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IX.Legal |
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| 1. |
Recovery
of arrears from the consumers and procedure for
filing civil suits. |
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The
following instructions in regard to the procedure
for the civil suits to be filed for the recovery
of arrears outstanding against the consumers
should be followed by the officers of the Board:
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| i) |
Suits
are to be filed in the name of the maharashtra
State Electricity Board, Bombay.
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| ii) |
The
lowest Civil Court will have jurisdiction. In
Government matters, the Senior Court have the
jurisdiction, but, the Board not being a
Government
department the Civil Court having the lowest
jurisdiction as for example, a Court of the
Civil Judge, Junior Division will have
the jurisdiction to entertain the suits upto
Rs. 10,000/- or any such amount as fixed for
the local Courts.
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| iii) |
The
officer concerned must be vigilant and see that
the arrears are not time-barred being beyond
three Years from the date of
accural of the
cause of action. In respect of recovery of the
past arrears of grid or Government time over
3 yars old, the the
expenditure should
not as far as possible be incurred by filing
Civil suits for the recovery thereof. Efforts
should, however, be
made as far as
possible to try and recover such arrears by
extra legal measures i.e., by correspondence,
personal contacts and disconnections.
Where these arrears remain unrecovered and unrecoverable
in spite of the efforts, as stated above, reports
should
be submitted to the competent authority for
such action as may be considered suitable.
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| iv) |
Governement
Resolution No. 19370-C dated 28.8.1956 and the
instructions contained in circular No. E-3542
dated: 21.9.1956
should be followed
and the Local Government Pleaders should be
engaged accordingly.
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| v) |
A
copy of the Government Notification constituting
the Maharashtra State Electricity Board, whenever
necessary should be funished to the Government
Pleaders.
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| vi) |
The
Board has delegated powers to the Executive
Engineers or officers of an equivalent rank
to initiate proceeding and file and
sign the vakalatnama,
Plaint and such other necessary case papers
on behalf of the Board.
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| (C) |
Departmantal
Circular No. 17 (Commercial)
(The entire contents
reproduced)*
Circular
No. 17
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