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State of Assam - Section

Section 9 in The Tinsukia and Dibrugarh Electric Supply Undertakings (Acquisition) Act, 1973

9. Deduction from the gross amount.

- The Government shall be entitled to deduct the following sums from the gross amount payable under this Act to a licensee-
(a)the amount, if any, already paid in advance ;
(b)the amount, if any, specified in Section 8 ;
(c)the amount due, if any, including interest thereon, from the licensee to the Board, for energy supplied by the Board before the vesting date ;
(d)all amounts and arrears of interest, if any, thereon due from the licensee to the Government;
(e)the amount, if any, equivalent to the loss sustained by the Government by reason of any property or rights belonging to the undertaking not having been handed over to the Government, 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 Act, together with any income which might have been realised by the Government, if the property or rights had been handed over on the vesting date;
(f)the amount of all loans due from the licensee to any financial institutions constituted by or under the authority of the Government and arrears, or interest, if any, thereon;
(g)all sums paid by 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 Government, less the amounts which according to the books of the licensee are due from the consumers to the licensee for energy supplied by him before that date;'
(h)all advances from consumers and prospective consumers, and all sums which have been or ought to be set aside to the credit of the consumers' fund, in so far as such advances or sums have not been paid over by the licensee to the Government;
(i)the amounts remaining in Tariffs and Dividends Control Reserve, Contingencies Reserve and Development Reserve, in so far as such amounts have not been paid over by the licensee to the Government;
(j)the amount, if any, as specified in Sections 11(2) and 11(3);
(k)the amount, if any relating to debts, mortgages or obligations as mentioned in proviso to Section 7(2) :
Provided that before making any deduction under this section, the licensee shall be given a notice to show cause against such deduction, within a period of fifteen days from the date of receipt of such notice.