Section 8 in The Gujarat Electricity Duty Act, 1958
8. Recoveries.
- [(1)] [Renumbered as sub-section (1) by Gujarat 27 of 2005, dated 15th September, 2005 (w.e.f 01-10-2005)] Any sum due on account of electricity duty, if not paid at the time and in the manner prescribed, shall be deemed to be in arrears, and thereupon, such interest (not exceeding, [24 per cent, per annum] [These figures and words were substituted for the figures and words '12 per cent per annum' by Gujarat 4 of 1987, section 2.]) which the State 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 through a civil court or as an arrear of land revenue(a)if the sum was payable under sub-section (1) of section 4, either from the consumer, or, subject to the proviso to the said sub-section, from the licensee, at the option of the State Government.(b)if the sum was payable under sub-section (2) of section 4, either from the consumer or from the person supplying energy free of charge, at the option of the State Government.(c)if the sum was payable under sub-section (5) of section 4 [from the licensee person or as the case may be] [These words were inserted by Gujarat 20 of 1968, Section 5.] from the person who generates energy for his own use.(2)[ Where any sum due on account of electricity duty is collected by the licensee but not paid to the State Government within a period of six months from the due date of payment thereof, such licensee shall also be liable to pay penalty on such sum (not exceeding 12 per cent per annum) as the State Government may, by general or special order fix and the sum together with interest and penalty shall be recoverable either through a civil court or as an arrears of land revenue.(3)Where any sum due on account of electricity duty is paid by the consumer but the interest due thereon is not paid by such consumer within six months from the date of such payment, such consumer shall also be liable to pay penalty (not exceeding 12 per cent per annum) on such sum as the State Government may, by general or special order fix and such sum together with interest and penalty shall be recoverable either through a civil court or as an arrears of land revenue.(4)Where the consumer or, as the case may be, the licensee is liable to pay electricity duty, penalty or interest and he makes payment of an amount which is less than the aggregate of the amount of electricity duty, penalty and interest, the amount so paid shall be first applied towards the amount of interest, thereafter the balance, if any, towards the amount of penalty and thereafter the balance if any, towards the amount of electricity duty.(5)The State Government may, by general or special order, waive the whole or any part of interest or penalty payable under this section in such circumstances, on such terms and conditions and for such period as may be prescribed.] [Sub-sections (2) to (5) inserted by Gujarat 27 of 2005, dated 15th September, 2005 (w.e.f 01-10-2005)]
