Effect of the Act on the Indian Electricity Act, 1910 and the Electricity (Supply) Act, 1948

Madhya Pradesh Vidyut Sudhar Adhiniyam, 2000

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Chapter XIV EFFECT ON EXISTING CENTRAL LEGISLATION AND SAVINGS

Statutory text

(1) Except as provided in section 61 of this Act, the provisions of this Act, notwithstanding that the same are inconsistent with or contrary to the provisions of the Indian Electricity Act, 1910 (No. 9 of 1910), or the Electricity (Supply) Act, 1948 (No. 54 of 1948) shall prevail.
(2) Subject to the provisions of sub-section (1), all matters in the Indian Electricity Act, 1910 (No. 9 of 1910) and the Electricity (Supply) Act, 1948 (No. 54 of 1948), with which the Board has been concerned or dealing with shall be subject to the following:-
- (a) all regulatory functions shall be undertaken by the Commission;
- (b) the Board shall cease to undertake the functions which are to be discharged by the Commission in terms of the provisions of this Act or any Rules made thereunder; and
- (c) upon the issue of notification bringing into force the relevant transfer scheme in terms of Section 23 of the Act the Board shall cease to undertake such of the functions of the Board as are assigned under the notification to the companies or body corporate or persons or authority.
(3) Subject to the provisions of sub-sections (1) and (2) of this Section and Section 12, the provisions of the Indian Electricity Act, 1910 (No. 9 of 1910) and the Electricity (Supply) Act, 1948 (No. 54 of 1948)shall, in so far as the State is concerned, be read subject to the provisions contained hereunder:-- INDIAN ELECTRICITY Act, 1910 (No. 9 of 1910)
- (i) All references to the Board in the Indian Electricity Act, 1910(No. 9 of 1910) in so far as the State is concerned shall be read as reference to the Commission or companies or body corporate or person or authority as provided in this Act and wherever it relates to general policy matters, the State Government. Provided that the Board may continue to exercise functions other than regulatory functions which the Board has been undertaking or otherwise as the State Government may specify subject, however, to the regulatory control, powers and functions of the Commission.
- (ii) In respect of matters provided in Sections 3 to 11, 28, 36 (2),49-A, 50 and 51 of the Indian Electricity Act, 1910(No. 9 of 1910), to the extent to which this Act has made specific provisions, the provisions of the Indian Electricity Act, 1910 shall not apply in the State.
- (iii) The provisions of all other Sections of the Indian Electricity Act, 1910 (No. of 1910) shall apply except that:-
- (a) the terms "licence" "licensee" "licence holder" shall have the meaning as defined under this Act and the licences shall be construed as having been issued under this Act;
- (b) the reference to the Sections of the Electricity (Supply)Act, 1948 (No. 54 of 1948) in the provisions of the Indian Electricity Act, 1910 (No. 9 of 1910) shall be taken as reference to the corresponding provisions of this Act, wherever applicable;
- (c) The reference to arbitration in these provisions except where it is by the Central Electricity Authority shall be taken as reference to the proceedings under section 39 of this Act and the arbitration procedure prescribed under the Indian Electricity Act, 1910 (No. 9 of 1910) shall not apply.
  - (iv) The Schedule to the Indian Electricity Act, 1910 (No. 9 of 1910) shall be applicable only with reference to the provisions in this Act wherein the applications of the Schedules are specified and not otherwise. ELECTRICITY (SUPPLY) ACT, 1948 (No. 54 of 1948)
  - (v) All reference to the Board in the Electricity (Supply)Act, 1948 in so far as the State is concerned shall be read as reference to the Commission or companies or body corporate or person or authority as provided in this Act or any rules framed under this Act and wherever it relates to general policy matters, the State Government: Provided that till such time all the functions of the Board may continue to exercise functions other than the regulatory functions which the Board has been undertaking otherwise as the State Government may specify subject, however, to the regulatory control, powers and functions of the Commission.
  - (vi) In respect of matters provided in Sections 5 to 18,19, 20, 23 to 27,37, 40 to 45, 46 to 54, 56 to 69, 72 and 75to 83 of the Electricity (Supply) Act, 1948 (No. 54 of 1948 ), to the extent to which this Act has made specific provisions, the provisions of the Electricity (Supply) Act, 1948 (No. 54 of 1948) shall not apply in the State.
  - (vii) The Provisions of all other Sections of the Electricity (Supply) act, 1948 shall apply except that :--
- (a) the terms "licence", "licensee", "licence holder " shall have the meanings as defined under this Act and the licences shall be construed as having been issued under this Act;
- (b) the reference to the Sections of the Indian Electricity Act, 1910 (No.9 of 1910) in the provisions of the Electricity (Supply) Act, 1948 (No. 54 of 1948) shall be taken as reference to the corresponding provisions of this Act wherever applicable.
- (c) the reference to arbitration in these provisions except where it is by the Central Electricity Authority shall be taken as reference to the proceedings under section 39 of this Act and the arbitration procedure prescribed under the Electricity (Supply) Act, 1948 (No. 54 of 1948) shall not apply.
  - (viii) The Schedules to the Electricity (Supply) Act, 1948 shall be applicable only with reference to the provisions in this Act and with the modifications provided in this Act.

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