LexThe Bombay Gas Supply Act, 1939.
Maharashtra · state statute
Open in Lexace · Ask the AI about this act1939 : Bom. IX] 1
THE BOMBAY GAS SUPPLY ACT, 1939
[Text as on 27th May 2024]
___________
CONTENTS
PREAMBLE.
SECTIONS.
1. Short title, extent and commencement.
2. Definitions.
3. Company to prepare and render accounts annually.
4. Audit of Accounts.
5. Advisory Committee.
6. Rules to prescribe limits of prices.
7. Price in excess of limit not to be charged or recovered.
7A. Pressure etc. at which gas to be supplied.
7B. Facilities for inspection and testing.
7C. Company of maintain equipments.
7D. Complaint for failure to supply gas at normal pressure, etc.
7E. Consent of company required for additions to installation by consumers.
7F. Company to supply meters.
7G. New connections to be in accordance with rules.
7H. Complaint for incorrect meter.
7I. Disputes to be referred to Inspector.
7J. Recovery of charges and rents due to company.
7K. Fees for service of Inspector.
7L. Failure to pay Inspector’s fees by consumer.
7M. List of consumers.
7N. Directions by Inspector to consumers.
7O. Appointment of Inspector.
7P. Appeal against decision of Inspector.
8. Penalty for contravention by company.
9. The Principal Officer to be liable for default made by the company.
9A. Penalty for contravention by consumer.
9B. Inspector to be public servant.
9C. Indemnity from suits and proceedings.
10. Extension of the Act to persons manufacturing or supplying gas.
11. Rules.
2 The Bombay Gas Supply Act, 1939 [1939 : Bom. IX
1939 : Bom. IX] The Bombay Gas Supply Act, 1939 3
LIST OF AMENDMENT ACTS
1. Amended by Bom. 13 of 1950
2. Adapted and modified by the Adaptation of Laws Order, 1950.
3. Adapted and modified by the Bomba y Adaptation of Laws (State and Concurrent Subjects)
Order, 1956.
4. Amended by Bom. 51 of 1958
5. Adapted and modified by the Maharashtr a Adaptation of Laws (State and Concurrent
Subjects) Order, 1960.
4 The Bombay Gas Supply Act, 1939 [1939 : Bom. IX
1939 : Bom. IX] The Bombay Gas Supply Act, 1939 5
BOMBAY ACT No. IX OF 19391
[THE BOMBAY GAS SUPPLY ACT, 1939.]2
[17th May 1939]
An Act to provide for regulation of 3[the supply of gas including the prices, therefore] in the
Province of Bombay.
WHEREAS, it is expedient to prov ide for the regulation of 4[the supply of gas including the
prices therefore] in the Province of Bombay and for certain other matters; It is hereby enacted as
follows:—
1. Short title , extent and commencement. — (1) This Act may be called the Bombay Gas
Supply Act, 1939.
5[(2) It extends to the whole of the 6[State of Maharashtra].
(3) It shall come i nto force on such date as the 7[State] Government may by notification in the
Official Gazette 8[appoint in respect of the pre-Re-organization State of Bombay and in that part of the
State of Bombay to which it is extended by the Gas Companies Act, 1863 and the Bombay Gas Supply
Act, 1939 (Extension) Act, 1958 (Bom. LI of 1958), it shall come into force on such other date as that
Government may, by notification, published in like manner appoint.]
2. Definitions.— In this Act unless there is anything repugnant in the subject or context,—
(1) “company” means the Bombay Gas Company Limited, governed by the Gas Companies
Act, 1863 (Bom. V of 1863), or any other persons to whom the provisions of this Act may, for the
time being, be extended under section 10 and includes, the successors and assigns of such
company or persons;
(2) “consumer” means any person who is supplied with gas by the company;
(3) “prescribed” means prescribed by rules made under this Act;
9[(4) “Inspector” means the Gas Inspector appointed by the State Government under
section 70;
(5) “calorinc value” means the number of British thermal units (gross) produced by the
combustion of one cubic foot of gas measured at sixty degrees Fahrenheit under a pressure of
thirty inches of mercury and except as may be otherwise directed by the State Government in
relation t o gas supplied by any particular company or class of companies specified in the
direction, saturated with water vapour].
3. Company to prepare and render accounts annually. — (1) The company shall prepare and
render to the 10[State] Government or to such officer as the 11[State] Government may appoint in this
behalf, on or before the prescribed date in each year, a statement of accounts of its undertaking for such
1 For Statement of Objects and Reasons, see Bombay Government Gazette , 1939, Part -V, p. 165, or Bombay Legislative
Assembly Debates, 1939, Vol. 5, p. 3688 or Bombay Legislative Council Debates, 1939, Vol. 6, p. 780. For Proceedings
in Assembly, see Bombay Legislative Assembly Debates, 1939, Vol. 5, pp. 3193 -3201 and for Proceedings in Council
see Bombay Legislative Council Debates, 1939, Vol. 6, pp. 626-631.
