• . ~--_. - -,_.. , t-'~6'" -.....,;.J Sections
For Statements of Objects and Reasons, see Madhya Pradesh Bill No. 28 of 1961. Published in MP Rajpatra (Asadharan), dated 9th September, 1961, page 1673.
Short title, extent and commencement Definitions
Bills to state the date by which payments are to be made and consequences of non- payment
Notice of demand for dues and penally not paid
Suit to challenge liability of payment
Recovery of dues etc., if not I?aid
Power to ma~ rules
i* Recovery of arrears of dues
Extension of period of limi,tation.
THE MADHYA PRADESH GOVERNMENT ELECTRICAL
UNDERTAKINGS (DUES RECOVERy) ACT,1961' [No. 36 of 1961]
CONTENTS
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614 M.P. Electricity Manual {Received the assent ofthe Presidelll on the 31st October, 1961,. asselll first published in the "Madhya Pradesh Gaulle", dated 17th November, 1961].
An Act to extend the period of limitation and to provide for the eXpeditious recovery of certain sums due to the State Government or to the Madhya Pradesh Electricity Board
Be it enacted by the Madhya Pradesh Legislature in the Twelfth Year of the Republic of India as follows :-
1. Shorf tiJle, exient and comniencem~nt.-(1) This Act may be called the Madhya Pradesh Government Electrical Undertakings (Dues Recovery) Act, 1961.
(2) It extends to the whole of the State of Madhya Pradesh. (3)}t shall come into force at once.
•2. DerllliJiorls.- In this Act, unless the context otherwise requires- (aj "Board" means the Madhya Pradesh Electricity Board, constituted under section 5 of the Electricity (Supply) Act, 1948 Central Act No. 54 of 1948; ib) "dues" means any sum payable to Government electrical undertaking on account of-
'[(i) Consumption of electrical energy supplied, minimum charges, minimum guarantee, special minimum g~arantee and surcharge under an agreement or otherwise]; or
(ii) any remunerati~n, rent or other charges for hire, inspection, test, installation, connection, repair, maintenance or removal of any electric meter, electric machinery, control gear, fittings, wires, or apparatus for lighting, heating, cooling, or motive power or for any other pUTJX>se for which electricity can or may be used, or any industrial or agricultural machinery operated by electricity; or
(iii) price of any such goods as aforesaid taken on loan but not returned;
(c) "debtor" means a person by whom any dues are payable;
(d) "Government electrical undertakipg" means an electrical undertaking run or controlled either by the State Government or by the Board; and Ie) "prescribed authority" means any person authorised, whether by virtue of office or otherwise, by the State Government, by notification, to perform the functions of the prescribed authority under this Act in and for such area, as may be specified in the notification.
COMMENTS
Meaning words "dues" and Government Electrical undertaking"- The question is whether the Board C3l' be held to be Government electrical undertaking as defined by section 2(d) of the Act. The 1rgument advanced on behalf of the appellant is two fold, in the first place it is (Xlntended that the Board is not an undertaking arid secondly it is urged that it is
1. Substituted by M.P. Act No. 31 of 1976. This shall be deemed to have form part oftJie Principal Act. .
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M.P. Govt. Electrical Undertakings (Dues Recovery) Act, 1961 615 not controlled by the State Government. Both the contentions are rejected. When the Board chosen to supply electrical energy to the consumers, it is acting as an undertaking. The Board which is a statutory body created by the State Government under section 5 of the Indian Electricity (Supply):Act, 1948 is controlled by the State Government. If the dues are payable to the Board by the petitioner are hold to be dues payable to a Government electrical undertaking then under the provisions of the Act for recovery of the due would be attracted. Everlasting Rubber Works Co. Ltd. Vs. MP. Etectricity Board. 1980 (II) MPWN 266 at page 360. -
.3. Bills to state date by which payments are to be made and consequences ofnon- payment.- (1) Every bill for dues payable to a Government electrical undertaking by a debtor shall be in the prescribed form and shall specify conspicously the date by which such dues are to be paid.
