Sec 56 (2) what is the clear mean ?
Kumar Krishan Agarwal Advocate
(Querist) 27 October 2009
This query is : Resolved
Dear learned Friend,
What is the mean of the Sec 56 (2) under Electricity Act 2007 which is as follows:-
Sec 56
2) Notwithstanding anything contained in any other law for the time being in force, no sum due from any consumer, under this section shall be recoverable after the period of two years from the date when such sum became first due unless such sum has been shown continuously as recoverable as arrear of charges for electricity supplied and the licensee shall not cut off the supply of the electricity
Explain it in your own applicable of mind:
adv. rajeev ( rajoo )
(Expert) 28 October 2009
If the consumer neglects to pay the due to the electricity board, board has empowered to disconnect the power supply of the consumer after giving a notice of 15 days, but supply of power will not be disconnected if the due is paid under protest or as security pending disposal of the dispute.
Any due contineously shown can be recovered after period of 2 years from the date of first due, but such due should be shown as continuously as recoverable arrears of charges for elctricity supplied
Raj Kumar Makkad
(Expert) 28 October 2009
The opinion/interpretation of Rajeev is perfect.
H. S. Thukral
(Expert) 28 October 2009
The reference to a charge for electricity due from a person to the licensee or, a generation company occurs in two contexts in the provisions of Section 56. The first context is sub-section (1) of Section 56 in which a neglect to pay a charge for electricity due to a licensee or a generating company can form the basis of a disconnection of supply of electricity if a notice of 15 clear days is given. The second context is sub-section (2) of Section 56 in which the recovery of a sum due from the consumer under the section is restricted to a period of two years from the date when such first became due. The expression "due" is when a bill is raised for the consumption. A sum cannot be said to be due from the consumer unless a bill for the electricity charges is served upon the consumer. Though the liability of a consumer arises or is occasioned by the consumption of electricity, the payment falls due only upon the service of a bill. Thus, for the purposes of sub-section (1) and subsection (2) of Section 56, a sum can be regarded as due from the consumer only after a bill on account of the electricity charges is served upon him. In sub-section (2) of Section 56 an exception is carved out to the principle that no sum due from the consumer shall be recoverable after a period of two years from the date when such sum became due. The exception is that when such sum is shown continuously as recoverable as arrears of charges for electricity supply. In other words, where a bill continues to show the sum recoverable as arrears of charges for electricity supplied, the sum due can fall for recovery even after the expiry of a period of two years.
Theja
(Expert) 28 October 2009
I will explain in a hypothetical sit:
A consumer 'X' has received a notice for the payment of a sum say Rs. 250/- on Jan 1, 2000. Lets think that after sending such notice the Electricity board has not send any notices further, nor has it made any further claim for the sum for two years that is till Dec 31, 2002. Also, it has not shown such as recoverale. In this case, as per exception mentioned by you, the sum cannot be recovered form X and X cannot be held laible for such sum. But, the phrase 'not shown' in the exception has variable interpretations.
If the Board shows that such sum shall be recovered then it may recovered even after two years.
