Act Info:
| BOMBAY GAS SUPPLY ACT, 1939 |
| BOMBAY GAS SUPPLY ACT, 1939 9 of 1939 17th May, 1939 An Act to provide for the regulation of the supply of gas including the prices therefor in the Province of Bombay WHEREAS it is expedient to provide for the regulation of the supply of gas including the prices therefor in the Province of Bombay and for certain other matters; It is hereby enacted as follows: SECTION 01: SHORT TITLE, EXTENT AND COMMENCEMENT (1) This Act may be called the Bombay Gas Supply Act, 1939. 3[(2) It extends to the whole of the State of Bombay.] (3) It shall come into force on such date as the 4[State] Government may by notification in the Official Gazette 5 [appoint in respect to the pre- Reorganisation 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, it shall come into force on such other date as that Government may, by notification, published in like manner appoint]. SECTION 02: 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, or any other person 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 person ; (2) "consumer" means any person who is supplied with gas by the company; (3) "prescribed" means prescribed by rules made under this Act; 6[(4) "Inspector" means the Gas Inspector appointed by the State Government under section 7-0 ; 6[(5) "calorific value" means the number of British thermal units (gross) produced by the combustion of one cubic foot of gas measures 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 to gas supplied by any particular company or class of companies specified in the direction, saturated with water vapour.] SECTION 03: COMPANY TO PREPARE AND RENDER ACCOUNTS ANNUALLY (1) The company shall prepare and render to the7[State] Government or to such officer as the7[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 period, made up to such date, in such form and containing such particulars, as may be 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. SECTION 04: AUDIT OF ACCOUNTS (1) The7[State] Government may direct that the statement of accounts of the undertaking shall, before being rendered under section 3, be examined and audited by such person as the7[State] Government may appoint or approve in this behalf. (2) The remuneration of the auditor shall be such as the7[State] Government may direct and his remuneration and all expenses incurred by him in or about the execution of this duties, to such an amount as the7[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 7[State] Government may direct. (5) If the company fails to pay the amount to the auditor's remuneration and the expenses incurred within the time fixed by the7 [State] Government in this behalf, the same may be recovered from it as an arrear of land revenue. SECTION 05: ADVISORY COMMITTEE (1) The8[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) The8[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. SECTION 06: RULES TO PRESCRIBE LIMITS OF PRICES The8[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 class of consumers, in the whole9 [of the State of Bombay] or in any specified area. SECTION 07: 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 of gas to him in excess of the limit prescribed in this behalf by rules made under section 6. SECTION 07A: PRESSURE ETC 10at which gas to be suplied. The gas supplied by the company to the consumers shall, except for any cause beyond its control be of such standard of calorific value, 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 standards so specified may vary from time to time and may be different for different localities or areas. SECTION 07B: FACILITIES FOR INSPECTION AND TESTING 10The company shall at all times afford all facilities 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 section "works" includes any buildings, machinery or apparatus required to supply gas. SECTION 07C: COMPANY TO MAINTAIN EQUIPMENTS 10The 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 this assistants. SECTION 07D: COMPLAINT FOR FAILURE TO SUPPLY GAS AT NORMAL PRESSURE ETC 11(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 of 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 desires, 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. SECTION 07E: CONSENT OF COMPANY REQUIRED FOR ADDITIONS TO INSTALLATION BY CONSUMERS 11No consumer shall at any time make additions to his installation without the knowledge and consent of the company. SECTION 07F: COMPANY TO SUPPLY METERS 11The company shall provide and maintain a correct meter for every consumer for measuring the gas supplied to him. SECTION 07G: NEW CONNECTIONS TO BE IN ACCORDANCE WITH 11The 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. SECTION 07H: COMPLAINT FOR INCORRECT METER 11(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. SECTION 07I: DISPUTES TO BE REFERRED TO INSPECTOR 12(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 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. SECTION 07J: RECOVERY OF CHARGES AND RENTS DUE TO COMPANY 12(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 for hire by the company, the company may after giving not less than seven clear days' 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 by 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 