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The Bihar Electricity Supply Undertakings (Acquisition) Act, 1979
The Bihar Electricity Supply Undertakings (Acquisition) Act, 1979
Sections
1. Short title, extent and commencement.
Section 12. Definitions.
Section 23. Application.
Section 34. Vesting date.
Section 45. Transfer of undertakings.
Section 56. Gross amount payable to licensee.
Section 67. Vesting of undertakings.
Section 78. Effect of transactions not bona fide.
Section 89. Deduction from the gross amount.
Section 910. Manner of payment of net amount.
Section 1011. Provision regarding existing staff.
Section 1112. Inventory of assets and information.
Section 1213. Power of entry.
Section 1314. Penalties.
Section 1415. Offences by Corporation.
Section 1516. Protection of Action.
Section 1617. Bar to jurisdiction of Cour.
Section 1718. Effect of other laws.
Section 1819. Power to remove difficulties.
Section 1920. Arbitration.
Section 2021. Power to make Rules.
Section 2122. Repeal and Saving.
Section 22
the-bihar-electricity-supply-undertakings-acquisition-act-1979.json
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22 Sections
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Bihar
{
"id": 15780,
"slug": "the-bihar-electricity-supply-undertakings-acquisition-act-1979",
"title": "The Bihar Electricity Supply Undertakings (Acquisition) Act, 1979",
"short_title": "The Bihar Electricity Supply Undertakings (Acquisition) Act, 1979",
"act_number": "Act 5 of 1979",
"act_year": 1979,
"act_type": "STATE",
"location": "Bihar",
"law_status": "unknown",
"enactment_date": null,
"description": "The Bihar Electricity Supply Undertakings (Acquisition) Act, 1979",
"preamble": "",
"section_label": "Section",
"sections": [
{
"number": "1",
"title": "1. Short title, extent and commencement.",
"chapter": null,
"content": "",
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{
"number": "2",
"title": "2. Definitions.",
"chapter": null,
"content": "(a) 'Annual Account' means the statutory account of the undertakings rendered to the Government annually under and in accordance with the Electricity Act;\n(b) 'Board' means the Bihar State Electricity Board constituted under Section 5 of the Electricity (Supply) Act, 1948;\n(c) 'Document' in relation to an undertaking includes its books, accounts, registers, maps and plans;\n(d) 'Electricity Act' means the Indian Electricity Act, 1910 (Act, IX of 1910);\n(e) \"Electricity Supply Act' means the Electricity (Supply) Act, 1948 (Act LVI of 1948) ;\n(f) \"Fixed assets includes works, spare, parts, stores, tools, meters and other vehicles, office equipments and furniture ;\n(g) 'State Government' means the Government of the State of Bihar;\n(h) 'Lincensee' means the person or Company granted licence under Part II of the Indian Electricity Act, 1910 and shall include the following, namely:-\n(1) Ranchi Electric Supply Co. Ltd., Ranchi.\n(2) Muzaffarpur Electric Supply Co. Ltd., Muzaffarpur;\n(3) Darbhanga, Laheriasarai Electric Supply Corporation Ltd., Darbhanga;\n(4) Bhagalpur Electric Supply Co. Ltd., Bhagalpur;\n(5) Chaibasa Electric Supply Co. Ltd., Chaibasa;\n(6) Jugsalai Electric Supply Co. Ltd., Jugsalai;\n(7) Chirkunda Electric Supply Co. Ltd., Chirkunda ;\n(8) Sijua (Jharia) Electric Supply Co. Ltd., Dhanbad ;\n(9) Dishergarh Power Supply Co. Ltd., Dishergarh;\n(i) 'Prescribed' means prescribed by Rules under this Act;\n(j) 'Undertaking' means the different Electricity Supply undertakings owned and managed by the licensee referred to in clause (h);\n(k) 'Works' includes electric supply lines, sub-station, generation stations unless expressly excluded being taken over under the terms of the licence and also includes the land, buildings, machinery apparatus required to supply energy by the licensee ;\n(l) Words and expressions used in this Act which are not defined herein shall have the same meanings as are respectively assigned to them in the Electricity Act or the Rules framed thereunder,",
"footnote": "",
"is_definition": true,
"sort_order": 1
},
{
"number": "3",
"title": "3. Application.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 2
},
{
"number": "4",
"title": "4. Vesting date.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 3
