazette, Extraordina ry, dat ed the 26th 
April, 1973] 
An 
Act 
to a;mend the Indian Electricity Act. 1910 in its application to 
the territory Cl>lllprised within t he State of Assam 
Preamble Wher eaw it is expedient to amend the Indi an Ceniral Act 
Electricity Act, 1910 her einafter call ed the pr ir1cipal 9 of 1910· 
Act, in its application to the terr itory comp rised 
Short title 
extent and 
commence­
ment. 
Amendm : nt 
of section 5. 
sec.ion 
within the Stat e of Assam in the m anner herein-
aft er app ea ring ; 
It is hereby enact ed in the Twenty-four ih Year 
of the Republic of India, as follows :-
1. (I) This Act may be called th e Indian Elec­
tricity (As>am Amendment) Act, 19 '3. 
(2) It shall exten d tv th e Stal e of As
0
am. 
(3) It shall be deem ed to hav e com r into 
force on the 27th day o f Sept embe ··. 1972. 
2. In section 5 of the pr incipal Act, in sub­
f2)-
(i) for the words ' ·th e purcha1e pJic e of 
the und ertaking", the words "an amount" 
1hall be substituted ; 
(ii) the words , brackets, figur e and punctua­
tion marks "or as the ca ~ e may b", 
sub-s ection (3) cf that section" shall 
be dele ted . 
292 
Amendment 3. In section 6 of the principal Act, in sub· 
of section 6. iection (7) ,-
Substitution 
of section 
7-A. 
(i) for the words "the purchas e 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-s ections (1) 
(2) and (3)" ahall be substituted. 
4. For section 7-A of the princip al Act, the 
following section shall be substitut ed , 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 amoun t payab le for the under­
taking shall be the book value of the und ertaking 
at the time of purchase 0r where the under taking 
has been delivered before the purchase und er sub­
section (3) of sectio:a 5, at the time of .Jelivery of 
the undertaking. · 
(2) The book value of an und er 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 land s, 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) servic e 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 r espect of com­
pulsory purchase or of goodwill or any profits which 
may be or might have been made from the under­
taking or of any similar consider ation. 
(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 compuls ory purchas e, the 
licensf'e shall be entitled only to a solatium Gf ten 
perc entum of the book value as determ ined under 
sub·sections (1) and (2) for compulso ty 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 
293 
and of any rules made thereunder or of any instru­
ment including licence having effect by virtue of 
any of such Acts or any rul e made thereunder, 
shall, in so far as it is inconsist ent with any of 
the provisions of thia aection, have any effect." 
~T!,::14 .5~ (I) The Indian Electricity (Assam Amendme nt}[Allsaa Otdi• 
Ordinance, 1972. Is her eby repealed. aa.e• Vil 
(2) Notwithstanding such repeal and notwithstan­
ding any judgem ent, decree or order of any court or 
tribunal, any action taken or purpor ted to have been 
taken or anything done or purport ed to have been 
done, or any right , obligation or liability acquired 
or incurred, by or on behalf of the Government 
•f 1911. 
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) Ordin ance, 1972, shall of 1972. 
be deemed to have been taken, done, acquired or 
incurred under the corr esponding 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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