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Bombay Presidency - Act

The Bombay Gas Supply Act, 1939

BOMBAY PRESIDENCY
India

The Bombay Gas Supply Act, 1939

Act 9 of 1939

Published on 17 May 1939
Commenced on 17 May 1939
[This is the version of this document from 17 May 1939.]
[Note: The original publication document is not available and this content could not be verified.]

The Bombay Gas Supply Act, 1939Bombay Act No. 9 of 1939,MH86[17th May, 1939]The Act was extended to that part of the State of Bombay to which, immediately before the Commencement of Bombay 51 of 1958, it did not extend (vide Bombay 51 of 1958, Section 3), For Statement of Objects and Reasons, see Bombay Government Gazette, 1939, Part V, p. 165, or Bombay Legislative Assembly Debates, 1939, Vol. 5, p. 3688, or Bombay Legislative Council Debates, 1939, Vol. 6, p. 780. For Proceedings in Assembly, see Bombay Legislative Assembly Debates, 1939, Vol. 5, pp. 3193-3201 and for Proceedings in Council, see Bombay Legislative Council Debates, 1939, Vol. 6, pp. 626-631.An Act to provide for the regulation of [the supply of gas including the prices therefor] [These words were substituted for the original words by Bombay 13 of 1950, Section 2.] in the Province of Bombay.Whereas it is expedient to provide for the regulation of [the supply of gas including the prices therefore] [These words were substituted for the original words by Bombay 13 of 1950, Section 2.] in the Province of Bombay and for certain other matters; it is hereby enacted as follows:-

1. Short title, extent and commencement.

(1)This Act may be called the Bombay Gas Supply Act, 1939.

(2)[ It extends to the whole of the State of Bombay.] [This sub-section was substituted for the original by Bombay 51 of 1958, Section 4 (1).]

(3)It shall come into force on such date as the [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government may by notification in the Official Gazette [appoint in respect of the pre-Reorganisation State of Bombay and in that part of the State of Bombay to which it is extended by the Gas Companies Act, 1863 and the Bombay Gas Supply Act, 1939 (Extension) Act, 1958, it shall come into force on such other date as that Government may, by notification, published in like manner appoint] [This portion was substituted for the word 'appoint' by Bombay 51 of 1958, Section 4(1).].

2. Definitions.

- In this Act unless there is anything repugnant in the subject or context,-

(1)"company" means the Bombay Gas Company Limited, governed by the Gas Companies Act, 1863, or any other person to whom the provisions of this Act may, for the time being, be extended under section 10 and includes the successors and assigns of such company or person;

(2)"consumer" means any person who is supplied with gas by the company;

(3)"prescribed" means prescribed by rules made under this Act;

(4)[ "Inspector" means the Gas Inspector appointed by the State Government under section 7-O;

(5)"calorific value" means the number of British thermal units (gross) produced by the combustion of one cubic foot of gas measured at sixty degrees Fahrenheit under a pressure of thirty inches of mercury and, except as may be otherwise directed by the State Government in relation to gas supplied by any particular company or class of companies specified in the direction, saturated with water vapour.] [These clauses were inserted by Bombay 13 of 1950, Section 3.]

3. Company to prepare and render accounts annually.

(1)The company shall prepare and render to the [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government or to such officer as the [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government may appoint in this behalf, on or before the prescribed date in each year, a statement of accounts of its undertaking for such period, made up to such date, in such form and containing such particulars, as may be prescribed in this behalf.

(2)The company shall keep copies of such statement of accounts at its office and sell the same to any applicant at a price not exceeding that which may be prescribed.

4. Audit of accounts.

(1)The [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government may direct that the statement of accounts of the undertaking shall, before being rendered under section 3, be examined and audited by such person as the [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government may appoint or approve in this behalf.

(2)The remuneration of the auditor shall be such as the [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government may direct and his remuneration and all expenses incurred by him in nor about the execution of his duties, to such an amount as the [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government shall approve shall be paid by the company on demand.

