{ "id": 541, "slug": "electricity-act-2003", "title": "The Electricity Act 2003", "short_title": "The Electricity Act No. 10 of 1949 Date 02.04.1949", "act_number": "36", "act_year": 2003, "act_type": "CENTRAL", "location": "central", "law_status": "valid", "enactment_date": "2003-06-02", "description": "The Electricity Act No. 10 of 1949 Date 02.04.1949", "preamble": "", "section_label": "Section", "sections": [ { "number": "1", "title": "Section 1. (1) This Act may be called the Electricity Act, 2003.", "chapter": null, "content": "(2) It extends to the whole of India except the State of Jammu and \nKashmir. \n \n (3) It shall come into force on such date as the Central Government may, \nby notification, appoint: \n \nProvided that different dates may be appointed for different provisions of this \nAct and any reference in any such provision to the commencement of this Act shall \nbe construed as a reference to the coming into force of that provision.", "footnote": "", "is_definition": false, "sort_order": 0 }, { "number": "2", "title": "Section 2.", "chapter": null, "content": " In this Act, unless the context otherwise requires,", "footnote": "", "is_definition": true, "sort_order": 1 }, { "number": "2", "title": "Section 2(1)", "chapter": null, "content": "“ Appellate Tribunal” means the Appellate Tribunal for Electricity \r\nestablished under section 110;", "footnote": "", "is_definition": true, "sort_order": 2 }, { "number": "2", "title": "Section 2(2)", "chapter": null, "content": "\"appointed date\" means such date as the Central Government may, by \r\nnotification, appoint;", "footnote": "", "is_definition": true, "sort_order": 3 }, { "number": "2", "title": "Section 2(3)", "chapter": null, "content": "\"area of supply” means the area within which a distribution licensee is \r\nauthorised by his licence to supply electricity;", "footnote": "", "is_definition": true, "sort_order": 4 }, { "number": "2", "title": "Section 2(4)", "chapter": null, "content": "\"Appropriate Commission” means the Central Regulatory Commission \r\nreferred to in sub-section (1) of section 76 or the State Regulatory \r\nCommission referred to in section 82 or the Joint Commission referred to in \r\nsection 83, as the case may be ;", "footnote": "", "is_definition": true, "sort_order": 5 }, { "number": "2", "title": "Section 2(5)", "chapter": null, "content": "\"Appropriate Government\" means, - \r\n \r\n(a) the Central Government, - \r\n(i) in respect of a generating company wholly or partly \r\nowned by it; \r\n \r\n(ii) in relation to any inter-State generation, transmission, \r\ntrading or supply of electricity and with respect to any \r\nmines, oil-fields, railways, national highways, airports, \r\ntelegraphs, broadcasting stations and any works of \r\ndefence, dockyard, nuclear power installations; \r\n \r\n(iii) in respect of National Load Despatch Centre; and \r\nRegional Load Despatch Centre; \r\n \r\n(iv) in relation to any works or electric installation belonging \r\nto it or under its control ; \r\n \r\n(b) in any other case, the State Government, having jurisdiction \r\nunder this Act;", "footnote": "", "is_definition": true, "sort_order": 6 }, { "number": "2", "title": "Section 2(6)", "chapter": null, "content": "“Authority“ means the Central Electricity Authority referred to in \r\nsub-section(1) of section 70;", "footnote": "", "is_definition": true, "sort_order": 7 }, { "number": "2", "title": "Section 2(7)", "chapter": null, "content": "\"Board\" means, a State Electricity Board, constituted before the \r\ncommencement of this Act, under sub-section (I) of section 5 of the", "footnote": "", "is_definition": true, "sort_order": 8 }, { "number": "3", "title": "Section 3. (1) The Central Government shall, from time to time, prepare the national", "chapter": null, "content": "electricity policy and tariff policy, in consultation with the State Governments and \nthe Authority for development of the power system based on optimal utilisation of \nresources such as coal, natural gas, nuclear substances or materials, hydro and \nrenewable sources of energy. \n \n (2) The Central Government shall publish National Electricity Policy \nand tariff policy from time to time. \n \n (3) The Central Government may, from time to time, in consultation \nwith the State Governments and the Authority, review or revise, the National \nElectricity Policy and tariff policy referred to in sub-section (1) . \n \n (4) The Authority shall prepare a National Electricity Plan in \naccordance with the National Electricity Policy and notify such plan once in five \nyears: \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n. \n\n \n \n \n9 \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nNational policy \non stand alone \nsystems for \nrural areas and \nnon-\nconventional \nenergy systems. \n \nNational policy \non \nelectrification \nand local \ndistribution in \nrural areas. \n \n \nObligations to \nsupply electricity \nto rural areas.\n \n \n \n \n \n \n \n \nGenerating \nCompany and \nrequirement for \nsetting up of \ngenerating \nstation \n \nHydro-electric \ngeneration \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n Provided that the Authority in preparing the National Electricity \nPlan shall publish the draft National Electricity Plan and invite suggestions and \nobjections thereon from licensees, generating companies and the public within such \ntime as may be prescribed: \n \n Provided further that the Authority shall - \n(a) notify the plan after obtaining the approval of the Central Government; \n(b) revise the plan incorporating therein the directions, if any, given by the \nCentral Government while granting approval under clause (a). \n \n (5) The Authority may review or revise the National Electricity Plan in \naccordance with the National Electricity Policy.", "footnote": "", "is_definition": false, "sort_order": 12 }, { "number": "4", "title": "Section 4. The Central Government shall, after consultation with the State", "chapter": null, "content": "Governments, prepare and notify a national policy, permitting stand alone systems \n(including those based on renewable sources of energy and non-conventional \nsources of energy ) for rural areas.", "footnote": "", "is_definition": false, "sort_order": 13 }, { "number": "5", "title": "Section 5. The Central Government shall also formulate a national policy, in consultation", "chapter": null, "content": "with the State Governments and the State Commissions, for rural electrification \nand for bulk purchase of power and management of local distribution in rural areas \nthrough Panchayat Institutions, users’ associations, co-operative socities, non-\nGovernmental organisations or franchisees.", "footnote": "", "is_definition": false, "sort_order": 14 }, { "number": "6", "title": "Section 6. The Appropriate Government shall endeavour to supply electricity to", "chapter": null, "content": "all areas including villages and hamlets. \n \n \nPART III \n \nGENERATION OF ELECTRICITY", "footnote": "", "is_definition": false, "sort_order": 15 }, { "number": "7", "title": "Section 7. Any generating company may establish, operate and maintain a generating", "chapter": null, "content": "station without obtaining a licence under this Act if it complies with the technical \nstandards relating to connectivity with the grid referred to in clause (b) of \nsection 73.", "footnote": "", "is_definition": false, "sort_order": 16 }, { "number": "8", "title": "Section 8. (1)", "chapter": null, "content": "Notwithstanding anything contained in section 7, any generating company \nintending to set-up a hydro-generating station shall prepare and submit to the \nAuthority for its concurrence, a scheme estimated to involve a capital expenditure \nexceeding such sum, as may be fixed by the Central Government, from time to \ntime, by notification. \n \n(2) The Authority shall, before concurring in any scheme \nsubmitted to it under sub-section (1) have particular regard to, whether or not in \nits opinion,- \n \n(a) the proposed river-works will prejudice the prospects for the best \nultimate development of the river or its tributaries for power generation, consistent \nwith the requirements of drinking water, irrigation, navigation, flood-control, or \nother public purposes, and for this purpose the Authority shall satisfy itself, after \nconsultation with the State Government, the Central Government, or such other \nagencies as it may deem appropriate, that an adequate study has been made of the \noptimum location of dams and other river-works; \n \n (b) \nthe proposed scheme meets, the norms regarding dam design \nand safety. \n \n \n\n \n \n \n10 \n \n \n \n \n \n \n \nCaptive \nGeneration \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nDuties of \nGenerating \nCompanies \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nDirection to \ngenerating \ncompanies \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n(3) Where a multi-purpose scheme for the development of any river \nin any region is in operation, the State Government and the generating company \nshall co-ordinate their activities with the activities of the person responsible for \nsuch scheme in so far as they are inter-related.", "footnote": "", "is_definition": false, "sort_order": 17 }, { "number": "9", "title": "Section 9. (1) Notwithstanding anything contained in this Act, a person may", "chapter": null, "content": "construct, maintain or operate a captive generating plant and dedicated \ntransmission lines: \n \n Provided that the supply of electricity from the captive generating plant \nthrough the grid shall be regulated in the same manner as the generating station of \na generating company. \n \n (2) Every person, who has constructed a captive generating plant and \nmaintains and operates such plant, shall have the right to open access for the \npurposes of carrying electricity from his captive generating plant to the \ndestination of his use: \n \n Provided that such open access shall be subject to availability of \nadequate transmission facility and such availability of transmission facility shall \nbe determined by the Central Transmission Utility or the State Transmission \nUtility, as the case may be: \n \n Provided further that any dispute regarding the availability of transmission \nfacility shall be adjudicated upon by the Appropriate Commission.", "footnote": "", "is_definition": false, "sort_order": 18 }, { "number": "10", "title": "Section 10. (1)", "chapter": null, "content": "Subject to the provisions of this Act, the duties of a generating \ncompany shall be to establish, operate and maintain generating stations, tie-lines, \nsub-stations and dedicated transmission lines connected therewith in accordance \nwith the provisions of this Act or the rules or regulations made thereunder. \n \n(2) A generating company may supply electricity to any licensee in \naccordance with this Act and the rules and regulations made thereunder and may, \nsubject to the regulations made under sub-section (2) of section 42, supply \nelectricity to any consumer. \n \n(3) Every generating company shall - \n \n(a) submit technical details regarding its generating stations to the \nAppropriate Commission and the Authority; \n \n (b) co-ordinate with the Central Transmission Utility or the State \n Transmission Utility, as the case may be, for transmission of the \n electricity generated by it.", "footnote": "", "is_definition": false, "sort_order": 19 }, { "number": "11", "title": "Section 11. (1) The Appropriate Government may specify that a generating", "chapter": null, "content": "company shall, \nin extraordinary circumstances operate and maintain any generating \nstation in accordance with the directions of that Government. \n \nExplanation. - For the purposes of this section, the expression ª extraordinary \ncircumstancesº means circumstances arising out of threat to security of the State, \npublic order or a natural calamity or such other circumstances arising in the public \ninterest. \n \n(2) \nThe Appropriate Commission may offset the adverse financial \nimpact of the directions referred to in sub-section (1) on any generating company \nin such manner as it considers appropriate. \n \n \n \n \n \n\n \n \n \n11 \n \n \n \n \nAuthorised \npersons to \ntransmit, \nsupply, etc., \nelectricity \n \n \n \n \nPower to \nexempt \n \n \n \n \n \n \n \nGrant of \nLicence \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n14 of 1948 \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nPART IV \nLICENSING", "footnote": "", "is_definition": false, "sort_order": 20 }, { "number": "12", "title": "Section 12. No person shall", "chapter": null, "content": "(a) transmit electricity; or \n(b) distribute electricity; or \n(c) undertake trading in electricity, \n \n unless he is authorised to do so by a licence\n issued under section 14, or \nis exempt under section 13.", "footnote": "", "is_definition": false, "sort_order": 21 }, { "number": "13", "title": "Section 13. The Appropriate Commission may, on the recommendations, of the", "chapter": null, "content": "Appropriate Government, in accordance with the national policy formulated under \nsection 5 and in public interest, direct, by notif\nication that subject to such \nconditions and restrictions, if any, and for such period or periods, as may be \nspecified in the notification, the provisions of section 12 shall not apply to any local \nauthority, Panchayat Institution, users’ association, co-operative societies, non-\ngovernmental organizations, or franchisees:", "footnote": "", "is_definition": false, "sort_order": 22 }, { "number": "14", "title": "Section 14. The Appropriate Commission may, on application made to it under", "chapter": null, "content": "section 15, grant any person licence to any person - \n \n(a) to transmit electricity as a transmission licensee; or \n(b) to distribute electricity as a distribution licensee; or \n(c) to undertake trading in electricity as an electricity trader, \n \n in any area which may be specified in the licence: \n \n Provided that any person engaged in the business of transmission or \nsupply of electricity under the provisions of the repealed laws or any Act specified \nin the Schedule on or before the appointed date shall be deemed to be a licensee \nunder this Act for such period as may be stipulated in the licence, clearance or \napproval granted to him under the repealed laws or such Act specified in the \nSchedule, and the provisions of the repealed laws or such Act specified in the \nSchedule in respect of such licence shall apply for a period of one year from the \ndate of commencement of this Act or such earlier period as may be specified, at \nthe request of the licensee, by the Appropriate Commission and thereafter the \nprovisions of this Act shall apply to such business: \n \n Provided further that the Central Transmission Utility or the State \nTransmission Utility shall be deemed to be a transmission licensee under this Act: \n \n Provided also that in case an Appropriate Government transmits electricity \nor distributes electricity or undertakes trading in electricity, whether before or after \nthe commencement of this Act, such Government shall be deemed to be a licensee \nunder this Act, but shall not be required to obtain a licence under this Act: \n \n Provided also that the Damodar Valley Corporation, established under \nsub-section (1) of section 3 of the Damodar Valley Corporation Act, 1948, shall be \ndeemed to be a licensee under this Act but shall not be required to obtain a licence \nunder this Act and the provisions of the Damodar Valley Corporation Act, 1948, in \nso far as they are not inconsistent with the provisions of this Act, shall continue to \napply to that Corporation: \n Provided also that the Government company or the company referred to \nin sub-section (2) of section 131 of this Act and the company or companies \ncreated in pursuance of the Acts specified in the Schedule, shall be deemed to be a \nlicensee under this Act: \n \n Provided also that the Appropriate Commission may grant a licence to two \nor more persons for distribution of electricity through their own distribution system \nwithin the same area, subject to the conditions that the applicant for grant of licence \n\n \n \n \n12 \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nProcedure for \nGrant of \nLicence \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nwithin the same area, subject to the conditions that the applicant for grant of licence \nwithin the same area shall, without prejudice to the other conditions or \nrequirements under this Act, comply with the additional requirements (including \nthe capital adequacy, credit-worthiness, or code of conduct) as may be prescribed \nby the Central Government, and no such applicant who complies with all the \nrequirements for grant of licence, shall be refused grant of licence on the ground \nthat there already exists a licensee in the same area for the same purpose: \n \n Provided also that in a case where a distribution licensee proposes to \nundertake distribution of electricity for a specified area within his area of supply \nthrough another person, that person shall not be required to obtain any separate \nlicence from the concerned State Commission and such distribution licensee shall \nbe responsible for distribution of electricity in his area of supply: \n \n Provided also that where a person intends to generate and distribute \nelectricity in a rural area to be notified by the State Government, such person shall \nnot require any licence for such generation and distribution of electricity, but he \nshall comply with the measures which may be specified by the Authority under \nsection 53: \n \n Provided also that a distribution licensee shall not require a licence to \nundertake trading in electricity.", "footnote": "", "is_definition": false, "sort_order": 23 }, { "number": "15", "title": "Section 15. (1) Every application under section 14 shall be made in such form", "chapter": null, "content": "and in such manner as may be specified by the Appropriate Commission and shall \nbe accompanied by such fee as may be prescribed. \n \n(2) Any person who has made an application for grant of licence \nshall, within seven days after making such application, publish a notice of his \napplication with such particulars and in such manner as may be specified and a \nlicence shall not be granted - \n \n (i) until the objections, if any, received by the Appropriate \nCommission in response to publication of the application have been considered \nby it: \n \n Provided that no objection shall be so considered unless it is received \nbefore the expiration of thirty days from the date of the publication of such notice \nas aforesaid; \n \n (ii) until, in the case of an application for a licence for an area \nincluding the whole or any part of any cantonment, aerodrome, fortress, arsenal, \ndockyard or camp or of any building or place in the occupation of the \nGovernment for defence purposes, the Appropriate Commission has ascertained \nthat there is no objection to the grant of the licence on the part of the Central \nGovernment. \n \n(3) A person intending to act as a transmission licensee shall, \nimmediately on making the application, forward a copy of such application to the \nCentral Transmission Utility or the State Transmission Utility, as the case may \nbe. \n \n(4) The Central Transmission Utility or the State Transmission \nUtility, as the case may be, shall, within thirty days after the receipt of the copy of \nthe application referred to in sub-section (3), send its recommendations, if any, to \nthe Appropriate Commission: \n \n Provided that such recommendations shall not be binding on the \nCommission. \n \n(5) Before granting a licence under section 14, the Appropriate \nCommission shall - \n\n \n \n \n13 \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nConditions of \nlicence. \n \n \n \n \n \n \n \nLicensee not \nto do certain \nthings. