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The Bharat Hydro Power Corporation Limited (Acquisition and Transfer of Undertaking) Act, 1996
The Bharat Hydro Power Corporation Limited (Acquisition and Transfer of Undertaking) Act, 1996
Sections
1. Short title, extent and commencement.
Section 12. Definitions.
Section 23. Transfer to and vesting in the State Government of the undertaking of the company.
Section 34. General effect of vesting.
Section 45. State Government not liable for past liabilities.
Section 56. Power of the State Government to direct vesting of the undertaking of the company in the Board.
Section 67. Payment of amount.
Section 78. Gross amount payable to the company.
Section 89. Effect of transaction not bonafide.
Section 910. Recovery of loss from the Company.
Section 1011. Deduction from the gross amount.
Section 1112. Payment of net amount.
Section 1213. Recovery of excess amount.
Section 1314. Constitution of Commission.
Section 1415. Employment of certain employee to continue.
Section 1516. Provident fund and other funds.
Section 1617. Inventory of assets.
Section 1718. Power of entry.
Section 1819. Penalty.
Section 1920. Cognisance of offences with previous sanction only.
Section 2021. Offences by companies.
Section 2122. Protection of action taken in good faith.
Section 2223. Bar of jurisdiction of Court.
Section 2324. Effect of other laws.
Section 2425. Power to remove difficulties.
Section 2526. Arbitration.
Section 2627. Power to make rules.
Section 2728. Repeal and saving.
Section 28
the-bharat-hydro-power-corporation-limited-acquisition-and-transfer-of-undertaking-act-1996.json
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28 Sections
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Assam
{
"id": 14050,
"slug": "the-bharat-hydro-power-corporation-limited-acquisition-and-transfer-of-undertaking-act-1996",
"title": "The Bharat Hydro Power Corporation Limited (Acquisition and Transfer of Undertaking) Act, 1996",
"short_title": "The Bharat Hydro Power Corporation Limited (Acquisition and Transfer of Undertaking) Act, 1996",
"act_number": "(Assam Act No. 1 of 1997)",
"act_year": 1996,
"act_type": "STATE",
"location": "Assam",
"law_status": "unknown",
"enactment_date": null,
"description": "The Bharat Hydro Power Corporation Limited (Acquisition and Transfer of Undertaking) Act, 1996",
"preamble": "",
"section_label": "Section",
"sections": [
{
"number": "1",
"title": "1. Short title, extent and commencement.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 0
},
{
"number": "2",
"title": "2. Definitions.",
"chapter": null,
"content": "(a) \"appointed day\" means the day on which this Act comes into force ;\n(b) \"Board\" means the Assam State Electricity Board ;\n(c) \"company\" means the Bharat Hydro Power Corporation Limited ;\n(d) \"Commission\" means the commission constituted under Section 14 ;\n(e) \"fixed assets\" includes works, spare parts, stores, tools, motor and other vehicles, office equipments and furniture ;\n(f) \"notification\" means the notification published in the Official Gazette ;\n(g) \"project\" means the Karbi Langpi (Lower Barapani) Hydro-Electric Project;\n(h) \"prescribed\" means prescribed by rules made under this Act;\n(i) \"State Government\" means the Government of Assam ;\n(j) \"Schedule\" means the Schedule appended to this Act;\n(k) \"undertaking\" means the Bharat Hydro Power Corporation undertaking owned and managed by the Bharat Hydro Power Corporation Limited;\nChapter II\nAcquisition and Transfer of the Undertaking of the Company",
"footnote": "",
"is_definition": true,
"sort_order": 1
},
{
"number": "3",
"title": "3. Transfer to and vesting in the State Government of the undertaking of the company.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 2
},
{
"number": "4",
"title": "4. General effect of vesting.",
"chapter": null,
"content": "(i) all the fixed assets of the company and all the documents relating to the company ;\n(ii) all the rights, liabilities and obligations of the company under hire purchase agreement, if any, for supply of materials or equipments made before the appointed day ;\n(iii) all the rights, liabilities and obligations of the company entered into bona fide before the appointed day not being a contract relating to borrowing or lending of money or to the employment of staff.",
"footnote": "",
"is_definition": false,