under 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 reconnection charges, if any, as may be prescribed. SECTION 07K: FEES FOR SERVICE OF INSPECTOR 12(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 fee shall be paid to the Inspector by such party as the Inspector may decide. (3) The fee paid under sub-section (2) shall be credited to the State Government. SECTION 07L: FAILURE TO PAY INSPECTOR'S FEES BY CONSUMER 13Where 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 gas 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. SECTION 07M: LIST OF CONSUMERS 13The 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. SECTION 07N: DIRECTIONS BY INSPECTOR TO CONSUMERS 13(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 : 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. SECTION 07O: APPOINTMENT OF INSPECTOR 13The State Government may by notification 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 may direct. The qualification required for appointment as the Inspector shall be such as may be prescribed. SECTION 07P: APPEAL AGAINST DECISION OF INSPECTOR 13(1) An appeal shall lie from the decision of the Inspector under this Act as the State Government or such 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. BOMBAY GAS SUPPLY RULES, 1940 In exercise of the powers conferred by Section 11 of the Bombay Gas Supply Act, 1939 (Bom. IX of 1939), the Government of Bombay is pleased to make the following rules : RULE 01: SHORT TITLE These rules may be called the Bombay Gas Supply Rules, 1940. RULE 02: DEFINITIONS In these rules unless there is anything repugnant in the subject or context:" (1) "Form" means a form appended to these rules; (2) "Government" means the Government of Bombay; (3) words and expressions used in the Act and not defined in these rules shall have the meanings assigned to them in the Act. RULE 03: PREPARATION AND RENDERING OF ACCOUNTS (1) The Company shall each year prepare a statement of accounts of its undertaking, for a period of 12 months, made up to the thirty- first day of December, or up to the thirty-first day of March or up to such other date as Government may from time to time fix in this behalf. (2) The Company shall render to such officer as Government may appoint in this behalf such statement within six months from the date up to which it is made: Provided that Government may, if it is satisfied that there is sufficient reason for so doing, extend the same for rendering the same. (3) The Company shall, if Government so directs, render such statements in duplicate. RULE 04: FORM OF ACCOUNTS The statement of accounts rendered under Rule 3, shall so far as practicable be made up in the forms appended to these rules or in such other forms as Government may by a special or general order direct. The accounts may at the option of the Company be made up either in Indian or in British Sterling currency. RULE 05: MAXIMUM PRICE AT WHICH COPIES OF STATEMENTS OF ACCOUNTS TO BE SOLD The maximum price at which copies of statements of accounts shall be sold by the Company shall be rupees five per copy. RULE 06: TESTING CHARGES The maximum amount of the testing charge to be paid to the Company under sub-section (2) of Section 7-D shall be Rs. 5 and under subsection (2) of Section 7-H shall be Rs. 10. RULE 07: APPLICATIONS FOR NEW CONNECTIONS (1) On receipt of an application for new connection, the Company shall forward it together with its remarks, if any, to the Secretary to the Government of Bombay in the Development Department and shall not grant any new connection applied for unless it is sanctioned by the State Government: (2) The Company shall maintain a register in which it shall record the receipts of all applications for new connections in the order in which they are received. The Company shall also maintain a register showing the manner of disposal of such applications. (3) The register maintained under sub-rule (2) shall be kept open for inspection by the Inspector or any other officer appointed by the State Government in this behalf. RULE 08: APPLICATION UNDER SECTION 7-1 AND FEES TO BE CHARGED THEREFOR (1) An application under Section 7-1 shall be made in Form XII. (2) The fees to be charged for such application shall be as follows:" (a) for an application regarding disputes as to the quantity of gas consumed-Rs. 15. (b) for an application with regard to dispute about amounts of charges levied by the Company for testing calorific value, pressure, purity or for testing meters - Rs. 15. RULE 09: INSPECTOR'S FEES The fees for the services of the Inspector under Section 7-K shall be Rs. 15. RULE 10: RECONNECTION CHARGES The reconnection charges to be paid to the Company under Sections 7-J, 7-L or 7-N shall be Rs. 5. RULE 11: FIXING, MAINTAINING ETC., OF INSTALLATION, METERS AND OTHER FITTINGS UP TO THE METER (1) The Company shall be responsible for fixing and maintaining the installations, meters and other fittings upto the meter and for getting them periodically inspected by its authorised representatives. (2) Any defects noticed in the installations, meters or fittings up to the meter during such periodical inspections shall be remedied within 24 hours by the