Judgment Search Results Home > Cases Phrase: electricity supply act 1948 repealed section 12 incorporation of board Page 1 of about 655 results (0.127 seconds)

V.Srinivasan Vs. Secretary to Tamil Nadu Generation and Distribution C ...

Court : Chennai

..... therefore, there was no alternative for the lawmakers in 1948, except to incorporate the above provision in section 81 of the electricity (supply) act, 1948 merely adopting the definition of the expression public servant already found in section 21 of the indian penal code, so as to make the provisions of sections 161 to 165-a of the indian penal code applicable to all the members, officers and other employees of the board.12. ..... mr.abudu kumar rajaratnam, learned counsel for the petitioner contended that under section 81 of the electricity (supply) act, 1948, all the members, officers and other employees of the electricity board were deemed, when acting or purporting to act in pursuance of any of the provisions of the act, to be public servants within the meaning of section 21 of the indian penal code. ..... this act repealed the electricity act, 1910, the electricity (supply) act, 1948 and the electricity regulatory commission act, 1988 and it was supposed to be a comprehensive law.16. ..... but the electricity (supply) act, 1948, was repealed by the electricity act, 2003. ..... section 185 of the electricity act, 2003 specifically repealed the electricity (supply) act, 1948 as well as the provisions of the indian electricity act, 1910 and the electricity regulatory commission act, 1998. ..... therefore, the prevention of corruption act, 1988, was enacted and the 1947 act was repealed. .....

Hassan Thermal Power Pvt. Ltd., Vs. State of Karnataka

Court : Karnataka

..... section 59 deals with savings reads as under:-"(1) notwithstanding anything contained in this act, the powers, rights and functions of the regional electricity board, the central electricity authority, the central government and authorities other the state electricity board and the state government under the indian electricity act, 1910 or the electricity (supply) act, 1948 or rules framed thereunder shall remain ..... 28 defines generating electricity act, 2003 section 2 relates to definitions sub-section company which reads as under:-"generating company means any company or body corporate or association or body of individuals, whether incorporated or not, or artificial juridical person, ..... contended that ppa1999 revised and restated ppa2007 act 1948, act 1999, act 2003 combined reading of various provisions like definition, generating company, licensee, repeal and saving 123 clauses would result in power is vested with the kerc under section 86(1)(f) to entertain 1st respondents o.p.against pca proceedings on the other hand, learned counsel for the petitioner submitted that under repeal and savings of the act 1998 and 2003, it is to ..... for when those bye-laws were altered the changes would get incorporated into the contracts themselves, so as to afford no scope for ..... : sec.2(28): generating company means any company or body corporate or associated or body of individuals, whether incorporated or not, or artificial juridical person, which owns or operates or maintains a generating station. .....

Sehajdhari Sikh Federation Vs. Union of India and Others

Court : Punjab and Haryana

..... section 67 of part-vii therefore specifically provides that the body-corporates, namely, (a) state electricity board constituted under the electricity supply act, 1948 and (b) the state warehousing corporation established under the warehousing corporation act, 1962 shall continue to function in those very areas where they had been functioning immediately before the `appointed day' subject to such directions as may be issued by the central government including ".a direction that the act under which the board or the corporation was constituted shall ..... (1984) 4 scc 27, ruled that legislature and its delegate are the sole repositories of the power to decide what policy should be pursued in relation to matters covered by the act for its efficacious implementation and any drawbacks in the policy incorporated in a rule or regulation will not render it ultra vires and there is no scope of interference by the court unless such provision suffers from any legal infirmity; (xv) the decisions in (a) np ponnuswami v. ..... or chandigarh of any law made before the appointed day, the appropriate government may, before the expiration of two years from that day, by order, make such adaptations and modifications of the law, whether by way of repeal or amendment, as may be necessary or expedient, and thereupon every such law shall have effect subject to the adaptations and modifications so made until altered .....

Southern Petrochemical Industries Co. Ltd. Vs. Electricity Inspector a ...