"sort_order": 3
},
{
"number": "5",
"title": "5. State Government not liable for past liabilities.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 4
},
{
"number": "6",
"title": "6. Power of the State Government to direct vesting of the undertaking of the company in the Board.",
"chapter": null,
"content": "Chapter III\nPayment of Amounts",
"footnote": "",
"is_definition": false,
"sort_order": 5
},
{
"number": "7",
"title": "7. Payment of amount.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 6
},
{
"number": "8",
"title": "8. Gross amount payable to the company.",
"chapter": null,
"content": "(a) if the company executed any work in the project (to be qualified) after the date the company took over till vesting on the State Government, the value of such assets to be determined by the Commission to be appointed under this Act less the depreciation calculated in accordance with the Schedule ;\n(b) the book value of all completed works in beneficial use pertaining to the project and taken over by the State Government excluding the value of such work executed prior to handing over to the company less deprecation calculated in accordance with the Schedule ;\n(c) the book value of all work in progress taken over by the State Government between the period of the Company's taking over in April, 1994 till the appointed day ;\n(d) the book value of all stores including spare parts procured by the company for the project taken over by the State Government and in case of used stores and spare parts, it taken over, such sums as may be determined by the Commission;\n(e) the book value of all other fixed assets in use on the appointed day excluding those existing on the date of handing over to the company less depreciation calculated in accordance with the Schedule ;\n(f) the book value of all plants and equipments existing on the appointed day excluding those on the date of handing over to the company, if taken over by the State Government but no longer in use owing to wear and tear or obsolations to the extent such value has not been recorded in the books of accounts of the company less depreciation to be calculated in accordance with the Schedule ;\n(g) any amount paid actually by the company in respect of any contract referred to in clause (iii) of sub-section (1) of Section 4;\n(i) the purchase price by the company for the asset including the cost of delivery and all charges property incurred in erecting and bringing the asset into beneficial use as shown in the books of the company ;\n(ii) the cost of supervision actually incurred during the period from April, 1994 till the appointed day, but not exceeding the ceiling as determined by the Commission constituted for the purpose :\n(iii) when any asset acquired by the Company after the expiry of the period to which the latest annual accounts relates, the book value of the asset shall be such as may be decided upon by the State Government:",
"footnote": "",
"is_definition": false,
"sort_order": 7
},
{
"number": "9",
"title": "9. Effect of transaction not bonafide.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 8
},
{
"number": "10",
"title": "10. Recovery of loss from the Company.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 9
},
{
"number": "11",
"title": "11. Deduction from the gross amount.",
"chapter": null,
"content": "(a) the amount, if any, already paid advance ;\n(b) the amount, if any, specified in Sections 9 and 10 ;\n(c) the amount due, if any, including interest thereon, from the company to the Board, for energy supplied by the Board before the appointed day ;\n(d) the amount and arrears of interest thereon, if any, due from the company to the State Government;\n(e) the amount, if any, equivalent to the loss sustained by the State Government by reason of any property or rights belonging to the company not having been handed over to the State Government, the amount of such loss being deemed to be the amount by which the market value of such property or rights exceeds the amount payable therefor under this Act together with any income which might have been realised by the State Government, if the property or rights had been handed over on the appointed day ;\n(f) the amount of all loans due from the company to any financial institution constituted by or under the authority of the Slate Government or under any Act or covenant binding on the State