Law: Electricity Act (IX of 1910)

Section: 11

(a) Electricity Act (IX of 1910) Sched, cl. 11 proviso-- Expression "which shall have effect from such date as may be mentioned therein"-Government may alter rates (of prices charged by licensee for energy supplied) from date even previous to making of order or notification. Where the contention was that the words "which shall have effect from such date as may be mentioned therein" does not confer power on the Government (and in pursuance of order passed by Government, the licensee) to alter from a retrospec tive date the maxima of the price charged by the licensee for the energy supplied to the consumer. Held : Clause 11 of the Schedule to the Electricity Act; 1910, while conferring the power on the Provincial Government to alter the rates imposes a number of restrictions on its exercise. The first is that the alteration has to be in accordance with the recommendation of Advisory Board. The second is that no such alteration can be made unless a period of five years has elapsed to the last revision of maxima. The third is that alteration can be made only after the expiration of seven years from the commencement of the licence. Where none of these conditions have been violated the specific power conferred on the Provincial Government to fix the date from which the altered maxima would be effective is not qualified by any additional restriction. The expression "shall have effect from such date as may be mentioned therein" used in clause 11 of the Schedule to the Electricity Act, 1910 would be rendered wholly redundant if the power to mention a date in the order is understood as limited to fixing a date in future alone, a fact which is implicit in the power itself and required no repetition. The other limita tions on the exercise of this power are indicated in clause 11 itself. If the date mentioned by the Provincial Government does not fall within the period of seven years from the com mencement of the license or within five years of the last revision of maxima and it happens to be a date after the receipt and in accordance with, the recommendation of the Advisory Board, then even though the date so fixed may be earlier than the date…