[Act
No. 36 of 1961] [31st October, 1961] Received the assent of the President on the 31st October,
1961; assent first published in the "Madhya Pradesh Gazette", dated
the 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)
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)
It
shall come into force at once. In this Act, unless the context otherwise requires,- (a)
"Board" means
the Madhya Pradesh Electricity Board constituted under Section 5 of the
Electricity (Supply) Act, 1948 (Central Act No. 54 of 1948); (b)
"dues" means
any sum payable lo a Government electrical undertaking on account of,- (i)
[1][consumption of electrical energy
supplied, minimum charges, minimum guarantee, special minimum guarantee and
surcharge under an agreement or otherwise;] or (ii)
any
remuneration, 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 purpose for which electricity can or
may be used, 01 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 undertaking" mean an electrical undertaking run or
controlled either by the State Government, or by the Board; and (e)
"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. (1)
Every
bill for dues payable to a Government electrical undertaking by a debtor shall
be in the prescribed form and shall specify conspicuously 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 may 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. 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 upon 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. (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 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 month 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. (1)
If
the aggregate amount of the various dues, penalty and costs mentioned in the
notice of demand 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 notwithstanding. (2)
For
the purposes of such recovery, the prescribed authority may forward to the
Collector a certificate 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 on receipt of such certificate, proceed to
recover from the debtor the amount of the demand as if it were an arrear of
land revenue. (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)
the
amount or scale of penalty payable on non-payment of such dues by due date; (c)
the
form and costs of notice of demand, the mode of the service thereof and the
costs of recovery; (d)
the
form of the certificate under sub-section (2) of Section 6; and (e)
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. 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. Notwithstanding anything in the [2][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)
in
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 constitution of
the Board, shall be and shall always be deemed to have been three years from
the time from which the period of limitation began or would begin to run under
the said Act against a like suit by a private person or five years from the
date of the first constitution of the Board, whichever period expires later. Madhya Pradesh Government Electrical Undertakings (Dues
Recovery) Act, 1961