Court : Supreme Court of India

Reported in : AIR2007SC1984; 2007(2)CTC273; 2007LC(SC)1166; (2007)4MLJ723(SC); 2007(7)SCALE392; (2007)5SCC447; 2007AIRSCW3752; JT2007(7)SC613;

..... 1948 act was enacted to provide for the rationalization of the production and supply of electricity, and generally for taking measures conducive to electrical development.154 tariff is framed by the state electricity boards under sections 46 and 49 of the 1948 act ..... shall not form part of the undertaking for the purpose of purchase under section 5 or section 6;(e) the grant of a licence under this part for any purpose shall not in any way hinder or restrict the grant of a licence to another person within the same area of supply for a like purpose;(f) the provisions contained in the schedule shall be deemed to be incorporated with, and to form part of, every licence granted under this part, ..... 'unless a different intention appears' must necessarily be read in the context of sub-section (1) of section 20 of the 2003 act and the proviso appended thereto being practically the incorporation of section 6 of the general clauses act, the words 'unless a different intention appears' must be read there into although not ..... , obligation, liability, forfeiture or punishment as aforesaid and any such investigation, legal proceeding or remedy may be instituted, continued or enforced and any such penalty, forfeiture or punishment may be imposed as if this act has not been passed;(2) notwithstanding such repeal;(a) anything done or any action taken or purported to have been done or taken including any rule, notification, inspection order or notice made or issued or any direction given under the .....

T.Bhuvaneswari Vs. District Collector Cum District Magistrate of Erode ...

Court : Chennai

..... , electricity act, 2003 though there is no provision with regard to preparation and sanctioning of any scheme relating to establishment of generating stations, sub-stations or transmission lines as required under section 28 of the repealed electricity (supply) act, 1948, provisions similar to sections 12 and 51 of the indian electricity act, 1910 have been incorporated under section 67 and section 164 respectively. ..... , after referring to sections 172, 185, 67(2) of the electricity act, 2003 and section 14 of the act, empowering the appropriate government to grant licence to any person to transmit electricity, as a licensee or to distribute electricity, the hon'ble mr.p.k.misra, at paragraphs 10 to 12, held as follows: 10.a conjoint reading of aforesaid provisions makes it clear that the state electricity board, which was constituted under the electricity (supply) act, 1948 is deemed to be the state transmission utility and a licensee under the provisions of the electricity act, 2003 and as such shall be deemed to be a state transmission utility and a licensee .....

Binani Zinc Limited, Rep. by Vs. Kerala State Electricity Board,

Court : Appellate Tribunal for Electricity APTEL

Reported in : (2006)LCAPTEL868

..... was not constituted by the state of kerala, the power to determine tariff remained with the board under the electricity supply act, 1948, as it was not repealed by the electricity regulatory commission act, 1998.the parliament could not have intended a situation where no authority would be empowered to determine the tariff, between the date of coming into force of the erc act, 1998 and the constitution of the commission.it is only after the regulatory commission is constituted that ..... section 185 of the electricity act of 2003 that the provisions of the indian electricity act, 1910, electricity (supply) act, 1948 and electricity regulatory commission act, 1998 were repealed ..... it has also not been shown by the appellant that the tariff revision made by the board was not as per the provisions of section 59 of the electricity supply act, 1948, under which the board was entitled to adjust its tariff so as to ensure that the total revenue in any year, after meeting all expenses, was not exceeding ..... thereafter, on 24^th october, 2002, the kseb in exercise of the power conferred by section 49, 59 and sub-section (i) of section 79 of the electricity (supply) act, 1948 and other enabling provisions issued the kerala state electricity board extra high tension tariff revision order 2002 (for short tariff revision order 2002), whereby, with effect from 1^st october, 2002 a revision in the tariff for extra ..... section 17(1) of the erc act, 1998 makes provision for establishment and incorporation .....

M/S. Hindustan Zinc Ltd. Etc. Vs. Andhra Pradesh State Electricity Boa ...

Court : Supreme Court of India

Reported in : AIR1991SC1473; JT1991(2)SC403; 1991(1)SCALE869; (1991)3SCC299; [1991]2SCR643

..... manner; (2) it cannot plan its activities with a view to derive any sizeable profits on its undertaking except in accordance with section 59 of the electricity (supply) act, 1948 (hereinafter referred to as 'the supply act'); (3) the board could not generate a surplus in excess of that specified under section 59 of the supply act which it had been doing; (4) the board was preparing its financial statements incorrectly in a manner contrary to section 59 of the supply act by improperly taking into account expenses chargeable to capital by showing such expenses as charged to revenues; (5) the steep upward revision ..... of tariffs from 1980 made by the board is invalid, being arbitrary and in contravention of sections 49 and 59 of the supply act; and (6) there was no justification for ..... section 12 provides for the incorporation of the board. .....

