Amendment status not verified — confirm the current text below against the official source.
-In The Electricity (Supply) Act, 1948 (54 of 1948), in its application to the State of Rajasthan, after Sec. 49, the following new sections shall be and shall be deemed always to have been inserted, namely:- “49-A. Power of the Board to revise certain tariffs. – (1) Notwithstanding anything contained in this Act or in any agreement, undertaking, commitment or concessions made, before the first day of April, 1964, by the Rajasthan State Electricity Board or Government of Rajasthan or by the ruler or Government of any covenanting State of Rajasthan, or in any judgment or order of any Court, it shall be lawful for the said Board to revise, from time to time, the tariffs fixed for the supply of electricity to persons other than licensees and to frame uniform tariffs for the purpose of such supply. (2) In revising the tariffs or framing uniform tariffs, under sub- section (1), the said Board shall be guided by the principles set out in Sec. 59 and as respects any period commencing on and from the 16th day of September, 1966, by the principles laid down in sub-sections (2), (3) and (4) of Sec. 49. (3) All such agreements, undertakings, commitments or concessions, are referred to in sub-section (1) shall, in so far as they are inconsistent with the provisions of sub-sections (1) and (2) and to the extent of the tariffs fixed or provisions made therein for such fixation, be void and shall be deemed always to have been void. Explanation. -For purposes of this section and Sec. 49-B, the expression 'covenanting State' shall have the meanings assigned to them by The Rajasthan General Clauses Act, 1955 (Rajasthan Act 8 of 1955). “49-B.Validation of certain tariffs, etc.-Notwithstanding anything contained in the Act or in any agreement, undertaking or concession referred to in sub- section (1) of Sec. 49-A, or in any judgment or order of any Court- (a) Any amount realised, or demand made or created, by the Rajasthan State Electricity Board, or the Government of Rajasthan or the ruler or Government of any covenanting State of Rajasthan, according to the uniform tariffs in force from time to time, for or against any person claiming any special tariffs under any such agreement, undertaking or concession, before the publication in the Official Gazette of the Electricity Supply (Rajasthan Amendment) Ordinance, 1976, shall be deemed to have been validly realised, made or created under this Act as amended by the said Ordinance; (b) No such realisation of amount or making or creation of demand shall be questioned in any Court, and if questioned, the objection shall not be maintained by such Court, merely on the ground that there exists an agreement, undertaking or concession, as aforesaid, fixation special tariffs or providing for fixation of special tariff for the sale of electricity to such person; (c) All suits, applications or proceedings pending on the date of the publication in the Official Gazette of the Electricity Supply (Rajasthan Amendment) Ordinance, 1976, in any Court or before any arbitrator, whether appointed by any Court or by the parties to such agreement shall, in so far as they question the power of the said Board to levy uniform tariffs in accordance with this Act as amended by the said Ordinance or to revise the special tariffs fixed in such agreements, in disregard of the terms of such agreement, abate and any such proceeding before the said arbitrator shall cease to have effect and any such reference for arbitration shall be deemed to have been with drawn from such arbitrator; and (d) No Court shall execute any decree, order or award for the refund of any amount of uniform tariffs recovered by the Rajasthan State Electricity Board or the Government of Rajasthan or the ruler or Government of any covenanting State.”1