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Section 11: Validation

The Kerala Electricity Surcharge (Levy and Collection) Act, 1989State Act of Kerala · Act 22 of 1989

(1) Notwithstanding anything to the contrary contained in any judgment, decree or order of any court, the levy and collection of surcharge by the Board or other licensees on or after the 1st day of October, 1984 and before the 1st day of August, 1988 under the Kerala State Electricity Supply (Kerala State Electricity Board and Licensees Areas) Surcharge Order, 1984 shall be deemed to be, and deemed always to have been validly levied and collected as if the said order was a notified order under section 3 of this Act;

and accordingly—

(a) all acts, proceedings or things done by the Board or other licensees in connection with such levy, collection and remittance of surcharge shall, for all purposes be deemed to be, and deemed always to have been, done or taken in accordance with this Act;

(b) no suit or other proceeding shall be maintained or continued in any court for the refund of any such surcharge; and 8

(c) no court shall enforce a decree or order directing the refund of any such surcharge.

(2) For the removal of doubts it is hereby declared that nothing in subsection (1) shall be considered as preventing any person from claiming refund of any surcharge already paid in excess of the amount due from him under the order referred to in sub-section (1).

Where this provision sits

ActThe Kerala Electricity Surcharge (Levy and Collection) Act, 1989
Section11
Marginal noteValidation
JurisdictionState of Kerala
StatusIn force as published by the source
Judgments citing it1

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