In this Act, unless the context otherwise requires- "(a) “Board”means the Madhya Pradesh Electricity Board, constituted under secn‘ ;
S of the Electricity (Supply) Act, 1948 Central Act No. 54 of 1948;
(b) “dues” means any sum payable to Government electrical undertaking on acco of- '[(i) Consumption of electrical energy supplied, minimum charges, minimu guarantee, special minimum guarantee and surcharge under an agreement or otherwise]; or
(if) any remuneration, rent or other charges for hire, inspection, test, installati connection, repair, maintenance or removal of any electric meter, el machinery, control gear, fittings, wires, or apparatus for lighting, heal E cooling, or motive power or for any other purpose for which electricity ¢z or may be used, or any industrial or agricultural machinery operats electricity; or ] (iii) price of any such goods as aforesaid taken on loan but not returned;
(c) “debtor” means a person by whom any dues are payable;
(d) “Government electrical undertaking” means an electrical undertaking, controlled either by the State Government or by the Board; and
(e) “prescribed authority” means any person authorised, whether by virtue of or otherwise, by the State Government, by notification, to perform the of the prescribed authority under this Act in and for such area, as may be sp ( in the notification.
COMMENTS Meaning words “dues” and Government Electrical undertaking”™— The ques| whether the Board m be held to be Government electrical undertaking as defined by s 2(d) of the Act. The argumen! advanced on behalf of the appellant is two fold, in !
place it is contended that the Board is not an undertaking and secondly it is urged 05T Subsmuwd byM P. Act No. 31 0f 1976. This shall be deemed to havefom\ M.P. Govt. Electrical Undertakings (Dues Recovery) Act, 1961 615 not controlled by the State Government. Both the contentions are rejected. When the Board chosen to supply electrical energy to the consumers, it is acting as an undertaking. The Board which is a statutory body created by the State Government under section 5 of the Indian Electricity (Supply) Act, 1948 is controlled by the State Government. If the dues are payable to the Board by the petitioner are hold to be dues payable to a Government electrical undertaking then under the provisions of the Act for recovery of the due would be attracted.
Everlasting Rubber Works Co. Ltd. Vs. M.P. Electricity Board. 1980 (II) MPWN 266 at page 360.
‘3. Bills to state date by which payments are to be made and consequences of nonpayment.— (1) Every bill for dues payable to a Government electrical undertaking by a debtor shall be in the prescribed form and shall specify conspicously the date by which such dues are to be paid.
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. }