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The Indian Electricity (Haryana Amendment) Act, 1987

Haryana Act No. 17 of 1992

hl145

(i) the book value of all completed works in beneficial use pertaining to the undertaking and taken over by the Haryana State Electricity Board, the State Government or local authority, as the case may be (excluding works constructed at the costs of local bodies for street light and works paid for by consumers), less depreciation calculated in accordance with Sixth Schedule read with the Seventh Schedule to the Electricity (Supply) Act, 1948;

(ii) the book value of all works in progress taken over excluding works paid for the consumers or protective consumers;

(iii) the book value of all stores, including spare parts taken over, and in the case of used stores and spare parts, if taken over, such sum as may be decided upon by the Special Officer;

(iv) the book value of all other fixed assets in use on the date of vesting (hereinafter referred to as the vesting date) and taken over under Section 7 less depreciation calculated in accordance with the schedules referred to in clause (i);

(v) the book value of all plants and equipments existing on the vesting date if taken over, but no longer in use owing to wear and tear or to obsolescence, to the extent such value has not been written off in the books of the licensee, less depreciation calculated in accordance with the schedule referred to in clause (i).

(a) the purchase price paid in good faith by the licensee for the asset, including the cost of delivery and all charges properly incurred in erecting and bringing the asset into beneficial use as shown in the books of the undertaking; and

(b) the cost of supervision actually incurred, but not exceeding fifteen per cent of the amount referred to in paragraph (a) :

(a) the amount, if any, already paid in advance;

(b) where the purchaser is the Haryana State Electricity Board, the amount due, if any, including interest thereon, from the licensee to the Board, for energy supplied by the Board before the vesting date;

(c) all amounts and arrears of interest, if any thereon due from the licensee to the State Government or the Haryana State Electricity Board;

(d) the amount, if any, equivalent to the loss sustained by the purchaser by reason of property or rights belonging to the undertaking not having been handed over to the purchaser, the amount of such loss being deemed to be the amount by which the market value of such property or rights exceeds the amount payable therefor under this section, together with any income which might have been realised by the purchaser, if the property or rights had been handed over on the vesting date;

(e) all sums paid by the consumers by way of security deposit and arrears of interest due thereon on the vesting date; in so far as they have not been paid over by the licensee to the purchaser, less the amounts which according to the books of the licensee are due from the respective consumers to the licensee for energy supplied by him before that date;

(f) all advances from consumers and prospective consumers, and sums which have been or ought to be set aside to the credit of the consumers, insofar as such advances or sums have not been paid over by the licensee to the purchaser;

(g) the amounts remaining in Tariffs and Dividends Control Reserve, Contingencies Reserve and the Development Reserve, insofar as such amounts have not been paid over by the licensee to the purchaser.

(b) The Special Officer shall have the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908 (Central Act V of 1908), when trying a suit, in respect of the following matters :-

(i) enforcing the attendance of any person and examining him on oath;

(ii) compelling the production of documents; and

(iii) issuing commissions for the examination of witnesses.

(c) The Special Officer shall, also have such further powers as may be specified by the State Government by notification in the Official Gazette.

(a) equal to the total amount to be deducted under this Section, no payment shall be made to the licensee by the purchaser;

(b) less than the total amount to be deducted under this section, the difference between the gross purchase-money so payable and the total amount to be deducted shall on a certificate of the Special Officer be recoverable as arrears of land revenue.

(i) in sub-section (2), for the words "and after giving not less than twenty-four hours notice in writing to the occupier", the words "at any time but in case of residential premises between sunrise and sunset and after informing the occupier of his intention" shall be substituted;

(ii) in sub-section (2), the following proviso shall be added, namely :-

(i) after clause (a), the following clause shall be inserted, namely :-

"(aa) unauthorisedly reconnects with any electric supply line or other works, being the property of the licensee, through which energy may be supplied, when the said electric supply line or other work has been cut or disconnected; or";

(ii) for the words "shall be punishable with fine which may extend to five hundred rupees", the words "shall be punishable with imprisonment for a term which may extend to three years or with fine which may extend to one thousand rupees or with both" shall be substituted;

(iii) after the words "such connection as is referred to in clause (a)", the words "or such reconnection as is referred to in clause (aa)" shall be inserted;

(iv) the words "and that the meter, indicator door apparatus, is under the custody or control of the consumer, whether it is his property or not" shall be omitted;

(v) for the words " that such connection, communication, alteration, prevention or improper use", the words "that such connection reconnection, communication, alteration, prevention or improper use" shall be substituted.

"(2) If any person, having been convicted of an offence punishable under sub- section (1), is again guilty of an offence punishable under that sub-section, he shall be punishable with imprisonment for the second or subsequent offence for a term which shall not be less than three months but which may extend to five years and shall also be liable to fine."