(1) Any licensee may, with the previous sanction of the 22[State] Government and subject to such conditions as they may impose, recover from any person or class of persons to whom energy is sold at a price of more than 24[twelve paise] per unit, the duty which falls to be paid by the licensee in
22. Substituted for the word “Provincial” by the Adaptation Order, 1950.
23. Substituted for “Andhra Pradesh Gazette” by G.O.Ms.No.16, Energy (Budget) Department, dated 31.05.2016.
24. Substituted for “two annas” by Act No.8 of 1968.
Licensee to reimburse himself from consumer in certain cases.
Recovery of duty.
Inspecting officers.
Central Act 45 of 1860.
[Act No.V of 1939] 7 respect of the energy so sold or any part of it, as may be determined by the 25[State] Government.
Explanation:- 26[Save as provided in sub-section (4) of section 3, the duty] recoverable from any person under this sub-section shall not be deemed to be part of the price charged for the energy by the licensee.
(2) The licensee may, for the purpose of sub-section (1), exercise the power conferred on a licensee by sub-section
(1) of section 24 of the Indian Electricity Act, 1910, for the recovery of any charge or sum due in respect of energy supplied by him.
8. If any licensee,-
(a) fails to keep books of account or to submit returns as required by section 4, or
(b) intentionally obstructs an Inspecting Officer appointed under section 5 in the performance of his duties or the exercise of his powers under this Act and the rules made thereunder he shall be punished with fine which may extend to fifty rupees.
9. 27[(1) The 25[State] Government may, by notification published in the 28Telangana Gazette, make rules for carrying out all or any of the purposes of this Act.]
25. Substituted for the word “Provincial” by the Adaptation Order, 1950.
26. Substituted for the words “The duty” by section 3 of Madras Act II of 1943 re-enacted permanently with specified modifications by section 3 of, and the second schedule to, Act VII of 1948. This amendment should be deemed to have formed part of the Principal Act from its commencement.
27. Sub-section (1) substituted by Act No.8 of 1968.
28. Substituted by G.O.Ms.No.16, Energy (Budget) Department, dated
31.05.2016.
Power to make rules.
Penalties.
Central Act 10 of 1910.
8 [Act No.V of 1939]
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for,-
(a) the time and manner of payment of duty under section 3;
29[(b) 30[refunds to the Government of India and railway companies operating railways], when the price paid by them is found to exceed the limit specified in sub-section (4) of section 3];
29[(c)] the form of the books of account required to be kept under clause (a) of section 4;
29[(d)] the times at which, the forms in which, and the officers to whom, the returns required by clause (b) of section 4 should be submitted;
29[(e)] the duties and powers of Inspecting Officers appointed under section 5; and 29[(f)] any other matter for which there is no provision or insufficient provision in this Act and for which provision is, in the opinion of the 31[State] Government, necessary for giving effect to the purposes of this Act.
(3) In making a rule under sub-section (1) or sub-section
(2) the 31[State] Government may provide that a breach
29. Clause (b) to (e) were re-lettered as clause (c) to (f) respectively and clause (b) was inserted by section 4 of Madras Act II of 1943 re-enacted permanently with specified modifications by section 3 of, and the second schedule to, Act VII of 1948. This amendment should be deemed to have formed part of the principal Act from its commencement.
30. Substituted for the words “refunds to the Central Government, the Federal Railway Authority and railway companies operating Federal Railways” by the Andhra (Amendment) Order, 1950.
31. Substituted for the word “Provincial” by the Adaptation Order, 1950.
[Act No.V of 1939] 9 thereof shall be punishable with fine not exceeding fifty rupees.
32[(4) Every rule made under this Act shall, immediately after it is made, be laid before each House of State Legislature if it is in session, and if it is not in session in the session immediately following, for a total period of fourteen days which may be comprised in one session or in two successive sessions, and if, before the expiration of the session in which it is so laid or the session immediately following, both Houses agree in making any modification in the rule or in the annulment of the rule, the rule shall, from the date on which the modification or annulment is notified in the 33Telangana Gazette, have effect only in such modified form or shall stand annulled, as the case may be, so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.]
34[10. This Act shall have effect subject to the provisions of article 288 of the Constitution.]
* * *
32. Substituted by Act No.8 of 1968.
33. Substituted by G.O.Ms.No.16, Energy (Budget) Department, dated
31.05.2016.
34. This section was added by the Andhra (Amendment) Order, 1950.
Savings.
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