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BOMBAY ACT NO. XL OF 1958.1*

[THE BOMBAY ELECTRICITY DUTY ACT, 1958.]

[9* May, 1958.]
 

SCHEDULE II

(See section 3 (1) (b))

(Rates of duty payable by consumers other than those referred to in section
2 (a) (i) and (ii) ).

 

Nature of consumption

Rates of duty

1

2

PART I

(1) For energy consumed by a consumer in respect of premises used for residential purposes or educational purposes—

 

(a) in rural areas

10 paise per unit

(b) in urban areas

20 paise per unit

Explanation.— "Educational purpose" means the purpose of imparting education on the premises of an approved school as defined in clause (2) of section 2 of the Bombay Primary Education Act, ]947, a recognised school or a registered school as defined in clause (9) or, as the case any be, clause (s) of section 2 of the Gujarat Secondary Education Act, 1972, or a University established by any law for the time being in force in the State, or a college affiliated to or, an institution recognised or approved by, such University.

(2) For energy consumed for motive power
by a service undertaking.

15 paise per unit

(3) For energy consumed for the use of—

25 paise per unit

(a) (i) hall or

(ii) auditorium

used for commercial purpose or let out
for any purpose, or

 

(b) (i) Cinema house or

(ii) theatre

 

(4) For energy consumed by

 

1[ * * * * * *]

(b) hotels including residential, restaurants,
eating house and holding and boarding houses

30 paise per unit

(5) For energy consumed by an industrial under taking, not being an undertaking to which item (2) or (4) applies, other than energy consumed in respect of any of its premises used for residential purpose-

 

(a) where am industrial undertaking
consumes high tensing energy.

2[40 paise per unit]

(b) where an industrial undertaking
consumes exclusively law tension energy

5 paise per unit

Explanation I -Any energy consumed by the industrial undertaking for installation of any additional plants, machineries and equipments of such, industrial undertaking shall be construed as energy consumed by such industrial undertaking,

Explanation II.— For the purpose of this Item

(a) "high tension energy" means any energy supplied, the voltage of which exceeds 450 volts under normal condition subject however to the percentage variation allowed by the Indian Electricity Rules, 1956.

(b) "low. tension energy" means any energy supplied-, the voltage.. of which does not exceed 450 voltage under normal conditions subject however to the percentage variation allowed by the rules aforesaid

 

(6) For the, energy consumed in
respect of pumping water for agricultural
irrigation purposes.

3[20 paise per units]

(7) For energy consumed in respect
of any premises not falling under any of
the items (1) to (6) above,

4[70 paise per units]

Explanation. — For the purposes of this Part in determining the units of energy consumed the losses of energy sustained in transmission or transformation by a licensee or any person who generate energy, before supply to a consumer, shall be excluded.

1. Sub-item (a) was deleted by Guj. 7 of 1991, s.4.

  1. These figures and words were substituted for the figures and words "10 paise per unit" by Guj. 8 of 1999, s.8(l).
  2. These figures and words were substituted for the figure and words "3 paise per unit", ibid., s. 8(2).

4. These figures and words were substituted for the figures and words "35 paise
par unit", ibid., s.8(3).

PART II

Where any dispute arises—

(i) whether any undertaking is an industrial un delta king or a new industrial under taking or a service undertaking;

(ii) whether any premises are used by an industrial undertaking for residential purpose or any other purpose;

(iii) as to the item in this Schedule under which any consumption of energy falls}

(iv) where energy is consumed for different purposes as to what portion of consumption is consumed for any particular purpose,

the dispute shall be referred for decision to such authority as the State Government may, by notification in the Official Gazette, specify and different authorities may be specified for different areas of the State. The authority concerned shall, after such inquiry as it deems fit, record its decision.

An appeal shall lie against such decision to the State Government within sixty days from the date of the decision.

Where no appeal is filed against a decision of the authority, the State Government may of its own motion or otherwise within one year from the date of any order passed by the authority call for and examine the record of any proceedings of the authority for the purpose of satisfying itself as to the legality or propriety of any decision or order passed, and as to the regularity of the proceedings of such authority and pass such order thereon as it thinks fit.

The decision recorded by such authority, subject to any appeal to" or revision by the State Government, and the order of the State Government in appeal or revision, shall be final and shall not be called in question in any court.]

 
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