The West Bengal Electrical Undertakings ( Recovery Of Dues ) Act, 2000

GOVERNMENT OF WEST BENGAL 
LAW DEPARTMENT 
Legislative 
West Bengal Act XXVIII of 2000 
THE WEST BENGAL ELECTRICAL 
UNDERTAKINGS (RECOVERY OF 
DUES) ACT, 2000. 
[Passed by the West Bengal Legislature.] 
[Assent of the President of India was first published in the Calcutta 
Gazette, Extraordinary, of the 15th September, 2000.] 
[15th September, 2000.] 
An Act to provide for recovery of dues of electrical undertakings in 
West Bengal. 
WHEREAS it is expedient to provide for recovery of dues of electrical 
undertakings in West Bengal; 
It is hereby enacted in the Fifty-first Year of the Republic of India, by 
the Legislature of West Bengal, as follows:- 
1. (1) This Act may be called the West Bengal Electrical Under-
takings (Recovery of Dues) Act, 2000. 
(2) It extends to the whole of West Bengal. 
(3) It shall come into force on such date as the State Government 
may, by notification, appoint. 
Short title, 
extent and 
commence-
ment. 
2. In this Act, unless the context otherwise requires,— 	 Definitions. 
(a) "consumer" means any person who is supplied with energy 
by an electrical undertaking for commercial or industrial 
purposes at 6 KV and above; 
(b) "dues" means any sum payable to an electrical undertaking 
on account of consumption of energy supplied; 
(c) "electrical undertaking" means— 
(i) a Generating Company, by whatever name called, formed 
by the State Government and registered under the 
I of 1956. 	 Companies Act, 1956, or 
(ii) the West Bengal State Electricity Board constituted 
54 of 1948. 	 under section 5 of the electricity (Supply) Act, 1948, 
and includes a licensee as defined in clause (h) of section 2 of 
9 of 1910. 	 the Indian Electricity Act, 1910; 
281 
The West Bengal Electrical Undertakings (Recovery of Dues) Act, 2000. 
[West Ben. Act 
Notice of 
demand for 
dues not 
paid. 
Suit to 
challenge 
liability to 
pay dues. 
(Sections 3, 4.) 
(d) "energy" has the same meaning as in clause (g) of section 2 
of the Indian Electricity Act, 1910; 
(e) "notification" means a notification published in the Official 
Gazette; 
(0 "prescribed" means prescribed by rules made under this Act; 
(g) "prescribed authority" means an officer of an electrical 
undertaking appointed by the State Government by notifica-
tion for all or any of the purposes of this Act, and different 
such officers may be appointed for different electrical 
undertakings and for different areas; 
(h) "works" has the same meaning as in clause (n) of section 2 of 
the Indian Electricity Act, 1910. 
3. Where any dues are payable by a consumer to an electrical 
undertaking, the prescribed authority may, at any time after the expiry of 
a period of thirty days from the date within which such dues were payable, 
serve, or cause to be served, on the consumer or his authorised agent a 
notice of demand stating the name of the consumer, the amount payable by 
him and the name of the undertaking to whom the amount is due: 
Provided that a notice under this section shall not be served or caused 
to be served on a consumer for any dues in respect of which a difference 
or dispute has been referred to the Electrical Inspector under section 24 of 
the Indian Electricity Act, 1910. 
Explanation L—The service of the notice of demand shall be deemed— 
(a) to be effected by properly addressing, prepaying and posting 
by registered post, a letter containing the notice of demand, 
and 
(b) unless contrary is proved, to have been effected at the time at 
which the letter would be delivered in the ordinary course of 
post. 
Explanation IL—Any dues to an electrical undertaking shall be 
deemed to be payable within the date specified in the bill in this behalf. 
4. (1) Where a notice of demand has been served on the consumer 
or his authorised agent under section 3, he may, if he denies his liability to 
pay the dues or any part thereof, upon deposit of the amount of the dues 
with the prescribed authority under protest in writing within a period of 
sixty days from the date of service of the notice of demand, institute a suit 
in a civil court having jurisdiction for the refund of the dues, or any part 
of the dues, so deposited. 
9 of 1910. 
282 
The West Bengal Electrical Undertakings (Recovery of Dues) Act, 2000. 
XXVIII of 2000.] 
(Sections 5-7.) 
(2) The suit referred to in sub-section (1) may be instituted at any time 
within six months from the date of deposit of the amount of the dues under 
that sub-section. Subject to the result of the suit as aforesaid, the notice of 
demand shall be conclusive proof of the dues stated therein. 
5. If the amount of the dues for which a notice of demand has been 
served under section 3 is not deposited with the prescribed authority within 
the period referred to in sub-section (1) of section 4 or within such 
extended period as the prescribed authority may from time to time allow, 
the consumer shall be deemed to be a defaulter in respect of such amount, 
and such amount together with such penalty for being a defaulter and cost 
of recovery of the dues as may be prescribed, shall notwithstanding 
anything to the contrary contained in this Act or in any other law for the 
time being in force or in any instrument or agreement having effect by 
virtue of any law other than this Act, be recoverable as an arrear of land 
revenue. 
Recovery of 
dues. 
36 of 1963. 	 6. Notwithstanding anything contained in the Limitation Act, 1963, Limitation. 
or in any other law for the time being in force, the period of limitation in 
respect of any suit or proceeding by or on behalf of an electrical undertaking 
for the recovery of any dues under this Act shall be three years from the 
date from which the period of limitation would begin to run under the 
Limitation Act, 1963, against a like suit by a private person. 
7. (1) The State Government may, by notification, make rules 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 notice of demand referred to in section 3 and the 
manner of its service; 
(b) the amount of penalty and the cost of recovery of dues, 
referred to in section 5; 
(c) any other matter which under any provision of this Act is 
required to be prescribed. 
Power to 
make rules. 
    
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