Section 9 in The Bihar Electricity Supply Undertakings (Acquisition) Act, 1979
9. Deduction from the gross amount.
- The State Government or the Board, as the case may be, 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 mentioned 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 State Government;(e)the amount, if any, equivalent to the loss sustained by the State Government or the Board as the case may be,by reason of any property or rights belonging to the undertaking not having been handed over to the State Government, or the Board, as the case may be, the amount of such loss being deemed to be the amount which might have been realised by the State Government or the Board, as the case may be, if the property or rights had been handed over on the vesting date;(f)the amount of all loans due from licensee to any financial institutions, constituted by or under the authority of the State Government and arrears of 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:Provided that the security deposit of the consumers shall be with the State Government or the Board, as the case may be, and shall be treated as such as provided under the relevant Electricity Acts and Rules;(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;(i)the amounts remaining in Tariffs and Dividend Central Reserve, Contingencies Reserve and the Development Reserve ;(j)the amount, if any, as specified in sub-sections (2) and (3) of Section 11;(k)the amount, if any, relating to debts, mortgages or obligations, as mentioned in the proviso to sub-section (2) of Section 7 ;(l)in respect of either the employer's or the employees' contribution realised by the employer under the Employees' Provident Fund Act, 1952, or the Employees' State Insurance Act, 1948 in respect of persons employed in connection with the specified undertakings immediately before the date of vesting that the employers may have failed to pay in accordance with the respective Acts ;(m)all wages or salary, bonus or any other payments of any employee in respect of service rendered to the licensee and any compensation payable to any worker under any provisions of chapter V-A of the Industrial Disputes Act, 1947;(n)all sums due to any employee in respect of provident fund, pension fund or gratuity fund or any other fund established for the welfare of the employees of the licensee ;(o)all sums due in respect of any compensation or liability under the Workmen's Compensation Act, 1923, in respect of the death or disablement of any employee unless such licensee, has, under such contract with the insurer as mentioned in Section 15 of the said Act, rights capable of being transferred and vested in the workmen :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.
