ACT 22 OF 1989
THE KERALA STATE
ELECTRICITY SURCHARGE
( LEVEY AND COLLECTION ) ACT,1989
AN
ACT
to provide for the levy and collection of surcharge on
the High Tension and Extra High Tension supplies of energy by the Kerala
State Electricity Board and for the validation of the levy and collection of
surcharge made by the Board during the period from 1984 onwards.
Preamble.-WHEREAS
it is expedient to provide for the levy and collection of surcharge on the
High tension and extra High Tension supplies of energy by the Kerala State
electricity Board and for the validation of the levy and collection of
surcharge made by the Board during the period from 1984 onwards;
BE it enacted in the
Fortieth year of the Republic of India as follows:-
1. Short title,
extent and commencement:- (1) This Act may be called the Kerala Electricity
Surcharge (Levy and Collection) Act, 1989.
(2) It
extends to the whole of the State of Kerala
(3) It
shall be deemed to have come into force on the 1st day of October,1984.
2. Definitions.-
In this Act, unless the context otherwise, requires-
(a)
“Board” means the Kerala State electricity Board constituted
under
section 5 of the Electricity (Supply) Act, 1948 (Central
Act 55 of 1948)
(b) “bulk
supply” means the supply of energy given to,-
(i) a
licensee for the purpose of local distribution in its or in his
area of supply
(ii) a
consumer for industrial or for non-industrial purposes
contracting with a licensee for loads exceeding 50 KVA of
maximum demand; and
(iii) departments of the State or
Central Government or undertakings or institutions owned or controlled by the
State or the Central Government
having a connected load of 50 KVA and above:
(c) “consumer” includes a local
authority, company or other person to whom energy is supplied by a licensee on
payment of charges or otherwise and a licensee or other person who consumes
energy generated by himself, but does not include a licensee to whom energy is
supplied by the Board for supply to others.
Explanation.-
Where any licensee consumes energy generated by himself or supplied to him by
the Board, he shall be deemed to be a consumer in respect of the energy so
consumed except in respect of the energy consumed by him for
Purposes connected with the
construction, maintenance and operation for his generating, transmitting and
distributing systems;
(d) “energy” means electrical
energy;
(e)
“extra high tension supply” means supply of energy at a voltage exceeding
33,000 volts under normal conditions, subject, however, to the percentage
variation indicated in the agreement between the consumer and the Board or
allowed by the Indian Electricity Rules,1956;
(f) “high
tension supply” means supply of energy at a voltage of either 22,000 volts or
11,000 volts under normal conditions, subject, however, to the percentage
variation indicated in the agreement between the consumer and the Board or
allowed by the Indian Electricity Rules, 1956;
(g) “licensee” means-
(i) the Board;
(ii) any
person licensed under Part II of the Indian Electricity Act, 1910 (Central Act
9 of 1910), to supply energy and includes any person who is deemed to
have been so licensed and any other person who has obtained the sanction of the
Government under section 28 of the said Act; and
(iii) the
Government when it is engaged in the business of supplying energy;
(h)
“notified order” means an order notified in the Gazette;
(i)
“prescribed” means prescribed by rules made under this Act.
3. Levy and
collection of Surcharge.- (1) Notwithstanding anything to the contrary
contained in any agreement entered into with any consumer or the conditions of
service agreed to by the Board, the Government may, by notified order provide
for,-
(a) the
levy and collection of a surcharge on all high tension and extra high tension
supplies of energy made by the Board either directly or through other licensees
at such rate not exceeding five paise per unit as may be specified therein;
(b) the
levy and collection of surcharge on energy supplies to the States of Karnataka
and Tamilnadu by the Board, at such rate not exceeding two paise per unit, as
may be specified therein;
(c) the
remittance to the Government, of the surcharge collected by the Board; either
directly or through other licensees, and the amount which can be retained by
the Board or such licensees; by way of collection charges;
(d) the
period within which the surcharge collected by other licensees to be remitted
to the Board and the rate of interest payable by such licensees for belated
remittance, not exceeding twelve per cent per annum.
(2) The
Board or the other licensees receiving from the Board bulk supply of energy
shall collect the price for the energy supplied by them inclusive of the
surcharge leviable under the notified order.