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n(a) publish a notice in two such daily newspapers, as that \nCommission may consider necessary, stating the name of the \nperson to whom it proposes to issue the licence; \n \n(b) consider all suggestions or objections and the recommendations, \nif any, of the Central Transmission Util\nity or State Transmission \nUtility, as the case may be. \n \n (6) Where a person makes an application under sub-section (1) of \nsection 14 to act as a licensee, the Appropriate Commission shall, as far as \npracticable, within ninety days after receipt of such application, - \n \n(a) issue a licence subject to the provisions of this Act and the rules \nand regulations made thereunder; or \n \n(b) reject the application for reasons to be recorded in writing if such \napplication does not conform to the provisions of this Act or the \nrules and regulations made thereunder or the provisions of any \nother law for the time being in force: \n \n Provided that no application shall be rejected unless the applicant has \nbeen given an opportunity of being heard. \n \n (7) The Appropria\nte Commission shall, immediately after issue of \nlicence, forward a copy of the licence to the Appropriate Government , Authority, \nlocal authority, and to such other person as the Appropriate Commission \nconsiders necessary. \n \n (8) A licence shall continue to be in force for a period of twenty- \nfive years unless such licence is revoked.", "footnote": "", "is_definition": false, "sort_order": 24 }, { "number": "16", "title": "Section 16. The Appropriate Commission may specify any general or specific", "chapter": null, "content": "conditions which shall apply either to a licensee or class of licensees and such \nconditions shall be deemed to be conditions of such licence: \n \n Provided that the Appropriate Commission shall, within one year from \nthe appointed date, specify any general or specific conditions of licence applicable \nto the licensees referred to in the first, second, third, fourth and fifth provisos to \nsection 14 after the expiry of one year from the commencement of this Act.", "footnote": "", "is_definition": false, "sort_order": 25 }, { "number": "17", "title": "Section 17. (1) No licensee shall, without prior approval of the Appropriate", "chapter": null, "content": "Commission, - \n \n (a) undertake any transaction to acquire by purchase or takeover or \n otherwise, the utility of any other licensee; or \n \n (b) merge his utility with the utility of any other licensee: \n \n Provided that nothing contained in this sub-section shall apply if the \nutility of the licensee is situate in a State other than the State in which the utility \nreferred to in clause (a) or clause (b) is situate. \n \n (2) Every licensee shall, before obtaining the approval under sub-\nsection (1), give not less than one month’s notice to every other licensee who \ntransmits or distributes, electricity in the area of such licensee who applies for such \napproval. \n \n (3) No licensee shall at any time assign his licence or transfer his \nutility, or any part thereof, by sale, lease , exchange or otherwise without the prior \napproval of the Appropriate Commission. \n \n\n \n \n \n14 \n \n \n \n \nAmendment \nof licence \n \n (4) Any agreement relating to any transaction specified in sub-\nsection (1) or sub-section (3), unless made with, the prior approval of the \nAppropriate Commission, shall be void.", "footnote": "", "is_definition": false, "sort_order": 26 }, { "number": "18", "title": "Section 18. (1) Where in its opinion the public interest so permits, the", "chapter": null, "content": "Appropriate Commission, may, on the application of the licensee or otherwise, \nmake such alterations and amendments in the terms and conditions of a licence as it \nthinks fit: \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nRevocation of \nlicence \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n Provided that no such alterations or amendments shall be made except \nwith the consent of the licensee unless such consent has, in the opinion of the \nAppropriate Commission, been unreasonably withheld. \n \n (2) Before any alterations or amendments in the licence are made \nunder this section, the following provisions shall have effect, namely: - \n \n(a) where the licensee has made an application under sub-section (1) \n proposing any alteration or modifications in his licence, the \n licensee shall publish a notice o\nf such application with such \n particulars and in such manner as may be specified; \n \n(b) in the case of an application proposing alterations or \n modifications in the area of supply comprising the whole or any \n part of any cantonment, aerodrome, fortress, arsenal, dockyard or \n camp or of any building or place in the occupation of the \n Government for defence purposes, the Appropriate Commission \n shall not make any alterations or modifications except with the \n consent of the Central Government; \n \n \n(c) where any alterations or modifications in a licence are proposed \n to be made otherwise than on the application of the licensee, the \n Appropriate Commission shall publish the proposed alterations or \n modifications with such particulars and in such manner as may \n be specified; \n \n \n(d) the Appropriate Commission shall not make any alterations or \n modification unless all suggestions or objections received within \n thirty days from the date of the first publication of the notice \n have been considered.", "footnote": "", "is_definition": false, "sort_order": 27 }, { "number": "19", "title": "Section 19. (1) If the Appropriate Commission, after making an enquiry, is", "chapter": null, "content": "satisfied that public interest so requires, it may revoke a licence in any of the \nfollowing cases, namely: - \n \n(a) where the licensee, in the opinion of the Appropriate Commission, \nmakes wilful and prolonged default in doing anything required of \nhim by or under this Act or the rules or regulations made \nthereunder; \n \n(b) where the licensee breaks any of the terms or conditions of his \nlicence the breach of which is expressly declared by such licence \nto render it liable to revocation; \n \n (c) where the licensee fails, within the period fixed in this behalf by \n his licence, or any longer period which the Appropriate \n Commission may have granted therefor – \n \n (i) to show, to the satisfaction of the Appropriate Commissio\nn, \n that he is in a position fully and efficiently to discharge the duties \n and obligations imposed on him by his licence; or \n \n\n \n \n \n15 \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nSale of utilities \nof licensees. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n and obligations imposed on him by his licence; or \n \n (ii) to make the deposit or furnish the security, or pay the fees or \n other charges required by his licence; \n \n (d) where in the opinion of the Appropriate Commission the financial \n position of the licensee is such that he is unable fully and \n efficiently to discharge the duties and obligations imposed on him \n by his licence. \n \n \n (2) Where in its opinion the public interest so requires, the \nAppropriate Commission may, on application, or with the consent of the licensee, \nrevoke his licence as to the whole or any part of his area of distribution or \ntransmission or trading upon such terms and conditions as it thinks fit. \n \n (3) No licence shall be revoked under sub-section (1) unless the \nAppropriate Commission has given to the licensee not less than three \nmonths’notice, in writing, stating the grounds on which it is proposed to revoke the \nlicence, and has considered any cause shown by the licensee within the period of \nthat notice, against the proposed revocation. \n \n (4) The Appropriate Commission may, instead of revoking a licence \nunder sub-section (1), permit it to remain in force subject to such further terms and \nconditions as it thinks fit to impose, and any further terms or conditions so imposed \nshall be binding upon and be observed by the licensee and shall be of like force and \neffect as if they were contained in the licence. \n \n (5) Where the Commission revokes a licence under this section, it \nshall serve a notice of revocation upon the licensee and fix a date on which the \nrevocation shall take effect. \n \n (6) Where an Appropriate Commission has given notice for \nrevocation of licence under sub-section (5), without prejudice to any penalty which \nmay be imposed or prosecution proceeding which may be initiated under this Act, \nthe licensee may, after prior approval of that Commission, sell his utility to any \nperson who is found eligible by that Commission for grant of licence.", "footnote": "", "is_definition": false, "sort_order": 28 }, { "number": "20", "title": "Section 20. (1) Where the Appropriate Commission revokes under section 19 the", "chapter": null, "content": "licence of any licensee , the following provisions shall apply, namely:- \n (a) the Appropriate Commission shall invite applications for \n acquiring the utility of the licensee whose licence has been \n revoked and determine which of such applications should be \n accepted, primarily on the basis of the highest and best price \n offered for the utility; \n \n (b) the Appropriate Commission may, by notice in writi\nng, require \n the licensee to sell his utility and thereupon the licensee shall sell \n his utility to the person (hereafter in this section referred to as \n the “ purchaser” ) whose application has been accepted by that \n Commission; \n \n (c) all the rights, duties, obligations and liabilities of the licensee, on \n and from the date of revocation of licence or on and from the \n date, if earlier, on which the utility of the licensee is sold to a \n purchaser, shall absolutely cease except for any liabilities which \n have accrued prior to that date; \n \n (d) the Appropriate Commission may make such interim \n arrangements in regard to the operation of the utility as may be \n considered appropriate including the appointment of \n\n \n \n \n16 \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nVesting of \nutility in \npurchaser \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nProvisions where \nno purchase takes \nplace \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nDirections to \nlicensees. \n \n \n \n \nSuspension of \ndistribution \nlicence and sale of \nutility. \n considered appropriate including the appointment of \n Administrators; \n \n (e) The Administrator appointed under clause (d) shall exercise such \n powers and discharge such functions as the Appropriate \n Commission may direct. \n \n (2) Where a utility is sold under sub-section (1), the purchaser shall \n pay to the licensee the purchase price of the utility in such manner as may \n be agreed upon. \n \n (3) Where the Appropriate Commission issues any notice under sub-\n section (1) requiring the licensee to sell the utility, it may, by such notice, \n require the licensee to deliver the utility, and thereupon the licensee shall \n deliver on a date specified in the notice, the utility to the designated \n purchaser on payment of the purchase price thereof. \n \n (4) Where the licensee has delivered the utility referred to in sub-\n section(3) to the purchaser but its sale has not been completed by the date \n fixed in the notice issued under that sub-section, the Appropriate \n Commission may, if it deems fit, permit the intending purchaser to operate \n and maintain the utility system pending the completion of the sale.", "footnote": "", "is_definition": false, "sort_order": 29 }, { "number": "21", "title": "Section 21. Where a utility is sold under section 20 or section 24, then, upon", "chapter": null, "content": "completion of the sale or on the date on which the utility is delivered to the \nintending purchaser, as the case may be, whichever is earlier- \n \n(a) the utility shall vest in the purchaser or the intending purchaser, \n as the case may be, free from any debt, mortgage or similar \n obligation of the licensee or attaching to the utility: \n \nProvided that any such debt, mortgage or similar obligation shall attach to \nthe purchase money in substitution for the utility; and \n \n(b) the rights, powers, authorities, duties and obligations of the \n licensee under his licence shall stand transferred to the purchaser \n and such purchaser shall be deemed to be the licensee.", "footnote": "", "is_definition": false, "sort_order": 30 }, { "number": "22", "title": "Section 22. (1) If the utility is not sold in the manner provided under section 20 or", "chapter": null, "content": "section 24, the Appropriate Commission may, to protect the interest of consumers \nor in public interest, issue such directions or formulate such scheme as it may deem \nnecessary for operation of the utility. \n \n(2) Where no directions are issued or scheme is formulated by the Appropriate \nCommission under sub-section (1), the licensee referred to in section 20 or section \n24 may dispose of the utility in such manner as it may deem fit: \n \n Provided that, if the licensee does not dispose of the utility, within a period \nof six months from the date of revocation under section 20 or section 24, the \nAppropriate Commission may cause the works of the licensee in, under, over, \nalong, or across any street or public land to be removed and every such street or \npublic land to be reinstated, and recover the cost of such removal and reinstatement \nfrom the licensee.", "footnote": "", "is_definition": false, "sort_order": 31 }, { "number": "23", "title": "Section 23. If the Appropriate Commission is of the opinion that it is necessary or", "chapter": null, "content": "expedient so to do for maintaining the efficient supply, securing the equitable \ndistribution of electricity and promoting competition, it may, by order, provide for \nregulating supply, distribution, consumption or use thereof.", "footnote": "", "is_definition": false, "sort_order": 32 }, { "number": "24", "title": "Section 24. (1) If at any time the Appropriate Commission is of the opinion that a", "chapter": null, "content": "distribution licensee – \n \n\n \n \n \n17 \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n(a) has persistently failed to maintain uninterrupted supply of \nelectricity conforming to standards regarding quality of \nelectricity to the consumers; or \n(b) is unable to discharge the functions or perform the duties \nimposed on it by or under the provisions of this Act; or \n(c) has persistently defaulted in complying with any direction \ngiven by the Appropriate Commission under this Act; or \n(d) has broken the terms and conditions of licence, \n \n and circumstances exist which render it necessary for it in public interest \nso to do, the Appropriate Commission may, for reasons to be recorded in writing, \nsuspend, for a period not exceeding one year, the licence of the distribution licensee \nand appoint an Administrator to discharge the functions of the distribution licensee \nin accordance with the terms and conditions of licence: \n \n Provided that before suspending a licence under this section, the \nAppropriate Commission shall give a reasonable opportunity to the distribution \nlicensee to make representations against the proposed suspension of license and \nshall consider the representations, if any, of the distrbution licensee. \n \n (2) Upon suspension of license under sub-section (1) the utilities of \nthe distribution licensee shall vest in the Administrator for a period not exceeding \none year or up to the date on which such utility is sold in accordance with the \nprovisions contained in section 20, whichever is later. \n \n (3) The Appropriate Commission shall, within one year of \nappointment of the Administrator under sub-section (1) either revoke the licence \nin accordance with the provisions contained in section 19 or revoke suspension of \nthe licence and restore the utility to the distribution licensee whose licence had \nbeen suspended, as the case may be. \n (4) In case where the Appropriate Commission revokes the licence \nunder sub-section (3), the utility of the distribution licensee shall be sold within a \nperiod of one year from the date of revocation of the licence in accordance with \nthe provisions of section 20 and the price after deducting the administrative and \nother expenses on sale of utilities be remitted to the distribution licensee. \n \n \n \n \n \n \n \n \n \n\n \n \n \n18 \n \n \n \n \n \nInter-State, \nregional and Inter-\nRegional \ntransmission\n. \n \n \n \n \n \nNational Load \nDespatch Centre. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nConstitution of \nRegional Load \nDespatch Centre\n. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nFunctions of \nRegional Load \nDespatch Centre\n. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nPART- V \n \nTRANSMISSION OF ELECTRICITY \nInter-State transmission", "footnote": "", "is_definition": false, "sort_order": 33 }, { "number": "25", "title": "Section 25. For the purposes of this Part, the Central Government may, make region-", "chapter": null, "content": "wise demarcation of the country, and, from time to time, make such modifications \ntherein as it may consider necessary for the efficient, economical and integrated \ntransmission and supply of electricity, and in particular to facilitate voluntary inter-\nconnections and co-ordination of facilities for the inter-State, regional and inter-\nregional generation and transmission of electricity.", "footnote": "", "is_definition": false, "sort_order": 34 }, { "number": "26", "title": "Section 26. (1) The Central Government may establish a centre at the national", "chapter": null, "content": "level, to be known as the National Load Despatch Centre for optimum scheduling \nand despatch of electricity among the Regional Load Despatch Centres. \n \n (2) The constitution and functions of the National Load Despatch \nCentre shall be such as may be prescribed by the Central Government: \n \n Provided that the National Load Despatch Centre sh\nall not engage in the \nbusiness of trading in electricity. \n \n (3) The National Load Despatch Centre shall be operated by a \nGovernment company or any authority or corporation established or constituted \nby or under any Central Act, as may be notified by the Central Government.", "footnote": "", "is_definition": false, "sort_order": 35 }, { "number": "27", "title": "Section 27. (1) The Central Government shall establish a centre for each region", "chapter": null, "content": "to be known as the Regional Load Despatch Centre having territorial jurisdiction as \ndetermined by the Central Government in accordance with section 25 for the \npurposes of exercising the powers and discharging the power and discharging the \nfunctions under this Part. \n \n (2) The Regional Load Despatch Centre shall be operated by a \nGovernment Company or any authority or corporation established or constituted \nby or under any Central Act, as may be notified by the Central Government: \n \n Provided that until a Government company or authority or corporation \nreferred to in this sub-section is notified by the Central Government, the Central \nTransmission Utility shall operate the Regional Load Despatch Centre: \n \n Provided further that no Regional Load Despatch Centre shall engage in the \nbusiness of generation of electricity or trading in electricity.", "footnote": "", "is_definition": false, "sort_order": 36 }, { "number": "28", "title": "Section 28. (1) The Regional Load Despatch Centre shall be the apex body to", "chapter": null, "content": "ensure integrated operation of the power system in the concerned region. \n \n (2) The Regional Load Despatch Centre shall comply with such \nprinciples, guidelines and methodologies in respect of the wheeling and optimum \nscheduling and despatch of electricity as the Central Commission may specify in \nthe Grid Code. \n \n (3) The Regional Load Despatch Centre shall - \n \n(a) be responsible for optimum scheduling and despatch of \nelectricity within the region, in accordance with the contracts entered into with the \nlicensees or the generating companies operating in the region; \n \n (b) monitor grid operations; \n \n (c) keep accounts of the quantity of electricity transmitted through \nthe regional grid; \n \n \n \n\n \n \n \n19 \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nCompliance of \ndirections. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nTransmission \nwithin a State \n \n \n \n \n \nConstitution of \nState Load \nDespatch \nCentres \n \n \n \n(d) exercise supervision and control over the inter-State transmission \nsystem; and \n \n (e) be responsible for carrying out real time operations for grid \ncontrol and despatch of electricity within the region through secure and economic \noperation of the regional grid in accordance with the Grid Standards and the Grid \nCode. \n \n (4) The Regional Load Despatch Centre may levy and collect such \nfee and charges from the generating companies or licensees engaged in inter-State \ntransmission of electricity as may be specified by the Central Commission.", "footnote": "", "is_definition": false, "sort_order": 37 }, { "number": "29", "title": "Section 29. (1) The Regional Load Despatch Centre may give such directions", "chapter": null, "content": "and exercise such supervision and control as may be required for ensuring stability \nof grid operations and for achieving the maximum economy and efficiency in the \noperation of the power system in the region under its control.