12. Recovery

(1) Where a generating company or captive power plant or Distribution Licensees (for consumers operating at voltage level 33kV and above), which is liable to pay cess in the prescribed time, does not pay such amount of cess within such time limit, that shall be paid by such generating company or captive power plant or Distribution licensees (for consumers operating at voltage level 33kV and above), for the period commencing on the date of expiry of the aforesaid period and ending on the date of payment of the amount of cess, simple interest at the rate as may be prescribed, not exceeding eighteen percent per annum. (2) All sums payable as cess or interest under this Act, if not paid within the prescribed period shall be deemed to be in arrears, and thereupon the amount of cess along with amount of interest to be levied under this Act shall be recoverable. (3) Where any generating company or captive power plant or distribution licensees (for consumers operating at voltage level 33kV and above), is liable to pay any amount on account of this cess, penalty or interest, and it pays amount less than amount due, the amount so paid shall be first applied towards the amount of interest, thereafter the balance, if any, towards penalty and thereafter the balance, if any, towards the amount of cess.