4. Books of
account, etc.- Every licensee shall keep books of account, in the
prescribed form and submit to the Government or to the prescribed officer,
returns in such form and at such times as may be prescribed showing the units
of energy consumed by him or supplied by him to each consumer, as the case may
be, and the amount of surcharge payable thereon and recovered or paid by him
under this Act or showing such other particulars as may be prescribed
5. Inspecting
Officers.- (1) The government may, by notification in the Gazette, appoint
Inspecting Officers to inspect the books of account required to be kept by the
licensees under section 4.
(2) The
Inspecting Officers so appointed shall perform such duties and exercise such
powers as may be prescribed, for the purpose of carrying into effect the
provisions of this Act and the rules made thereunder.
(3) Every
such officer shall deemed to be a public servant within the meaning of section
21 of the Indian Penal Code.
6. Recoveries.-
Any sum due on account of surcharge, if not paid at the time and in the manner
prescribed, shall be deemed to be in arrears, and thereupon such interest not
exceeding twelve per cent per annum which the Government may by general or
special order fix, shall be payable on such sum; and the sum, together with any
interest thereon, shall be recoverable either a Civil Court or as an arrear of
land revenue.
7. Penalties.-
(1) If any licensee fails to keep books of account or to submit returns as
required in section 4, he shall be punishable with fine which may extend to one
thousand rupees.
(2) If
any licensee or other person intentionally obstructs and Inspecting Officer
appointed under section 5 in the performance of his duties or in the exercise
of his powers under this Act or in the rules made thereunder, he shall be
punishable with fine which may extend to one thousand rupees:
Provided that
nothing contained in this section shall render any person liable to be
convicted of an offence in respect of anything done or omitted to be done by
him before the date of publication of the Kerala Electricity Surcharge (Levy
and Collection) Ordinance, 1989 (5 of 1989) in the Gazette.
8. Offences by
companies.- (1) Where an offence under this Act, has been committed by a
company, every person who, at the time the offence was committed, was in charge
of, and was responsible to the company for the conduct of the business of the
company, as well as the company, shall be deemed to be guilty of the offence
and shall be liable to be proceeded against and punished accordingly:
Provided that
nothing contained in this sub- section shall render any such person liable to
any punishment provided in this Act if he proves that the offence was committed
without his knowledge or that he exercised all due diligence to prevent the
commission of such offence.
(2)
Notwithstanding anything contained in sub-section (1), where an offence under
this Act has been committed by a Company and it is proved that the offence has
been committed with the consent or connivance of, or, is attributable to any
neglect on the part of any Director, Manager, Secretary or other Officer of the
Company, such director, Manger, Secretary or other Officer shall also be deemed
to be guilty of that offence and shall be liable to be proceeded against and
punished accordingly.
Explanation.-
For the purposes of this section.-
(a)
‘company means a body corporate and includes a firm or other association of
individuals; and
(b)
‘director’ in relation to a firm means a partner in the firm.
9. Power to make
rules.- (1) The Government may, by notification in the Gazette, make rules
to carry out the purposes of this Act.
(2) In particular and without
prejudice to the generality of the foregoing power, such rules may provide for-
(a) the
time and the manner of payment of surcharge under section 3;
(b) the
form of the books of account required to be kept under section 4;
(c) the
time at which, the form in which, and the officers to whom the returns required
by section 4 shall be submitted;
(d) the
duties and powers of the Inspecting Officers appointed under section 5.
(3) In
making a rule under sub-section (1) or sub-section (2), the Government may
provide that a breach thereof shall be punishable with fine not exceeding one
thousand rupees.
(4) Every
rule made under this Act shall be laid, as soon as may be after it is made,
before the Legislative Assembly which is in session for a total period of
fourteen days which may be comprised in one session or in two successive
sessions, and if, before the expiry of the session in which it is so laid, or
the session immediately following, the Legislative Assembly makes any
modification in the rule or decides 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 that rule.
10. Protection of
action taken in good faith.- No suit, prosecution or other legal proceeding
shall lie against any person for anything which is in good faith done or
intended to be done under this Act or the rule made thereunder.
11. Validation.-
(1) Notwithstanding anything to the contrary contained by 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 Area) Surcharge Order,
1984 shall be deemed to be, and deemed always to have been validity 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
(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 sub-section (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)
12. Repeal and
Saving.- (1) The Kerala Electricity Surcharge (Levy and Collection)
Ordinance, 1989 (5 of 1989), is hereby repealed.
(2)
Notwithstanding such repeal, anything done or deemed to have been done or any
action taken or deemed to have been taken under the said Ordinance shall be
deemed to have been done or taken under this act.