The ASSAM ELECTRICITY CONTROL (EMERGENCY POWERS) A CT, 1947

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ASSAM ACT IX OF 194 7 
THE ASSAM ELECTRICITY CONTROL (EMERGENCY POWERS) 
A CT, 1947 
(Passed by the Assam Legislature) 
l Received the assent of the Governor General on the 11th April 1947.] 
[Published in the Assam Gazette of the 30th April 194 7] 
Short title, 
extent and 
commen<;e­
ment. 
Control of 
production, 
distribution, 
use and con­
sumption of 
electrical 
energy. 
Continuance 
of existing 
orders. 
An Act to provide for the continuance of control in respect of pro­
duction, distribution, use and consumption of electrical energy 
WHEREAS it is expedient to provide for the continuance 
of the control heretofore exercised in respect of production, 
distribution, use and consumption of electrical energy. 
It is hereby enacted as follows :-
1. (1) This Act shall be called the Assam Electricity 
Control (Emergency Powers) Act, 1947. 
(2) It extends to the whole of Assam. 
(3 j It shall come into force at once. 
2. The Provincial Government, so far as it appears to 
it to be necessary or expedient for maintaining supplies and 
services essential to the life of the community, may by order 
provide for-
( a) regulating or prohibiting the production, distri­
bution, use or consumption of electrical energy ; 
and 
(b) any incidental and supplementary matter which 
it thinks it expedient for the purposes of any such 
order to provide, including the grant of permits 
and other documents. 
3. Notwithstanding the expiry of sub-rule (2) of rule 81 
of the Defence of India Rules, any order regulating or pro~ 
hibiting the production, distribution, use or consumption of 
electrical energy issued under the aforesaid sub-rule before 
the commencement of this Act and in force in any area imme­
diately before such commencement, shall continue to be in 
force in such area and be deemed to be an order made by 
the Provincial Government under section 2. 
Penalty for 4. If any person contravenes any orde1· made or 
~fo~r~f~~der. d~em~d t~ be made un~er section .2 .he shaH be punisha?le 
with Impnsonment of either descnptlon for a term wh1ch 
may extend to three years or with fine or with both. · 
Savings. 5. The expiration of rule 81 of the Defence of India 
Rules shall not affect anything done under that rule- or any 
obligation or liability incurred under any order made 
under that rule, or affect any penalty or punishment in 
respect of any contravention of any such order or any 
investigation or legal proceeding in respect of any such 
obligation, liability, penalty or punishment as aforesaid ; 
and any such investigation or legal proceeding may be 
instituted or continued and any such penalty or punishment 
may be imposed as if the said rule 81 had not expired. 
[ Price 1 anna or ld.] 
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.Effect ?f 6. Any order made or deemed to be made under 
~rder mc~mh· section 2 shall have effect notwithstanding anything 
s1stent wit . . h · h · d · h I d. El · "t other enact· Inconsistent t erew1t contame m t e n Ian ectnc1 y 
ments. Act, 1910, or any other enactment (other than this Act) 
or in any instrument having effect by virtue of any 
enactment other than this Act. 
Delegation of 7. The Provincial Government may by order direct that 
powers. any power conferred on it by section 2 shall, in such 
circumstances and under such conditions, if any, as may b~ 
specified in the direction, be exercised by any officer or 
authority subordinate to it. 
Saving as to 8. (1) No order made or deemed to be made m exer­
orders. cise of any power conferred by or under this Act shall be 
called in question in any Court. 
(2) Where an order purports to have been made and 
signed by any authority in exercise of any power conferred 
by or under this Act, a Court shall, within the meaning of 
the Indian Evidence Act, 1872, presume that such order was 
so made by that authority. 
Pr~tection of 9. (1) No suit, prosecution or other legal proceeding 
actdion taken shall lie against any person for anything which is in good 
un er th1s r · h d · d d b d · f h · A Act. 1a1t one or mten e to e . one m pursuance o t JS ct 
or any order made or deemed to be made thereunder. 
(2) No suit or other legal proceeding shall lie against 
the Crown for any damag e caused or likely to be caused by 
anything in good faith done or intended to be done in 
pursuance of this Act or any order made or deemed to he 
made thereunder. 
A. G. P. (Leg.) No. 9-750+25-i-7-1947 , 
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Act IX of 
1910. 
Act I of 
"1872 
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