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Start Free TrialElectricity Act, 2003 Part XII
Title: Investigation and Enforcement
State: Central
Year: 2003
.....that connection and all other matters incidental thereto as are, in its opinion, necessary to enable the Investigating Authority to discharge satisfactorily its functions under this section. Explanation : For the purposes of this section, the expression "licensee or the generating company" shall include in the case of a licensee incorporated in India-- (a) all its subsidiaries formed for the purpose of carrying on the business of generation or transmission or distribution or trading of electricity exclusively outside India; and (b) all its branches whether situated in India or outside India. (9) All expenses of, and incidental to, any investigation made under this section shall be defrayed by the licensee or the generating company, as the case may be, and shall have priority over the debts due from the licensee or the generating company and shall be recoverable as an arrear of land revenue. Section 129 - Orders for securing compliance (1) Where the Appropriate Commission, on the basis of material in its possession, is satisfied that a licensee is contravening, or is likely to contravene, any of the conditions mentioned in his licence or the licensee or conditions.....
View Complete Act List Judgments citing this sectionElectricity Act, 2003 Section 126
Title: Assessment
State: Central
Year: 2003
.....the person in occupation or possession or in charge of the place or premises in such manner as may be prescribed. 1[(3) The person, on whom an order has been served under sub-section (2), shall be entitled to file objections, if any, against the provisional assessment before the assessing officer, who shall, after affording a reasonable opportunity of hearing to such person, pass a final order of assessment within thirty days from the date of service of such order of provisional assessment, of the electricity charges payable by such person.] (4) 2[***] 3[(5) If the assessing officer reaches to the conclusion that unauthorised use of electricity has taken place, the assessment shall be made for the entire period during which such unauthorised use of electricity has taken place and if, however, the period during which such unauthorised use of electricity has taken place cannot be ascertained, such period shall be limited to a period of twelve months immediately preceding the date of inspection.] (6) The assessment under this section shall be made at a rate equal to 4[twice] the tariff applicable for the relevant category of services specified in sub-section (5). .....
View Complete Act List Judgments citing this sectionElectricity Act, 2003 Section 17
Title: Licensee Not to Do Certain Things
State: Central
Year: 2003
(1) No licensee shall, without prior approval of the Appropriate Commission,-- (a) undertake any transaction to acquire by purchase or takeover or otherwise, the utility of any other licensee; or (b) merge his utility with the utility of any other licensee: PROVIDED that nothing contained in this sub-section shall apply if the utility of the licensee is situate in a State other than the State in which the utility referred to in clause (a) or clause (b) is situate. (2) Every licensee shall, before obtaining the approval under sub-section (1), give not less than one month's notice to every other licensee who transmits or distributes, electricity in the area of such licensee who applies for such approval. (3) No licensee shall at any time assign his licence or transfer his utility, or any part thereof, by sale, lease, exchange or otherwise without the prior approval of the Appropriate Commission. (4) Any agreement relating to any transaction specified in sub-section (1) or sub-section (3), unless made with, the prior approval of the Appropriate Commission, shall be void.
View Complete Act List Judgments citing this sectionFinance Act, 2003 Section 3
Title: Amendment of Section 2
State: Central
Year: 2003
.....after sub-clause (g), the following sub-clauses shall be inserted with effect from the 1st day of April, 2004, namely:-- "(h) in the case of a capital asset, being trading or clearing rights of a recognised stock exchange in India acquired by a person pursuant to demutualisation or corporatisation of the recognised stock exchange in India as referred to in clause (xiii) of section 47, there shall be included the period for which the person was a member of the recognised stock exchange in India immediately prior to such demutualisation or corporatisation; (ha) in the case of a capital asset, being equity share or shares in a company allotted pursuant to demutualisation or corporatisation of a recognised stock exchange in India as referred to in clause (xiii) of section 47, there shall be included the period for which the person was a member of the recognised stock exchange in India immediately prior to such demutualisation or corporatisation;".
View Complete Act List Judgments citing this sectionFinance Act, 2003 Schedule IV
Title: The Fourth Schedule
State: Central
Year: 2003
1[Omitted] _______________________________ 1 Omitted by the Finance Act, 2005 w.e.f 13.05.2005. Prior to its omission, the Fourth Schedule read as under: THE FOURTH SCHEDULE [See sections 128(1) and 157(1)] Item No. Description of goods Rate of duty (1) (2) (3) 1 Tea and tea waste Rupee one per kg. 1Omitted by the Finance Act, 2005 w.e.f 13.05.2005. Prior to its omission, the Fourth Schedule read as under: THE FOURTH SCHEDULE [See sections 128(1) and 157(1)] D Item No. Description of goods Rate of duty (1) (2) (3) 1 Tea and tea waste Rupee one per kg.