2 The Act was extended to that part of the Sta te of Bombay to which, immediately before the commencement of Bom.
51 of 1958, it did not extend (vide Bom. 51 of 1958, s. (3)).
3 These words were substituted for the original words by Bom. 13 of 1950, s. 2.
4 These words were substituted for the original words by Bom. 13 of 1950, s. 2.
5 This sub-section was substituted for the original by Bom. 51 of 1958, s. 4(1).
6 These words were substituted for the words “State of Bombay” by the Maharashtra Adaptation Laws (State and
Concurrent Subjects) Order, 1960.
7 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
8 This portion was substituted for the word “appoint” by Bom. 51 of 1958, s. 4(1).
9 These clauses were inserted by Bom. 13 of 1950, s. 3.
10 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
11 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
6 The Bombay Gas Supply Act, 1939 [1939 : Bom. IX
period made up to such date, in such form and containing such particulars may b e prescribed in this
behalf.
(2) The company shall keep copies of such statement of accounts at its office and sell the same to
any applicant at a price not exceeding that which may be prescribed.
4. Audit of accounts.— (1) The 1[State] Government may di rect that the statement of accounts
of the undertaking shall, before being rendered under section 3 be examined and audited by such
person as the 2[State] Government may appoint or approve in this behalf.
(2) The remuneration of the auditor shall be such as the 3[State] Government may direct and his
remuneration and all expenses incurred by him in or about the execution of his dut ies, to such an
amount as the 4[State] Government shall approve, shall be paid by the company on demand.
(3) The company shall afford to the auditor, his clerks and assistants access to all such books and
documents relating to the undertaking as are necessary for the purposes of the audit and shall, when
required furnish him and them all vouchers and information requisite for that purpose and afford to him
and them all facilities for the proper execution of his and their duty.
(4) The audit shall be made and conducted in such manner as the 5[State] Government may direct.
(5) If the company fails to pay the amount of the auditor’s remuneration and the expenses
incurred by him within the time fixed by the 6[State] Government in this behalf, the same may be
recovered from it as an arrear of land revenue.
5. Advisory Committee. — (1) The 7[State] Government may by notification in the Official
Gazette constitute an Advisory Committee.
(2) The Advisory Committee shall consist of a Chairman and not less than two other members.
(3) The 8[State] Government may by general or special order,—
(i) define the powers and duties and regulate the procedure of the committee,
(ii) determine the tenure of office of the members of the committee and
(iii) give directions as to the payment of fees to and the travelling expenses incurred by any,
of the members of the committee in the execution of his duty.
6. Rules to Prescribe limits of prices. — The 9[State] Government may, from time to time in
accordance with the recommendations of the Advisory Committee, make rules prescribing the limits of
prices which the company may charge for the supply of gas to any consumer or cl ass of consumers in
the whole 10[of the 11[ State of Maharashtra] or in any specified areas.
7. Price in excess of limit not to be charged or recovered.— Notwithstanding any contract or
law, the company shall not, at any time, charge or recover from any consumer price for supply or gas
to him in excess of the limit prescribed in this behalf by rules made under section 6.
12[7A. Pressure etc. at which gas to be supplied. — The gas supplied by the company to the
consumers shall, except for any cause beyond its control, be of such standard of calorific value,
1 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
2 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
3 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
4 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
5 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
6 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
7 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
8 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
9 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
10 These words were substituted for the words “of the pre -Reorganisation State of Bombay, excluding the transferred
territories” by Bom. 51 of 1958, s. 4(2).
11 These words were substituted for the words “State of Bombay” by the Maharashtra Adaptation of Laws (State and
Concurrent Subjects) Order, 1960.
12 Sections 7-A to 7-P were inserted by Bom. 13 of 1950, s. 4.
1939 : Bom. IX] The Bombay Gas Supply Act, 1939 7
pressure and purity, such standard being subject to such allowance as may be specified, by the State
Government in this behalf by notification in the Official Gazette. The standard so specified may vary
from time to time and may be different for different localities or areas.
7B. Facilities for inspection and testing. — The company shall at all times afford all faciliti es
to the Inspector or his assistants authorised by him in writing in this behalf to inspect and test any of its
works for the purpose of determining the calorific value, pressure or purity of the gas supplied to the
consumers.
Explanation.— In this secti on “works” includes any buildings, machinery or apparatus required
to supply gas.
7C. Company of maintain equipments. — The company shall keep and maintain in good
working order such measuring and recording instruments and equipments as the inspector may require
for the correct determination of the calorific value, pressure and purity of gas supplied to the
consumers and for testing the accuracy of the meters. Such instruments and equipments shall at all
times be open for inspection and testing by the Inspector or any of his assistants.