(3)The company shall afford to the auditor, his clerks and assistants, access to all such books and documents relating to the undertaking as are necessary for the purposes of the audit, and shall, when required, furnish him and them all vouchers and information requisite for that purpose, and afford to him and them all facilities for the proper execution of his and their duty.

(4)The audit shall be made and conducted in such manner as the [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government may direct.

(5)If the company fails to pay the amount of the auditor's remuneration and the expenses incurred by him within the time fixed by the [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government in this behalf, the same may be recovered from it as an arrear of land revenue.

5. Advisory Committee.

(1)The [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government may by notification in the Official Gazette constitute an Advisory Committee.

(2)The Advisory Committee shall consist of a Chairman and not less than two other members.

(3)The [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government may be general or special order,-

(i)define the powers, and duties and regulate the procedure of the committee,

(ii)determine the tenure of office of the members of the committee, and

(iii)give directions as to the payment of fees to, and the travelling expenses incurred by, any of the members of the committee in the execution of his duty.

6. Rules to prescribe limits of prices.

- The [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government may, from time to time in accordance with the recommendations of the Advisory Committee make rules prescribing the limits of prices which the company may charge for the supply of gas to any consumer or class of consumers, in the whole [of the State of Bombay] [These words were substituted for the words 'of the pre-Reorganisation State of Bombay, excluding the transferred territories' by Bombay 51 of 1958, Section 4(2).] or in any specified area.

7. Price in excess of limit not to be charged or recovered.

- Notwithstanding any contract or law, the company shall not, at any time, charge or recover from any consumer price for supply of gas to him in excess of the limit prescribed in this behalf by rules made under section 6.

7A. [ Pressure etc. at which gas to be supplied. [Sections 7A to 7P were inserted by Bombay 13 of 1950, Section 4.]

- The gas supplied by the company to the consumers shall extent for any cause beyond its control, be of such standard of calorific value, pressure and purity, such standard being subject to such allowance, as may be specified by the State Government in this behalf by notification in the Official Gazette. The standards so specified may vary from time to time and may be different for different localities or areas.

7B. Facilities for inspection and testing.

- The company shall at all times afford all facilities to the Inspector or his assistants authorised by him in writing in this behalf to Inspect and test any of its works for the purpose of determining the calorific value, pressure or purity of the gas supplied to the consumers.Explanation.- In this section "works" includes any buildings, machinery or apparatus required to supply gas.

7C. Company to maintain equipments.

- The company shall keep and maintain in good working order such measuring and recording instruments and equipments as the Inspector may require for the correct determination of the calorific value, pressure and purity of gas supplied to the consumers and for testing the accuracy of the meters. Such instruments and equipments shall at all times be open for inspection and testing by the Inspector or any-of his assistants.

7D. Complaint for failure to supply gas at normal pressure etc.

(1)A consumer may make a complaint in writing to the company that the gas supplied to him is below the standard of the specified calorific value or pressure or purity and the company shall, within forty-eight hours of the receipt of such complaint, test the calorific value or pressure or purity of the gas supplied in the presence of the consumer or his representative if the consumer so desires, and if the gas supplied is found below such standard taking into consideration the allowance specified shall restore the calorific value, pressure or-purity, as the case may be, to its standard within forty-eight hours of such testing or within such longer period as the Inspector may allow.

(2)Where on such testing the standard in regard to which the complaint was made is found to be correct, the company shall be entitled to recover from the consumer a testing charge not exceeding such amount as may be prescribed.

7E.

Consent of company required for additions to installation by consumers.- No consumer shall at any time make additions to his installation without the knowledge and consent of the company.

7F. Company to supply meters.

- The company shall provide and maintain a correct meter for every consumer for measuring the gas supplied to him.

7G. New connections to be in accordance with rules.

- The company shall not grant new connection to any person for the supply of gas, except in accordance with the rules made by the State Government in this behalf.

7H. Complaint for incorrect meter.

