section 53
Recovery of sums recoverable under certain provisions of the Act
The Jammu and Kashmir Electricity Act, 1940Part IV Part IV
Recovery of sums recoverable under certain provisions of the Act.--(1) On failure of any person to pay any sum due from him in respect of the supply of electrical energy, any sum declared to be recoverable and every fee leviable under this Act on the specified date, the Electrical Engineer or any other officer authorised in this behalf by the Electric Department shall cause a writ of demand to be served on the defaulter or delivered at or affixed to his place of residence and addressed by post to such place of residence or any other place where he may be known to reside. A process charge of 25 Paise per writ of demand issued in addition to any postal charges incurred under this section may be added to the arrear claimed as such.
- (2) Arrears of any dues on account of the supply of electrical energy or of any sums declared to be recoverable or of any fees leviable under this Act may be recovered on expiry of 15 days from the date specified for payment in the writ of demand issued under sub-section
- (1) on application to a Magistrate having jurisdiction where the person liable to pay the same is for the time being resident by the attachment and sale of any movable property belonging to such defaulter and within the limits of such Magistrate's jurisdiction. Such attachment and sale shall be made in the same manner as attachment and sale of immovable property in execution of a decree of a Civil Court: Provided that, if any person disputes his liability to pay the arrears of electrical energy charges or fees or disputes the correctness of the amount demanded, he may pay the amount demanded from him under protest in writing and may bring a suit in the Civil Court to contest his liability and for refund of the amount not due from him.
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