The Karnataka Electricity Board (Recovery of Dues) Act, 1976

THE KARNATAKA ELECTRICITY BOARD (RECOVERY OF DUES) ACT, 1976

(1) This Act may be called the Karnataka

¹ Substituted by Act 27 of 2001 w.e.f. 10.1.2002.

1[Power Transmission Corporation] (Recovery of Dues) Act, 1976.

1. (2) It extends to the whole of the State of Karnataka.
2. (3) It shall come into force on such 1[date] as the State Government may, by notification appoint.

1. Act came into force w.e.f. 22.6.1979 by notification No. PWD 158 EEB 76, dated: 22.6.1979.

(1)

1[Power Transmission Corporation] constituted under section 5 of the Electricity (Supply) Act,

¹ Substituted by Act 27 of 2001 w.e.f. 10.1.2002.

1948 (Central Act 54 of 1948);

1. (2) ''dues'' means any sum payable to the 1[Karnataka Power Transmission Corporation] 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 ; 1[Explanation.- Any sum payable to the Karnataka Electricity Board (hereinafter referred to as the Board) under the Act, prior to the date of effective date of first transfer of property, any interest in property or any rights and liabilities of the Board to the Karnataka Power Transmission Corporation in accordance with section 14 of the Karnataka Electricity Reforms Act, 1999, shall be deemed to be the dues payable to the Karnataka Power Transmission Corporation for the purpose of this Act.]
2. (3) ''debtor'' means a person by whom any dues are payable;
3. (4) ''prescribed authority'' means any person 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.

¹ Substituted by Act 27 of 2001 w.e.f. 10.1.2002.

of non-payment.- (1) Every bill for dues payable to the

¹ Substituted by Act 27 of 2001 w.e.f. 10.1.2002.

1[Karnataka Power Transmission Corporation] by a debtor shall be in the prescribed form and shall specify conspicuously the date by which such dues are to be paid.

1. (2) If the dues are not paid by such date, the debtor shall be liable to pay in addition thereto such penalty, as may be prescribed, 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 Act.

Where the dues are not paid by a debtor by the date specified in the bill therefor, 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.

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 costs or any part of any of them, institute a suit within six 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.

(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 prescribed authority may from time to time allow; the debtor shall be deemed to be in default in respect of such amount and the same shall be recoverable as an arrear of land revenue notwithstanding anything to the contrary contained in any other law or instrument or agreement.

1. (2) For the purpose of such recovery, the prescribed authority may forward to the Deputy Commissioner having jurisdiction a certificate under his signature in the prescribed form stating the amount and details of the demand and the name and description of the debtor in default and the Deputy Commissioner shall on receipt of such certificate, proceed to recover from the debtor the amount of the demand as if it were an arrear of land revenue.

(1) The State Government may, by notification and subject to the condition of previous publication make rules for carrying into effect the purposes of this Act.

1. (2) Every rule made under this Act, shall be laid, as soon as may be after it is made, before each House of the State Legislature while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if before the expiry of the session in which it is so laid or the sessions immediately following, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under such rule.
   • • * * * NOTIFICATION Bangalore, dated 21st / 22nd June 1979. [No. PWD 158 EEB 76] S.O. 1612.- In exercise of the powers conferred by sub-section (3) of section 1 of the Karnataka Electricity Board (Recovery of Dues) Act, 1976 (Karnataka Act No. 51 of 1976) the Government of Karnataka hereby appoints the 22nd day of June 1979 as the date on which the said Act shall come into force. By Order and in the name of the Governor of Karnataka, W.C. Shadakshara Dev, Under Secretary to Government Public Works and Electricity Department. (Published in The Karnataka Gazette, Part IV- 2C(ii) dated 5-7-1979 at page 1631.) NOTIFICATION No. DE 61 PSR 2001, Bangalore Dated 10 th January, 2002. In exercise of the powers conferred by sub-section (2) of section 1 of the Karnataka Electricity Board (Recovery of Dues) and other Law (Amendment) Act, 2001 (Karnataka Act No.

27 of 2001) the Government of Karnataka hereby appoints the 10th day of January 2002 to be the date on which all the provisions of the said Act shall come into force. By Order and in the name of the Governor of Karnataka, B.K. Srinivasa Rao Under Secretary to Government Energy Department. (Published in The Karnataka Gazette, Part IV-A Extraordinary No. 494 dated 4.4.2002.)