LexThe KARNATAKA ELECTRICITY BOARD (RECOVERY OF DUES) ACT, 1976
Karnataka · state statute
Open in Lexace · Ask the AI about this act 1
THE KARNATAKA ELECTRICITY BOARD (RECOVERY OF DUES) ACT, 1976
ARRANGEMENT OF SECTIONS
Statement of Objects and Reasons:
Sections:
1. Short title, extent and commencement.
2. Definitions.
3. Bills to state the date by which payment s are to be made and consequences of non-
payment.
4. Notice of demand for dues and penalty not paid.
5. Suit to challenge liability to payment.
6. Recovery of dues, etc., if not paid.
7. Power to make rules.
* * * *
STATEMENT OF OBJECTS AND REASONS
Act 51 of 1976.- Under the existing law relating to the recovery of dues due to the Karnataka
Electricity Board Civil suits have to be filed by t he Board within 3 years from the date of accrual
of such dues. This procedure entails delay and also involves sizeable cost of litigation. There are
at present no provisions for re covery of dues of more than 3 years. The Public Accounts
Committee in its Report for the year 1966, suggeste d that the provisions of law relating to the
conduct of affairs of the Board be examined and ac tion taken for recovery of arrears due to the
Board, as arrears of Land Revenue.
It is, therefore, proposed to undertake legislat ion to enable the electricity Board to recover the
dues due to it from co nsumers as arrears of Land Revenue, which will help it to improve its
finances.
Hence the Bill.
(Published in the Karnataka Gazette (Extraordinary) Part IV-2A dated 14-8-1974, as No. 2592
at page 6.)
II
Act 27 of 2001.- It is considered necessary to amend the Karnataka Electricity Board
(Recovery of Dues) Act, 1976 and the Karnataka Electricity (Taxation on Consumption) Act, 1959
to incorporate the consequential changes necessitated on account of the enactment of the
Karnataka Electricity Reform Act, 1999.
Hence the Bill.
(Vide L.A. Bill No. 16 of 2001 File No. SAMVYASHAE 19 SHASANA 2001)
2
KARNATAKA ACT NO. 51 OF 1976
(First published in the Karnataka Gazette Extraordinary on the Twenty-sixth day of June,
1976).
THE KARNATAKA 1[POWER TRANSMISSION CORPORATION]1 (RECOVERY OF
DUES)
ACT, 1976
(Received the assent of the Governor on the Twenty-third day of June 1976).
(As Amended by Act 27 of 2001)
An Act to provide for the expeditious recovery of certain sums due to the
Karnataka 1[Power Transmission Corporation]1
WHEREAS it is expedient to provide for the expeditious recovery of certain sums due
to the Karnataka 1[Power Transmission Corporation]1;
B E it enacted by the Karnataka State Legislature in the Twenty-seventh Year of the
Republic of India as follows:-
1. Substituted by Act 27 of 2001 w.e.f. 10.1.2002.
1. Short title, extent and commencement.- (1) This Act may be called the
Karnataka 1[Power Transmission Corporation]1 (Recovery of Dues) Act, 1976.
1. Substituted by Act 27 of 2001 w.e.f. 10.1.2002.
(2) It extends to the whole of the State of Karnataka.
(3) It shall come into force on such 1[date]1 as the State Government may, by
notification appoint.
1. Act came into force w.e.f. 22.6.1979 by notification No. PWD 158 EEB 76, dated: 22.6.1979.
2. Definitions.- In this Act unless the context otherwise requires,-
(1) 1[Karnataka Power Transmission Corporation] 1 ''means the Karnataka 1[Power
Transmission Corporation] 1 constituted under section 5 of the Electricity (Supply) Act,
1948 (Central Act 54 of 1948);
1. Substituted by Act 27 of 2001 w.e.f. 10.1.2002.
(2) ''dues'' means any sum payable to the 1[Karnataka Power Transmission
Corporation]1 on account of,-
(i) consumption of electrical energy supplied ; or
(ii) any remuneration, rent or other charges for hire, inspection, test, installation,
connection, repairs, 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 ca n 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 ;
1[Explanation.- Any sum payable to the Karnataka Electricity Board (hereinafter
referred to as the Board) under the Act, prior to the date of effective date of first transfer
of property, any interest in property or any rights and liabilities of the Board to the
Karnataka Power Transmission Corporation in accordance with section 14 of the
Karnataka Electricity Reforms Act, 1999, shall be deemed to be the dues payable to the
Karnataka Power Transmission Corporation for the purpose of this Act.]1
1. Substituted by Act 27 of 2001 w.e.f. 10.1.2002.
3
(3) ''debtor'' means a person by whom any dues are payable;
(4) ''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.
3. Bills to state the date by which payments are to be made and consequences
of non-payment.- (1) Every bill for dues payable to the 1[Karnataka Power Transmission
Corporation]1 by a debtor shall be in the prescribed form and shall specify conspicuously
the date by which such dues are to be paid.
1. Substituted by Act 27 of 2001 w.e.f. 10.1.2002.
(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 the costs of recovery.
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.- 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 within
six months from the date of service of notice of demand, 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. 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 notwithstanding anything to the
contrary contained in any other law or instrument or agreement.
(2) For the purpose of such recovery, the prescribed authority may forward to the
Deputy Commissioner having jurisdiction 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 Deputy Commissioner 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.
4
7. Power to make rules.- (1) The State Government may, by notification and
subject to the condition of previous publication make rules for carrying into effect the
purposes of this Act.
(2) Every rule made under this Act, shall be laid, as soon as may be after it is made,
before each House of the State Legislature while it is in session for a total period of thirty
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 sessions immediately
following, both Houses agree in making any modification in the rule or both Houses
agree that the rule should not be made the rule 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
done under such rule.
* * * *
NOTIFICATION
Bangalore, dated 21st / 22nd June 1979. [No. PWD 158 EEB 76]
S.O. 1612.- In exercise of the powers conferred by sub-section (3) of section 1 of the
Karnataka Electricity Board (Recovery of Dues) Act, 1976 (Karnataka Act No. 51 of 1976) the
Government of Karnataka hereby appoints the 22nd day of June 1979 as the date on which the
said Act shall come into force.
By Order and in the name of the Governor of Karnataka,
W.C. Shadakshara Dev,
Under Secretary to Government
Public Works and Electricity Department.
(Published in The Karnataka Gazette, Part IV- 2C(ii) dated 5-7-1979 at page 1631.)
NOTIFICATION
No. DE 61 PSR 2001, Bangalore
Dated 10th January, 2002.
In exercise of the powers conferred by sub- section (2) of section 1 of the Karnataka
Electricity Board (Recovery of Dues) and other Law (Amendment) Act, 2001 (Karnataka Act No.
27 of 2001) the Government of Karnataka here by appoints the 10th day of January 2002 to be
the date on which all the provisions of the said Act shall come into force.
By Order and in the name of the Governor of Karnataka,
B.K. Srinivasa Rao
Under Secretary to Government
Energy Department.
(Published in The Karnataka Gazette, Part IV-A Extraordinary No. 494 dated 4.4.2002.)