Effect of Act on IX of 1910 and 54 of 1948

(1) The provisions of this Act shall have effect notwithstanding that the same are inconsistent with the provisions of the Indian Electricity Act, 1910 and the Electricity (Supply), Act, 1948, in their application to the State of Gujarat which continue to apply after the commencement of this Act.

(2) Notwithstanding anything contained in the Indian Electricity Act, 1910 and the Electricity (Supply) Act, 1948, in their application to the State of Gujarat, the Board and the State Government shall cease to exercise such powers and perform such functions to regulate the electricity industry in the State, which have been conferred or imposed on the Commission under this Act.

(3) (a) In respect of matters provided in sections 3 to 11, 27D and 28 of the Indian Electricity Act, 1910, in its application to the State of Gujarat (hereinafter in this sub-section referred to as “the said Central Act”) to the extent this Act has made specific provisions, the said provisions of the said Central Act shall cease to apply in the State.

(b) Notwithstanding that the provisions of the said Central Act referred to in sub-clause (a) have ceased to apply, anything done or any action taken under the provisions which have so ceased to apply, shall be deemed to have been done or taken under the corresponding provisions of this Act and accordingly a licence granted under the ceased section 3 of the said Central Act and subsisting on the date of commencement of this Act shall be deemed to be a licence granted under section 20 of this Act and shall be valid until substituted, suspended or revoked under the provisions of this Act and a sanction given under ceased section 28 of the said Central Act shall be deemed to be a sanction granted under section 26 of this Act and shall be valid until the expiry of its period.

(c) Any reference to a “licence” or “transmission licence” in the said Central Act shall be construed as a reference to a licence granted or deemed to have been granted under this Act and a reference to “licensee” or “licence holder”, or “transmission licensee” or “transmission licence holder” in the said Central Act shall be construed accordingly.

(4) (a) In respect of matters provided in sections 43A, 45 to 47, 50, 52, 56 to 59 of the Electricity (Supply) Act, 1948, in its application to the State of Gujarat (hereinafter in this sub-section referred to as ”the said Central Act”) to the extent this Act has made specific provisions, the said provisions of the said Central Act shall cease to apply in the State.

(b) Notwithstanding that the provisions of the said Central Act referred to in sub-clause (a) have ceased to apply, anything done or any action taken under the provisions which have ceased to apply, shall be deemed to have been done or taken under the corresponding provisions of this Act.

(c) Any reference to a “licence” or “transmission licence” in the said Central Act shall be construed as a reference to a licence granted or deemed to have been granted under this Act and a reference to “licensee” or “licence holder”, or “transmission licensee” or “transmission licence holder” in the said Central Act shall be construed accordingly.