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Citedby 12 docs - [View All]
Vishnupur Electric Supply & ... vs State Of West Bengal And Ors. on 18 August, 1977
Commissioner Of Wealth-Tax, ... vs Andhra Valley Powder Supply Co. ... on 1 December, 1977
S. Bharat Kumar And Others vs Government Of Andhra Pradesh And ... on 16 October, 2000
S.Bharat Kumar And Others. vs Petitioners on 16 October, 2000
Modi Electric Supply Co. vs Commissioner Of Income-Tax on 7 November, 1978

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[Section 5] [Complete Act]
Central Government Act
Section 5(1) in The Indian Electricity Act, 1910
(1) Where the State Government revokes, under section 4, sub- section (1), the license of a licensee, the following provisions shall have effect, namely:-
(a) the State Government shall serve a notice of revocation upon the licensee and shall fix a date on which the revocation shall take effect; and on and with effect from that date, or on and with effect from the date, if earlier, on which the undertaking of the licensee is sold to a purchaser in pursuance of any of the succeeding clauses or is delivered to a designated purchaser in pursuance of sub- section (3), all the powers and liabilities of the licensee under this Act shall absolutely cease and determine;
(b) the State Government shall enquire from the State Electricity Board, and where the licensee is not a local authority, also from any local authority constituted for the area within which the whole of the area of supply is included, whether it is willing to purchase the undertaking;
(c) if the State Electricity Board is willing to purchase the undertaking, the State Government shall, by notice in writing require the licensee to sell, and thereupon, the licensee shall sell the undertaking to the State Electricity Board;
(d) if the State Electricity Board is not willing to purchase the undertaking, the State Government shall have the option of purchasing the undertaking and if it elects to purchase, it shall by notice in writing require the licensee to sell, and thereupon the licensee shall sell the undertaking to it;
1. Subs. by Act 32 of 1959, s. 7, for Ss. 5, 6 and 7.
(e) if the State Electricity Board is not willing to purchase the undertaking and the State Government does not itself elect to purchase it, the State Government in any case where the local authority referred to in clause (b) is willing to purchase the undertaking shall by notice in writing require the licensee to sell and thereupon the licensee shall sell the undertaking to that local authority;
(f) if no sale of the undertaking is effected under any of the foregoing clauses and if any other person is willing to purchase the undertaking, the State Government may by notice in writing require the licensee to sell, and thereupon the licensee shall sell the undertaking to such other person.