\n \n \n (2) Every licensee, generating company, generating station, sub-\nstation and any other person connected with the operation of the power system shall \ncomply with the direction issued by the Regional Load Despatch Centres under \nsub-section (1). \n \n (3) All directions issued by the Regional Load Despatch Centres to \nany transmission licensee of State transmission lines or any other licensee of the \nState or generating company (other than those connected to inter State transmission \nsystem) or sub-station in the State shall be issued through the State Load Despatch \nCentre and the State Load Despatch Centres shall ensure that such directions are \nduly complied with the licensee or generating company or sub-station. \n \n (4) The Regional Power Committee in the region may, from time to \ntime, agree on matters concerning the stability and smooth operation of the \nintegrated grid and economy and efficiency in the operation of the power system in \nthat region. \n \n (5) If any dispute arises with reference to the quality of electricity or \nsafe, secure and integrated operation of the regional grid or in relation to any \ndirection given under sub-section (1), it shall be referred to the Central \nCommission for decision : \n \n Provided that pending the decision of the Central Commission, the \ndirections of the Regional Load Despatch Centre shall be complied with by the \nState Load Despatch Centre or the licensee or the generating company, as the case \nmay be. \n \n (6) If any licensee, generating company or any other person fails to \ncomply with the directions issued under sub-section (2) or sub-\nsection (3), he \nshall be liable to penalty not exceeding rupees fifteen lacs. \n \n \nIntra-State transmission", "footnote": "", "is_definition": false, "sort_order": 38 }, { "number": "30", "title": "Section 30. The State Commission shall facilitate and promote transmission, wheeling", "chapter": null, "content": "and inter-connection arrangements within its territorial jurisdiction for the \ntransmission and supply of electricity by economical and efficient utilisation of the \nelectricity.", "footnote": "", "is_definition": false, "sort_order": 39 }, { "number": "31", "title": "Section 31. (1) The State Government shall establish a Centre to be known as the", "chapter": null, "content": "State Load Despatch Centre for the purposes of exercising the powers and \ndischarging the functions under this Part. \n \n(2) The State Load Despatch Centre shall be operated by a \nGovernment company or any authority or corporation established or constituted \n\n \n \n \n20 \n \n \n \n \n \n \n \n \n \n \n \n \nFunctions of State \nLoad Despatch \nCentres \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nCompliance of \ndirections \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nGovernment company or any authority or corporation established or constituted \nby or under any State Act, as may be notified by the State Government. \n \n Provided that until a Government company or any authority or \ncorporation is notified by the State Government, the State Transmission Utility \nshall operate the State Load Despatch Centre: \n \n Provided further that no State Load Despatch Centre shall engage in the \nbusiness of trading in electricity.", "footnote": "", "is_definition": false, "sort_order": 40 }, { "number": "32", "title": "Section 32. (1) The State Load Despatch Centre shall be the apex body to ensure", "chapter": null, "content": "integrated operation of the power system in a State. \n \n(2) The State Load Despatch Centre shall - \n \n (a) be responsible for optimum scheduling and despatch of electricity \nwithin a State, in accordance with the contracts entered into with the licensees or \nthe generating companies operating in that State; \n \n (b) monitor grid operations; \n \n (c) keep accounts of the quantity of electricity transmitted through \nthe State grid; \n \n (d) exercise supervision and control over the intra-state transmission \nsystem; and \n \n (e) be responsible for carrying out real time operations for grid \ncontrol and despatch of electricity within the State through secure and economic \noperation of the State grid in accordance with the Grid Standards and the State Grid \nCode. \n \n (3) The State Load Despatch Centre may levy and collect such fee \nand charges from the generating companies and licensees engaged in intra-State \ntransmission of electricity as may be specified by the State Commission. \n \n33\n. (1) The State Load Despatch Centre in a State may give such \ndirections and exercise such supervision and control as may be required for \nensuring the integrated grid operations and for achieving the maximum economy \nand efficiency in the operation of power system in that State. \n \n(2) Every licensee, generating company, generating station, sub-\nstation and any other person connected with the operation of the power system shall \ncomply with the direction issued by the State Load Depatch Centre under sub-\nsection (1). \n \n (3) The State Load Despatch Centre shall comply with the directions \nof the Regional Load Despatch Centre. \n \n (4) If any dispute arises with reference to the quality of electricity or \nsafe, secure and integrated operation of the State grid or in relation to any direction \ngiven under sub-section (1) , it shall be referred to the State Commission for \ndecision: \n \n \nProvided that pending the decision of the State Commission, the direction \nof the State Load Despatch Centre shall be complied with by the licensee or \ngenerating company. \n \n (5) If any licensee, generating company or any other person fails to \ncomply with the directions issued under sub-section(1), he shall be liable to \npenalty not exceeding rupees five lacs. \n \n\n \n \n \n21 \n \n \n \n \nGrid Standards \n \n \n \n \nIntervening \ntransmission \nfacilities. \n \n \n \n \n \n \n \n \nCharges for \nintervening \ntransmission \nfacilities. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nDirection by \nappropriate \nGovernment. \n \n \n \nCentral \nTransmission \nUtility and \nfunctions. \n \n \n \n \n \n 1 of 1956 \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nOther provisions relating to transmission", "footnote": "", "is_definition": false, "sort_order": 41 }, { "number": "34", "title": "Section 34. Every transmission licensee shall comply with such technical standards,", "chapter": null, "content": "of operation and maintenance of transmission lines, in accordance with the Grid \nStandards, as may be specified by the Authority.", "footnote": "", "is_definition": false, "sort_order": 42 }, { "number": "35", "title": "Section 35. The Appropriate Commission may, on an application by any licensee, by", "chapter": null, "content": "order require any other licensee owning or operating intervening transmission \nfacilities to provide the use of such facilities to the extent of surplus capacity \navailable with such licensee. \n \n Provided that any dispute regarding the extent of surplus capacity \navailable with the licensee, shall be adjudicated upon by the Appropriate \nCommission.", "footnote": "", "is_definition": false, "sort_order": 43 }, { "number": "36", "title": "Section 36. (1) Every licensee shall, on an order made under section 35,", "chapter": null, "content": "provided his intervening transmission facilities at rates, charges and terms and \nconditions as may be mutually agreed upon : \n \n Provided that the Appropriate Commission may specify rates, charges \nand terms and conditions if these cannot be mutually agreed upon by the licensees. \n \n(2) The rates, charges and terms and conditions referred to in sub-\nsection (1) shall be fair and reasonable, and may be allocated in proportion to the \nuse of such facilities. \n \n Explanation. - For the purposes of section 35 and 36, the expression \nª intervening transmission facilitiesº means the electric lines owned or operated \nby a licensee where such electric lines can be utilised for transmitting electricity \nfor and on behalf of another licensee at his request and on payment of a tariff or \ncharge.", "footnote": "", "is_definition": false, "sort_order": 44 }, { "number": "37", "title": "Section 37. The Appropriate Government may issue directions to the Regional Load", "chapter": null, "content": "Despatch Centres or State Load Despatch Centres, as the case may be, to take such \nmeasures as may be necessary for maintaining smooth and stable transmission and \nsupply of electricity to any region or State.", "footnote": "", "is_definition": false, "sort_order": 45 }, { "number": "38", "title": "Section 38. (1) The Central Government may notify any Government company", "chapter": null, "content": "as the Central Transmission Utility: \n \n Provided that the Central Transmission Utility shall not engage in the \nbusiness of generation of electricity or trading in electricity: \n \n Provided further that, the Central Government may transfer, and vest any \nproperty, interest in property, rights and liabilities connected with, and personnel \ninvolved in transmission of electricity of such Central Transmission Utility, to a \ncompany or companies to be incorporated under the Companies Act, 1956 to \nfunction as a transmission licensee, through a transfer scheme to be effected in the \nmanner specified under Part XIII and such company or companies shall be deemed \nto be transmission licensees under this Act. \n \n \n (2) The functions of the Central Transmission Utility shall be - \n \n (a) to undertake transmission of electricity through inter-State \ntransmission system; \n \n (b) to discharge all functions of planning and co-ordination relating \nto inter-state transmission system with - \n \n (i) State Transmission Utilities; \n\n \n \n \n22 \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nState \nTransmission \nUtility and \nfunctions \n \n \n \n \n \n \n \n \n \n \n \n (ii) Central Government; \n \n (iii) State Governments; \n \n (iv) generating companies; \n \n (v) Regional Power Committees; \n \n (vi) Authority; \n \n (vii) licensees; \n \n (viii) any other person notified by the Central Government in \n this behalf; \n \n (c) to ensure development of an efficient, co-\nordinated and \neconomical system of inter-State transmission lines for smooth flow of electricity \nfrom generating stations to the load centres; \n \n (d) to provide non-\ndiscriminatory open access to its transmission \nsystem for use by- \n \n(i) any licensee or generating company on payment of the \ntransmission charges; or \n \n (ii) any consumer as and when such open access is provided by the \nState Commission under sub-section (2) of section 42, on payment of the \ntransmission charges and a surcharge thereon, as may be specified by the Central \nCommission: \n \n Provided that such surcharge shall be utilis\ned for the purpose of meeting \nthe requirement of current level cross-subsidy: \n \n Provided further that such surcharge and cross subsidies shall be \nprogressively reduced and eliminated in the manner as may be specified by the \nCentral Commission: \n \n Provided also that such surcharge may be levied till such time the cross \nsubsidies are not eliminated: \n \n Provided also that the manner of payment and utilisation of the \nsurcharge shall be specified by the Central Commission: \n \n Provided also that such surcharge shall not be leviable in case open \naccess is provided to a person who has established a captive generating plant \nfor carrying the electricity to the destination of his own use.", "footnote": "", "is_definition": false, "sort_order": 46 }, { "number": "39", "title": "Section 39. (1) The State Government may notify the Board or a Government", "chapter": null, "content": "company as the State Transmission Utility: \n \n \nProvided that the State Transmission Utility shall not engage in the business \nof trading in electricity: \n \n Provided further that the State Government may transfer, and vest any \nproperty, interest in property, rights and liabilities connected with, and personnel \ninvolved in transmission of electricity, of such State Transmission Utility, to a \ncompany or companies to be incorporated under the Companies Act, 1956 to \nfunction as transmission licensee through a transfer scheme to be effected in the \n\n \n \n \n23 \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nDuties of \nTransmission \nlicensees \n \nfunction as transmission licensee through a transfer scheme to be effected in the \nmanner specified under Part XIII and such company or companies shall be deemed \nto be transmission licensees under this Act. \n \n (2) The functions of the State Transmission Utility shall be - \n \n (a) to undertake transmission of electricity through intra-State \ntransmission system; \n \n (b) to discharge all functions of planning and co-ordination relating to \nintra-state transmission system with - \n \n (i) Central Transmission Utility; \n \n (ii) State Governments; \n \n (iii) generating companies; \n \n (iv) Regional Power Committees; \n \n (v) Authority; \n \n (vi) licensees; \n \n (vii) any other person notified by the State Government in this \n behalf; \n \n (c) to ensure development of an efficient, co-\nordinated and \neconomical system of intra-State transmission lines for smooth flow of electricity \nfrom a generating station to the load centres; \n \n (d) to provid non-discriminatory open access to its transmission \nsystem for use by- \n \n(i) any licensee or generating company on payment of the \ntransmission charges ; or \n \n (ii) any consumer as and when such open access is provided by the \nState Commission under sub-section (2) of section 42, on payment of the \ntransmission charges and a surcharge thereon, as may be specified by the State \nCommission: \n \n Provided that such surcharge shall be utilised for the purpose of meeting \nthe requirement of current level cross-subsidy: \n \n Provided further that such surcharge and cross subsidies shall be \nprogressively reduced and eliminated in the manner as may be specified by the \nState Commission: \n \n Provided also that such surcharge may be levied till such time the cross \nsubsidies are not eliminated: \n \n Provided also that the manner of payment and utilisation of the \nsurcharge shall be specified by the State Commission. \n \n Provided also that such surcharge shall not be leviable in case open \naccess is provided to a person who has established a captive generating plant for \ncarrying the electricity to the destination of his own use.", "footnote": "", "is_definition": false, "sort_order": 47 }, { "number": "40", "title": "Section 40. It shall be the duty of a transmission licensee -", "chapter": null, "content": "(a) to build, maintain and operate an efficient, co-ordinated and \n economical inter-State transmission system or intra-State transmission \n\n \n \n \n24 \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nOther business of \nTransmission \nLicensee \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n economical inter-State transmission system or intra-State transmission \n system, as the case may be; \n \n (b) to comply with the directions of the Regional Load Despatch \nCentre and the State Load Despatch Centre as the may be;. \n \n (c) to provide non-discriminatory open access to its transmission \nsystem for use by- \n \n (i) any licensee or generating company on payment of the \ntransmission charges; or \n \n (ii) any consumer as and when such open access is provided by the \n State Commission under sub-section (2) of section 42, on payment of the \ntransmission charges and a surcharge thereon, as may be specified by the State \nCommission: \n \n Provided that such surcharge shall be utilised for the purpose of meeting \nthe requirement of current level cross-subsidy: \n \n Provided further that such surcharge and cross subsidies shall be \nprogressively reduced and eliminated in the manner as may be specified by the \nAppropriate Commission: \n \n Provided also that such surcharge may be levied till such time the cross \nsubsidies are not eliminated: \n \n Provided also that the manner of payment and utilisation of the \nsurcharge shall be specified by the Appropriate Commission: \n \n Provided also that such surcharge shall not be leviable in case open \naccess is provided to a person who has established a captive generating plant for \ncarrying the electricity to the destination of his own use.", "footnote": "", "is_definition": false, "sort_order": 48 }, { "number": "41", "title": "Section 41. A transmission licensee may, with prior intimation to the Appropriate", "chapter": null, "content": "Commission , engage in any business for optimum utilisation of its assets: \n \n Provided that a proportion of the revenues de\nrived from such business \nshall, as may be specified by the Appropriate Commission, be utilised for reducing \nits charges for transmission and wheeling: \n \n Provided further that the transmission licensee shall maintain separate \naccounts for each such business undertaking to ensure that transmission business \nneither subsidies in any way such business undertaking nor encumbers its \ntransmission assets in any way to support such business: \n \nProvided also that no transmission licensee shall enter into any contract \nor otherwise engage in the business to in trading electricity : \n \n \n \n \n \n \n \n \nDuties of \ndistribution \nLicensee and \nopen access \n \nPART VI \n \nDISTRIBUTION OF ELECTRICITY \n \nProvisions with respect to distribution licensees", "footnote": "", "is_definition": false, "sort_order": 49 }, { "number": "42", "title": "Section 42. .(1) It shall be the duty of a distribution licensee to develop and maintain an", "chapter": null, "content": "efficient, co-ordinated and economical distribution system in his area of supply and \nto supply electricity in accordance with the provisions contained in this Act. \n \n (2) The State Commission shall introduce open access in such phases and \n \n \n \n \n \n \n \n \n \n\n \n \n \n25 \nsubject to such conditions, (including the cross subsidies, and other operational \nconstraints) as may be specified within one year of the appointed date by it and in \nspecifying the extent of open access in successive phases and in determining the \ncharges for wheeling, it shall have due regard to all relevant factors including such \ncross subsidies, and other operational constraints: \n \n Provided that such open access may be allowed before the cross subsidies \nare eliminated on payment of a surcharge in addition to the charges for wheeling as \nmay be determined by the State Commission : \n \n Provided further that such surcharge shall be utilised to meet the \nrequirements of current level of cross subsidy within the area of supply of the \ndistribution licensee : \n \n Provided also that such surcharge and cross subsidies shall be \nprogressively reduced and eliminated in the manner as may be specified by the \nState Commission: \n \n Provided also that such surcharge shall not be leviable in case open access \nis provided to a person who has established a captive generating plant for carrying \nthe electricity to the destination of his own use. \n \n (3) Where any person, whose premises are situated within the area of \nsupply of a distribution licensee, (not being a local authority engaged in the \nbusiness of distribution of electricity before the appointed date) requires a supply of \nelectricity from a generating company or any licensee other than such distribution \nlicensee, such person may, by notice, require the distribution licensee for wheeling \nsuch electricity in accordance with regulations made by the State Commission and \nthe duties of the distribution licensee with respect to such supply shall be of a \ncommon carrier providing non-discriminatory open access . \n \n (4) Where the State Commission permits a consumer or class of \nconsumers to receive supply of electricity from a person other than the distribution \nlicensee of his area of supply, such consumer shall be liable to pay an additional \nsurcharge on the charges of wheeling, as may be specified by the State \nCommission, to meet the fixed cost of such distribution licensee arising out of his \nobligation to supply. \n \n (5) Every distribution licensee shall, within six months from the appointed \ndate or date of grant of licence, whichever is earlier, establish a forum for redressal \nof grievances of the consumers in accordance with the guidelines as may be \nspecified by the State Commission. \n \n (6) Any consumer, who is aggrieved by non-redressal of his grievances \nunder sub-section (5), may make a representation for the redressal of his grievance \nto an authority to be known as Ombudsman to be appointed or designated by the \nState Commission. \n \n (7) The Ombudsman shall settle the grievance of the consumer within such \ntime and in such manner as may be specified by the State Commission. \n \n (8) The provisions of sub-sections (5),(6) and (7) shall be without \nprejudice to right which the consumer may have apart from the rights conferred \nupon him by those sub-sections. \n \nDuty to supply on \nrequest", "footnote": "", "is_definition": false, "sort_order": 50 }, { "number": "43", "title": "Section 43. (1) Every distribution licensee, shall, on an application by the owner", "chapter": null, "content": "or occupier of any premises, give supply of electricity to such premises, within \none month after receipt of the application requiring such supply : \n \n Provided that where such supply requires extension of distribution \nmains, or commissioning of new sub-stations, the distribution licensee shall \nsupply the electricity to such premises immediately after such extension or \ncommissioning or within such