Government and arrears of interest, if any, thereon ;\n(g) all sums paid by the sundry creditors by way of security deposit and arrears of interest due thereon on the appointed day so far as they have not been paid over by the company to the State Government, less the amount which according to the books of the company are due from the sundry creditors to the company for any transactions by the company before that date ;\n(h) the amount remaining in the dividends control reserve, contingency reserve, development reserve or any other reserve in so far as such amounts have not been paid over by the company to the State Government ;\n(i) the amount, if any, relating to debts, mortgages or obligations as mentioned in proviso to sub-section (2) of Section 4:\n(j) net dues payable by the company on account of pension, gratuity, Employees' State Insurance, Employees Provident Fund and any other statutory dues, incidental to the employment of the persons, which have become payable by the State Government to the statutory authorities after the appointed day on account of non-payment by the company before the appointed day.",
"footnote": "",
"is_definition": false,
"sort_order": 10
},
{
"number": "12",
"title": "12. Payment of net amount.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 11
},
{
"number": "13",
"title": "13. Recovery of excess amount.",
"chapter": null,
"content": "Chapter IV",
"footnote": "",
"is_definition": false,
"sort_order": 12
},
{
"number": "14",
"title": "14. Constitution of Commission.",
"chapter": null,
"content": "(a) the summoning and enforcing the attendance of any witness and examining him on oath ;\n(b) the discovery and production of any document or other material object producible as evidence ;\n(c) the reception of evidence on affidavits ;\n(d) the issuing of any commission for the examination of witness ;\nChapter V\nProvision Relating to Employees of the Company",
"footnote": "",
"is_definition": false,
"sort_order": 13
},
{
"number": "15",
"title": "15. Employment of certain employee to continue.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 14
},
{
"number": "16",
"title": "16. Provident fund and other funds.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 15
},
{
"number": "17",
"title": "17. Inventory of assets.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 16
},
{
"number": "18",
"title": "18. Power of entry.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 17
},
{
"number": "19",
"title": "19. Penalty.",
"chapter": null,
"content": "(a) having in his possession, custody or control any property forming part of the undertaking of the company wrongfully withholds such property from the State Government or the Board, as the case may be ; or\n(b) wrongfully obtains possession of or retains any property forming part of the undertaking of the company which has been vested in the State Government or the Board under this Act; or\n(c) wilfully withholds or fails to furnish to the State Government or Board, as the case may be, any document relating to the undertaking, which is in his possession, custody or control; or\n(d) wilfully fails to furnish to the State Government or the Board, as the case may be, any assets, books of accounts, registers or other documents in his possession, custody or control, relating to the undertaking; or\n(e) wrongfully removes or destroys property forming part of the undertaking or prefers any claim under this Act which he knows or has reason to believe to be false or grossly inadequate ; shall on conviction be punishable with imprisonment for a term which may extend to two years or with fine which may extend to ten thousand rupees or with both.",
"footnote": "",
"is_definition": false,
"sort_order": 18
},
{
"number": "20",
"title": "20. Cognisance of offences with previous sanction only.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 19
},
{
"number": "21",
"title": "21. Offences by companies.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 20
},
{
"number": "22",
"title": "22. Protection of action taken in good faith.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 21
},
{
"number": "23",
"title": "23. Bar of jurisdiction of Court.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 22
},
{
"number": "24",
"title": "24. Effect of other laws.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 23
},
{
"number": "25",