Gulab Rai Vs. Municipal Corporation of Delhi and Others

Court : Delhi

Reported in : ILR1991Delhi97

..... 49 of the indian electricity (supply) act, 1948 is not applicable inasmuch as the said section 49 deals with the powers of the board, regarding sale of electricity. ..... it was submitted that under section 277 of the delhi municipal corporation act the corporation has all the powers and obligations of a licensee under the indian electricity act, 19 10 and the said clause xi-a stood incorporated in the dmc act and the subsequent repeal of the said clause in 1959 would not make it inapplicable. ..... to put it differently, it cannot be that to the corporation the provisions of clause xi-a would continue to apply, even after the repeal of the said clause, but any other licensed under the indian electricity act, 19 10 would not be governed by the provisions of the said clause xi-a. ..... the provisions of the indian electricity act are not incorporated in the dmc act. ..... if, thereforee, the corporation follows the principles incorporated in such statutes, it cannot be said that it acts arbitrarily and vesting of the discretionary power with the corporation with regard to the rate to be charged for supply of energy cannot be regarded as bestowing upon it arbitrary power. ..... the said clause xi-a of the schedule to indian electricity act, 1910, prior to its repeal in 1959 read as under: -'a licensee may charge a consumer a minimum charge for energy of such amount and determined in such manner as may be specified by his license, and such minimum charge shall be payable notwithstanding that no energy .....

K.c. Ninan Vs. Kerala State Electricity Board & Ors.

Court : Supreme Court of India

..... have submitted that: (i) section 49 of the 1948 act empowered the board to supply electricity upon such terms and conditions as it thinks fit; (ii) the phrase regulate in section 79 of the 1948 act has a wider implication allowing the state commission to do everything necessary to prescribe the principles governing the supply of electricity; (iii) the electricity supply code notified under section 50 read with section 181(2)(x) of the 2003 act governs all matters relating to the supply of electricity to premises; and (iv) the conditions of supply which provide for payment of outstanding dues of the previous consumer have ..... 135 part g246 on 10 august 2001, gujarat electricity board issued a notification under section 49 of the 1948 act incorporating condition 2(j) in the condition and miscellaneous charges for supply of electrical energy . ..... presently, the maharashtra electricity regulatory commission (electricity supply code and other standards of performance of distribution licensees including power quality) regulations 202176 have been enacted repealing the maharashtra electricity supply code 2005. ..... in the process, the 2003 act repealed the aforesaid three legislations. .....

Binani Zinc Limited Vs. Kerala State Electricity Board and ors.

Court : Supreme Court of India

Reported in : 2009AIRSCW2458; 2009LC(SC)1; JT2009(5)SC162; 2009(3)SCALE849; (2009)11SCC244; 2009(3)LC1474(SC)

..... . it was only under section 185 of the electricity act of 2003 that the provisions of the indian electricity act 1910, electricity (supply act 1948 and the erc act 1998 were repealed ..... . till the time the regulatory commission was not constituted by the state of kerela, the power to determine tariff remained with the board under the electricity (supply ) act 1948 as it was not repealed by the electricity regulatory commission act 1998 ..... 2 is constituted and incorporated under the provisions of the electricity (supply) act, 1948 (for short 'the 1948 act'). ..... impose any legal obligation upon the state to constitute the commission;(ii) so long the commission is not constituted, the board would have jurisdiction to frame and/or revise tariff as the statute does not contemplate a vacuum;(iii) the 1998 act having not repealed the 1948 act, the power to frame tariff in terms of section 49 of the 1948 act continued to remain in the board; (iv) the high court in exercise of its jurisdiction under article 226 of the constitution of india could not have issued ..... the kserc in terms of its order dated 30th april, 2004 inter alia held:a) on the day the notification dated 24.10.2002 was issued, the board was empowered to determine the tariff since the electricity (supply) act, 1948 was still applicable.b) no ground for re-determining tariff for ht and eht consumers.c) cross subsidy for tariff for ht and eht categories was around 43%.13. .....