period as may be specified by the Appropriate \n \n\n \n \n \n26 \ncommissioning or within such period as may be specified by the Appropriate \nCommission. \n \n Provided further that in case of a village or hamlet or area wherein no \nprovision for supply of electricity exists, the Appropriate Commission may extend \nthe said period as it may consider necessary for electrification of such village or \nhamlet or area. \n \n (2) It shall be the duty of every distribution licensee to provide, if \nrequired, electric plant or electric line for giving electric supply to the premises \nspecified in sub-section (1) : \n \n Provided that no person shall be entitled to demand, or to continue to \nreceive, from a licensee a supply of electricity for any premises having a separate \nsupply unless he has agreed with the licensee to pay to him such price as \ndetermined by the Appropriate Commission . \n \n (3) If a distribution licensee fails to supply the electricity within the \nperiod specified in sub-\nsection (1), he shall be liable to a penalty which may \nextend to one thousand rupees for each day of default. \n \nExceptions from \nduty to supply \nelectricity.", "footnote": "", "is_definition": false, "sort_order": 51 }, { "number": "44", "title": "Section 44. Nothing contained in section 43 shall be taken as requiring a distribution", "chapter": null, "content": "licensee to give supply of electricity to any premises if he is prevented from doing \nso by cyclone, floods, storms or other occurrences beyond his control. \n \n \n \nPower to recover \ncharges 45. (1) Subject to the provisions of this section, the prices to be charged \nby a distribution licensee for the supply of electricity by him in pursuance of \nsection 43 shall be in accordance with such tariffs fixed from time to time and \nconditions of his licence. \n \n (2) The charges for electricity supplied by a distribution licensee \nshall be - \n \n(a) fixed in accordance with the methods and the principles as may \nbe specified by the concerned State Commission ; \n \n(b) published in such manner so as to give adequate publicity for \nsuch charges and prices. \n \n (3) The charges for electricity supplied by a distribution licensee \nmay include - \n \n(a) a fixed charge in addition to the charge for the actual electricity \nsupplied; \n \n(b) a rent or other charges in respect of a\nny electric meter or \nelectrical plant provided by the distribution licensee. \n \n (4) Subject to the provisions of section 62, in fixing charges under \nthis section a distribution licensee shall not show undue preference to any person or \nclass of persons or discrimination against any person or class of persons. \n \n (5) The charges fixed by the distribution licensee shall be in \naccordance with the provisions of this Act and the regulations made in this behalf \nby the concerned State Commission. \n \n \nPower to recover \nexpenditure", "footnote": "", "is_definition": false, "sort_order": 52 }, { "number": "46", "title": "Section 46. The State Commission may, by regulations, authorise a distribution", "chapter": null, "content": "licensee to charge from a person requiring a supply of electricity in pursuance of \nsection 43 any expenses reasonably incurred in providing any electric line or \nelectrical plant used for the purpose of giving that supply. \n \n \n\n \n \n \n27 \n \n \nPower to require \nsecurity.", "footnote": "", "is_definition": false, "sort_order": 53 }, { "number": "47", "title": "Section 47. (1) Subject to the provisions of this section, a distribution licensee", "chapter": null, "content": "may require any person, who requires a supply of electricity in pursuance of section \n43, to give him reasonable security, as determined by regulations, for the payment \nto him of all monies which may become due to him - \n \n (a) in respect of the electricity supplied to such persons; or \n \n (b) where any electric line or electrical plant or electric meter is to be \nprovided for supplying electricity to person, in respect of the provision of such \nline or plant or meter, \n \nand if that person fails to give such security, the distribution licensee may, if he \nthinks fit, refuse to give the supply or to provide the line or plant or meter for the \nperiod during which the failure continues. \n \n (2) Where any person has not given such security as is mentioned in \nsubsection (1) or the security given by any person has become invalid or \ninsufficient, the distribution licensee may, by notice, require that person, within \nthirty days after the service of the notice, to give him reasonable security for the \npayment of all monies which may become due to him in respect of the supply of \nelectricity or provision of such line or plant or meter. \n \n (3) If the person referred to in sub-section(2) fails to give such \nsecurity, the distribution licensee may, if he thinks fit, discontinue the supply of \nelectricity for the period during which the failure continues. \n \n (4) The distribution licensee shall pay interest equivalent to the bank \nrate or more, as may be specified by the concerned State Commission, on the \nsecurity referred to in sub-section (1) and refund such security on the request of the \nperson who gave such security. \n \n (5) A distribution licensee shall not be entitled to require security in \npursuance of clause (a) of sub-section (1) if the person requiring the supply is \nprepared to take the supply through a pre-payment meter. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nAdditional terms \nof supply.", "footnote": "", "is_definition": false, "sort_order": 54 }, { "number": "48", "title": "Section 48. A distribution licensee may require any person who requires a supply of", "chapter": null, "content": "electricity in pursuance of section 43 to accept - \n \n(a) any restrictions which may be imposed for the purpose of \nenabling the distribution licensee to comply with regulations made under section \n53; \n (b) any terms restricting any liability of the distribution licensee for \neconomic loss resulting from negligence of the person to whom the electricity is \nsupplied. \n \n \nAgreements with \nrespect to supply \nor purchase of \nelectricity.", "footnote": "", "is_definition": false, "sort_order": 55 }, { "number": "49", "title": "Section 49. Where the Appropriate Commission has allowed open access to certain", "chapter": null, "content": "consumers under section 42, such consumers notwithstanding the provisions \ncontained in clause (d) of sub-section (1) of section 62, may enter into an \nagreement with any person for supply or purchase of electricity on such terms and \nconditions (including tariff) as may be agreed upon by them. \n \n \nThe Electricity \nSupply Code. 50. The State Commission shall specify an Electricity Supply Code to provide \nfor recovery of electricity charges, intervals for billing of electricity charges \ndisconnection of supply of electricity for non-payment thereof; restoration of \nsupply of electricity; tampering, distress or damage to electrical plant, electric lines \nor meter, entry of distribution licensee or any person acting on his behalf for \ndisconnecting supply and removing the meter; entry for replacing, altering or \nmaintaining electric lines or electrical plant or meter. \n \n \n \n\n \n \n \n28 \nOther businesses \nof distribution \nlicensees.", "footnote": "", "is_definition": false, "sort_order": 56 }, { "number": "51", "title": "Section 51. (1) A distribution licensee may, with prior intimation to the", "chapter": null, "content": "Appropriate Commission, engage in any other business for optimum utilisation \nof its assets: \n \n Provided that a proportion of the revenues derived from such business \nshall, as may be specified by the concerned State Commission, be utilised for \nreducing its charges for wheeling : \n \n \nProvided further that the distribution licensee shall maintain separate \naccounts for each such business undertaking to ensure that distribution business \nneither subsidies in any way such business undertaking nor encumbers its \ndistribution assets in any way to support such business. \n \n Provided also that nothing contained in this section shall apply to a local \nauthority engaged, before the commencement of this Act, in the business of \ndistribution of electricity. \n \n \n \n \n \n \nProvisions with \nrespect to \nelectricity trader.\n \n \nProvisions with respect to electricity traders", "footnote": "", "is_definition": false, "sort_order": 57 }, { "number": "52", "title": "Section 52. (1) Without prejudice to the provisions contained in clause (c) of", "chapter": null, "content": "section 12, the Appropriate Commission may, specify the technical requirement, \ncapital adequacy requirement and credit worthiness for being an electricity trader. \n \n (2) Every electricity trader shall discharge such duties, in relation to \nsupply and trading in electricity, as may be specified by the Appropriate \nCommission. \n \n \n \n \n \n \n.\n \n \n \n \n \n \nProvisions relating \nto safety and \nelectricity supply\n \nProvisions with respect to supply generally", "footnote": "", "is_definition": false, "sort_order": 58 }, { "number": "53", "title": "Section 53. (1) The Authority may in consultation with the State Government,", "chapter": null, "content": "specify suitable measures for – \n \n (a) protecting the public (including the persons engaged in the \ngeneration, transmission or distribution or trading) from dangers arising from the \ngeneration, transmission or distribution or trading of electricity, or use of \nelectricity supplied or installation, maintenance or use of any electric line or \nelectrical plant; \n \n (b) eliminating or reducing the risks of personal injury to any \nperson, or damage to property of any person or interference with use of such \nproperty ; \n \n (c) prohibiting the supply or transmission of electricity except by \nmeans of a system which conforms to the specification as may be specified; \n \n (d) giving notice in the specified form to t\nhe Appropriate \nCommission and the Electrical Inspector, of accidents and failures of supplies or \ntransmissions of electricity; \n \n (e) keeping by a generating company or licensee the maps, plans \nand sections relating to supply or transmission of electricity; \n \n (f) inspection of maps, plans and sections by any person authorised \nby it or by Electrical Inspector or by any person on payment of specified fee; \n \n (g) specifying action to be taken in relation to any electric line or \nelectrical plant, or any electrical appliance under the control of a consumer for the \npurpose of eliminating or reducing a risk of personal injury or damage to property \nor interference with its use; \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n\n \n \n \n29 \n \n \n \nControl of \ntransmission and \nuse of electricity", "footnote": "", "is_definition": false, "sort_order": 59 }, { "number": "54", "title": "Section 54. (1) Save as otherwise exempted under this Act, no person other", "chapter": null, "content": "than Central Transmission Utility or a State Transmission Utility, or a licensee \nshall transmit or use electricity at a rate exceeding two hundred and fifty watts and \none hundred volts – \n \n(a) in any street, or \n \n(b) in any place,- \n \n(i) in which one hundred or more persons are ordinarily likely to be \nassembled; or \n(ii) which is a factory within the meaning of the Factories Act, 1948 \nor a mine within the meaning of the Mines Act, 1952; or \n(iii) to which the State Government, by general or special order, \ndeclares the provisions of this sub-section to apply, \n \n without giving, before the commencement of transmission or use of \nelectricity, not less than seven days’ notice in writing of his intention to the \nElectrical Inspector and to the District Magistrate, or the Commissioner of Police, \nas the case may be, containing particulars of the electrical installation and plant, if \nany, the nature and the purpose of supply and complying with such of the \nprovisions of Part XI of this Act, as may be applicable: \n \n Provided that nothing in this section shall apply to electricity used for \nthe public carriage of passengers, animals or goods, on, or for the lighting or \nventilation of the rolling stock of any railway or tramway subject to the \nprovisions of the Railways Act, 1989. \n \n(2) Where any difference or dispute arises as to whether a place is \nor is not one in which one hundred or more persons are ordinarily likely to be \nassembled, the matter shall be referred to the State Government, and the decision \nof the State Government thereon shall be final. \n \n (3) The provisions of this section shall be binding on the \nGovernment.", "footnote": "", "is_definition": false, "sort_order": 60 }, { "number": "55", "title": "Section 55. (1) No licensee shall supply electricity, after the expiry of two years from the", "chapter": null, "content": "appointed date, except through installation of a correct meter in accordance with \nregulations to be made in this behalf by the Authority: \n \n Provided that the licensee may require the consumer to give him security \nfor the price of a meter and enter into an agreement for the hire thereof, unless the \nconsumer elects to purchase a meter: \n \n Provided further that the State Commission may, by notification extend \nthe said period of two years for a class or classes of persons or for such area as may \nbe specified in that notification. \n \n (2) For proper accounting and audit in the generation, transmission \nand distribution or trading of electricity, the Authority may direct the installation of \nmeters by a generating company or licensee at such stages of generation, \ntransmission or distribution or trading of electricity and at such locations of \ngeneration, transmission or distribution or trading , as it may deem necessary. \n \n (3) If a person makes default in complying with the provisions contained in \nthis section or regulations made under sub-section (1), the Appropriate Commission \nmay make such order as it thinks fit for requiring the default to be made good by \nthe generating company or licensee or by any officers of a company or other \nassociation or any other person who is responsible for its default. \n \n \n \n \n \n \n \n \n \n \n \n63 of 1948. \n35 of 1952. \n \n \n \n \n \n \n \n \n \n \n24 of 1989 \n \n \n \n \n \n \n \n \n \n \n \n \nUse, etc., of \nmeters \n\n \n \n \n30 \n \nDisconnection of \nsupply in default \nof payment.", "footnote": "", "is_definition": false, "sort_order": 61 }, { "number": "56", "title": "Section 56. (1) Where any person neglects to pay any charge for electricity or", "chapter": null, "content": "any sum other than a charge for electricity due from him to a licensee or the \ngenerating company in respect of supply, transmission or distribution or wheeling \nof electricity to him, the licensee or the generating company may, after giving not \nless than fifteen clear days notice in writing, to such person and without prejudice \nto his rights to recover such charge or other sum by suit, cut off the supply of \nelectricity and for that purpose cut or disconnect any electric supply line or other \nworks being the property of such licensee or the generating company through which \nelectricity may have been supplied, transmitted, distributed or wheeled and may \ndiscontinue the supply until such charge or other sum, together with any expenses \nincurred by him in cutting off and reconnecting the supply, are paid, but no longer: \n \n Provided that the supply of electricity shall not be cut off if such \nperson deposits , under protest, - \n \n(a) an amount equal to the sum claimed from him, or \n \n(b) the electricity charges due from him for each month calculated on the \nbasis of average charge for electricity paid by him during the preceding six months, \n \nwhichever is less, pending disposal of any dispute between him and the \nlicensee. \n \n (2) Notwithstanding anything contained in any other law for the time \nbeing in force, no sum due from any consumer, under this section shall be \nrecoverable after the period of two years from the date when such sum became first \ndue unless such sum has been shown continuously as recoverable as arrear of \ncharges for electricity supplied and the licensee shall not cut off the supply of the \nelectricity: \n \n \n \n \n \nStandard of \nperformance of \nlicensee. \n \nConsumer protection: Standards of performance", "footnote": "", "is_definition": false, "sort_order": 62 }, { "number": "57", "title": "Section 57. (1) The Appropriate Commission may, after consultation with the", "chapter": null, "content": "licensees and persons likely to be affected, specify standards of performance of a \nlicensee or a class of licensees. \n \n (2) If a licensee fails to meet the standards specified under sub-\nsection (1), without prejudice to any penalty which may be imposed or prosecution \nbe initiated, he shall be liable to pay such compensation to the person affected as \nmay be determined by the Appropriate Commission: \n \n Provided that before determination of compensation, the concerned \nlicensee shall be given a reasonable opportunity of being heard. \n \n (3) The compensation determined under sub-section (2) shall be paid \nby the concerned licensee within ninety days of such determination. \n \n \n \n \n \n \n \n \nDifferent \nStandards of \nperformance by \nlicensee.", "footnote": "", "is_definition": false, "sort_order": 63 }, { "number": "58", "title": "Section 58. The Appropriate Commission may specify different standards under sub-", "chapter": null, "content": "section (1) of section 57 for a class or classes of licensee. \n \n \n \nInformation \nwith respect to \nlevels of \nperformance.", "footnote": "", "is_definition": false, "sort_order": 64 }, { "number": "59", "title": "Section 59. (1) Every licensee shall, within the period specified by the", "chapter": null, "content": "Appropriate Commission, furnish to the Commission the following information, \nnamely:- \n \n (a) the level of performance achieved under sub-section (1) of the \nsection 57; \n \n \n\n \n \n \n31 \n (b) the number of cases in which compensation was made under sub- \nsection (2) of section 57 and the aggregate amount of the compensation. \n \n(2) The Appropriate Commission shall at least once in every year arrange \nfor the publication, in such form and manner as it considers appropriate, of such of \nthe information furnished to it under sub-section (1). \n \n \n \nMarket \ndestination", "footnote": "", "is_definition": false, "sort_order": 65 }, { "number": "60", "title": "Section 60. The Appropriate Commission may such issue directions as it considers", "chapter": null, "content": "appropriate to a licensee or a generating company if such licensee or generating \ncompany enters into any agreement or abuses its dominant position or enters into a \ncombination which is likely to cause or causes an adverse effect on competition in \nelectricity industry. \n \n \n \n \n \n \n \nTariff \nRegulations. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n54 of 1948 \n14 of 1998 \n \nPART – VII \n \nTARIFF", "footnote": "", "is_definition": false, "sort_order": 66 }, { "number": "61", "title": "Section 61. The Appropriate Commission shall, subject to the provisions of this Act,", "chapter": null, "content": "specify the terms and conditions for the determination of tariff, and in doing so, \nshall be guided by the following, namely:- \n \n(a) the principles and \nmethodologies specified by the Central \nCommission for determination of the tariff applicable to generating companies and \ntransmission licensees; \n \n(b) the generation, transmission, distribution and supply of electricity \nare conducted on commercial principles; \n \n(c) the factors which would encourage competition, efficiency, \neconomical use of the resources, good performance and optimum investments; \n \n (d) safeguarding of consumers' interest and at the same time, \nrecovery of the cost of electricity in a reasonable manner; \n \n (e) the principles rewarding efficiency in performance; \n \n(f) multi year tariff principles; \n \n(g) that the tariff progressively reflects the cost of supply of \nelectricity and also, reduces and eliminates cross-subsidies within the period to be \nspecified by the Appropriate Commission; \n \n (h) the promotion of co-generation and generation of electricity from \nrenewable sources of energy; \n \n (i) the National Electricity Policy and tariff policy: \n \n Provided that the terms a\nnd conditions for determination of tariff under \nthe Electricity (Supply) Act, 1948, the Electricity Regulatory Commission Act, \n1998 and the enactments specified in the Schedule as they stood immediately \nbefore the appointed date, shall continue to apply for a period of one year or until \nthe terms and conditions for tariff are specified under this section, whichever is \nearlier. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n\n \n \n \n32 \nDetermination of \nTariff. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nDetermination of \ntariff by bidding \nprocess.", "footnote": "", "is_definition": false, "sort_order": 67 }, { "number": "62", "title": "Section 62. (1) The Appropriate Commission shall determine the tariff in", "chapter": null, "content": "accordance with provisions of this Act for – \n \n (a) supply of electricity by a generating company to a distribution \nlicensee: \n \n Provided that the Appropriate Commission may, in case of shortage of \nsupply of electricity, fix the minimum and maximum ceiling of tariff for sale or \npurchase of electricity in pursuance of an agreement, entered into between a \ngenerating company and a licensee or between licensees, for a period not \nexceeding one year to ensure reasonable prices of electricity; \n \n (b) transmission of electricity ; \n \n (c) wheeling of electricity; \n \n (d) retail sale of electricity. \n \n \nProvided that in case of distribution of electricity in the same area by two or \nmore distribution licensees, the Appropriate Commission may, for promoting \ncompetition among distribution licensees, fix only maximum ceiling of tariff for \nretail sale of electricity. \n \n (2) The Appropriate Commission may require a licensee or a \ngenerating company to furnish separate details, as may be specified in respect of \ngeneration, transmission and distribution for determination of tariff. \n \n (3) The Appropriate Commission shall not, while determining the \ntariff under this Act, show undue preference to any consumer of electricity but may \ndifferentiate according to the consumer's load factor, power factor, voltage, total \nconsumption of electricity during any specified period or the time at which the \nsupply is required or the geographical position of any area, the nature of supply and \nthe purpose for which the supply is required. \n \n (4) No tariff or part of any tariff may ordinarily be amended more \nfrequently than once in any financial year, except in respect of any changes \nexpressly permitted under the terms of any fuel surcharge formula as may be \nspecified. \n \n (5) The Commission may require a licensee or a generating \ncompany to comply with such procedures as may be specified for calculating the \nexpected revenues from the tariff and charges which he or it is permitted to \nrecover. \n \n (6) If any licensee or a generating company recovers a price or \ncharge exceeding the tariff determined under this section, the excess amount shall \nbe recoverable by the person who has paid such price or charge along with interest \nequivalent to the bank rate without prejudice to any other liability incurred by the \nlicensee.", "footnote": "", "is_definition": false, "sort_order": 68 }, { "number": "63", "title": "Section 63. Notwithstanding anything contained in section 62, the Appropriate", "chapter": null, "content": "Commission shall adopt the tariff if such tariff has been determined through \ntransparent process of bidding in accordance with the guidelines issued by the \nCentral Government. \n \n \n \n \n \nProcedure for \ntariff order.", "footnote": "", "is_definition": false, "sort_order": 69 }, { "number": "64", "title": "Section 64. (1) An application for determination of tariff under section 62 shall", "chapter": null, "content": "be made by a generating company or licensee in such manner and accompanied \nby such fee, as may be determined by regulations. \n \n \n\n \n \n \n33 \n (2) Every applicant shall publish the application, in such abridged form \nand manner, as may be specified by the Appropriate Commission. \n \n (3) The Appropriate Commission shall, within one hundred and \ntwenty days from receipt of an application under sub-section (1) and after \nconsidering all suggestions and objections received from the public,- \n \n (a) issue a tariff order accepting the application with such \nmodifications or such conditions as may be specified in that order; \n \n (b) reject the application for reasons to be recorded in writing if such \napplication is not in accordance with the provisions of this Act and the rules and \nregulations made thereunder or the provisions of any other law for the time being in \nforce: \n \n Provided that an applicant shall be given a reasonable opportunity of being \nheard before rejecting his application. \n \n (4) The Appropriate Commission shall, within seven days of making \nthe order, send a copy of the order to the Appropriate Government, the Authority, \nand the concerned licensees and to the person concerned. \n \n (5) Notwithstanding anything contained in Part X, the tariff for any \ninter-State supply, transmission or wheeling of electricity, as the case may be, \ninvolving the territories of two States may, upon application made to it by the \nparties intending to undertake such supply, transmission or wheeling, be determined \nunder this section by the State Commission having jurisdiction in respect of the \nlicensee who intends to distribute electricity and make payment therefor: \n \n (6) A tariff order shall, unless amended or revoked, shall continue \nto be in force for such period as may be specified in the tariff order. \n \n \n \n \nProvision of \nsubsidy by State \nGovernment.", "footnote": "", "is_definition": false, "sort_order": 70 }, { "number": "65", "title": "Section 65. If the State Government requires the grant of any subsidy to any consumer", "chapter": null, "content": "or class of consumers in the tariff determined by the State Commission under \nsection 62, the State Government shall, notwithstanding any direction which may \nbe given under section 108, pay, within in advance in the manner as may be \nspecified , by the State Commission the amount to compensate the person affected \nby the grant of subsidy in the manner the State Commission may direct, as a \ncondition for the licence or any other person concerned to implement the subsidy \nprovided for by the State Government: \n \n \n Provided that no such direction of the State Government shall be operative \nif the payment is not made in accordance with the provisions contained in this \nsection and the tariff fixed by State Commission shall be applicable from the date \nof issue of orders by the Commission in this regard. \n \n \n. \nDevelopment of \nmarket.", "footnote": "", "is_definition": false, "sort_order": 71 }, { "number": "66", "title": "Section 66. The Appropriate Commission shall endeavour to promote the development", "chapter": null, "content": "of a market (including trading) in power in such manner as may be specified and \nshall be guided by the National Electricity Policy referred to in section 3 in this \nregard.. \n \n \n \n \n \n \n \n \n \n \n \n \n \n\n \n \n \n34 \n \n \n \n \n \n \n \n \nProvision as to \nopening up of \nstreets, railways \netc\n. \nPART – VIII \n \nWORKS \n \nWorks of licensees", "footnote": "", "is_definition": false, "sort_order": 72 }, { "number": "67", "title": "Section 67. (1) A licensee may, from time to time but subject always to the", "chapter": null, "content": "terms and conditions of his licence, within his area of supply or transmission or \nwhen permitted by the terms of his licence to lay down or place electric supply \nlines without the area of supply, without that area carry out works such as - \n \n (a) to open and break up the soil and pavement of any street, railway \nor tramway; \n \n (b) to open and break up any sewer, drain or tunnel in or under any \nstreet, railway or tramway; \n \n (c) to alter the position of any line or works or pipes, other than a \nmain sewer pipe; \n \n (d) to lay down and place electric lines, electrical plant and other \nworks; \n \n (e) to repair, alter or remove the same; \n \n (f) to do all other acts necessary for transmission or supply of \nelectricity. \n \n (2) The Appropriate Government may, by rules made by it in this \nbehalf, specify, - \n \n \n (a) the cases and circumstances in which the consent in writing of the \nAppropriate Government, local authority, owner or occupier, as the case may be, \nshall be required for carrying out works; \n \n (b) the authority which may grant permission in the circumstances \nwhere the owner or occupier objects to the carrying out of works; \n \n (c) the nature and period of notice to be given by the licensee before \ncarrying out works; \n \n (d) the procedure and manner of consideration of objections and \nsuggestion received in accordance with the notice referred to in clause (c); \n \n (e) the determination and payment of compensation or rent to the \npersons affected by works under this section; \n \n (f) the repairs and works to be carried out when emergency exists; \n \n (g) the right of the owner or occupier to carry out certain works \nunder this section and the payment of expenses therefor; \n \n (h) the procedure for carrying out other works near sewers, pipes or \nother electric lines or works; \n \n (i) the procedure for alteration of the position of pipes, electric lines, \nelectrical plant, telegraph lines, sewer lines, tunnels, drains, etc.; \n \n (j) the procedure for fencing, guarding, lighting and other safety \nmeasures relating to works on streets, railways, tramways, sewers, drains or tunnels \nand immediate reinstatement thereof; \n\n \n \n \n35 \n \n (k) the avoidance of public nuisance, environmental damage and \nunnecessary damage to the public and private property by such works; \n \n (1) the procedure for undertaking works which are not reparable by \nthe Appropriate Government, licensee or local authority; \n \n (m) the manner of deposit of amount required for restoration of any \nrailways, tramways, waterways, etc.; \n \n (n) the manner of restoration of property affected by such works and \nmaintenance thereof; \n \n (o) the procedure for deposit of compensation payable by the \nlicensee and furnishing of security; and \n \n (p) such other matters as are incidental or consequential to the \nconstruction and maintenance of works under this section. \n \n (3) A licensee shall, in exercise of any of the powers conferred by or \nunder this section and the rules made thereunder, cause as little damage, detriment \nand inconvenience as may be, and shall make full compensation for any damage, \ndetriment or inconvenience caused by him or by any one employed by him. \n \n (4) Where any difference or dispute [including amount of \ncompensation under sub-section (3)] arises under this section, the matter shall be \ndetermined by the Appropriate Commission. \n \n (5) The Appropriate Commission, while determining any difference or \ndispute arising under this section in addition to any compensation under sub-section \n(3), may impose a penalty not exceeding the amount of compensation payable \nunder that sub-section. \n \n \n \n \nOverhead lines. \n \nProvisions relating to overhead lines", "footnote": "", "is_definition": false, "sort_order": 73 }, { "number": "68", "title": "Section 68. (1) An overhead line shall, with prior approval of the Appropriate", "chapter": null, "content": "Government, be installed or kept installed above ground in accordance with the \nprovisions of sub-section (2). \n \n (2) The provisions contained in sub-section (1) shall not apply- \n \n (a) in relation to an electric line which has a nominal voltage not \nexceeding 11 kilovolts and is used or intended to be used for supplying to a single \nconsumer; \n \n (b) in relation to so much of an electric line as is or will be within \npremises in the occupation or control of the person responsible for its installation; \nor \n \n (c) in such other cases as may be prescribed. \n \n (3) The Appropriate Government shall, while granting approval \nunder sub-section (1), impose such conditions (including conditions as to the \nownership and operation of the line) as appear to it to be necessary \n \n (4) The Appropriate Government may vary or revoke the approval at \nany time after the end of such period as may be stipulated in the approval granted \nby it. \n \n (5) Where any tree standing or lying near an overhead line or where \nany structure or other object which has been placed or has fallen near an overhead \nline subsequent to the placing of such line, interrupts or interferes with, or is likely \nto interrupt or interfere with, the conveyance or transmission of electricity or the \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n\n \n \n \n36 \nto interrupt or interfere with, the conveyance or transmission of electricity or the \naccessibility of any works, an Executive Magistrate or authority specified by the \nAppropriate Government may, on the application of the licensee, cause the tree, \nstructure or object to be removed or otherwise dealt with as he or it thinks fit. \n \n (6) When disposing of an application under sub-section (5), an \nExecutive Magistrate or authority specified under that sub-section shall, in the case \nof any tree in existence before the placing of the overhead line, award to the person \ninterested in the tree such compensation as he thinks reasonable, and such person \nmay recover the same from the licensee. \n \n Explanation. - For purposes of this section, the expression ª treeº shall be \ndeemed to include any shrub, hedge, jungle growth or other plant. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nNotice to \ntelegraph \nauthority.", "footnote": "", "is_definition": false, "sort_order": 74 }, { "number": "69", "title": "Section 69. (1) A licensee shall, before laying down or placing, within ten meters", "chapter": null, "content": "of any telegraph line, electric line, electrical plant or other works, not being either \nservice lines, or electric lines or electrical plant, for the repair, renewal or \namendment of existing works of which the character or position is not to be \naltered,- \n \n (a) submit a proposal in case of a new installation to an authority to \nbe designated by the Central Government and such authority shall take a decision \non the proposal within thirty days; \n \n (b) give not less than ten days© notice in writing to the telegraph \nauthority in case of repair, renewal or amendment or existing works , specifying- \n \n (i) the course of the works or alterations proposed ; \n \n(ii) the manner in which the works are to be utilised ; \n \n(iii) the amount and nature of the electricity to be transmitted; \n \n(iv) the extent to, and the manner in which (if at all), earth returns are \nto be used , \n \nand the licensee shall conform to such reasonable requirements, either general or \nspecial, as may be laid down by the telegraph authority within that period for \npreventing any telegraph line from being injuriously affected by such works or \nalterations: \n \n \n Provided that in case of emergency (which shall be stated by the licensee \nin writing to the telegraph authority) arising from defects in any of the electric lines \nor electrical plant or other works of the licensee, the licensee shall be required to \ngive only such notice as may be possible after the necessity for the proposed new \nworks or alterations has arisen. \n \n (2) Where the works of the laying or placing of any service line is to \nbe executed the licensee shall, not less than forty-eight hours before commencing \nthe work, serve upon the telegraph authority a notice in writing of his intention to \nexecute such works. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n\n \n \n \n37 \n \n \n \n \n \n \n \nConstitution, \netc., of Central \nElectricity \nAuthority\n. \n \n \n \n \n \n \n54 of 1948. \nPART – IX \n \nCENTRAL ELECTRICITY AUTHORITY \n \nConstitution and functions of Authority", "footnote": "", "is_definition": false, "sort_order": 75 }, { "number": "70", "title": "Section 70. (1) There shall be a body to be called the Central Electricity", "chapter": null, "content": "Authority to exercise such functions and perform such duties as are assigned to it \nunder this Act. \n \n (2) The Central Electricity Authority, established under section 3 of \nthe Electricity (Supply) Act, 1948 and functioning as such immediately before the \nappointed date, shall be the Central Electricity Authority for the purposes of this \nAct and the Chairperson , Members, Secretary and other officers and employees \nthereof shall be deemed to have been appointed under this Act and they shall \ncontinue to hold office on the same terms and conditions on which they were \nappointed under the Electricity (Supply) Act, 1948. \n \n (3) The Authority shall consist of not more than fourteen Members \n(including its Chairperson) of whom not more than eight shall be full-time \nMembers to be appointed by the Central Government. \n \n(4) The Central Government may appoint any person, eligible to be appointed \nas Member of the Authority, as the Chairperson of the Authority, or, designate one \nof the full time Members as the Chairperson of the Authority. \n \n(5) The Members of the Authority shall be appoin\nted from amongst persons \nof ability, integrity and standing who have knowledge of, and adequate \nexperience and capacity in, dealing with problems relating to engineering, finance, \ncommerce, economics or industrial matters, and at least one Member shall be \nappointed from each of the following categories, namely:- \n \n (a) engineering with specialisation in design, construction, operation \nand maintenance of generating stations; \n \n (b) engineering with specialisation in transmission and supply of \nelectricity; \n \n(c) applied research in the field of electricity; \n \n (d) applied economics, accounting, commerce or finance. \n \n (6) The Chairperson and all the Members of the Authority shall hold \noffice during the pleasure of the Central Government. \n \n (7) The Chairperson shall be the Chief Executive of the Authority. \n \n (8) The head quarters of the Authority shall be at Delhi. \n \n (9) The Authority shall meet at the head office or any other place at \nsuch time as the Chairperson may direct, and shall observe such rules of procedure \nin regard to the transaction of business at its meetings (including the quorum at its \nmeetings) as it may specify. \n \n (10) The Chairperson, or if he is unable to attend a meeting of the \nAuthority, any other Member nominated by the Chairperson in this behalf and in \nthe absence of such nomination or where there is no Chairperson, any Member \nchosen by the Members present from among themselves shall preside at the \nmeeting. \n \n (11) All questions which come up before any meeting of the Authority \nshall be decided by a majority of votes of the Members present and voting, and in \n \n \n \n \n \n \n \n\n \n \n \n38 \nthe event of an equality of votes, the Chairperson or the person presiding shall have \nthe right to exercise a second or casting vote. \n \n (12) All orders and decisions of the Authority shall be authenticated \nby the Secretary or any other officer of the Authority duly authorised by the \nChairperson in this behalf. \n \n (13) No act or proceedings of the Authority shall be questioned or \nshall be invalidated merely on the ground of existence of any vacancy in, or any \ndefect in, the constitution of, the Authority. \n \n (14) The Chairperson of the Authority and other full time Members \nshall receive such salary and allowances as may be determined by the Central \nGovernment and other Members shall receive such allowances and fees for \nattending the meetings of the Authority, as the Central Government may prescribe. \n \n (15) The other terms and conditions of service of the Chairperson and \nMembers of the Authority including, subject to the provisions of sub-section (6), \ntheir terms of office shall be such as the Central Government may prescribe. \n \n \nMembers not to \nhave certain \ninterest.", "footnote": "", "is_definition": false, "sort_order": 76 }, { "number": "71", "title": "Section 71. No Member of the Authority shall have any share or interest,", "chapter": null, "content": "whether in his own name or otherwise, in any company or other body corporate or \nan association of persons (whether incorporated or not), or a firm engaged in the \nbusiness of generation, transmission, distribution and trading of electricity or fuel \nfor the generation thereof or in the manufacture of electrical equipment. \n \n \n \nOfficers and staff \nof Authority.", "footnote": "", "is_definition": false, "sort_order": 77 }, { "number": "72", "title": "Section 72. The Authority may appoint a Secretary and such other officers", "chapter": null, "content": "and employees as it considers necessary for the performance of its functions under \nthis Act and on such terms as to salary, remuneration, fee, allowance, pension, \nleave and gratuity, as the authority may in consultation with the Central \nGovernment, fix: \n \n Provided that the appointment of the Secretary shall be subject to the \napproval of the Central Government. \n \n \nFunctions and \nduties of \nAuthority.", "footnote": "", "is_definition": false, "sort_order": 78 }, { "number": "73", "title": "Section 73. The Authority shall perform such functions and duties as the", "chapter": null, "content": "Central Government may prescribe or direct, and in particular to - \n \n (a) advise the Central Government on the matters relating to the \nnational