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THE ORISSA ELECTRICITY (DUTY) AMENDMENT ACT, 1992
THE ORISSA ELECTRICITY (DUTY) AMENDMENT ACT, 1992
Orissa Act 19 Of 1992
[Received the assent of the Governor on the 22nd April 1992, first published in an extraordinary issue of the Orissa Gazette, dated the 22nd April 1992]
An Act Further to amend the Orissa Electricity (Duty) Act, 1961.
Be it enacted by the Legislature of the State of Orissa in the Forty-third Year of the Republic of India as follows :—
1. Short title nod Commencement.
(1) This Act may be called the Orissa Electricity (Duty) Amendment Act, 1992.
(2) It shall be deemed to have come into force oil the 1st day of April, 1992.
2. Amendment of Section 3.
In the Orissa Electricity (Duty) Act, 1961 (hereinafter referred to as the principal Act), in section 3,—
(i) for sub-sections (7) and (2), the following sub -section shall be substituted, namely:—
"(1) There shall be levied and paid to the State Government with effect from the 1st day of April, 1992, a duty (hereinafter referred to as the electricity duty), at such rate, not exceeding twenty-five paise per unit, as the State Government may, by notification from time to time, specify on the energy consumed by—
(a) a consumer;
(b) a consumer in respect of energy supplied to him, free of cost, by a licensee or Board, or by any person or licensee other than the Board who generates such energy;
(c) a licensee or Beard in its own premies;
(d) any person, not being a licensee or Board, who generates such energy for his own use or consumption:
Provided that—
(i) different rates of electricity duty may be levied for different categories of consumer or consumption; and
(ii) where energy consumed is billed by the Board on the basis of evaluated energy consumption—
(a) on minimum charges;
(b) in case of defective meters; and
(c) in case of re- metered supply,
there shall be paid electricity duty on the same number of units as Is arrived at by the Board for the purpose of payment of energy charges and at the rate applicable to the category to which the consumer belongs as specified by notification issued under sub-section (1).
(2) All notifications that may be issued by the State Government from time to time under sub-section (1) shall, as soon as may be after they are issued, be laid before the State Legislature for a total period of fourteen days which may be comprised in one or more sessions and if during the said period the State Legislature mates modifications, if any, therein, the notifications shall thereafter have effect only in such modified form, so however, that such modifications shall be without prejudice to the validity of any electricity duty levied or collected under the notifications."; and
(ii) in sub-section (3), for the words "at the rate specified in the Schedule", the words, brackets and figure "at the rate applicable to the category to which the consumer belongs as specified by notification issued under sub-section (1)" shall be substituted.
3. Omission of Schedule.
In the principal Act, the Schedule shall be omitted.