7D. Complaint for failure to supply gas at normal pressure etc. — (1) A consumer may make
a complaint in writing to the company that the gas supplied to him is below the standard of the
specified calorific value or pressure or purity and the company shall, within forty -eight hours of the
receipt such complaint, test the calorific value or pressure or purity of the gas supplied in the presence
of the consumer or his representative if the consumer so desir es and if the gas supplied is found below
such standard taking into consideration the allowance specified shall restore the calorific value,
pressure or purity as the case may be, to its standard within forty -eight hours of such testing or within
such longer period as the Inspector may allow.
(2) Where on such testing the standard in regard to which the complaint was made is found to be
correct, the company shall be entitled to recover from the consumer a testing charge not exceeding
such amount as may be prescribed.
7E. Consent of Company required for additions to installation by consumers. — No
consumer shall at any time make additions to his installation without the knowledge and consent of the
company.
7F. Company to supply meters.— The company shall provide and maintain a correct meter for
every consumer for measuring the gas supplied to him.
7G. New connections to be in accordance with rules. — The company shall not grant new
connection to any person for the supply of gas, except in accordance with the rules made by the State
Government in this behalf.
7H. Complaint for incorrect meter.— (1) A consumer may make a complaint in writing to the
company that the meter supplied to him is not correct and the company shall, within forty -eight hours
of the receipt of such complaint, test the meter in the presence of the consumer or his representative if
the consumer so desires and if the meter is found to be otherwise than correct, shall replace it by
correct meter within the next forty-eight hours or such longer time as may be allowed by the Inspector.
(2) Where on such testing the meter is found to be correct, the consumer shall, if demanded by the
company in writing, be liable to pay to the company a testing charge not exceeding such amount as
may be prescribed.
Explanation.— For the purposes of this section, a meter shall be deemed to be correct if it does
not register measurement of gas more than 3 per cent. above or below the correct measurement.
7I. Disputes to be referred to Inspector. — (1) Where any dispute arises between a consumer
and the company as to the quantity of gas consumed, amount of any charges levied by the company for
the supply of gas, testing of calorific value, pressure or purity or testing of meter, the matter may by
8 The Bombay Gas Supply Act, 1939 [1939 : Bom. IX
application be referred by either party to the Inspector and decided by him after holding such inquiry as
he deems necessary.
(2) Such application shall be in writing and shall be in such form and accompanied by such fees
as may be prescribed.
7J. Recovery of charges and rents due to company. — (1) Where a consumer neglects to pay
any charge due from him to the company for the supply of gas or the testing of meter or the calorific
value, pressure or purity of gas or any rent due for any meter or fitting let f or hire by the company, the
company may after giving not less than seven clear day’s notice in writing and without prejudice to its
right to recover such charge or rent by suit, stop the gas from entering the premises of such consumer
by cutting off the service-pipes or the such means as the company shall think fit.
(2) When the company stops the gas from entering the premises of any consumer under
sub-section (1), the company, their agents or workmen after giving twenty four hours’ previous notice
to the occupiers may enter into such premises between the hours of nine in the forenoon and four in the
afternoon, and recover and carry away any pipe meter, fittings or other works, being the property of the
company.
(3) When any dispute has been referred unde r this Act to the Inspector, the company shall not
exercise the powers conferred by this section until the Inspector has given his decision or until the
expiry of one month from the date on which the dispute was referred to the Inspector, whichever is
earlier.
(4) When the supply of gas has been stopped by the company under this Section the company
shall not be bound to restore the supply of gas, until the consumer has paid to the company such
re-connection charges, if any, as may be prescribed.
7K. Fees for service of Inspector. — (1) For the services of the Inspector under any of the
provisions of this Act, the State Government may prescribe fees and may by general or special order
provide for remission of any fee or any portion thereof.
(2) Such fees shall be paid to the Inspector by such party as the Inspector may decide.
(3) The fees paid under sub-section (2) shall be credited to the State Government.
7L. Failure to pay Inspector’s fees by consumer. — Where a consumer fails to pay any
prescribed fee as directed by the Inspector within seven days from the date of demand of such fees by
the Inspector in writing, the Inspector may direct the company to discontinue the supply of gas to such
consumer and the company shall discontinue the supply of ga s to such consumer until such time as the
company is directed by the Inspector to restore the same :
Provided that the company shall not be bound to restore the supply of gas after it is so
discontinued, until the consumer has paid to the company such re -connection charges as may be
prescribed.
7M. List of consumers.— The Inspector may at any time require the company to submit to him
a list of persons supplied with gas by the company and the company shall comply with such requisition
and supply such other information as the Inspector may require.
7N. Directions by Inspector to consumers. — (1) The Inspector may direct any consumer to
discontinue the use of any part of the installation or any apparatus which in the opinion of the
Inspector, is causing, or is likely to cause, waste of gas or overloading of the meter provided on the
consumer’s premises and such consumer shall comply with the Inspector’s direction in this behalf.
