The Haryana Government Electrical Undertakings (Dues Recovery) Act,1970 (29 of 1970)

Regd. No. f'725r.
4. 6. 1 1 M M P I I M P I E M M I I I M M I N . • • • • • • • • . .
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EXTRAORDINAR
Published by Author'tlf
CHANDIGARH, TUESDAY, OCTOBER 27, 1970
(KARTIKA 5, 1892 SAKA)
Part I
LEGISLATIVE SUPPLEMENT
• CONTENTS
Acts
Pages
The Haryana Government Electrical Under-
takings (Dues Recovery) Act, 1970 • • 6 7 - 7 0
Part II Ordinances
Nil
Part III Delegated Legislation
Nil
Part IV Correction Slips, Republications and Replacements
Nil
Price i 15 Pelee cxliii )

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I :
HARYANA GOVT GAZ. tBXTRA.), OCTOBER 27, 1970 67
(KARTIKA 5, 1892 SAKA)
s
. {. 1, 11 1• I M I N I M I , J• 11
PART !
LEGISLATIVE DEPARTMENT
Notification
The 27th October, 1970
•
No. 37-Leg./70.—The following Act of the Legislature of the State of
Earyana received the assent of the President of India on the 25th October,
1070, and is hereby published for general information
Haryana Act No. 29 of 1970
ITHE HARYANA GOVERNMENT ELECTRICAL UNDERTAKINGS
(DUES RECOVERY) ACT, 1970,
AN
ACT
• to extend the period of limitations and to provide for the expeditiousI ] recovery of certain sums due to the State Government
or to the Haryana State Electricity Board.
, BB it enacted by the Legislature of the State of Haryana in the Twenty-
first Year of the Republic of India as follows : -
1. This Act may be called the Haryana Government Electrical Under- Short
takings (Dues Recovery) Act, 1970.,
-I + ! 2. In this Act, unless there is anything repugnant in the subject or Definitions.
context,—
(a) "Board" means the Haryana State Electricity Board constituted
under section 5 of the Electricity (Supply) Act, 1948 (Central Act
54 of 1948) ;
(b) "Dues" means any sum payable to a Government electrical under-
taking on account of—
(i) consumption of electrical energy supplied, monthly minimum
charges, minimum consumption -guarantee charges and other
charges as may be prescribed by the Board in the Schedule
of General Charges and Schedule of Tariff ;
(ii) any remuneration, rent or other charges for hire, inspection, test,
installation, connection, repair, maintenance, removal, erection
or dismantling of any electric -meter, electric -lines, electric
machinery, control gear, fittings, wires, or apparatus for light-
ing, heating, coiling or motive power or for any other purpose
for which electricity can or may be used, or any industrial
or agricultural machinery operated by electricity ; or
title.
•  -
•

Bill to statedate by
which Pay-
ments are
to he made
and conkquences of
non-pay-
ment.
68 HARYANA GOVT. GAZ. (EXTRA.), OCTOBER 27, 1970
(K ART1TCA 5,1891 SAICA)
(iii) price of any such goods as aforesaid taken on loan but not
returned ;
(1..) "debtor" means a person by whom any dues are payable ;
(d) "Government electrical undertaking" means the Board and such
other electrical undertaking run or controlled by the State
Government or the Board as may be notified by the State Govern-
ment in this behalf ; and
(e) "prescribed authority" means the Chief Engineer of the Board or
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.
3, (1) Every bill for dues payable to a Government electrical undertak-
ing by a debtor shall be in the prescribed form and shall specify conspicuous-
ly the date by which such dues are to be paid.
(2) If the dues aye 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.
Notice of 4. Where the dues are not paid by a debtor by the date specified in the bill
demandfor dues therefor, the prescribed authority may at any time serve or cause to be served
and penalty upon him a notice of demand in the prescribed form, stating the name of the
not paid debtor, the amount payable by him on account of the various dues, penalty
and cOstS of recovery and thc 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.
Suit to
challenge
liability to
Paymetitt,
5. (I ) 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, and 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, institute a suit for
the refund of the dues or part thereof so deposited.
(2) A suit referred to in sub -section (a) 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 cost
mentiotted therein.
Recovery of 6. If the aggregate amount of the various dues, penalty and costs
dues, etc..,if not pa id. mentioned in the notice of demand served under section 4 is not deposited
withihe prescribed authority within sixty days 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, notwithstanding anything
contained inany other law or instrument or agreement to the contrary.

HARYANA qovr: GA-Z. (EXTRA.), OCTOBER 27, 1970 69
(KARTIKA 5, 1891 SAKA)
(2) F or the purpose of 'such recovery, the prescribed authority may for-
, ward to the Collector a certificate under his signature in the prescribed form
stating tlieNamount and details of the demand and the name and description
of the ,debtor i n 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.
7. (/) Th e State Government may, by notification, make rules gene- Power to
rally for carrying out the purposes of this Act. make
rules.
1 ) (2) In tiarticulat 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 fcirrn of the bill for various dues payable by a debtor to a Gov-
ernment electrical undertaking ;
(b) the ,amonnt of scale of penalty payable on non-payment of such
dues, by the 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) Every rule made under this section shall be laid down as soon as
may be after it is made before the House of the State Legislature while it is in
session for a total period of ten days which may be comprised in one session
or in two or more successive sessions, and if, before the expiry of the session
in which it is so laid or the successive sessions aforesaid , the House agrees in
, making any modification in the rule or the House agrees that the rule should
not be made, the rules shall thereafter have effect only in such modified form
or be of no effect, as the case may be; so however, that any such modification
or annulment shall be without prejudice to the validity of anything previously
I done under rule.
• 8. All arrears of the dues payable to a Government electrical undertak- Recovery
l u g and outstanding against a debtor at the commencement of this Act shall of arrears
, also be recoverable in the manner provided for in this Act and the rules °I. dues'
• 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 such dues were to be paid, in accordance with
which rules or practice as hitherto prevailing, shall be de erned
to be penalty duly prescribed under sub -section (2) of section
3 :

70 HARYANA GOVT G A i .(EXTRA.), OCTOBER 27, 1970
` 1 • (1CARTIKA 5, 1891 SAICA)
• 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 aa required by sub -section ( 2 ) of section 6 may be issued after the
commencement of this Act.
9. Notwithstanding anything in the Limitation Act, 1963, or any other Extension
of  Perodlaw, for the :time being in force, the period of limitation in respect of any suit of .i
filed or that may be filed by or on behalf of the Board— tation.
(a) by virtue of sub -section (1) of section 60 and section 60A of the
Electricity (Supply) Act, 1948 (Central Act 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 amount accruing after the date of first
constitution of the Board, shall be, and shall always be deemed to
have been, six years from the time from which the period of limi-
tation began or would begin to run under the said Act against
a like suit by a private person.
SARUP CHAND GOYAL,
Secretary to Government, Haryana,
L egislative Department.
,18839 LR,11)—Govt. Press, Chd.

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