- A consumer may make a complaint in writing to the company that the meter supplied to him is not correct, and the company shall, within forty-eight hours of the receipt of such complaint, test the meter in the presence of the consumer or his representative if the consumer so desires and if the meter is found to be otherwise than correct, shall replace it by correct meter within the next forty-eight hours or such longer time as may be allowed by the Inspector.Where on such testing the meter is found to be correct, the consumer shall, if demanded by the company in writing, be liable to pay to the company a testing charge not exceeding such amount as may be prescribed.Explanation.- For the purposes of this section, a meter shall be deemed to be correct if it does not register measurement of gas more than 3 per cent. above or below the correct measurement.

7I. Disputes to be referred to Inspector

(1)Where any dispute arises between a consumer and the company as to the quantity of gas consumed, amount of any charges levied by the company for the supply of gas, testing of calorific value, pressure or purity or testing of meter, the matter may by application be referred by either party to the Inspector and decided by him after holding such inquiry as he deems necessary.

(2)Such application shall be in writing and shall be in such form and accompanied by such fees as may be prescribed.

7J. Recovery of charges and rents due to company.

(1)Where a consumer neglects to pay any charge due from him to the company for the supply of gas, or the testing of meter or the calorific value, pressure or purity of gas or any rent due for any meter or fitting let for hire by the company, the company may after giving not less than seven clear days' notice in writing and without prejudice to its right to recover such charge or rent by suit, stop the gas from entering the premises of such consumer by cutting off the service-pipes or by such means as the company shall think fit.

(2)When the company stops the gas from entering the premises of any consumer under sub-section (1), the company, their agents or workmen after giving twenty-four hours' previous notice to the occupiers, may enter into suck premises between the hours of nine in the forenoon and four in the afternoon, and recover and carry away any pipe, meter, fittings or other works, being the property of the company.

(3)When any dispute has been referred under this Act to the Inspector, the company shall not exercise the powers conferred by this section until the Inspector has given a decision or until the expiry of one month from the date on which the dispute was referred to the Inspector, whichever is earlier.

(4)When the supply of gas has been stopped by the company under this section, the company shall not be bound to restore the supply of gas, until the consumer has paid to the company such reconnection charges, if any, as may be prescribed.

7K. Fees for service of Inspector.

(1)For the services of the Inspector under any of the provisions of this Act, the State Government may prescribe fees and may by general or special order provide for remission of any fee or any portion thereof.

(2)Such fees shall be paid to the Inspector by such party as the Inspector may decide.

(3)The fees paid under sub-section (2) shall be credited to the State Government.

7L. Failure to pay Inspector's fees by consumer.

- Where a consumer fails to pay any prescribed fee as directed by the Inspector within seven days from the date of demand of such fees by the Inspector in writing, the Inspector may direct the company to discontinue the supply of gas to such consumer and the company shall discontinue the supply of gas to such consumer until such time as the company is directed by the Inspector to restore the same:Provided that the company shall not be bound to restore the supply of gas after it is so discontinued, until the consumer has paid to the company such re-connection charges as may be prescribed.

7M. List of consumers.

- The inspector may at any time require the company to submit to him a list of persons supplied with gas by the company and the company shall comply with such requisition and supply such other information as the Inspector may require.

7N. Directions by inspector to consumers.

(1)The Inspector may direct any consumer to discontinue the use of any part of the installation or any apparatus, which in the opinion of the Inspector, is causing, or is likely to cause, waste of gas or overloading of the meter provided on the consumer's premises and such consumer shall comply with the Inspector's direction in this behalf.

(2)Where a consumer fails to comply with any direction given by the Inspector under sub-section (1), without prejudice to any other penalty to which the consumer may be liable, the Inspector may direct the company to discontinue the supply of gas to such consumer and the company shall discontinue the supply of gas to such consumer until such time as the company is directed by the Inspector to restore the same:Provided that the company shall not be bound to restore the supply of gas after it is so discontinued, until the consumer has paid to the company such reconnection charges as may be prescribed.

7O. Appointment of Inspector.

- The State Government may by notification in the Official Gazette appoint a duly qualified person to be a Gas Inspector and the Gas Inspector so appointed shall exercise the powers and perform the functions of the Inspector under this Act, subject to such restrictions as the State Government may direct. The qualification required for appointment as the Inspector shall be such as may be prescribed.

7P. Appeal against decision of Inspector.

