M.Y.EQBAL, J. - (1.) HEARD Mr. M.S. Mittal, learned counsel for the petitioner and Mr. Delip Jerath, learned counsel for the respondent -Board.
(2.) THE only question that falls for consideration is as to whether petitioner Industrial Unit is entitled to the benefits of Industrial Policy 1995 in the matter of exemption from payment of AMG Charges for a period of five years. The facts of the case lie in a narrow compass : The petitioner setup an industry of cement manufacturing Unit. It applied to the Department of Industries for grant of Industrial License under the Small Scale Industries (SSI Sector). Petitioner also applied for electric connection of 100 KVA and the Electrical Executive Engineer, Giridih accorded sanction vide letter -dated 14.1.2000 for the supply of electricity. After completed all the requirements and formalities including execution of agreement electric connection was energized on 6.12.2000. Petitioner said to have started commercial production with effect from 18.1.2000. In June 2001, petitioner was served with a bill of AMG charges for the period 2000 -01. Petitioner challenged those bills by filing writ petition being WPC No. 2946 of 2001, which was disposed of on 27.1.2003 by this Court with a direction to the petitioner to file representation before respondent No. 2, General Manager -cum -Chief Engineer, Hazaribagh stating inter alia that under Clause 9.6 of 1995 Industrial Policy, petitioner Unit is entitled to exemption from payment of AMG Charges for five years. The General Manager -cum -Chief Engineer by order dated 21.3.2005 disposed of the representation and held that petitioner is not entitled to exemption from payment of AMG Charges on the ground that in terms of provisions laid down in the Board 'sLetter No. 652 dated 11.10.1996 the benefit was available only to those Units which came into production in between 1.4.1993 to 31.8.2000. The General Manager also held that electric connection was given in the Unit only on 6.12.2000 and as per the certificate issued by the General Manager, petitioner -Unit came in production only on 18.1.2001. Petitioner also challenged the order dated 21.3.2005 passed by General Manager -cum -Chief Engineer rejecting the claim of the petitioner for grant of exemption from payment of AMG Charges.
(3.) THE erstwhile State of Bihar came out with an Industrial Policy in the year 1995 known as 1995 Industrial Policy. By the said Industrial Policy the State of Bihar desired to give impetus to the Industrial Units within certain specified time period by issuing notification. By Clause 9.6 of the Industrial Policy the Government desired to give exemption besides other from payment of AMG Charges for new industrial Unites having connected load of 500 KVA. The State of Bihar vide notification dated 3.9.1996 issued under Sec. 78 -A of the Electric (Supply) Act decided to exempt from levy of Minimum Guarantee Charges for a period of five years to those industrial unit which came into production between 1.9.1995 to 31.8.2000.;