The ASSAM ELECTRICITY CONTROL (EMERGENCY POWERS) A CT, 1947

ASSAM ACT IX OF 194 7 THE ASSAM ELECTRICITY CONTROL (EMERGENCY POWERS) ACT, 1947 (Passed by the Assam Legislature) l Received the assent of the Governor General on the 11th April 1947.] [Published in the Assam Gazette of the 30th April 194 7] An Act to provide for the continuance of control in respect of pro duction, distribution, use and consumption of electrical energy WHEREAS it is expedient to provide for the continuance of the control heretofore exercised in respect of production, distribution, use and consumption of electrical energy. It is hereby enacted as follows :- Short title, 1. (1) This Act shall be called the Assam Electricity extent and Control (Emergency Powers) Act, 1947. commen<;e ment. (2) It extends to the whole of Assam. (3 j It shall come into force at once. 2. The Provincial Government, so far as it appears to Control of production, it to be necessary or expedient for maintaining supplies and distribution, services essential to the life of the community, may by order use and con provide for- sumption of electrical (a ) regulating or prohibiting the production, distri 0 energy. bution, use or consumption of electrical energy ; and (b) any incidental and supplementary matter which it thinks it expedient for the purposes of any such order to provide, including the grant of permits and other documents. Continuance 3. Notwithstanding the expiry of sub-rule (2) of rule 81 of existing orders. of the Defence of India Rules, any order regulating or pro~ hibiting the production, distribution, use or consumption of electrical energy issued under the aforesaid sub-rule before the commencement of this Act and in force in any area imme diately before such commencement, shall continue to be in force in such area and be deemed to be an order made by the Provincial Government under section 2. Penalty for 4. If any person contravenes any orde1· made or ~fo~r~f~~der. d~em~d t~ be made un~er section .2 .he shaH be punisha?le with Impnsonment of either descnptlon for a term wh1ch may extend to three years or with fine or with both. · Savings. 5. The expiration of rule 81 of the Defence of India Rules shall not affect anything done under that rule- or any obligation or liability incurred under any order made under that rule, or affect any penalty or punishment in respect of any contravention of any such order or any investigation or legal proceeding in respect of any such obligation, liability, penalty or punishment as aforesaid ; and any such investigation or legal proceeding may be instituted or continued and any such penalty or punishment may be imposed as if the said rule 81 had not expired. [ Price 1 anna or ld.] --- 2 .Effect ?f 6. Any order made or deemed to be made under ~rder mc~mh· section 2 shall have effect notwithstanding anything o s1 th st e e r n t e w na it c t· I. nconsi. stent t h erew1 · t h contam · e d m · t h e I n d. I an El ectn · c 1" t y Act IX of ments. Act, 1910, or any other enactment (other than this Act) 1910. or in any instrument having effect by virtue of any enactment other than this Act. Delegation of 7. The Provincial Government may by order direct that powers. any power conferred on it by section 2 shall, in such circumstances and under such conditions, if any, as may b~ specified in the direction, be exercised by any officer or authority subordinate to it. Saving as to 8. (1) No order made or deemed to be made m exer orders. cise of any power conferred by or under this Act shall be called in question in any Court. (2) Where an order purports to have been made and signed by any authority in exercise of any power conferred by or under this Act, a Court shall, within the meaning of the Indian Evidence Act, 1872, presume that such order was Act I of so made by that authority. "1872 Pr~tection of 9. (1) No suit, prosecution or other legal proceeding actdion taken shall lie against any person for anything which is in good A un c t. e r th1s 1r a1· t h d one or m · ten d e d to b e d . one m · pursuance o f t h J · S A ct or any order made or deemed to be made thereunder. (2) No suit or other legal proceeding shall lie against the Crown for any damage caused or likely to be caused by anything in good faith done or intended to be done in 0 pursuance of this Act or any order made or deemed to he made thereunder. A. G. P. (Leg.) No. 9-750+25-i-7-1947,