The Chhattisgarh Government Electrical Undertakings (Dues Recovery) Act, 1961

- ey P s ) 
THE MADHYA PRADESH GOVERNMENT ELECTRICAL 
UNDERTAKINGS (DUES RECOVERY) ACT, 1961 
[No. 36 of 1961] 
. CONTENTS 
Sections 
1.‘ Short title, extent and commencement 
2. Definitions 
3. Billstostate the date by which paymems are to be made and consequences of non- 
payment 
4. Notice of demand for dues and penalty not paid 
5. Suit to challenge liability of payment. 
6. Recovery of dv s etc., |f not Eald 
8. * Recovery of 2 dues 
. Extensxot\bgwfi&l of limitation. " 
Published in MP. ajpatra (Asadharan), dated 9th September, 1961 page 1673. 
614 M.P.  Electricity  Manual 
[Received the assent of the President on the 31st October, 1961; assent first published in ' 
the “Madhya Pradesh Gazette”, dated 17th November, 1961]. 
An Act to extend the period of limitation and to provide for the expeditio - 
recovery of certain sums due to the State Government or to the Madhya 
Pradesh Electricity Board 
- Beitenacted by the Madhya Pradesh Legislature in the Twelfth Yeax of the Republ ic 
of India as follows :- 
1. Short title, extent and commencement.- (1) This Act may be called the Madhy 
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. 
2. Definitions.- In this Act, unless the context otherwise requires- 
"(a) “Board”means the Madhya Pradesh Electricity Board, constituted under secn‘ ; 
S of the Electricity (Supply) Act, 1948 Central Act No. 54 of 1948; 
(b) “dues” means any sum payable to Government electrical undertaking on acco 
of- 
'[(i) Consumption of electrical energy supplied, minimum charges, minimu 
guarantee, special minimum guarantee and surcharge under an agreement or 
otherwise]; or 
(if) any remuneration, rent or other charges for hire, inspection, test, installati 
connection, repair, maintenance or removal of any electric meter, el 
machinery, control gear, fittings, wires, or apparatus for lighting, heal 
E cooling, or motive power or for any other purpose for which electricity ¢z 
or may be used, or any industrial or agricultural machinery operats 
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” means an electrical undertaking, 
controlled either by the State Government or by the Board; and 
(e) “prescribed authority” means any person authorised, whether by virtue of 
or otherwise, by the State Government, by notification, to perform the 
of the prescribed authority under this Act in and for such area, as may be sp ( 
in the notification. 
COMMENTS 
Meaning words “dues” and Government Electrical undertaking”™— The ques| 
whether the Board m be held to be Government electrical undertaking as defined by s 
2(d) of the Act. The argumen! advanced on behalf of the appellant is two fold, in ! 
place it is contended that the Board is not an undertaking and secondly it is urged 
05T Subsmuwd byM P. Act No. 31 0f 1976. This shall be deemed to havefom\ 
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. M.P. Electricity Board. 1980 (II) MPWN 266 at 
page 360. 
‘3. Bills to state date by which payments are to be made and consequences of non- 
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 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. } 
4. Notice of demand 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 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. 
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 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 notwith‘standing. 
(2) For the purpose 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 in receipt of such certificate, proceed to recover from the debtor the amount of the
616 M.P.  Electricity = Manual 
demand as if it were an arrear of land revenue. 
7. Power to make rules.- (1) The State Government may, by notification, make 
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) theform 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 Ai: 
(c) the form and costs of notice of demand, the mode of the service thereof and fi 
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 Prad : 
Legislative Assembly. 
8. Recovery of arrears of dues.- All arrears of dues payable to a Government electrical 
undertaking and outstanding against a debtor at the commencement of this Act shall also 
recoverable in the manner provided for in this Act and the rules made thereunder : 
Provided that in the case of such arrears- 
(i) itshall 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 wh 
such dues were to be paid, in accordance with rules or practice as hxtheno preva 
shall be deemed to be penalty duly prescribed under sub-section (2) of sex 
Provided further that the notice of demand for such arrears of dues and such penal 
contemplated by section 4, or as the case may be, a certificate as required by sub-section 
of section 6 may be issued after the commencement of this Act. 
9. Extension of period of limitation.- Notwithstanding anything in the In 
Limitation Act, 1908 (Central Act No. 9 of 1908), or any other law for the time beil 
force, the period of limitation in respect of any suit filed or that may be filed by or on bel 
of the Board- 
(a) by virtue of sub-section (1) of section 60 of the Electricity (Supply) Act, 1 
(Central Act No. 54 of 1948) for the recovery of any dues which have accr 
before the date of the first constitution of the Board shall be, and shall alway‘ X 
deemed to have been six years from the date of the first constitution of the Bo: 
(b) for the recovery of any dues accruing after the date of the first constitution 
- Board, slu‘ll be and shall always be deemed to have been three years from the. 
from which the period of limitation began or would begin to run under th 
Act against a like suit by a private person or five years from the date of the firs! 
e constitution of the Board, whichever period expires later. i

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