Tamil Nadu Electricity Board (Recovery of Dues) Act, 1978
No: 29 Dated: Jun, 19 1978
THE TAMIL NADU ELECTRICITY BOARD (RECOVERY OF DUES) ACT, 1978
(Tamil Nadu Act 29 of 1978)
An Act to provide for the expeditious recovery of certain sums due to the Tamil Nadu Electricity Board.
Be it enacted by the Legislature of the State of Tamil Nadu in the Twenty-ninth Year of the Republic of India as follows: -
1. Short title and extent. - (1) This Act may be called the Tamil Nadu Electricity Board (Recovery of Dues) Act, 1978.
(2) It extends to the whole of the State of Tamil Nadu.
2. Definitions. - In this Act, unless the context otherwise requires, -
(1) "Board" means the Tamil Nadu Electricity Board constituted under section 5 of the Electricity (Supply) Act, 1948 (Central Act LIV of 1948);
(2) "dues" means any sum payable to the Board 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 can 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;
(3) "debtor" means a person by whom any dues are payable;
(4) "prescribed authority" means any person or authority subject to the control of the Board and 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 payment are to be made and consequences of non-payment. - (1) Every bill for dues payable to the Board by a debtor shall be in the form prescribed by the Board and shall specify conspicuously the date by which such dues are to be paid and shall be served in such manner as may be prescribed by rules.
(2) (a) If a debtor disputes his liability to pay the whole or part of the dues specified in the bill referred to in sub-section (1), he may, within such time as may be prescribed, prefer an appeal to the appellate authority to be specified by the Board.
(b) The appellate authority shall, while deciding the appeal, follow such procedure as may be prescribed by rules.
(c) The dues as determined by the appellate authority in the case of an appeal under this sub-section shall be paid by such date as may be specified by the appellate authority.
(3) If the dues as mentioned in the bill under sub-section (1) are not paid by the date specified in the bill, and in the case of an appeal under sub-section (2), the dues as determined by the appellate authority are not paid by the date specified by such authority, the debtor shall be liable to pay, in addition thereto such penalty which may be specified by the Board, 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 Acts.
4. Notice of demand for dues and penalty not paid. - If the dues as mentioned in the bill under sub-section (1) of section 3 are not paid by the date specified in the bill and in the case of an appeal under sub-section (2) of section 3, the dues as determined by the appellate authority are not paid by the date specified by such authority, 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 cost or any part of any of them, institute a suit within three 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 Chairman of the Board may, from time to time, allow, the debtor shall be deemed to be in default in respect of such amount and the same shall, without prejudice to any other mode of recovery, 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 recovery of the amount specified in sub-section (1) as arrear of land revenue, the prescribed authority shall have all the powers of the Collector under the Tamil Nadu Revenue Recovery Act, 1864 (Tamil Nadu Act II of 1864).