The U.P. Govt Electrical Undertakings (Dues Recovery) Act, 1958

  
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mRrj izns’k ljdkjh fctyh&O;olk;&laLFkk 
¼ns;ksa dh olwyh½ vf/kfu;e] 1958 
¼mRrj izns’k vf/kfu;e la[;k 16] 1958½ 
 
THE UTTAR PRADESH GOVERNMENT  
ELECTRICAL UNDERTAKINGS (DUES  
RECOVERY) ACT, 1958  
(U.P. Act No. XVI of 1958) 
 
 
34 
 THE UTTAR PRADESH GOVERNMENT ELECTRICAL 
UNDERTAKINGS (DUES RECOVERY) ACT, 19581 
[U. P. ACT No. XVI OF 1958] 
 Amended by  
U. P. Act no. XXVII of 1963 
U. P. Act no. XXXVI of 1974 
U. P. Act no. 12 of 1983 
 [Passed in Hindi by the Uttar Pradesh Legislative Assembly 
on February 10, 1958 and by the Uttar Pradesh Legislative Council 
on March 25, 1958. 
Received the assent of the President on May, 8, 1958, under 
Article 201 of the Constitution of India and was published in the 
Uttar Pradesh Gazette Extraordinary, dated May 12, 1958.] 
 AN 
ACT 
to provide for expeditious recovery of Government dues for 
the supply of electrical energy by Government undertakings 
 WHEREAS it is expedient to make provision for expeditious 
recovery of dues for the supply of energy by Government under 
takings; 
It is hereby enacted as follows in the ninth year of the 
Republic of India ; 
Short title, 
extent and 
commencement 
1. (1) This Act may be called the Uttar Pradesh Government 
Electrical Undertakings (Dues Recovery) Act, 1958. 
(2) It extends to the whole of Uttar Pradesh.  
(3) It shall come into force at once.  
Definition 2.  In this Act, unless there is anything repugnant in the subject 
or context — 
2[ (a) “Consumer” means any person who is supplied with energy 
by a Government electrical undertaking  whether for his own 
consumption or in connection with his business of supplying energy or 
otherwise ; ] 
 (b) “Prescribed authority” includes any person authorized as 
such by the State Government, by notification in the official Gazette, to 
perform the functions of a Prescribed Authority under this Act for such 
area as may be specified in the notification ; 
 (c) “Government Electrical Undertakings” includes the Kanpur 
Electric Supply Administration and such other electrical undertakings  
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1.  For Statement of Objects and Reasons see Uttar Pradesh Gazette Extraordinary, dated January 30, 1958. 
2.  Subs. by s. 9 (i) of U. P. Act No. 36, 1974 and be deemed always to have been substituted.  
[The Uttar Pradesh Government Electrical Undertakings (Dues Recovery) Act, 1958] 
36 
 run or controlled by the State Government or the Board as may be 
notified in this behalf ; 
(d) “State Government” means the Government of Uttar Pradesh; 
and   
 (e) “Board” means the “State Electricity Board” constituted under 
section 5 of the Electricity (Supply) Act, 1948, as amended from time to 
time.  
Notice of 
demand or 
dues not paid 
3.  Where any dues [including the amount of security payable 
1[under Schedule VI to the Indian Electricity Act, 1910 or under section 
47-A] of the Electricity 2[(Supply) Act, 1948] are payable by a consumer 
to a Government Elect ricity Undertaking, the prescribed authority may, 
at any time after thirty days from the date on which such dues accrued, 
serve or cause to be served upon the person liable, a notice of demand 
stating the name of the person, the amount payable by him and t he 
undertaking in respect of which it is due.  
 Explanation (1)— The sending of the notice by registered post 
shall be deemed to be sufficient service on the person concerned.  
Explanation (2)— A sum due to a Government Electrical 
Undertaking shall be dee med to have accrued on the expiry of the date 
mentioned in the bill for payment of the dues.   
Suit to 
challenge the 
liability to 
pay dues 
4.  (1) Where a notice of demand has been served on the 
consumer, or his authorized agent, under section 3, he may, if he denies 
his liability to pay the dues or any part thereof, and upon deposit thereof 
with the prescribed authority under protest in writing, institute a suit 
for the refund of the dues or part thereof so deposited.  
 (2) The suit referred to in sub-section (1) may be instituted at any 
time within six months from the date of deposit with the prescribed 
authority in the Court having jurisdiction, but subject to the result of 
the suit the notice of demand shall be conclusive proof of the dues 
mentioned therein.  
Recovery of 
dues 
Application 
of other laws 
and 
agreement 
5.  If the dues for which notice of demand has been served are 
not deposited with the prescribed authority within thirty days from the 
date of service, or such extended period as the prescri bed authority may 
allow, the same together with such costs of recovery as may be 
prescribed shall be recoverable as arrears of land revenue, anything 
contained in any other law or instrument or agreement to the contrary 
notwithstanding.  
Extension of 
period of 
limitation  
3[5-A. Notwithstanding anything in the Indian 4[Limitation Act, 
1963], or any other law for the time being in force, the period of 
limitation  in  respect  of any suit  by or on behalf  of the  Board, for the  
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1.  Inserted by section 9 (ii) of U. P. Act No. 36 of 1974 and  be deemed to have been inserted with effect from 
October 9, 1972.  
2.  Subs. by section 9  of U. P. Act no.  12 of  1983. 
3. Ins. by section 2 of U.P. Act No. xxvii, 1963 and be deemed to have been operative with effect from April 
01, 1959. 
4. Subs. by section 10 of U.P. Act No. 12 of 1983. 
[The Uttar Pradesh Government Electrical Undertakings (Dues Recovery) Act, 1958] 
38 
 
Act IX of 
1908 
recovery of any dues under this Act shall be six years from the date from 
which the period of limitation would begin to run under the Indian 
Limitation Act, 1908, against a like suit by a private person ; 
 
 
 
Act no. LIV 
of 1948 
 
Act no. IX of 
1908 
Provided that the period of limitation for any suit filed by the 
Board by virtue of sub-section (1) of section 60 of the Electricity (Supply) 
Act, 1948, for the recovery of any due s accruing before the date of the 
first constitution of the Board, shall be the same as provided in Article 
149 of the First Schedule to the Indian Limitation Act, 1908, but not 
exceeding six years from the first constitution of the Board. ] 1  
Power to 
make rules 
6.  (1) The State Government may, by notification in the official 
Gazette, make rules for carrying out the purposes of this Act.  
(2) In particular and without prejudice to the generality of the 
foregoing provisions, such rules may provide for all  or any of the 
following matters, namely — 
 (a) the form of notice and the manner in which it may be 
served; 
(b) the costs of the notice of demand and the costs of 
recovery ; 
(c) any other matter which has to be, or may be, prescribed.  
 
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1.   Added by section 2 of U. P. Act No. XXVII, 1963 and be deemed to have been operative with effect from 
April 1, 1959. 
 
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