(2) Where a consumer fails to comply with any direction given by the Inspector under
sub-section ( 1), without prejudice to any other penalty to which the consumer may be liable, the
Inspector may direct the company to discontinue the supply of gas to such consumer and the company
shall discontinue the supply of gas to such consumer until such time as the company is directed by the
Inspector to restore the same :
1939 : Bom. IX] The Bombay Gas Supply Act, 1939 9
Provided that the company shall not be bound to restore the supply of gas after it is so
discontinue, until the consumer has paid to the company such reconnection charges as may be
prescribed.
7O. Appointment of Inspector. — The State Government may by notificati on in the
Official Gazette appoint a duly qualified person to be a Gas Inspector and the Gas Inspector so
appointed shall exercise the powers and perform the functions of the Inspector under this Act, subject
to such restrictions as the State Government m ay direct. The qualification required for appointment as
the Inspector shall be such as may be prescribed.
7P. Appeal against decision of Inspector. — (1) An appeal shall lie from the decision of the
Inspector under this Act to the State Government or suc h officer as the State Government may, by
notification in the Official Gazette, appoint in this behalf.
(2) Every such appeal shall be made within 30 days from the date of the decision of the
Inspector.]
1[8. Penalty for contravention by company.— If the company, without reasonable excuse, the
burden of proving which penalty of contravention by company shall lie on the company, contravenes any
of the provisions of this Act, it shall, on conviction, be punished with fine which may extend to Rs. 1,000
and, in the case of a continuing contravention, with an additional fine which may extend to Rs. 50 for
every day during which such contravention continues after conviction for the first such contravention.]
9. The principal officer to be liable for def ault made by the company. — Where anything is
required to be done by the company by or under any provision of this Act, the principal officer of the
company shall be bound to do the same and shall be personally liable if default is made in the doing
any such thing.
Explanation.— For the purposes of this section the principal officer of the company shall mean
the director, secretary, treasurer, manager or agent of the company.
2[9-A. Penalty for contravention by consumer. — If a consumer, without reasonable excuse,
the burden of proving which shall lie on the consumer, fails to comply with any direction given to him
by the Inspector under any of the provisions of this Act, he shall, on conviction, be punished with a
fine which may extend to Rs. 100 and in the case of a continuing failure, with an additional fine which
may extend to Rs. 10 for every day during which such failure continues after conviction for the first
such failure.
9-B. Inspector to be public servant.— The inspector appointed by the State Government under
section 70 shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal
Code (XLV of 1860).
9-C. Indemnity from suits and proceedings. — No suit, prosecution or other proceedi ngs shall
be instituted against the Inspector or any of his assistants for anything in good faith done or purporting
to be done under this Act.]
10. Extension of the Acts to persons manufacturing or supplying gas. — The 3[State]
Government may, by notific ation in the Official Gazette , extend the provisions of this Act to any
person who manufactures or supplies gas in any area within the 4[State of Maharashtra].
11. Rules. — (1) The 5[State] Government may, by notification in the Official Gazette , make
rules for carrying out the purposes of this Act.
1 This section was substituted for the original by Bom. 13 of 1950, s. 5.
2 Sections 9-A, 9-B and 9-C were inserted by Bom. 13 of 1950, s. 6.
3 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
4 These words were substituted for th e words “State of Bombay” by the Maharashtra Adaptation of Laws (State and
Concurrent Subjects) Order, 1960.
5 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
10 The Bombay Gas Supply Act, 1939 [1939 : Bom. IX
(2) In particular and without prejudice to the generality of the foregoing provision such rules may
be made for all or any of the following matters:—
(a) the date on or before which the statement of accounts of its undertaking shall be
rendered by the company to the 1[State] Government under sub-section (1) of Section 3; the date
upto which such statement shall be made and the particulars which it shall contain and
(b) the maximum price at which cop ies of statement of accounts shall be sold under
sub-section (2) of section 3;
2[(c) the generation, transmission, supply and use of gas;
(d) the maximum amount of the testing charge to be paid to the company under sub -section
(2) of section 7D or of section 7H;
(e) the manner of granting new connections under section 7G;
(f) the form of application and the fees to be paid with the application under section 7I;
(g) the fees to be paid for the services of the Inspector under section 7K;
(h) the reconnection charges to be paid to the company under sections 7J, 7L and 7N;
(i) the installation, fixing of meters or fittings and their inspection and maintenance;
(j) the inspection of measuring and recording instruments;
(k) any other matter which is to be or may be prescribed.
(3) The power to make rules under this Act shall be subject to the condition of previous
publication.]
1 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
2 These clauses and sub-section (3) were inserted by Bom. 13 of 1950, s. 7.