(1)An appeal shall lie from the decision of the Inspector under this Act to the State Government or such officer as the State Government may, by notification in the Official Gazette, appoint in this behalf.

(2)Every such appeal shall be made within 30 days from the date of the decision of the Inspector.]

8. [ Penalty for contravention by company. [This section was substituted for the original by Bombay 13 of 1950, Section 5.]

- If the company, without reasonable excuse, the burden of proving which shall lie on the company, contravenes any of the provisions of this Act, it shall, on conviction, be punished with fine which may extend to Rs. 1,000 and, in the case of a continuing contravention, with an additional fine which may extend to Rs. 50 for every day during which such contravention continues after conviction for the first such contravention.]

9. The Principal officer to be liable for default made by the company.

- Where anything is required to be done by the company by or under any provision of this Act, the principal officer of the company shall be bound to do the same and shall be personally liable if default is made in the doing of any such thing.Explanation. - For the purposes of this section the principal officer of the company shall mean the director, secretary, treasurer, manager or agent of the company.

9A. [ Penalty for contravention by consumer. [Sections 9A, 9B and 9C were inserted by Bombay 13 of 1950, Section 6.]

- If a consumer, without reasonable excuse, the burden of proving which shall lie on the consumer, fails to comply with any direction given to him by the Inspector under any of the provisions of this Act, he shall on conviction, be Punished with a fine which may extend to Rs. 100 and, in the case of a continuing failure, with an additional fine which may extend to Rs. 10 for every day during which such failure continues after conviction for the first such failure.

9B. Inspector to be public servant.

- The Inspector appointed by the State Government under section 70 shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code.

9C. Indemnity from suits and proceedings.

- No suit, prosecution or other proceedings shall be instituted against the Inspector of any of his assistants for anything in good faith done or purporting to be done under this Act.]

10. Extension of the Act to persons manufacturing or supplying gas.

- The [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government may, by notification in the Official Gazette extend the provisions of this Act to any person who manufactures or supplies gas in any area within the [State of Bombay] [These words were substituted for the words 'Pre-Reorganisation State of Bombay, excluding the transferred territories' by Born 51 of 1958, Section 4(1).].

11. Rules.

(1)The [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.

(2)In particular and without prejudice to the generality of the foregoing provision such rules may be made for all or any of the following matters:-

(a)the date on or before which the statement of accounts of its undertaking shall be rendered by the company to the [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government under subsection (1) of section 3; the date up to which such statement shall be made and the particulars which it shall contain; and

(b)the maximum price at which copies of statement of accounts shall be sold under sub-section (2) of section 3;

(c)[ the generation, transmission, supply and use of gas; [These clauses and sub-section (3) were inserted by Born 13 of 1950, Section 7.]

(d)the maximum amount of the testing charge to be paid to the company under sub-section (2) of section 7D or of section 7H;

(e)the manner of granting new connections under section 7G;

(f)the form of application and the fees to be paid with the application under section 71;

(g)the fees to be paid for the services of the Inspector under section 7K;

(h)the reconnection charges to be paid to the company under sections 7J, 7L and 7N;

(i)the installation, fixing of meters or fittings and their inspection and maintenance;

(j)the inspection of measuring and recording instruments;

(k)any other matter which is to be or may be prescribed.

(3)The power to make rules under this Act shall be subject to the condition of previous publication.]NotificationsThe Bombay Gas (Fixation Of Price Limit) Rules, 1967G. N. J. & L. D., No. GCS.1167/48190-Elec.II,dated 29th August, 1967 (M. G., Part IV-B, pages 2135) - In exercise of the powers conferred by section 6 of the Bombay Gas Supply Act, 1939 (Bombay IX of 1939),and of all other powers enabling it in that behalf in accordance with the recommendations of the Advisory Committee constituted under Government Resolution, Industries and Labour Department, No GCS. 1066/49888-Elec. II, dated the 6th September, 1966 and in supersession of all rules issued in this behalf, the Government of Maharashtra hereby makes the following rules, the same having been previously published as required by sub-section (3) of section 11 of the said Act, namely :-

1. Short title and commencement - (1) These rules may be called the Bombay Gas (Fixation or Price Limit) Rules 1967.

(2)They shall come into force on 1st day of September, 1967.

