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The Bihar Electricity (Temporary Control) Act, 1959
Bihar Act 23 of 1959
bh204
(a) where the Central Government or the State Government or a Railway authority is the addressee, at the office of such officer as the Central Government or the State Government or the Railway authority, as the case may be, may designate in this behalf;
(b) where a local authority is the addressee, at the office of such authority;
(c) where any other person is the addressee, at the usual, or last known place of abode or business of the person.
(ii) Every order under sub-section (1) addressed to the owner or occupier of any premises shall be deemed to be properly addressed if addressed by the premises (naming the premises), and may be served by delivering it or a true copy thereof, to some person on the premises, or, if there is no person on the premises to whom the same can with reasonable diligence be delivered, by affixing it on some conspicuous part of the premises.
(3) Any person aggrieved by an order made under sub-section (1) may, within thirty days of the service in accordance with provisions of sub-Section (2) of the order, or a true copy thereof, appeal, to the State Government. 3. Penalty for contravention of order. - (1) Any person who contravenes any order made under Section 2 shall be punishable with fine which may extend to one thousand rupees and in case of continuing offence, with a daily fine which may extend to one hundred rupees. (2) (i) No Court shall take cognizance of any offence punishable under this Act except with the previous sanction of the State Government.(ii) No Court inferior to that of a Magistrate of the first class shall try any offence punishable under this Act.
4. Effect of orders inconsistent with other enactments. - Any order made under Section 2 shall have effect notwithstanding anything inconsistent therewith contained in any enactment other than this Act or any instrument having effect by virtue of any enactment other than this Act. 5. Presumption as to orders. - Where an order purports to have been made and signed by an authority in exercise of any power conferred by or under this Act, a Court shall presume that such order was so made by that authority within the meaning of the Indian Evidence Act, 1872. 6. Protection of action taken under the Act. - (1) No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done in pursuance of any order made under Section 2. (2) No suit or other legal proceeding shall lie against the State Government for any damage caused or likely to be caused by anything which is in good faith done or intended to be done in pursuance of any order made under Section 2.