2) If the dues are not paid by such date, the debtor shall be liable to pay in addition thereto such penalty, as m'ay be prescribed and such dues and penalty shall be recoverable
along with the costs incurred in making such recovery, in the manner hereinafter laid down in this Act.
4. Notice ofdemand for dues and penalty not paid.- Where the dues are not paid by a debtor by the date specified in the bill therefor, the prescribed authority may at any time
serve or cause to be served ulxJn him a notice of demand in the prescribed form, stating the
name of the debtor, the amount payable by him on account of the various dues, penalty and costs of recovery and the undertaking to which it is payable.
Explanation.- The sending of the notice by registered post shall be deemed to be
sufficient service on the person concerned.
5. Suit to challenge liability to payment.- (1) Where a notice of demand has been
served on the debtor or his authorised agent under section 4, he may, if he denies his liability
to pay the dues, penalty or costs or any part of any of them, institute a suit after depositing with the prescribed authority the aggregate amount specified in the notice of demand under protest in writing that he is not liable to pay the same within three months of the date of the
service of the notice of demand.
(2) A suit referred to in sub-section (1) may be instituted in a civil court of competent jurisdiction at any time within six months from the date of deposit with the prescribed authority and subject to the result of such suit, the notice of demand shall be conclusive proof of the
various dues, penalty and costs mentioned therein.
6. Recovery of dues, etc., if not paid.· (1) If the aggregate amount of the various
dues, penalty and costs mentioned in the notice of de«1and served under section 4 is not
deposited with the prescribed authority within three months of the date of such service or such extended period as the prescribed authority may from time to time allow, the debtor shall be deemed to be in default in respect of such amount and the same shall be recoverable
as an arrear of land revenue anything contained in any other law or instrument, or agreement
to the contrary notwi~standing. ..
(2) For the purpose of such recovery, the prescribed authority may forward to the Collector a cert.ificate under his signature in the prescribed form stating the amount and details of the demand and the name and description of the debtor in default and the Collector shall in receipt of such certificate, proceed to recover from the debtor the amount of the
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616 M.P. ELectricity
demand as jf it were an arrear of land revenue.
Manual
7. Power to make rules.- (1) The State Government may, by notification, make rules generally for carrying out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely :-
(a) the form of the bill for various dues payable by a debtor to a Government electrical undertaking;
(b)
(c)
(d)
(e)
the amount or scale of penalty payable on non-payment of such dues by due date; the form and costs of notice of demand, the mode of the service thereof and the ,
costs of recovery;
the form of the certificate under sub-section (2) of section 6; and any other matter which has to be or may be prescribed.
(3) All rules made under this Act shall be laid on the table of the Madhya Pradesh Legislative Assembly.
8. Recovery ofarrears ofdues.- All arrears of dues payable to a Government electrical undertaking and outstanding against a debtor at the commencement of this Act shall also be
recoverable in the manner provided for in this Act and the rules made thereunder:
Provided that in the case of such arrears-
(i) it shall not be necessary to issue a bill as contemplated by section 3; and
(ii) any penalty chargeable for the non-payment of such arrears on the date by which
such dues were to be paid, in accordance with rules or practice as hitherto prevailing,
shall be deemed to be penalty duly prescribed under sub-section (2) of section 3:
Provided further that the notice of demand for such arrears of dues and such penalty as contemplated by section 4, or as the case may be, a certificate as required by sub-section (2) of section 6 may be issued after the commencement of this Act.
9. Extension of period of Iimitation.- Notwithstanding anything in the Indian Limitation Act, 1908 (Central Act No.9 of 1908), or any other law for the time being in force, the period of limitation in respect of any suit filed or that may be filed by or on behalf of the Board-
(a) by virtue of sub-section (1) of section 60 of the Electricity (Supply) Act, 1948 (Central Act No. 54 of 1948) for the recovery of any dues which have accrued before the date of the first constitution of the Board shall be, and shall always be deemed to have been six years from the date of the first constitution of the Board;
(b) for the recovery of any dues accruing after the date of the first consti!ution of the Board, sh,1I be and shall always be deemed to have been three years from the time from whicl, the period of limitation began or would begin to run under the said Act against a like suitby a private person or five' years from the date of the first constitution of the Board, whichever period expires later.
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