2. Definitions - In these rules,-

(a)"accounting year" means the period of twelve months for which the Company each year prepares a statement of accounts of its undertaking and renders it to an officer under rule 3 of the Bombay Gas Supply Rules, 1940;

(b)"Act" means the Bombay Gas Supply Act, 1939 (Bombay IX of 1939);

(c)"expenses of the Company" means the expenses incurred by the Company during any accounting year on account of payment of wages or salaries of workmen of the Company including payments made on account of any allowances, provident fund, pension or any payment made to or for the benefit of, its employees under any enactment for the time being in force;

(d)"workmen" means workmen within the meaning of the Industrial Disputes Act, 1947 (14 of 1947).

3. Prescribing maximum price at which gas may be sold by the Company in Greater Bombay. - (1) Subject to the provisions of this rule and rule 4, the price which the Company may charge for the supply of gas to any consumer or class of consumers in Greater Bombay shall not exceed Rs. 6.84 (six rupees and eighty-four paise only per unit of [283.168 cubic metres] [Substituted by G. N. of 7-4-1971.] of gas so supplied.

(2)The price prescribed by sub-rule(1) shall be subject to variation in the events specified hereunder; namely :-

(a)if the cost of production of gas is increased or decreased due to rise or fall in the price of coal or oil (either on account of cost or freight), then-

(i)for every increase of decrease of sixteen paise per tonne in the price of coal, there shall be an addition to, or deduction from, the rate prescribed as aforesaid of one paisa for a unit of [28.3168 cubic metres] [Substituted by G. N. of 7-4-1971.] of gas so supplied;

(ii)for every increase or decrease of ten rupees per kilolitre in the price of oil there shall be an addition to, or deduction from, the rate prescribed as aforesaid of one paisa for a unit of [28.3168 cubic metres] [Substituted by G. N. of 7-4-1971.] of gas so supplied;

(b)if the expenses of the Company are increased or decreased, then for every increase or decrease of fifty thousand rupees in such expenses, there shall be an addition to, or deduction from, the rate prescribed as aforesaid of one paisa for a unit of [28.3168 cubic metres] [Substituted by G. N. of 7-4-1971.] of gas supplied as aforesaid.

4. Increase or decrease in rates to be made only on certificate of auditor. - The price prescribed by rule 3 shall not be increased or decreased as aforesaid, unless an auditor appointed under section 4 of the Act has certified that the cost of production or the expenses of the Company during any accounting year, have when compared, with the cost or expenses during the accounting year immediately preceding, increased or decreased by an amount specified in the certificate; and the total increase or decrease in the cost or expenses or both in any accounting yeas as so certified is not less than five paise per [28.3168 cubic metres] [Substituted by G. N. of 7-4-1971.] of gas supplied as aforesaid.

Explanation.-For the purposes of this rule, the cost of production or expenses means the cost of production or expenses as certified by the auditor aforesaid to be true and correct.G. N., D. D., No. GAS. 1553-F, dated 24th November, 1953 (B G., Part I, pages 12105) - In exercise of the powers conferred by sub-section (1) of section 7-0 of the Bombay Gas Supply Act, 1939 (IX of 1939), the Government of Bombay is pleased to appoint the Joint Director of Industries, Bombay, as Gas Inspector, under the said Act in place of the Deputy Director of Industries as previously notified in Government Notification, Development Department No. Gas. 1552-F, dated 17th November, 1952.G. N., D. D., No. GAS. 1554-F, dated 22nd January, 1955 (B G., Part I, pages 379) - In exercise of the powers conferred by sub-section (1) of section 7-0 of the Bombay Gas Supply Act, 1939 (Bombay IX of 1939), the Government of Bombay is pleased to appoint the Deputy Director of Industries (General), Bombay, as Gas Inspector, under the said Act in addition to his own duties in place of the Assistant Director of Industries (Engineering) as previously notified under Government Notification, Development Department, No. Gas. 1554-F, dated the 20th August, 1954.

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