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1[(2) On the purchase
of the undertaking, the Contingencies Reserve, after deduction
of the amounts drawn under sub-paragraph (1), shall be handled
over to the purchaser and maintained as such Contingencies
Reserve :
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Provided
that where the undertaking is purchased by the Board or the
State Government, the amount of the Reserve computed as above
shall, after further deduction of the amount of compensation,
if any, payable to the employees of the outgoing licensee
under any law for the time being in force, be handed over
to the Board or the State Government, as the case may be.]
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| 43
of 1961 |
2[VA. (1) There shall be
created a reserve to be called the Development Reserve to
which shall be appropriated in respect of each accounting
year a sum equal to the amount of income-tax and super-tax
calculated at rates applicable during the assessment year
for which the accounting year of the licensee is the previous
year, on the 3[amount of investment allowance]
to which the licensee is entitled for the accounting year
3[under section 32A of the Income Tax Act, 1961] :
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Provided that if in any accounting
year, the clear profit [excluding the special appropriation
to be made under time (va) of clause (c) of sub-paragraph
(2) of paragraph XVII] together with the accumulations, if
any, in the Tariff s and Dividends Control Reserve less the
sum calculated as aforesaid falls short of the reasonable
return, the sum to be appropriated to the Development Reserve
in respect of such accounting year shall be reduced by the
amount of the shortfall.
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(2) Any sum to be appropriated towards the Development Reserve
in respect of any accounting year under sub-paragraph (1),
may be appropriated in annual instalments spread over
a period not exceeding five years from the commencement of
that accounting year.
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(3) The Development Reserve shall
be available only for investment in the business of electricity
supply of the undertaking.
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(4) On the purchase of the undertaking,
the Development Reserve shall be handed over to the purchaser
and maintained as such development Reserve :]
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4[Provided that where
the undertaking is purchased by the Board or the State Government
the amount of the Reserve 5[(whether such amount
is in the form of cash or other assets)] may be deducted from
the price payable to the licensee.]
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6[VI.
(a) The licensee shall provide each year for depreciation
such sum calculated in accordance with such principles as
the Central Government may, after consultation with the Authority,
by notification in the Official Gazette, lay down from time
to time.
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(b) Where in any particular
year depreciation cannot be adjusted against revenues, the
same may be carried over to subsequent years.
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| 23
of 1987 |
(c) The provisions of this paragraph shall apply to the charging
of depreciation for the year in which the Electricity (Supply)
Amendment Act, 1978, comes into force.]
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1Subs.
by Act. 30 of 1966, s. 21, for sub-paragraph (2) (w.e.f 1-4-1966).
2Ins. by Act. 101 of 1956, s.27 (w.e.f. 1-4-1957).
3Subs. by Act 23 of 1978, s.23 for certain words.
4Added by Act 30 of 1966, s.21 (w.e.f. 1-4-1966)
5Ins. by Act.23 of 1978, s. 23.
6Subs. by s.23, ibid., for paragraphs VI, VII,
VII, IX, X and XI
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