},
{
"number": "5",
"title": "5. Transfer of undertakings.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 4
},
{
"number": "6",
"title": "6. Gross amount payable to licensee.",
"chapter": null,
"content": "(i) the book value of all completed works in beneficial use pertaining to the undertaking and taken over by the State Government or the Board, as the case may be (excluding works paid for by the consumers) less depreciation calculated in accordance with Schedule I to this Act;\n(ii) the book value of all works in progress taken over by the State Government or the Board as the case may be, excluding works paid for by the consumers or prospective consumers ;\n(iii) the book value of all stores not in use including spare parts taken over by the State Government or the Board, as the case may be, and in the case of used stores and spare parts, if taken over, such sum as may be decided upon by the State Government or the Board as the case may be;\n(iv) the book value of all other fixed assets in use on the date of vesting and taken over by the State Government or the Board as the case may be, less depreciation calculated in accordance with Schedule I to this Act;\n(v) the amounts due to the licensee from the consumers for the energy supplied by him up to the date of vesting.\n(vi) the amount due from consumers in respect of every hire purchase agreement referred to in clause (ii) of sub-section (1) of Section 7 less a sum which bears to the difference between the total amount of the instalments and the original cost of the material or equipment, the same proportion as the amount due bears to the total amount of the instalments;\n(vii) any amount paid actually by the licensee in respect of every contract referred to in clause (ii) of sub-section (1) of Section 7.\n(a) the cost incurred by the licensee for the assets including the cost of equipment or materials, cost of delivery, labour and other incidental charges properly incurred in erecting and bringing the assets into beneficial use as certified by the Special Officer appointed by the State Government or the Board as the case may be under Section 10, the book value of the fixed assets of the licensee put into beneficial use on or before 31st March, 1958, as shown in the books of the undertaking shall be taken as the book value of the fixed assets of the licensee up to that date ;the cost of fixed assets of the licensee put into beneficial use or in the process of being put into beneficial use during the period commencing from the 1st April, 1958 upto the date of vesting, shall be determined on the basis of the cost of similar assets incurred by the Board during each corresponding financial year of the cost of the fixed assets brought into beneficial use as shown in the books of the undertaking, whichever is less ;\n(b) the cost of supervision actually incurred but not exceeding fifteen per cent of the cost of labour referred to in clause (a) of the Explanation:",
"footnote": "",
"is_definition": false,
"sort_order": 5
},
{
"number": "7",
"title": "7. Vesting of undertakings.",
"chapter": null,
"content": "(i) all the fixed assets of the licensee and all the documents relating to the undertaking;\n(ii) all the rights, liabilities and obligations of the licensee under hire-purchase agreements, if any, for the supply of materials, or equipments made bona fide before the vesting date ;\n(iii) all the rights, liabilities, obligations of the licensee under any other contract entered into bona fide before the vesting date, not being a contract relation to the borrowing or lending of money of to the employment of staff.",
"footnote": "",
"is_definition": false,
"sort_order": 6
},
{
"number": "8",
"title": "8. Effect of transactions not bona fide.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 7
},
{
"number": "9",
"title": "9. Deduction from the gross amount.",
"chapter": null,