View Complete Act List Judgments citing this sectionElectricity Act, 2003 Part VI
Title: Distribution of Electricity
State: Central
Year: 2003
.....place,-- (i) in which one hundred or more persons are ordinarily likely to be assembled; or (ii) which is a factory within the meaning of the Factories Act, 1948 (63 of 1948) or a mine within the meaning of the Mines Act, 1952 (35 of 1952); or (iii) to which the State Government, by general or special order, declares the provisions of this sub-section to apply, without giving, before the commencement of transmission or use of electricity, not less than seven days' notice in writing of his intention to the Electrical Inspector and to the District Magistrate or the Commissioner of Police, as the case may be, containing particulars of the electrical installation and plant, if any, the nature and the purpose of supply and complying with such of the provisions of Part XVII of this Act, as may be applicable: PROVIDED that nothing in this section shall apply to electricity used for the public carriage of passengers, animals or goods, on, or for the lighting or ventilation of the rolling stock of any railway or tramway subject to the provisions of the Railways Act, 1989 (24 of 1989). (2) Where any difference or dispute arises as to whether a place is or is not one in which.....
View Complete Act List Judgments citing this sectionFinance Act, 2003 Chapter IV
Title: Indirect Taxes
State: Central
Year: 2003
.....after clause (c), the following clause shall be inserted, namely:-- "(d) applicability of notifications issued in respect of duties under this Act, the Customs Tariff Act, 1975(51 of 1975) and any duty chargeable under any other law for the time being in force in the same manner as duty of customs leviable under this Act.". Section 112 - Amendment of section 30 In section 30 of the Customs Act, for sub-section (1), the following sub-section shall be substituted, namely:- "(1) The person-in-charge of-- (i) a vessel; or (ii) an aircraft; or (iii) a vehicle, carrying imported goods or any other person as may be specified by the Central Government, by notification in the Official Gazette, in this behalf shall, in the case of a vessel or an aircraft, deliver to the proper officer an import manifest prior to the arrival of the vessel or the aircraft, as the case may be, and in the case of a vehicle, an import report within twelve hours after its arrival in the customs station, in the prescribed form and if the import manifest or the import report or any part thereof, is not delivered to the proper officer within the time specified in this sub-section and if the.....
View Complete Act List Judgments citing this sectionElectricity Act, 2003 Part IV
Title: Licensing
State: Central
Year: 2003
.....thereunder; or (b) reject the application for reasons to be recorded in writing if such application does not conform to the provisions of this Act or the rules and regulations made thereunder or the provisions of any other law for the time being in force: PROVIDED that no application shall be rejected unless the applicant has been given an opportunity of being heard. (7) The Appropriate Commission shall, immediately after issue of a licence, forward a copy of the licence to the Appropriate Government, Authority, local authority, and to such other person as the Appropriate Commission considers necessary. (8) A licence shall continue to be in force for a period of twenty-five years unless such licence is revoked. Section 16 - Conditions of licence The Appropriate Commission may specify any general or specific conditions which shall apply either to a licensee or class of licensees and such conditions shall be deemed to be conditions of such licence: PROVIDED that the Appropriate Commission shall, within one year from the appointed date, specify any general or specific conditions of licence applicable to the licensees referred to in the first, second, third, fourth.....
View Complete Act List Judgments citing this sectionElectricity Act, 2003 Complete Act
State: Central
Year: 2003
ELECTRICITY ACT, 2003 ELECTRICITY ACT, 2003 An Act to consolidate the laws relating to generation, transmission, distribution, trading and use of electricity and generally for taking measures conducive to development of electricity industry, promoting competition therein, protecting interest of consumers and supply of electricity to all areas, rationalisation of electricity tariff, ensuring transparent policies regarding subsidies, promotion of efficient and environmentally benign policies, constitution of Central Electricity Authority, Regulatory Commissions and establishment of Appellate Tribunal and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Fifty-fourth Year of the Republic of India as follows:- SECTION 01: SHORT TITLE, EXTENT AND COMMENCEMENT (1) This Act may be called the Electricity Act, 2003. (2) It extends to the whole of India except the State of Jammu and Kashmir. (3) It shall come into force on such date as the Central Government may, by notification, Appoint: Provided that different dates may be appointed for different provisions of this Act and any reference in any such provision to the commencement of this.....
List Judgments citing this sectionFinance Act, 2003 Complete Act
State: Central
Year: 2003
FINANCE ACT, 2003 FINANCE ACT, 2003 May 14, 2003 An Act to give effect to the financial proposals of the Central Government for the financial year 2003-2004 BE it enacted by Parliament in the Fifty-fourth Year of the Republic of India as follows :- SECTION 01: SHORT TITLE AND COMMENCEMENT (1) This Act may be called the Finance Act, 2003. (2) Save as otherwise provided in this Act, sections 2 to 103 [except clause (b) of section 92] shall be deemed to have come into force on the 1st day of April, 2003. SECTION 02: INCOME TAX (1) Subject to the provisions of sub-sections (2) and (3), for the assessment year commencing on the 1st day of April, 2003, income tax shall be charged at the rates specified in Part I of the First Schedule and such tax as reduced by the rebate of income tax calculated underChapter VII-Aof theIncome-lax Act, 1961-(43 of 1961) (hereinafter referred to as the Income tax Act) shall be increased by a surcharge for purposes of the Union calculated in each case in the manner provided therein. (2) In the cases to which Paragraph A of Part I of the First Schedule applies, where the assessee has, in the previous year, any net agricultural income.....
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