Electricity (Supply) Act, 1927

Segregation of authorised undertaking from conjoined business.

41.—(1) Whenever the undertaking of an authorised undertaker is carried on by him in conjunction with or as part of another business owned by him, the Board may, for the purpose of the acquisition or the taking control of such undertaking by it under this Act or for any other purpose arising under this Act, require such authorised undertaker to furnish to the Board within the time (not being less than one month) appointed by it in that behalf a segregation statement within the meaning of this section in relation to such undertaking.

(2) Whenever an authorised undertaker, on being required under this section to furnish to the Board a segregation statement in relation to his undertaking refuses or neglects so to do within the time appointed by the Board in that behalf or furnishes within such time to the Board a segregation statement which, in the opinion of the Board, is unsatisfactory the Board may itself prepare such segregation statement.

(3) If any question or dispute arises between an authorised undertaker and the Board upon any segregation statement prepared by the Board under this section such question or dispute shall be determined by an arbitrator appointed by the Minister on the application of such authorised undertaker or the Board (as the case may be) and such arbitrator shall have power to amend such segregation statement and such segregation statement as so amended shall for the purposes of this section be deemed to be a segregation statement prepared by the Board under this section.

(4) For the purposes of this section, a segregation statement in relation to the undertaking of an authorised undertaker is a statement, in such form as is directed by the Board, showing—

(a) how much or which part of the capital liability of the authorised undertaker represents moneys expended on such undertaking, and

(b) how much or which of the debts and liabilities of the authorised undertaker were incurred on account of such undertaking, and

(c) how much or which of the book debts and other moneys owing to the authorised undertaker are so owing in respect or on account of such undertaking, and

(d) what part or which of the lands, buildings, plant, machinery, chattels, and other property (not being money or security for money) belonging to the authorised undertaker is used for the purposes of such undertaking, and

(e) how much or which of the moneys in hand and of the investments and other securities for money belonging to the authorised undertaker are attributable to such undertaking, and

(f) which of the persons employed by the authorised undertaker are so employed in or for the purposes of such undertaking.

(5) Whenever a segregation statement is furnished by an authorised undertaker or is prepared by the Board under this section in relation to an undertaking, such undertaking shall for the purpose of the acquisition or taking control thereof by the Board under this Act or for any other purpose arising under this Act be deemed to consist and may be treated by the Board as consisting only of such capital liability, debts and liabilities, book debts and other moneys, property, moneys in hand and securities for money, and persons as are stated in such segregation statement to represent moneys expended, to have been incurred, to be owing, to be used, to be attributable, or to be employed (as the case may be) on, or on account of, or in respect of, or to, or for the purposes of such undertaking.