section 49-B
Validation of certain tariffs, etc.
The Jammu and Kashmir Electricity (Supply) Act, 194849-B.Validation of certain tariffs, etc.-Notwithstanding anything contained in the Act or in any agreement, undertaking or concession referred to in sub-section (1) of Sec. 49-A, or in any judgment or order of any Court- (a) Any amount realised, or demand made or created, by the Rajasthan State Electricity Board, or the Government of Rajasthan or the ruler or Government of any covenanting State of Rajasthan, according to the uniform tariffs in force from time to time, for or against any person claiming any special tariffs under any such agreement, undertaking or concession, before the publication in the Official Gazette of the Electricity Supply (Rajasthan Amendment) Ordinance, 1976, shall be deemed to have been validly realised, made or created under this Act as amended by the said Ordinance; (b) No such realisation of amount or making or creation of demand shall be questioned in any Court, and if questioned, the objection shall not be maintained by such Court, merely on the ground that there exists an agreement, undertaking or concession, as aforesaid, fixation special tariffs or providing for fixation of special tariff for the sale of electricity to such person; (c) All suits, applications or proceedings pending on the date of the publication in the Official Gazette of the Electricity Supply (Rajasthan Amendment) Ordinance, 1976, in any Court or before any arbitrator, whether appointed by any Court or by the parties to such agreement shall, in so far as they question the power of the said Board to levy uniform tariffs in accordance with this Act as amended by the said Ordinance or to revise the special tariffs fixed in such agreements, in disregard of the terms of such agreement, abate and any such proceeding before the said arbitrator shall cease to have effect and any such reference for arbitration shall be deemed to have been with drawn from such arbitrator; and (d) No Court shall execute any decree, order or award for the refund of any amount of uniform tariffs recovered by the Rajasthan State Electricity Board or the Government of Rajasthan or the ruler or Government of any covenanting State.
Study data processing for this section.
PDF: pending for this language.