"content": "(a) the amount if any, already paid in advance ;\n(b) the amount, if any mentioned in Section 8 ;\n(c) the amount due, if any,including interest thereon, from the licensee to the Board, for energy supplied by the Board before the vesting date ;\n(d) all amounts and arrears of interest, if any, thereon, due from the licensee to the State Government;\n(e) the amount, if any, equivalent to the loss sustained by the State Government or the Board as the case may be,by reason of any property or rights belonging to the undertaking not having been handed over to the State Government, or the Board, as the case may be, the amount of such loss being deemed to be the amount which might have been realised by the State Government or the Board, as the case may be, if the property or rights had been handed over on the vesting date;\n(f) the amount of all loans due from licensee to any financial institutions, constituted by or under the authority of the State Government and arrears of interest, if any, thereon ;\n(g) all sums paid by consumers by way of security deposit and arrears of interest due thereon on the vesting date:\n(h) all advances from consumers and prospective consumers and all sums which have been or ought to be set aside to the credit of the consumers fund;\n(i) the amounts remaining in Tariffs and Dividend Central Reserve, Contingencies Reserve and the Development Reserve ;\n(j) the amount, if any, as specified in sub-sections (2) and (3) of Section 11;\n(k) the amount, if any, relating to debts, mortgages or obligations, as mentioned in the proviso to sub-section (2) of Section 7 ;\n(l) in respect of either the employer's or the employees' contribution realised by the employer under the Employees' Provident Fund Act, 1952, or the Employees' State Insurance Act, 1948 in respect of persons employed in connection with the specified undertakings immediately before the date of vesting that the employers may have failed to pay in accordance with the respective Acts ;\n(m) all wages or salary, bonus or any other payments of any employee in respect of service rendered to the licensee and any compensation payable to any worker under any provisions of chapter V-A of the Industrial Disputes Act, 1947;\n(n) all sums due to any employee in respect of provident fund, pension fund or gratuity fund or any other fund established for the welfare of the employees of the licensee ;\n(o) all sums due in respect of any compensation or liability under the Workmen's Compensation Act, 1923, in respect of the death or disablement of any employee unless such licensee, has, under such contract with the insurer as mentioned in Section 15 of the said Act, rights capable of being transferred and vested in the workmen :",
"footnote": "",
"is_definition": false,
"sort_order": 8
},
{
"number": "10",
"title": "10. Manner of payment of net amount.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 9
},
{
"number": "11",
"title": "11. Provision regarding existing staff.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 10
},
{
"number": "12",
"title": "12. Inventory of assets and information.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 11
},
{
"number": "13",
"title": "13. Power of entry.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 12
},
{
"number": "14",
"title": "14. Penalties.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 13
},
{
"number": "15",
"title": "15. Offences by Corporation.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 14
},
{
"number": "16",
"title": "16. Protection of Action.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 15
},
{
"number": "17",
"title": "17. Bar to jurisdiction of Cour.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 16
},
{
"number": "18",
"title": "18. Effect of other laws.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 17
},
{
"number": "19",
"title": "19. Power to remove difficulties.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 18
},
{
"number": "20",
"title": "20. Arbitration.",
"chapter": null,
"content": "(a) whether any property belonging, or any right, liability or obligation attaching to the undertaking vesting the State Government or the Board;\n(b) whether any fixed assets forms part of the undertaking;\n(c) whether any contract or hire-purchase agreement or other contract referred to in clauses (ii) and (iii) of sub-section (i) of Section 7 has been entered into bona fide or not;\n(d) whether any agreement to supply electricity entered into by the licensee prior to the vesting date is of the nature referred to in the proviso to sub-section (3) of Section 7 ;\n(e) whether the gross amount payable to the licensee under Section 6 and the deduction from the gross amount, under Section 9 or the net amount payable under Section 10 has been correctly arrived at in accordance with the provisions of the Act.",
