(1) This Act may be called the West Bengal Electrical Undertakings (Recovery of Dues) Act, 2000.
(2) It extends to the whole of West Bengal.
(3) It shall come into force on such date as the State Government may, by notification, appoint.
Short title, extent and commencement.
2. In this Act, unless the context otherwise requires,— Definitions.
(a) "consumer" means any person who is supplied with energy by an electrical undertaking for commercial or industrial purposes at 6 KV and above;
(b) "dues" means any sum payable to an electrical undertaking on account of consumption of energy supplied;
(c) "electrical undertaking" means—
(i) a Generating Company, by whatever name called, formed by the State Government and registered under the I of 1956. Companies Act, 1956, or
(ii) the West Bengal State Electricity Board constituted 54 of 1948. under section 5 of the electricity (Supply) Act, 1948, and includes a licensee as defined in clause (h) of section 2 of 9 of 1910. the Indian Electricity Act, 1910;
281 The West Bengal Electrical Undertakings (Recovery of Dues) Act, 2000.
[West Ben. Act Notice of demand for dues not paid.
Suit to challenge liability to pay dues.
(Sections 3, 4.)
(d) "energy" has the same meaning as in clause (g) of section 2 of the Indian Electricity Act, 1910;
(e) "notification" means a notification published in the Official Gazette;
(0 "prescribed" means prescribed by rules made under this Act;
(g) "prescribed authority" means an officer of an electrical undertaking appointed by the State Government by notification for all or any of the purposes of this Act, and different such officers may be appointed for different electrical undertakings and for different areas;
(h) "works" has the same meaning as in clause (n) of section 2 of the Indian Electricity Act, 1910.
3. Where any dues are payable by a consumer to an electrical undertaking, the prescribed authority may, at any time after the expiry of a period of thirty days from the date within which such dues were payable, serve, or cause to be served, on the consumer or his authorised agent a notice of demand stating the name of the consumer, the amount payable by him and the name of the undertaking to whom the amount is due:
Provided that a notice under this section shall not be served or caused to be served on a consumer for any dues in respect of which a difference or dispute has been referred to the Electrical Inspector under section 24 of the Indian Electricity Act, 1910.
Explanation L—The service of the notice of demand shall be deemed—
(a) to be effected by properly addressing, prepaying and posting by registered post, a letter containing the notice of demand, and
(b) unless contrary is proved, to have been effected at the time at which the letter would be delivered in the ordinary course of post.
Explanation IL—Any dues to an electrical undertaking shall be deemed to be payable within the date specified in the bill in this behalf.