Section 7 in The Goa (Prohibition of Further Payments and Recovery of Rebate Benefits) Act, 2002
7.
/11/2002/LA. - An Act to provide for the prohibition of further payments to and recovery of benefits availed, by certain consumers as 25% rebate under the Indian Electricity Act, 1910 (Central Act 9 of 1910). Whereas the Government had vide a Notification No. 3/24/90-IND-Part (I) dated 30-9-1991, published in the Official Gazette, Series I No. 27 dated 3-10-1991, issued under Section 23 read with Section 51-A of the Indian Electricity Act, 1910 (Central Act 9 of 1910), directed that all industrial Units who apply for availing High Tension or Low Tension power supply on or after the 1st October, 1991, for bonafide industrial activities and certified by the Industries Department, Government of Goa as eligible for concessional tariffs, shall be entitled for a rebate of 25% in the tariffs chargeable under the Government Notification No. 2/20/1986-PS L&D dated 27-6-1988, published in the Official Gazette, Series I, No. 12, dated 28-6-1988, for a period of five years from the date on which the supply of electricity is made available to such units;And whereas subsequently, the Government vide Notification No. 2/23/93-Power dated 15-5-1996 and No. 2/23/1993/Power dated 1-8-1996, published in the Official Gazette, Series I No. II dated 13-6-1996 and the Official Gazette, Series I No. 18 dated 2-8-1996 respectively, first amended and then superseded the aforesaid Notification dated 30-9-1991 thereby enlarging the scope of the said Notification dated 30-9-1991, even though the said Notification dated 30-9-1991 was already rescinded vide Notification No. 2/23/93-Power dated 31-3-1995, published in the Official Gazette, Series I, No. 62 dated 31-3-1995.And whereas the legality, validity and the propriety of the said two Government Notifications dated 15-5-1996 and dated 1-8-1996, issued in respect of 25% rebate to be granted to the Low Tension, High Tension and Extra High Tension industrial consumers, was brought in question in Writ Petition No. 316 of 1998 filed in the Hon'ble High Court of Bombay at Goa;And whereas the Hon. High Court Bombay at Goa vide its Oral Judgement dated April, 19, 23 and 24, 2001, delivered in the said Writ Petition No. 316 of 1998, held that the said Notifications dated 15-5-1996 and 1-8-1996 cannot be termed as Government decisions on account of non-compliance of the Rules of Business framed under Article 166 (3) of the Constitution of India and, that therefore, these decisions are non est and void ab initio, and that the consequential actions based on these Notifications are null and void;And whereas certain consumers had availed of the benefits of rebate under the said Notifications dated 15-5-1996 and 1-8-1996;And whereas it is deemed expedient to prohibit any further payments under the said Notifications dated 15-5-1996 and 1-8-1996 and to recover the benefits already availed of by certain consumers as 25% rebate in terms of the said Notifications.Be it enacted by the Legislative Assembly of Goa in the Fifty-second Year of the Republic of India as follows:-