"footnote": "",
"is_definition": false,
"sort_order": 19
},
{
"number": "21",
"title": "21. Power to make Rules.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 20
},
{
"number": "22",
"title": "22. Repeal and Saving.",
"chapter": null,
"content": "Schedule I\n[See Section 6 (1)]\nTable\nTable\nDescription of asset\nDescription of asset\nNumber of years of life of asset\nNumber of years of life of asset\nA. Land owned under full title\nInfinity.\nB. Land held under lease-\n(a) for investment in the land\nThe period of the leases or the period remaining unexpired on\n\t\t\t\tthe assignment of the lease.\n(b) for cost of clearing site\nThe period of the lease remaining unexpired at the date of\n\t\t\t\tclearing the site.\n(c) Assets purchased new-\n(a) Plant and machinery in\n\t\t\t\tgenerating including plant inundations-\n(i) Hydel electric\nThirty-five\n(ii) Steam electric\nTwenty-five\n(iii) Diesel electric\nFifteen\n(b) Cooling Towers and circulating\n\t\t\t\twater systems.\nThirty\n(c) Hydraulic works forming part\n\t\t\t\tof a hydro-electric system including-\n(i) dams, spillways, weirs canals,\n\t\t\t\treinforced concretes, flumes and syphons.\nOne hundred\n(ii) reinforced concrete pipelines\n\t\t\t\tand surage tanks, steel pipelines, sluice gates, steel surge\n\t\t\t\ttanks, hydraulic control valves and other hydraulic works;\nForty\n(d) Buildings and Civil\n\t\t\t\tEngineering of a permanent character, not mentioned below:-\n(i) Offices and show rooms\nFifty\n(ii) containing thermo-electric\n\t\t\t\tgenerating plant;\nThirty\n(iii) containing hydro-electric\n\t\t\t\tgenerating plant;\nThirty-five\n(iv) temporary erections such as\n\t\t\t\twooden structures;\nFive\n(v) road other than katcha roads\nOne hundred\n(vi) others\nFifty\n(e) Transformers, transformer\n\t\t\t\tkisk, sub-station equipment and other fined apparatus including\n\t\t\t\tplant foundations-\n(i) transformers including\n\t\t\t\tfoundations having a rating of 100 kilovolt amperes and over.\nThirty-five\n(ii) others\nTwenty-five\n(f) Switch gear, including cable\n\t\t\t\tconnections;\nTwenty\n(ff) Lightning arresters-\n(i) Station type\nTwenty\n(ii) Pole type\nFifteen\n(iii) Synchronous condensers\nThirty-five\n(g) Batteries\nTen\n(h) (i) Underground cables\n\t\t\t\tincluding joint boxes and disconnecting boxes ;\nForty\n(ii) Cable dust system\nSixty\n(i) Overhead lines including\n\t\t\t\tsupport-\n(i) lines on fabricated steel\n\t\t\t\tsupports operating at nominal voltages higher than 66 kilovolts;\nThirty-five\n(ii) lines on steel supports\n\t\t\t\toperating at nominal voltages higher than 13.2 kilovolts but not\n\t\t\t\texceeding 66 kilovolts;\nThirty\n(iii) lines on steel or reinforced\n\t\t\t\ttwenty five concrete supports;\n(iv) lines on treated wood support\nTwenty\n(j) Meters\nFifteen\n(k) Self-propelled vehicles\nSeven\n(l) Static machine tools\nTwenty\n(m) Air-conditioning plant-\n(i) Static\nFifteen\n(ii) Portable\nSeven\n(n) (i) Office furniture and\n\t\t\t\tfittings\nTwenty\n(ii) Office equipment\nTen\n(iii) Internal wiring, including\n\t\t\t\tfittings and apparatus;\nFifteen\n(iv) Street-light fittings\nFifteen\n(o) Apparatus let on hire-\n(i) other than meters\nSeven\n(ii) Meters\nTwenty\n(p) Communications equipment-\n(i) radio and high frequency\n\t\t\t\tcarrier system\nFifteen\n(ii) Telephone lines and telephone\nTwenty\n(q) Assets purchased second hand\n\t\t\t\tand assets not otherwise provided for in this Table.\nSuch reasonable period as State Government determines in each\n\t\t\t\tcase having regard to the nature, age and condition of the asset\n\t\t\t\tat the lime of its acquisition by the owner.",
"footnote": "",
"is_definition": false,
"sort_order": 21
}
],
"metadata": {
"Act ID": "bh203",
"Act Number": "Act 5 of 1979",
"Enactment Date": "",
"Act Year": "1979",
"Short Title": "The Bihar Electricity Supply Undertakings (Acquisition) Act, 1979",
"Type": "STATE",
"Location": "Bihar"
},
"updated_at": "2026-09-29 21:55:19"
}