"title": "25. Power to remove difficulties.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 24
},
{
"number": "26",
"title": "26. Arbitration.",
"chapter": null,
"content": "(a) whether any property belonging or any right, liability or obligation attaching to he company vests in the State Government or the Board ;\n(b) whether any assets forms part of the fixed asset of the company ;\n(c) whether any contract or hire purchase agreement or other contract has been entered into bona fide relating to the project.",
"footnote": "",
"is_definition": false,
"sort_order": 25
},
{
"number": "27",
"title": "27. Power to make rules.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 26
},
{
"number": "28",
"title": "28. Repeal and saving.",
"chapter": null,
"content": "Schedule\n[ See Section 8(a)(b)(e)(f)]\nTable\nTable\nDescription of Asset\nNumber of Years of Life Asset\nA.\nLand owned under full title.\nInfinity.\nB.\nLand held under lease\n(a)\nfor investment in the land\nThe period of the lease, or the period remaining unexpired on\n\t\t\t\tthe assignment of the lease, as the case may be.\n(b)\nfor cost of clearing site.\nThe period of the lease remaining unexpired at the date of\n\t\t\t\tclearing the site.\nC.\nAssets purchased new-\n(a)\nPlant and machinery in generating stations, including plant\n\t\t\t\tfoundations-\n(i)\nhydro-electric\nThirty-five\n(ii)\nsteam electric\nTwenty-five\n(iii)\ndiesel-electric\nFifteen\n(b)\nCooling towers and circulating water systems\nThirty.\n(c)\nHydraulic works forming part of a hydro-electric system\n\t\t\t\tincluding-\n(i)\ndams, spillways, wires, canals, reinforced concrete flumes and\n\t\t\t\tsyphons\nOne hundred.\n(ii)\nreinforced concrete pipe-lines an surge tanks, steel pipe\n\t\t\t\tlines, sluice gates, steel surge tanks, hydraulic control valves\n\t\t\t\tand other hydraulic works.\nForty.\n(d)\nBuildings and civil engineering works of permanent character\n\t\t\t\tmentioned above-\n(i)\nOfficers and show-rooms\nFifty.\n(ii)\ncontaining thermo-electric generating plant\nThirty.\n(iii)\ncontaining hydro-electric generating plant,\nThirty-five.\n(iv)\ntemporary erections such as wooden structures\nFive.\n(iva)\nroads other than kacha roads\nOne hundred.\n(v)\nother\nFifty\n(e)\nTransformers, transformer kiosks, sub-section equipment and\n\t\t\t\tother fixed apparatus (including plant foundations)\n(i)\ntransformers (including foundations) having a rating of 100\n\t\t\t\tkilovolt ampers and over\nThirty-five.\n(ii)\nother\nTwenty-five.\n(f)\nswitchgear, including cable connections\nTwenty.\n(i)\nLightening arrestors-\nTwenty\n(ii)\nPole type\nFifteen\n(iii)\nSynchronous condensers.\nThirty-five.\n(g)\nBatteries.\nTen\n(h)(1)\nunderground cables including joint boxes and disconnecting\n\t\t\t\tboxes\nForty\n(2)\ncable duct system\nSixty\n(i)\nOverhead liens including support.\n(i)\nlines on fabricated steel supports operating at nominal\n\t\t\t\tvoltages higher than 66 kilo-volts\nThirty-five\n(ii)\nlines on steel supports operating at nominal voltages higher\n\t\t\t\tthan 13.2 kilovolts but not exceeding 66 kilovolts\nTwenty-five\n(iv)\nlines on treated wood supports\nTwenty\n(j)\nMeters\nFifteen\n(k)\nSelf-propelled vehicles\nSeven\n(l)\nStatic machine tools\nTwenty\n(m)\nair conditioning plant\n(i)\nState\nFifteen\n(ii)\nPortable\nSeven\n(n)(i)\nOffice furniture and fittings\nTwenty\n(ii)\noffice equipment\nTen\n(iii)\nInternal wiring, including fitting and apparatus\nFifteen\n(iv)\nStreet-lights\nFifteen\n(o)\nApparatus let on hire-\n(i)\nother than motors\nSeven\n(ii)\nmotors\nTwenty\n(p)\nCommunications equipment-\n(i)\nradio and high frequency carrier system\nFifteen\n(ii)\ntelephone liens and telephone\nTwenty\nD.\nAssets purchased secondhand and assets not otherwise provided\n\t\t\t\tfor in this table.\nSuch reasonable period as the Commission determines in each\n\t\t\t\tcase having regard to there nature, age and condition of the\n\t\t\t\tasset at the time of its acquisition by the licensee.",
"footnote": "",
"is_definition": false,
"sort_order": 27
}
],
"metadata": {
"Act ID": "Last Updated 10th February, 2020 [ass067]",
"Act Number": "(Assam Act No. 1 of 1997)",
"Enactment Date": "",
"Act Year": "1996",
"Short Title": "The Bharat Hydro Power Corporation Limited (Acquisition and Transfer of Undertaking) Act, 1996",
"Type": "STATE",
"Location": "Assam"
},
"updated_at": "2026-09-29 21:55:18"
}