Company for prevention of loss due to damage to property at all times. In the event of a report of leakage of gas at the consumer's premises, the Company shall take prompt measures by sending a duly authorised representative to inspect the installation at the consumer's premises and remedy the defect thereto with the least possible delay. (3) The Inspector, or any of his duly authorised assistants, shall carry out periodical inspections of measuring and recording instruments and where defects are noticed he shall bring the defects to the notice of the Company by serving it with a notice in Form XIII. (4) The Company shall, within 48 hours of the receipt of such notice, correct the defects pointed out by the Inspector or his authorised assistants except those which are beyond its control. Where such defects cannot be rectified due to causes beyond the Company's control, recording or measuring instruments shall be removed from the installation and put out of use until the defects are rectified to the satisfaction of Inspector or his assistants. RULE 12: QUALIFICATION OF INSPECTOR For appointment to the post of Inspector, a candidate must possess a degree in Mathematical Engineering, Chemistry or Chemical Engineering of a recognised University or any other equivalent qualifications. BOMBAY GAS (FIXATION OF PRICE LIMIT) RULES, 1967 29th August, 1967 In exercise of the powers conferred by Section 6 of the Bombay Gas Supply Act, 1939 (Bom. IX of 1939), and of all other powers enabling it in that behalf in accordance with the recommendations of the Advisory Committee constituted under Government Resolution, Industries and Labour Department, No. GCS. 1066/49888-elec. II, dated the 6th September, 1966 and in supersession of all rules issued in this behalf, the Government of Maharashtra hereby makes the following rules, the same having been previously published as required by sub-section (3) of Section 11 of the said Act, name ly RULE 01: SHORT TITLE AND COMMENCEMENT (1) These rules may be called the Bombay Gas (Fixation of price Limit) Rules, 1967. (2) They shall come into force on 1st day of September, 1967. RULE 02: DEFINITIONS In these rules (a) "accounting year" means the period of twelve months for which the Company each year prepares a statement of accounts of its undertaking and renders it to an officer' under Rule 3 of the Bombay Gas Supply Rules, 1940 ; (b) "Act" means the Bombay Gas Supply Act, 1939 (Bom. IX of 1939); (c) "expenses of the Company" means the expenses incurred by the Company during any accounting year on account of payment of wages of salaries of workmen of the Company including payments made on account of any allowances, provident fund, pension or any payment made to or for the benefit of, its employees under any enactment for the time being in force; (d) "workmen" means workmen within the meaning of the , Industrial Disputes Act, 1947 ( 14 of 1947). RULE 03: PRESCRIBING MAXIMUM PRICE AT WHICH GAS MAY BE SOLD BY THE COMPANY IN GREATER BOMBAY (1) Subject to the provisions of this rule and Rule 4, the price which the Company may charge for the supply of gas to any consumer or class of consumers in Greater Bombay shall not exceed Rs. 6-84 (six rupees and eighty-four paise only) per unit of one thousand cubic feet of gas so supplied. (2) The price prescribed by sub-rule (1) shall be subject to variation in the events specified hereunder, namely (a) if the cost of production of gas is increased or decreased due to rise or fall in the price of coal or oil (either on account of cost or freight), then (i) for every increase or decrease of sixteen paise per tonne in the price of coal, there shall be an addition to, or deduction from, the rate prescribed as aforesaid of one paisa for a unit for one thousand cubic feet of gas so supplied; (ii) for every increase or decrease of ten rupees per kilolitre in the price of oil there shall be an addition to, or deduction from the rate prescribed as aforesaid of one paisa for a unit of one thousand cubic feet of gas so supplied; (b) if the expenses of the Company are increased and decreased, then for every increase or decrease of fifty thousand rupees in such expenses, there shall be an addition to, or deduction from, the rate prescribed as aforesaid of one paise for a unit of one thousand cubic feet of gas supplied as aforesaid. RULE 04: INCREASE OR DECREASE IN RATES TO BE MADE ONLY ON CERTIFICATE OF AUDITOR The price prescribed by Rule 3 shall not be increased or decreased as aforesaid, unless an auditor appointed under Section 4 of the Act has certified that the cost of production or the expenses of the Company during any accounting year have, when compared, with the cost or expenses during the accounting year immediately preceding, increased or decreased by an amount specified in the certificate: and the total increase or decrease in the cost or expenses or both in any accounting year as so certified is not less than five paise per one thousand cubic feet of gas supplied as aforesaid. Explanation " For the purposes of this rule, the cost of production or expenses means the cost of production or expenses as certified by the auditor aforesaid to be true and correct. |
| Maharashtra State Acts |