Repealed or not in force · As amended up to 2026-08
40. The powers and duties of the Local Govern- `Functions` . ment under Part I1 shall, when the energy is to be supplied within the limits of any cantonment or of nnaer any fortress, arsenal, factory; dockyard or camp or of oertain PartIIin any building or place in the occupation of Governrnenl to for naval or military purposes, be exercised and beperformed performed by the Governor General in Council. by Oovorl~or General in Council. 41; No suit, prosecution or other proceeding shall Protection lie against any public officer, o r any servant of a ~ ~ local authority, for anything done, or in good faith purporting t o be done, under this .Act.
42. (1) The
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||-lLb8<br>B~ect~ici@.<br>[A~.?IV|
||(PartIT.-Gelae~a2,-Section4 2The flchat52cle,--c|
||Provisionsto be deenzedtobe irnco&po~atedwilh;|
||andto form part 01, every license grantedunder|
||Part11,)|
|Repealaand<br>saving8.|42.(1) The Electricity Act,1887,tbe CalcuttaXIITo <br>Electric Lighting Act, 1896, and the Howrah BridgeLt:FAc|
||Electric Lighting Act, 1902, are hereby repealed:'|
||Provided that nothing in the foregoing provisions of|
||this seotion shall be deemedtoaffect the terms of any|
||license .granted before the oornmencement of thie|
||Act.under the Calcutta Electric Lighting Act, 1896,|
||or any provisions of that Aot. oranyrule made there-|
||.under having reference to any such license.|
||(2)Nothing in this Act shall be deemed toaffect|
||the terms of any other license whioh has been granted|
||or of any agreement whichbasbeen made by.or|
||with the sanotionofthe Qovernment for the supply|
||oruse of electricity before the commencement of|
||this Act.<br>-|
||THE SCHEDULE.|
||PROVISIONSTO<br>BEDEEMEDTOBBINCORPORATED|
||WI'l'H,<br>ANDTOFORM.PARTOF,,EVEK.YLICENSE|
||GRANTEDUNDERPART11.|
||[See section4,swb-sectiola(I),clazcse(f).I|
||Secwrity and aocozlnts.|
|Securi~y for|Securi~y for<br>I.Where the licensee is not a local authority, the|
|exeoutlon<br>worksof<br>lioeneeenot<br>being local<br>authority.|following provisions as to giving security shall apply,<br>namely:-<br>(a)The licensee shall, withinaperiod of six months<br>after the commencement of the license|
||and before exercising any of the powers<br>by the license conferred on him in relation|
||to the execution of works, show, to the satis-|
||faction of the Local Qovernment, that he|
||is in a position fullyandefficientlyto<br>disoharge the duties and obligationsim-|
||posed|
- (Tite'Xdkedu2i.-~rou~fone to
to bs deenaid la be iacbr;
- porated zoith, afide to form part of, every licelase yrl~nled under Pbrt I..)
posed upon him by the license throughout fr9T1' the area of supply.
* `C\` na 2 ~ : :- (b) The lioensee shall also, within six months " after fhe commencement of the lioense `b` `x` &ZA C" , d or within suoh extended period as may be approved by the Local Government and before exer~ising any of the powers conferred on him in relation to the execution of works, deposit or seoure, to the satisfaction of the Local Government, suah sum (if any) as may `ba` fixed by the liaense or, if not sofixed, by the Local Government. (c) The said sum deposited or secured by the licensee under the provisions of this clause sball be repaid or released to him in equal moieties, when and so soon as it may be oertified by an officer appointed by the Local Government in this behalf that amounts equal to the sums so to be repaid or released have been expended by the licensee upon works executed for the purposes of the undertaking, or that _distributing mains have been duly laid down by the licensee in svery street or part of a street in which he is required to lay them down within a limited time, or shall be repaid or released at such earlier dates, and by suoh instalments, as may be approved by the Looal Government.
(d) Where the area of supply includes two or more local areas for which local authorities are oonstituted, the Local Government may require the deposit to be made or the security to be given in respect of such local areas severally, and in that case the deposit or seourity shall be repaid or released separately as to eaoh local area.
Source: India Code