(1) This Act may be called the Madhya Pradesh Government Electrical Undertakings (Dues Recovery) Act, 1961.
(2) It extends to the whole of the State of Madhya Pradesh.
(3)}t shall come into force at once.
•2. DerllliJiorls.- In this Act, unless the context otherwise requires- (aj "Board" means the Madhya Pradesh Electricity Board, constituted under section 5 of the Electricity (Supply) Act, 1948 Central Act No. 54 of 1948;
ib) "dues" means any sum payable to Government electrical undertaking on account of- '[(i) Consumption of electrical energy supplied, minimum charges, minimum guarantee, special minimum g~arantee and surcharge under an agreement or otherwise]; or
(ii) any remunerati~n, rent or other charges for hire, inspection, test, installation, connection, repair, 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 pUTJX>se 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;
(c) "debtor" means a person by whom any dues are payable;
(d) "Government electrical undertakipg" means an electrical undertaking run or controlled either by the State Government or by the Board; and Ie) "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.
COMMENTS Meaning words "dues" and Government Electrical undertaking"- The question is whether the Board C3l' be held to be Government electrical undertaking as defined by section 2(d) of the Act. The 1rgument advanced on behalf of the appellant is two fold, in the first place it is (Xlntended that the Board is not an undertaking arid secondly it is urged that it is
1. Substituted by M.P. Act No. 31 of 1976. This shall be deemed to have form part oftJie Principal Act. .
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. MP. Etectricity Board. 1980 (II) MPWN 266 at page 360. - .3. Bills to state date by which payments are to be made and consequences ofnon payment.- (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 m'ay 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.