electricity policy, formulate short-term and perspective plans for \ndevelopment of the electricity system and co- ordinate the activities of the planning \nagencies for the optimal utilisation of resources to subserve the interests of the \nnational economy and to provide reliable and affordable electricity for all \nconsumers; \n \n \n (b) specify the technical standards for construction of electrical \nplants, electric lines and connectivity to the grid; \n \n (c) specify the safety requirements for construction, operation and \nmaintenance of electrical plants and electric lines; \n \n (d) specify the Grid Standards for operation and maintenance of \ntransmission lines; \n \n (e) specify the conditions for installation of meters for transmission \nand supply of electricity; \n \n (f) promote and assist in the timely completion of schemes and \nprojects for improving and augmenting the electricity system; \n \n \n\n \n \n \n39 \n (g) promote measures for advancing the skill of persons engaged in \nthe electricity industry; \n \n (h) advise the Central Government on any matter on which its advice \nis sought or make recommendation to that Government on any matter if, in the \nopinion of the Authority, the recommendation would help in improving the \ngeneration, transmission, trading, distribution and utilisation of electricity; \n \n (i) collect and record the data concerning the generation, \ntransmission, trading, distribution and utilisation of electricity and carry out studies \nrelating to cost, efficiency, competitiveness and such like matters; \n \n (j) make public from time to time information secured under this \nAct, and provide for the publication of reports and investigations; \n \n (k) promote research in matters affecting the generation, \ntransmission, distribution and trading of electricity; \n \n (l) carry out, or cause to be carried out , any investigation for the \npurposes of generating or transmitting or distributing electricity; \n \n (m) advise any State Government, licensees or the generating \ncompanies on such matters which shall enable them to operate and maintain the \nelectricity system under their ownership or control in an improved manner and \nwhere necessary, in co-ordination with any other Government, licensee or the \ngenerating company owning or having the control of another electricity system; \n \n (n) advise the Appropriate Government and the Appropriate \nCommission on all technical matters relating to generation, transmission and \ndistribution of electricity;and \n \n (o) discharge such other functions as may be provided under this Act. \n \n \n \n \n \nPower to require \nstatistics and \nreturns. \n \nCertain powers and directions", "footnote": "", "is_definition": false, "sort_order": 79 }, { "number": "74", "title": "Section 74. It shall be the duty of every licensee, generating company or person", "chapter": null, "content": "generating electricity for its or his own use to furnish to the Authority such \nstatistics, returns or other information relating to generation, transmission, \ndistribution, trading and use of electricity as it may require and at such times and \nin such form and manner as may be specified by the Authority. \n \n \nDirections by \nCentral \nGovernment to \nAuthority.", "footnote": "", "is_definition": false, "sort_order": 80 }, { "number": "75", "title": "Section 75. (1) In the discharge of its functions, the Authority shall be guided by", "chapter": null, "content": "such directions in matters of policy involving public interest as the Central \nGovernment may give to it in writing. \n \n (2) If any question arises as to whether any such direction relates to \na matter of policy involving public interest, the decision of the Central Government \nthereon shall be final. \n \n \n \n \n \n \n \n \n \n \nConstitution of \nCentral \nCommission. \n \n \n14 of 1998. \n \nPART X \n \nREGULATORY COMMISSIONS \n \nConstitution, powers and functions of Central Commission", "footnote": "", "is_definition": false, "sort_order": 81 }, { "number": "76", "title": "Section 76. (1) There shall be a Commission to be known as the Central", "chapter": null, "content": "Electricity Regulatory Commission to exercise the powers conferred on, and \ndischarge the functions assigned to, it under this Act. \n \n (2) The Central Electricity Regulatory Commission, established \nunder section 3 of the Electricity Regulatory Commissions Act, 1998 and \nfunctioning as such immediately before the appointed date, shall be deemed to be \nthe Central Commission for the purposes of this Act and the Chairperson, \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n\n \n \n \n40 \nthe Central Commission for the purposes of this Act and the Chairperson, \nMembers, Secretary, and other officers and employees thereof shall deemed to \nhave been appointed under this Act and they shall continue to hold office on the \nsame terms and conditions on which they were appointed under the Electricity \nRegulatory Commissions Act, 1998. \n \nProvided that the Chairperson and other Members of the Central Commission \nappointed, before the commencement of this Act, under the Electricity Regulatory \nCommissions Act, 1998, may, on the recommendations of the Selection Committee \nconstituted under sub-section (1) of section 78, be allowed, to opt for the terms and \nconditions under this Act by the Central Government. \n \n (3) The Central Commission shall be a body corporate by the name \naforesaid, having perpetual succession and a common seal with power to acquire, \nhold and dispose of property, both movable and immovable, and to contract and \nshall, by the said name, sue or be sued. \n \n (4) The head office of the Central Commission shall be at such \nplace as the Central Government may, by notification, specify. \n \n (5) The Central Commission shall consist of the following Members \nnamely:- \n \n (a) a Chairperson and three other Members; \n \n (b) the Chairperson of the Authority who shall be the Member, ex \nofficio. \n \n (6) The Chairperson and Members of the Central Commission shall \nbe appointed by the Central Government on the recommendation of the Selection \nCommittee referred to in section 78.\n \n \nQualification for \nappointment of \nMembers of \nCentral \nCommission.", "footnote": "", "is_definition": false, "sort_order": 82 }, { "number": "77", "title": "Section 77. (1) The Chairperson and the Members of the Central Commission", "chapter": null, "content": "shall be persons having adequate knowledge of, or experience in,or shown capacity \nin, dealing with, problems relating to engineering, law, economics, commerce, \nfinance or, management and shall be appointed in the following manner, namely:- \n \n (a) one person having qualifications and experience in the field of \nengineering with specialisation in generation, transmission or distribution of \nelectricity; \n \n (b) one person having qualifications and experience in the field of \nfinance; \n \n c) two persons having qualifications and experience in the field of \neconomics, commerce, law or management: \n \n Provided that not more than one Member shall be appointed under the \nsame category under clause (c). \n \n (2) Notwithstanding anything contained in sub-section (1), the \nCentral Government may appoint any person as the Chairperson from amongst \npersons who is,or has been, a Judge of the Supreme Court or the Chief Justice of a \nHigh Court: \n \n Provided that no appointment under this sub-section shall be made except \nafter consultation with the Chief Justice of India. \n \n (3) The Chairperson or any other Member of the Central \nCommission shall not hold any other office. \n \n (4) The Chairperson shall be the Chief Executive of the Central \nCommission. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n\n \n \n \n41 \n \n \n \nConstitution of \nSelection \nCommittee to \nrecommend \nMembers \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n1 of 1956 \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nCommission.", "footnote": "", "is_definition": false, "sort_order": 83 }, { "number": "78", "title": "Section 78. (1) The Central Government shall, for the purposes of selecting the Members", "chapter": null, "content": "of the Appellate Tribunal and the Chairperson and Members of the Central \nCommission, constitute a Selection Committee consisting of – \n \n(a) Member of the Planning Commission \n incharge of the energy sector … … … … … … Chairperson; \n \n(b) Secretary-in-charge of the Ministry of the Central Government \n dealing with the Department of the Legal Affairs … … … … . Member; \n \n(c) Chairperson of the Public Enterprises Selection Board … … .. Member; \n \n(d) a person to be nominated by the Central Government \n in accordance with sub-section (2)… … … … … … … Member ; \n \n(e) a person to be nominated by the Central Government \n in accordance with sub-section (3) … … … … … … … Member ; \n \n(f) Secretary-in-charge of the Ministry of the Central \n Government dealing with power … … … … … … … .. Member. \n \n (2) For the purposes of clause (d) of sub-section (1), the Central \nGovernment shall nominate from amongst persons holding the post of chairperson \nor managing director, by whatever name called, of any public financial institution \nspecified in section 4A of the Companies Act, 1956. \n \n (3) For the purposes of clause (e) of sub-section (1), the Central \nGovernment shall, by notification, nominate from amongst persons holding the post \nof director or the head of the institution, by whatever name called, of any research, \ntechnical or management institution for this purpose. \n \n (4) Secretary-in-charge of the Ministry of the Central Government \ndealing with Power shall be the Convenor of the Selection Committee. \n \n (5) The Central Government shall, within one month from the date of \noccurrence of any vacancy by reason of death, resignation or removal of a \nMember of the Appellate Tribunal or the Chairperson or a Member of the Central \nCommission and six months before the superannuation or end of tenure of the \nMember of the Appellate Tribunal or Member of the Central Commission, make a \nreference to the Selection Committee for filling up of the vacancy. \n \n (6) The Selection Committee shall finalise the selection of the \nChairperson and Members referred to in sub-section (5) within three month from \nthe date on which the reference is made to it. \n \n (7) The Selection Committee shall recommend a panel of two names \nfor every vacancy referred to it. \n \n (8) Before recommending any person for appointment as Member of \nthe Appellate Tribunal or the Chairperson or other Member of the Central \nCommission, the Selection Committee shall satisfy itself that such person does not \nhave any financial or other interest which is likely to affect prejudicially his \nfunctions as the Chairperson or Member. \n \n (9) No appointment of the Chairperson or other Member shall be \ninvalid merely by reason of any vacancy in the Selection Committee: \n \n \n Provided that nothing contained in this section shall apply to the \nappointment of a person as the Chairperson of the Central Commission where such \nperson is, or has been , a Judge of the Supreme Court or the Chief Justice of a High \n\n \n \n \n42 \n \n \n \n \nFunctions of \nCentral \nCommission \nperson is, or has been , a Judge of the Supreme Court or the Chief Justice of a High \nCourt.", "footnote": "", "is_definition": false, "sort_order": 84 }, { "number": "79", "title": "Section 79. (1) The Central Commission shall discharge the following functions,", "chapter": null, "content": "namely:- \n \n(a) to regulate the tariff of generating companies owned or controlled by \nthe Central Government; \n \n(b) to regulate the tariff of generating companies other than those owned \nor controlled by the Central Government specified in clause (a), if \nsuch generating companies enter into or otherwise have a composite \nscheme for generation and sale of electricity in more than one State; \n \n(c) to regulate the inter-State transmission of electricity ; \n \n(d) to determine tariff for inter-State transmission of electricity; \n \n(e) to issue licenses to persons to function as \n transmission licensee and \nelectricity trader with respect to their inter-State operations. \n \n(f) to adjudicate upon disputes involving generating companies or \ntransmission licensee in regard to matters connected with clauses (a) \nto (d) above and to refer any dispute for arbitration; \n \n \n(g) to levy fees for the purposes of this Act; \n \n(h) to specify Grid Code having regard to Grid Standards; \n \n(i) to specify and enforce the standards with respect to quality, \ncontinuity and reliability of service by licensees. \n \n(j) to fix the trading margin in the inter-State trading of electricity, if \nconsidered, necessary; \n \n(k) to discharge such other functions as may be assigned under this Act. \n(2) The Central Commission shall advise the Central Government on all or any of \nthe following matters, namely :- \n(a) Advise the Central Government on all or any of the following \nmatters, namely:- \n(i) formulation of National electricity Policy and tariff \npolicy: \n (ii) promotion of competition, efficiency and economy in \n activities of the electricity industry; \n \n (iii) promotion of investment in electricity industry; \n \n (iv) any other matter referred to the Central Commission by \n that Government. \n \n (3) The Central Commission shall ensure transparency while \nexercising its powers and discharging its functions. \n \n (4) In discharge of its functions, the Central Commission shall be \nguided by the National Electricity \nPolicy, National Electricity Plan and tariff policy \npublished under section 3. \n \n \n \n \n\n \n \n \n43 \n \nCentral Advisory \nCommittee \n \n. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nObjects of Central \nAdvisory \nCommittee \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nConstitution of \nState Commission \n \n \n \n \n \n14 of 1998 \n \n80 (1) The Central Commission may, by notification, establish with \neffect from such date as it may specify in such notification, a Committee to be \nknown as the Central Advisory Committee. \n \n (2) The Central Advisory Committee shall consist of not more than \nthirty-one members to represent the interests of commerce, industry, transport, \nagriculture, labour, consumers, non-governmental organisations and academic and \nresearch bodies in the electricity sector. \n \n (3) The Chairperson of the Central Commission shall be the ex-\nofficio Chairperson of the Central Advisory Committee and the Members of that \nCommission and Secretary to the Government of India in charge of the Ministry or \nDepartment of the Central Government dealing with Consumer Affairs and Public \nDistribution System shall be the ex-officio Members of the Committee.", "footnote": "", "is_definition": false, "sort_order": 85 }, { "number": "81", "title": "Section 81. The objects of the Central Advisory Committee shall be to advise the", "chapter": null, "content": "Central Commission on:-- \n \n (i) major questions of policy; \n \n (ii) matters relating to quality, continuity and extent of service \n provided by the licensees; \n \n (iii) compliance by the licensees with the conditions and requirements \n of their licence; \n \n (iv) protection of consumer interest; \n \n (v) electricity supply and overall standards of performance by \n utilities. \n \nConstitution, powers and functions of the State Commissions", "footnote": "", "is_definition": false, "sort_order": 86 }, { "number": "82", "title": "Section 82. (1) Every State Government shall, within six months from the", "chapter": null, "content": "appointed date, by notification, constitute for the purposes of this Act, a \nCommission for the State to be known as the (name of the State) Electricity \nRegulatory Commission: \n \n Provided that the State Electricity Regulatory Commission, established by \na State Government under section 17 of the Electricity Regulatory Commissions \nAct, 1998 and the enactments specified in the Schedule, and functioning as such \nimmediately before the appointed date shall be the State Commission for the \npurposes of this Act and the Chairperson, Members, Secretary, and other officers \nand other employees thereof shall continue to hold office, on the same terms and \nconditions on which they were appointed under those Acts. \n \nProvided further that the Chairperson and other Members of the State \nCommission appointed before the commencement of this Act under the Electricity \nRegulatory Commissions Act, 1998 or under the enactments specified in the \nSchedule, may on the recommendations of the Selection Committee constituted \nunder sub-section (1) of Section 85 be allowed to opt for the terms and conditions \nunder this Act by the concerned State Government. \n \n (2) The State Commission shall be a body corporate by the name \naforesaid, having perpetual succession and a common seal, with power to acquire, \nhold and dispose of property, both movable and immovable, and to contract and \nshall, by the said name, sue or be sued. \n \n (3) The head office of the State Commission shall be at such place as \nthe State Government may, by notification, specify. \n \n \n \n \n \n \n \n \n \n \n \n\n \n \n \n44 \n (4) The State Commission shall consist of not more than three \nMembers, including the Chairperson. \n \n (5) The Chairperson and Members of the State Commission shall be \nappointed by the State Government on the recommendation of a Selection \nCommittee referred to in section 85. \n \n \nJoint Commission \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n14 of 1998", "footnote": "", "is_definition": false, "sort_order": 87 }, { "number": "83", "title": "Section 83. (1) Notwithstanding anything to the contrary contained in section 82,", "chapter": null, "content": "a Joint Commission may be constituted by an agreement to be entered into - \n \n (a) by two or more Governments of States; or \n \n(b) by the Central Government, in respect of one or more Union \nterritories, and one or more Governments of States, \n \n and shall be in force for such period and shall be subject to renewal for \neach further period, if any, as may be stipulated in the agreement: \n \n Provided that the Joint Commission, constituted under section 21 A of \nElectricity Regulatory Commi\nssions Act, 1998 and functioning as such \nimmediately before the appointed day, shall be the Joint Commission for the \npurposes of this Act and the Chairperson, members, Secretary and other officers \nand employees thereof shall be deemed to have been appointed as such under this \nAct and they shall continue to hold office, on the same terms and conditions on \nwhich they were appointed under the Electricity Regulatory Commissions Act,", "footnote": "", "is_definition": false, "sort_order": 88 }, { "number": "1998", "title": "Section 1998. (2) The Joint Commission shall consists of 1 Member from each of", "chapter": null, "content": "the participating States and Union Territories and the Chairperson shall be \nappointed from amongst the Members by consensus, failing which by rotation. \n \n(3) An agreement under sub-section (1) shall contain provisions as to \nthe name of the Joint Commission, the manner in which the participating States \nmay be associated in the selection of the Chairperson and Members of the Joint \nCommission, manner of appointment of Members and appointment of \nChairperson by rotation or consensus, places at which the Commission shall sit, \napportionment among the participating States of the expenditure in connection with \nthe Joint Commission, manner in which the differences of opinion between the \nJoint Commission and the State Government concerned would be resolved and may \nalso contain such other supplemental, incidental and consequential provisions not \ninconsistent with this Act as may be deemed necessary or expedient for giving \neffect to the agreement. \n \n (4) The Joint Commission shall determine tariff in respect of the \nparticipating States or Union Territories separately and independently. \n \n \n (5) Notwithstanding anything contained in this section, the Central \nGovernment may, if so authorised by all the participating States, constitute a Joint \nCommission and may exercise the powers in respect of all or any of the matters \nspecified under sub-section (3) and specifically so authorized by the participating \nStates. \n \n \n \nQualifications of \nappointment of \nChairperson and \nMembers of \nState \nCommission.", "footnote": "", "is_definition": false, "sort_order": 89 }, { "number": "84", "title": "Section 84. (1) The Chairperson and the Members of the State Commission shall", "chapter": null, "content": "be persons of ability, integrity and standing who have adequate knowledge of, and \nhave shown capacity in, dealing with problems relating to engineering, finance, \ncommerce, economics, law or management. \n \n (2) Notwithstanding anything contained in sub-section (1), the State \nGovernment may appoint any person as the Chairperson from amongst persons who \nis, or has been, a Judge of a High Court: \n \n\n \n \n \n45 \nis, or has been, a Judge of a High Court: \n \n Provided that no appointment under this sub-section shall be made except \nafter consultation with the Chief Justice of that High Court. \n \n (3) The Chairperson or any other Member of the State Commission \nshall not hold any other office. \n \n (4) The Chairperson shall be the Chief Executive of the State \nCommission. \n \nConstitution of \nSelection \nCommittee to \nselect Members of \nState Commission. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nFunctions of \nState \nCommission", "footnote": "", "is_definition": false, "sort_order": 90 }, { "number": "85", "title": "Section 85. (1) The State Government shall, for the purposes of selecting the Members", "chapter": null, "content": "of the State Commission, constitute a Selection Committee consisting of – \n \n(a) a person who has been a Judge of the High Court… . Chairperson; \n(b) the Chief Secretary of the concerned State… … … … . … .Member; \n(c) the Chairperson of the Authority or \n the Chairperson of the Central Commission … … … … .. Member: \n \n Provided that nothing contained in this section shall apply to the \nappointment of a person as the Chairperson who is or has been a Judge of the High \nCourt. \n \n (2) The State Government shall, within one month from the date of \noccurrence of any vacancy by reason of death, resignation or removal of the \nChairperson or a Member and six months before the superannuation or end of \ntenure of the Chairperson or Member, make a reference to the Selection Committee \nfor filling up of the vacancy. \n \n (3) The Selection Committee shall finalise the selection of the \nChairperson and Members within three month from the date on which the reference \nis made to it. \n \n (4) The Selection Committee shall recommend a panel of two names \nfor every vacancy referred to it. \n \n (5) Before recommending any person for appointment as the \nChairperson or other Member of the State Commission, the Selection Committee \nshall satisfy itself that such person does not have any financial or other interest \nwhich is likely to affect prejudicially his functions as Chairperson or Member, as \nthe case may be. \n \n (6) No appointment of Chairperson or other Member shall be invalid \nmerely by reason of any vacancy in the Selection Committee.", "footnote": "", "is_definition": false, "sort_order": 91 }, { "number": "86", "title": "Section 86. (1) The State Comm", "chapter": null, "content": "ission shall discharge the following functions, \nnamely: - \n \n (a) determine the tariff for generation, supply, transmission and \nwheeling of electricity, wholesale, bulk or retail, as the case may be, within the \nState: \n \n Providing that where open access has been permitted to a category of \nconsumers under section 42, the State Commission shall determine only the \nwheeling charges and surcharge thereon, if any, for the said category of \nconsumers; \n \n \n (b) regulate electricity purchase and procurement process of \ndistribution licensees including the price at which electricity shall be procured \nfrom the generating companies or licensees or from other sources through \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n\n \n \n \n46 \nagreements for purchase of power for distribution and supply within the State; \n \n (c) facilitate intra-state transmission and wheeling of electricity; \n \n (d) issue licences to persons seeking to act as transmission licensees, \ndistribution licensees and electricity traders with respect to their operations within \nthe State; \n \n (e) promote congenration and generation of electricity from \nrenewable sources of energy by providing suitable measures for connectivity with \nthe grid and sale of electricity to any person, and also specify, for purchase of \nelectricity from such sources, a percentage of the total consumption of electricity \nin the area of a distribution licence; \n \n (f) adjudicate upon the disputes between the licensees, and \ngenerating companies and to refer any dispute for arbitration; \n \n (g) levy fee for the purposes of this Act; \n \n (h) specify State Grid Code consistent with the Grid Code \nspecified under clause (h) of sub-section (1) of section 79; \n \n (i) specify or enforce standards with respect to quality, continuity \n \nand reliability of service by licensees; \n \n (j) fix the trading margin in the intra-State trading of electricity, if \nconsidered, necessary; and \n \n (k) discharge such other functions as may be assigned to it under this Act. \n \n (2) The State Commission shall advise the State Government on all or any \nof the following matters, namely :-. \n \n (i) promotion of competition, efficiency and economy in activities \nof the electricity industry; \n \n (ii) promotion of investment in electricity industry; \n \n (iii) reorganization and restructuring of electricity industry in the \nState; \n \n (iv) matters concerning generation, transmission , distribution and \ntrading of electricity or any other matter referred to the State Commission by that \nGovernment. \n \n (3) The State Commission shall ensure transparency while exercising \nits powers and discharging its functions. \n \n (4) In discharge of its functions the State Commission shall be \nguided by the National Electricity Policy, National Electricity Plan and tariff policy \npublished under section 3. \nState \nAdvisory \nCommittee", "footnote": "", "is_definition": false, "sort_order": 92 }, { "number": "87", "title": "Section 87. (1) The State Commission may, by notification, establish with effect", "chapter": null, "content": "from such date as it may specify in such notification, a Committee to be known as \nthe State Advisory Committee. \n \n (2) The State Advisory Committee shall consist of not more than \ntwenty-one members to represent the interests of commerce, industry, transport, \nagriculture, labour, consumers, non-governmental organisations and academic and \nresearch bodies in the electricity sector. \n \n (3) The Chairperson of the State Commission shall be the ex-officio \nChairperson of the State Advisory Committee and the Members of the State \nCommission and the Secretary to State Government in charge of the Ministry or \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n\n \n \n \n47 \n \n \n \n \n \nObjects of State \nAdvisory \nCommittee \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nCommission and the Secretary to State Government in charge of the Ministry or \nDepartment dealing with Consumer Affairs and Public Distribution System shall be \nthe ex-officio Members of the Committee.", "footnote": "", "is_definition": false, "sort_order": 93 }, { "number": "88", "title": "Section 88. The objects of the State Advisory Committee shall be to advise the", "chapter": null, "content": "Commission on – \n \n (i) major questions of policy; \n \n (ii) matters relating to quality, continuity and extent of service \nprovided by the licensees; \n \n (iii) compliance by licensees with the conditions and requirements \nof their licence: \n \n (iv) protection of consumer interest; and \n \n (v) electricity supply and overall standards of performance by \nutilities.\n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nTerm of office and \nconditions of \nservice of \nmembers\n \n \nAppropriate Commission – Other Provisions", "footnote": "", "is_definition": false, "sort_order": 94 }, { "number": "89", "title": "Section 89. (1) The Chairperson or other Member shall hold office for a term of", "chapter": null, "content": "five years from the date he enters upon his office; \n \n Provided that the Chairperson or other Member in the Central Commission \nor the State Commission shall not be eligible for re-appointment in the same \ncapacity as the Chairperson or a Member in that Commission in which he had \nearlier held office as such : \n \nProvided further that no Chairperson or Member shall hold office as such after \nhe has attained the age of sixty-five years. \n \n(2) The salary, allowances and other terms and conditions of service \nof the Chairperson and Members shall be such as may be prescribed by the \nAppropriate Government. \n \n Provided that the salary, allowances and other terms and conditions of \nservice of the Members, shall not be varied to their disadvantage after \nappointment. \n \n (3) Every Member shall, before entering upon his office, make and \nsubscribe to an oath of office and secrecy in such form and in such manner and \nbefore such authority as may be prescribed. \n \n (4) Notwithstanding anything contained in sub-section (1), a Member \nmay- \n \n(a) Relinquish his office by giving in writing to the Appropriate \nGovernment a notice of not less than three months; or \n \n (b) be removed from his office in accordance with the provisions of \nsection 90. \n \n (5) Any member ceasing to hold office as such shall – \n \n \n (a) not accept any commercial employment for a period of two years \nfrom the date he ceases to hold such office; and \n \n \n \n\n \n \n \n48 \n (b) not represent any person before the Central Commission or any \nState Commission in any manner. \n \n Explanation. - For the purposes of this sub-section \"commercial \nemploymentº means employment in any capacity in any organisation which has \nbeen a party to the proceedings before the Appropriate Commission or employment \nin any capacity under, or agency of, a person engaged in trading, commercial, \nindustrial or financial business in electricity industry and includes a director of a \ncompany or partner of a firm or setting up practice either independently or as \npartner of a firm or as an advisor or a consultant. \n \n \n \n \nRemoval of \nmember.", "footnote": "", "is_definition": false, "sort_order": 95 }, { "number": "90", "title": "Section 90. (1) No Member shall be removed from office except in accordance", "chapter": null, "content": "with the provisions of this section. \n \n (2) The Central Commission, in the case of a Member of the Central \nCommission, and the State Government, in the case of a Member of the State \nCommission, may by order remove from office any Member, if he- \n \n (a) has been adjudged an insolvent; \n \n b) has been convicted of an offence which, in the opinion of the \nAppropriate Government, involves moral turpitude; \n \n (c) has become physically or mentally incapable of acting as a \nMember; \n \n (d) has acquired such financial or other interest as is likely to affect \nprejudicially his functions as a Member; \n \n (e) has so abused his position as to render his continuance in office \nprejudicial to the public interest; or \n \n (f) has been guilty of proved misbehaviour: \n \n Provided that no Member shall be removed from his office on any ground \nspecified in clauses (d), (e) and (f) unless the Chairperson of the Appellate Tribunal \non a reference being made to him in this behalf by the Central Government, or \nthe State Government, as the case may be, has, on an inquiry, held by him in \naccordance with such procedure as may be prescribed by the Central Government, \nreported that the Member ought on such ground or grounds to be removed. \n \n(3) The Central Government or the State Government, as the case may be, \nmay, in consultation with the Chairperson of the Appellate Tri\nbunal suspend any \nMember of the Appropriate Commission in respect of whom a reference has been \nmade to the Chairperson of the Appellate Tribunal, under sub-section (2) until the \nCentral Government or the State Government, as the case may be, has passed \norders on receipt of the report of the Chairperson of the Appellate Tribunal, on \nsuch reference : \n \n \nProvided that nothing contained in this section shall apply to the \nChairperson of the Appropriate Commission who, at the time of his appointment as \nsuch is a sitting Judge of the Supreme court or the chief Justice of a High Court or \na Judge of a High Court. \n \n \n \n \n \n \nSecretary \nOfficers and other \n \nProceedings and powers of the Appropriate Commission", "footnote": "", "is_definition": false, "sort_order": 96 }, { "number": "91", "title": "Section 91. (1) The Appropriate Commission may appoint a Secretary to exercise", "chapter": null, "content": "such powers and perform such duties as may be specified. \n \n \n \n \n \n\n \n \n \n49 \nemployees of \nAppropriate \nCommission . \nsuch powers and perform such duties as may be specified. \n \n (2) The Appropriate Commission may, with the approval of the \nAppropriate Government, specify the numbers, nature and categories of other \nofficers and employees. \n \n (3) The salaries and allowances payable to, and other term and \nconditions of service of, the Secretary, officers and other employees shall be such \nas may be specified with the approval of the Appropriate Government. \n \n (4) The Appropriate Commission may appoint consultants required \nto assist that Commission in the discharge of its functions on the terms and \nconditions as may be specified. \n \n \n \n5 of 1908 \n \nProceedings of \nAppropriate \nCommission.", "footnote": "", "is_definition": false, "sort_order": 97 }, { "number": "92", "title": "Section 92. (1) The Appropriate Commission shall meet at the head office or any", "chapter": null, "content": "other place at such time as the Chairperson may direct, and shall observe such rules \nof procedure in regard to the transaction of business at its meetings (including the \nquorum at its meetings) as it may specify. \n \n (2) The Chairperson, or if he is unable to attend a meeting of the \nAppropriate Commission, any other Member nominated by the Chairperson in this \nbehalf and, in the absence of such nomination or where there is no Chairperson, any \nMember chosen by the Members present from among themselves, shall preside at \nthe meeting. \n \n (3) All questions which come up before any meeting of the \nAppropriate Commission shall be decided by a majority of votes of the Members \npresent and voting, and in the event of an equality of votes, the Chairperson or in \nhis absence, the person presiding shall have a second or casting vote. \n \n \n (4) Save as otherwise provided in sub-section (3), every Member \nshall have one vote. \n \n (5) All orders and decisions of the Appropriate Commission shall be \nauthenticated by its Secretary or any other officer of the Commission duly \nauthorised by the Chairperson in this behalf. \n \n \n \n \n \nVacancies, etc., \nnot to invalidate \nproceedings.", "footnote": "", "is_definition": false, "sort_order": 98 }, { "number": "93", "title": "Section 93. No act or proceedings of the Appropriate Commission shall be questioned", "chapter": null, "content": "or shall be invalidated merely on the ground of existence of any vacancy or defect \nin the constitution of the Appropriate Commission. \n \n \n \nPowers of \nAppropriate \nCommission .", "footnote": "", "is_definition": false, "sort_order": 99 }, { "number": "94", "title": "Section 94. (1) The Appropriate Commission shall, for the purposes of any", "chapter": null, "content": "inquiry or proceedings under this Act, have the same powers as are vested in a civil \ncourt under the Code of Civil Procedure, 1908 in respect of the following matters, \nnamely: - \n \n (a) summoning and enforcing the attendance of any person and \nexamining him on oath; \n \n (b) discovery and production of any document or other material \nobject producible as evidence; \n \n (c) receiving evidence on affidavits; \n \n (d) requisitioning of any public record; \n \n (e) issueing commission for the examination of witnesses; \n \n (f) reviewing its decisions, directions and orders; \n \n \n \n \n5 of 1908. \n\n \n \n \n50 \n \n (g) any other matter which may be prescribed. \n \n(2) The Appropriate Commission shall have the powers to pass such \ninterim order in any proceeding, hearing or matter before the Appropriate \nCommission, as that Commission may consider appropriate. \n \n(3) The Appropriate Commission may authorise any person, as it \ndeems fit, to represent the interest of the consumers in the proceedings before it. \n \nProceedings \nbefore \nCommission. \n \n45 of 1860. \n2 of 1974.", "footnote": "", "is_definition": false, "sort_order": 100 }, { "number": "95", "title": "Section 95. All proceedings before the Appropriate Commission shall be deemed to", "chapter": null, "content": "be judicial proceedings within the meaning of sections 193 and 228 of the Indian \nPenal Code and the Appropriate Commission shall be deemed to be a civil court \nfor the purposes of sections 345 and 346 of the Code of Criminal Procedure, 1973. \n \n \n \n \n \nPowers of entry \nand seizure. \n \n2 of 1974", "footnote": "", "is_definition": false, "sort_order": 101 }, { "number": "96", "title": "Section 96. The Appropriate Commission or any officer, not below the rank of a", "chapter": null, "content": "Gazetted Officer specially authorised in this behalf by the Commission, may enter \nany building or place where the Commission has reason to believe that any \ndocument relating to the subject matter of the inquiry may be found, and may seize \nany such document or take extracts or copies therefrom subject to the provisions of \nsection 100 of the Code of Criminal Procedure, 1973, insofar as it may be \napplicable. \n \n \nDelegation . \n \n \n \n \n \n \n \n \n \n \n \n \n \nGrants and loans \nby Central \nGovernment \n \n \nEstablishment of \nFund by Central \nGovernment", "footnote": "", "is_definition": false, "sort_order": 102 }, { "number": "97", "title": "Section 97. The Appropriate Commission may, by general or special order in writing,", "chapter": null, "content": "delegate to any Member, Secretary officer of the Appropriate Commission or any \nother person subject to such conditions, if any, as may be specified in the order, \nsuch of its powers and functions under this Act (except the powers to adjudicate \ndisputes under Section 79 and Section 86 and the powers to make regulations under \nsection 178 or section 181) as it may deem necessary. \n \n \n \nGrants, Fund, Accounts, Audit and Report", "footnote": "", "is_definition": false, "sort_order": 103 }, { "number": "98", "title": "Section 98. The Central Government may, after due appropriation made by Parliament", "chapter": null, "content": "in this behalf, make to the Central Commission grants and loans of such sums of \nmoney as that Government may consider necessary.", "footnote": "", "is_definition": false, "sort_order": 104 }, { "number": "99", "title": "Section 99. (1) There shall be constituted a Fund to be called the Central Electricity", "chapter": null, "content": "Regulatory Commission Fund and there shall be credited thereto- \n \n(a) any grants and loans made to the Central Commission by the Central \nGovernment under section 98; \n(b) all fees received by the Central Commission under this Act; \n(c) all sums received by the Central Commission from such other sources as \nmay be decided upon by the Central Government. \n \n \n(2) The Fund shall be applied for meeting ± \n \n(a) the salary, allowances and other remuneration of Chairperson, \nMembers, Secretary, officers and other employees of the Central \nCommission; \n(b) the expenses of the Central Commission in discharge of its \nfunction under section 79; \n(c) the expenses on objects and for purposes authorised by this Act. \n \n(3) The Central Government may, in consultation with the Comptroller \nand Auditor-General of India, prescribe the manner of applying the Fund for \nmeeting the expenses specified in clause (b) or clause (c) of sub-section (2). \n \n \n \n\n \n \n \n51 \n \n \nAccounts and \nAudit of Central \nCommission. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nAnnual Report of \nCentral \nCommission \n \n \n \n \n \n \n \nGrants and \nLoans by State \nGovernment \n \n \n \nEstablishment of \nFund by State \nGovernment", "footnote": "", "is_definition": false, "sort_order": 105 }, { "number": "100", "title": "Section 100. (1) The Central Commission shall maintain proper accounts and", "chapter": null, "content": "other relevant records and prepare an annual statement of accounts in such form as \nmay be prescribed by the Central Government in consultation with the Comptroller \nand Auditor-General of India. \n \n (2) The accounts of the Central Commission shall be audited by the \nComptroller and Auditor-General of India at such intervals as may be specified by \nhim and any expenditure incurred in connection with such audit shall be payable by \nthe Central Commission to the Comptroller and Auditor General of India. \n \n (3) The Comptroller and Auditor-General of India and any person \nappointed by him in connection with the auditing of the accounts of the Central \nCommission under this Act shal\nl have the same rights and privileges and authority \nin connection with such audit as the Comptroller and Auditor-General of India has \nin connection with the audit of the Government accounts and, in particular, shall \nhave the right to demand the production of books, accounts, connected vouchers \nand other documents and papers and to inspect any of the offices of the Central \nCommission. \n \n (4) The accounts of the Central Commission, as certified by the \nComptroller and Auditor- General of India or any other person appointed by him in \nthis behalf, together with the audit report thereon, shall be forwarded annually to \nthe Central Government and that Government shall cause the same to be laid, as \nsoon as may be after it is received, before each House of Parliament.", "footnote": "", "is_definition": false, "sort_order": 106 }, { "number": "101", "title": "Section 101. (1) The Central Commission shall prepare once every year, in such form", "chapter": null, "content": "and at such time as may be prescribed, an annual report giving a summary of its \nactivities during the previous year and copies of the report shall be forwarded to \nthe Central Government. \n \n (2) A copy of the report received under sub-section (1) shall be laid, as \nsoon as may be after it is received, before each House of Parliament.", "footnote": "", "is_definition": false, "sort_order": 107 }, { "number": "102", "title": "Section 102. The State Government may, after due appropriation made by Legislature", "chapter": null, "content": "of a State in this behalf, make to the State Commission grants and loans of such \nsums of money as that Government may consider necessary.", "footnote": "", "is_definition": false, "sort_order": 108 }, { "number": "103", "title": "Section 103. (1) There shall be constituted a Fund to be called the State Electricity", "chapter": null, "content": "Regulatory Commission fund and there shall be credited thereto- \n \n(a) any grants and loans made to the State Commission by the State \nGovernment under Section 102; \n(b) all fees received by the State Commission under this Act; \n(c) all sums received by the State Commission from such other sources as may \nbe decided upon by the State Government. \n \n(2) The Fund shall be applied for meeting ± \n \n(a) the salary, allowances and other remuneration of Chairperson, Members, \nSecretary, officers and other employees of the State Commission; \n(b) the expenses of the State Commission in discharge of its function under \nSection 86; and \n(c) the expenses on objects and for purposes authorised by this Act. \n \n(3) The State Government may, in consultation with the Comptroller and \nAuditor-General of India, prescribe the manner of applying the Fund for meeting \nthe expenses specified in clause (b) or clause (c) of sub-section (2). \n \n \n \n\n \n \n \n52 \n \n \nAccounts and \naudit of State \nCommission \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nAnnual report of \nState Commission \n \n \n \n \n \n \n \n \n \nBudget of \nAppropriate \nCommission", "footnote": "", "is_definition": false, "sort_order": 109 }, { "number": "104", "title": "Section 104. (1) The State Commission shall maintain proper accounts and other", "chapter": null, "content": "relevant records and prepare annual statement of accounts in such forms as may be \nprescribed by the State Government in consultation with the Comptroller and \nAuditor-General of India. \n \n (2) The Accounts of the State Commission shall be audited by the \nComptroller and Auditor-General of India at such intervals as may be specified by \nhim and any expenditure incurred in connection with such audit shall be payable by \nthe State Commission to the Comptroller and Auditor- General of India. \n \n (3) The Comptroller and Auditor-General of India and any person \nappointed by him in connection with the audit of the accounts of the State \nCommission under this Act shall have the same rights and privileges and authority \nin connection with such audit as the Comptroller and Auditor-General of India \ngenerally has in connection with the audit of Government accounts and, in \nparticular, shall have the right to demand the production of books, accounts, \nconnected vouchers and other documents and papers and to inspect any of the \noffices of the State Commission. \n \n (4) The accounts of the State Commission, as certified by the \nComptroller and Auditor-General of India or any other person appointed by him in \nthis behalf, together with the audit report thereon shall be forwarded annually to the \nState Government and that Government shall cause the same to be laid , as soon as \nmay be after it is received, before the State Legislature.", "footnote": "", "is_definition": false, "sort_order": 110 }, { "number": "105", "title": "Section 105. (1) The State Commission shall prepare once every year in such form", "chapter": null, "content": "and at such time as may be prescribed, an annual report giving a summary of its \nactivities during the previous year and copies of the report shall be forwarded to the \nState Government. \n \n (2) A copy of the report received under sub-section ( 1 ) shall be laid, \nas soon as may be after it is received, before the State Legislature.", "footnote": "", "is_definition": false, "sort_order": 111 }, { "number": "106", "title": "Section 106. The Appropriate Commission shall prepare, in such form and at such time", "chapter": null, "content": "in each financial year as may be prescribed, its budget for the next financial year, \nshowing the estimated receipts and expenditure of that Commission and forward \nthe same to the Appropriate Government. \n \n \n \n \nDirections by \nCentral \nGovernment.", "footnote": "", "is_definition": false, "sort_order": 112 }, { "number": "107", "title": "Section 107. (1) In the discharge of its functions, the Central Commission shall be", "chapter": null, "content": "guided by such directions in matters of policy involving public interest as the \nCentral Government may give to it in writing. \n \n (2) If any question arises as to whether any such direction relates to a \nmatter of policy involving public interest, the decision of the Central Government \nthereon shall be final. \n \n \nDirections by \nState Government.", "footnote": "", "is_definition": false, "sort_order": 113 }, { "number": "108", "title": "Section 108. (1) In the discharge of its functions, the State Commission shall be", "chapter": null, "content": "guided by such directions in matters of policy involving public interest as the State \nGovernment may give to it in writing. \n \n (2) If any question arises as to whether any such direction relates to \na matter of policy involving public interest, the decision of the State Government \nthereon shall be final. \n \n \n \nDirections to Joint \nCommission.", "footnote": "", "is_definition": false, "sort_order": 114 }, { "number": "109", "title": "Section 109. Notwithstanding anything contained in this Act, where any Joint", "chapter": null, "content": "Commission is established under section 83 ± \n \n (a) the Government of the State, for which the Joint Commission is \n \n\n \n \n \n53 \nestablished, shall be competent to give any direction under this Act only in \ncases where such direction relates to matter within the exclusive territorial \njurisdiction of the State; \n \n (b) the Central Government alone shall be competent to give any \ndirection under this Act where such direction relates to a matter within the \nterritorial jurisdiction of two or more States or pertaining to a Union territory if \nthe participating Governments fail to reach an agreement or the participating \nStates or majority of them request the Central Government to issue such \ndirections. \n \n \nCHAPTER XI \n \nAPPELLATE TRIBUNAL FOR ELECTRICITY \n \nEstablishment of \nAppellate \nTribunal.", "footnote": "", "is_definition": false, "sort_order": 115 }, { "number": "110", "title": "Section 110. The Central Government shall, by notification, establish an Appellate", "chapter": null, "content": "Tribunal to be known as the Appellate Tribunal for Electricity to hear appeals \nagainst the orders of the adjudicating officer or the Appropriate Commission under \nthis Act. \n \n \nAppeal to \nAppellate \nTribunal.", "footnote": "", "is_definition": false, "sort_order": 116 }, { "number": "111", "title": "Section 111. (1) Any person aggrieved by an order made by an adjudicating", "chapter": null, "content": "officer under this Act (except under section 127) or an order made by the \nAppropriate Commission under this Act may prefer an appeal to the Appellate \nTribunal for Electricity: \n \n Provided that any person appealing against the order of the adjudicating \nofficer levying and penalty shall, while filling the appeal , deposit the amount of \nsuch penalty: \n \n Provided further that where in any particular case, the Appellate Tribunal \nis of the opinion that the deposit of such penalty would cause undue hardship to \nsuch person, it may dispense with such deposit subject to such conditions as it may \ndeem fit to impose so as to safeguard the realisation of penalty. \n \n (2) Every appeal under sub-section (1) shall be filed within a period \nof forty-five days from the date on which a copy of the order made by the \nadjudicating officer or the Appropriate Commission is received by the aggrieved \nperson and it shall be in such form, verified in such manner and be accompanied by \nsuch fee as may be prescribed: \n \n Provided that the Appellate Tribunal may entertain an appeal after the \nexpiry of the said period of forty-five days if it is satisfied that there was sufficient \ncause for not filing it within that period. \n \n \n \n \n (3) On receipt of an appeal under sub-section (1), the Appellate \nTribunal may, after giving the parties to the appeal an opportunity of being heard, \npass such orders thereon as it thinks fit, confirming, modifying or setting aside the \norder appealed against. \n \n (4) The Appellate Tribunal shall send a copy of every order made by \nit to the parties to the appeal and to the concerned adjudicating officer or the \nAppropriate Commission, as the case may be. \n \n (5) The appeal filed before the Appellate Tribunal under sub-section \n(1) shall be dealt with by it as expeditiously as possible and endeavour shall be \nmade by it to dispose of the appeal finally within one hundred and eighty days from \nthe date of receipt of the appeal: \n \n \n \n Provided that where any appeal could not be disposed off within the said \nperiod of one hundred and eighty days, the Appellate Tribunal shall record its \nreasons in writing for not disposing of the appeal within the said period. \n \n (6) The Appellate Tribunal may, for the purpose of examining the \nlegality, propriety or correctness of any order made by the adjudicating officer or \n \n\n \n \n \n54 \nlegality, propriety or correctness of any order made by the adjudicating officer or \nthe Appropriate Commission under this Act, as the case may be, in relation to any \nproceeding, on its own motion or otherwise, call for the records of such \nproceedings and make such order in the case as it thinks fit. \n \n \nComposition of \nAppellate \nTribunal.", "footnote": "", "is_definition": false, "sort_order": 117 }, { "number": "112", "title": "Section 112. (1) The Appellate Tribunal shall consist of a Chairperson and three other", "chapter": null, "content": "Members. \n \n (2) Subject to the provisions of this Act,- \n \n (a) the jurisdiction of the Appellate Tribunal may be exercised by \nBenches thereof; \n \n (b) a Bench may be constituted by the Chairperson of the Appellate \nTribunal with two or more Members of the Appellate Tribunal as the Chairperson \nof the Appellate Tribunal may deem fit: \n \n Provided that every Bench constituted under this clause shall include at \nleast one Judicial Member and one Technical Member; \n (c) \nthe Benches of the Appellate Tribunal shall ordinarily sit at \nDelhi and such other places as the Central Government may, in consultation with \nthe Chairperson of the Appellate Tribunal, notify; \n \n (d) the Central Government shall notify the areas in relation to which \neach Bench of the Appellate Tribunal may exercise jurisdiction. \n \n \n (3) Notwithstanding anything contained in sub-section (2), the \nChairperson of the Appellate Tribunal may transfer a Member of the Appellate \nTribunal from one Bench to another Bench. \n \nExplanation.- For the purposes of this Chapter,- \n \n (i) ª Judicial Memberº means a Member of the Appellate Tribunal \nappointed as such under sub-clause (i) of caluse (b) of sub-section (1) of section \n113, and includes the Chairperson of the Appellate Tribunal; \n \n (ii) ª Technical Memberº means a Member of the Appellate Tribunal \nappointed as such under sub-clause (ii) or sub-clause (iii) of clause (b) of sub-\nsection (1) of section 113. \n \n \nQualifications for \nappointment of \nChairperson and \nMember of the \nAppellate \nTribunal.", "footnote": "", "is_definition": false, "sort_order": 118 }, { "number": "113", "title": "Section 113. (1) A person shall not be qualified for appointment as the", "chapter": null, "content": "Chairperson of the Appellate Tribunal or a Member of the Appellate Tribunal \nunless he- \n \n (a) in the case of the Chairperson of the Appellate Tribunal, is, or has \nbeen, a judge of the Supreme Court or the Chief Justice of a High Court; and \n \n (b) in the case of a Member of the Appellate Tribunal,- \n \n(i) is, or has been, or is qualified to be, a Judge of a High Court; \nor \n \n(ii) is, or has been, a Secretary for at least one year in the \nMinistry or Department of the Central Government dealing \nwith economic affairs or matters or infrastructure; or \n \n \n \n(iii) is, or has been, a person of ability and standing, having \nadequate knowledge or experience in dealing with the \n \n\n \n \n \n55 \nmatters relating to electricity generation, transmission and \ndistribution and regulation or economics, commerce, law or \nmanagement. \n \n (2) The Chairperson of the Appellate Tribunal shall be appointed by \nthe Central Government after consultation with the Chief Justice of India. \n (3) \nThe Members of the Appellate Tribunal shall be appointed by \nthe Central Government on the recommendation of the Selection Committee \nreferred to in section 78. \n \n (4) Before appointing any person for appointment as Chairperson or \nother Member of the Appellate Tribunal, the Central Government shall satisfy itself \nthat such person does not have any financial or other interest which is likely to \naffect prejudicially his functions as such Chairperson or Member. \n \nTerm of office. 114. The Chairperson of the Appellate Tribunal or a Member of the Appellate \nTribunal shall hold office as such for a term of three years from the date on which \nhe enters upon his office: \n \n Provided that such Chairperson or other Member shall be eligible for \nreappointment for a second term of three years: \n \n Provided further that no Chairperson of the Appellate Tribunal or \nMember of the Appellate Tribunal shall hold office as such after he has attained,- \n \n (a) in the case of the Chairperson of the Appellate Tribunal , the age \nof seventy years; \n \n (b) in the case of a Member of the Appellate Tribunal, the age of \nsixty-five years. \n \n \nTerms and \nconditions of \nservice.", "footnote": "", "is_definition": false, "sort_order": 119 }, { "number": "115", "title": "Section 115. The salary and allowances payable to, and the other terms and conditions", "chapter": null, "content": "of service of, the Chairperson of the Appellate Tribunal and Members of the \nAppellate Tribunal shall be such as may be prescribed by the Central Government : \n \n Provided that neither the salary and allowances nor the other terms and \nconditions of service of the Chairperson of the Appellate Tribunal or a Member of \nthe Appellate Tribunal shall be varied to his disadvantage after appointment. \n \n \nVacancies. 116. If, for reason other than temporary absence, any vacancy occurs in the \noffice of the Chairperson of the Appellate Tribunal or a Member of the Appellate \nTribunal, the Central Government shall appoint another person in accordance with \nthe provisions of this Act to fill the vacancy and the proceedings may be continued \nbefore the Appellate Tribunal from the stage at which the vacancy is filled. \n \n \nResignation and \nremoval", "footnote": "", "is_definition": false, "sort_order": 120 }, { "number": "117", "title": "Section 117. (1) The Chairperson of the Appellate Tribunal or a Member of the", "chapter": null, "content": "Appellate Tribunal may, by notice in writing under his hand addressed to the \nCentral Government, resign his office: \n \n Provided that the Chairperson of the Appellate Tribunal or a Member of \nthe Appellate Tribunal shall, unless he is permitted by the Central Government to \nrelinquish his office sooner, continue to hold office until the expiry of three months \nfrom the date of receipt of such notice or until a person duly appointed as his \nsuccessor enters upon his office or until the expiry of term of office, whichever is \nthe earliest. \n \n \n (2) The Chairperson of the Appellate Tribunal or a Member of the \nAppellate Tribunal shall not be removed from his office except by an order by \nthe Central Government on the ground of proved misbehaviour or incapacity \nafter an inquiry made by a judge of the Supreme Court as the Central \n \n\n \n \n \n56 \nGovernment may appoint for this purpose in which the Chairperson or a \nMember of the Appellate Tribunal concerned has been informed of the charges \nagainst him and given a reasonable opportunity of being heard in respect of \nsuch charges. \n \nMember to act as \nChairperson in \ncertain circum- \nstances.", "footnote": "", "is_definition": false, "sort_order": 121 }, { "number": "118", "title": "Section 118. (1) In the event of the occurrence of any vacancy in the office of the", "chapter": null, "content": "Chairperson of the Appellate Tribunal by reason of his death, resignation or \notherwise, the senior-most Member of the Appellate Tribunal shall act as the \nChairperson of the Appellate Tribunal until the date on which a new Chairperson, \nappointed in accordance with the provisions of this Act to fill such vacancy, enters \nupon his office. \n \n (2) When the Chairperson of the Appellate Tribunal is unable to \ndischarge his functions owing to absence, illness or any other cause, the senior-\nmost Member of the Appellate Tribunal shall discharge the functions of the \nChairperson of the Appellate Tribunal until the date on which the Chairperson of \nthe Appellate Tribunal resumes his duties. \n \nOfficers and other \nemployees of \nAppellate \nTribunal..", "footnote": "", "is_definition": false, "sort_order": 122 }, { "number": "119", "title": "Section 119. (1) The Central Government shall provide the Appellate Tribunal", "chapter": null, "content": "with such officers and other employees as it may deem fit. \n \n (2) The officers and other employees of the Appellate Tribunal shall \ndischarge their functions under the general superintendence of the Chairperson of \nthe Appellate Tribunal. \n \n \n (3) The salaries and allowances and other terms and conditions of \nservice of the officers and other employees of the Appellate Tribunal shall be such \nas may be prescribed by the Central Government. \n \n \nProcedure and \npowers of \nAppellate \nTribunal.", "footnote": "", "is_definition": false, "sort_order": 123 }, { "number": "120", "title": "Section 120. (1) The Appellate Tribunal shall not be bound by the procedure laid", "chapter": null, "content": "down by the Code of Civil Procedure, 1908, but shall be guided by the principles of \nnatural justice and, subject to the other provisions of this Act, the Appellate \nTribunal shall have powers to regulate its own procedure. \n5 of 1908\n \n (2) The Appellate Tribunal shall have, for the purposes of \ndischarging its functions under this Act, the same powers as are vested in a civil \ncourt under the Code of Civil Procedure, 1908, while trying a suit, in respect of the \nfollowing matters, namely:- \n \n(a) summoning and enforcing the attendance of any person and examining \nhim on oath; \n(b) requiring the discovery and production of documents; \n(c) receiving evidence on affidavits; \n(d) subject to the provisions of sections 123 and 124 of the Indian Evidence \nAct, 1872, requisitioning any public record or document or copy of such \nrecord or document from any office; \n(e) issuing commissions for the examination of witnesses or documents; \n(f) reviewing its decisions; \n(g) dismissing a representation of default or deciding it ex parte; \n(h) setting aside any order of dismissal or any representation for default or \nany order passed by it ex parte; \n(i) any other matter which may be prescribed by the Central Government. \n \n5 of 1908 \n \n \n \n \n \n \n \n \n1 of 1872 \n \n \n \n \n \n \n \n \n \n \n45 of 1860. \n \n (3) An order made by the Appellate Tribunal under this Act shall be \nexecutable by the Appellate Tribunal as a decree of civil court and, for this \npurpose, the Appellate Tribunal shall have all the powers of a civil court. \n \n (4) Notwithstanding anything contained in sub-section (3), the \nAppellate Tribunal may transmit any order made by it to a civil court having \nlocal jurisdiction and such civil court shall execute the order as if it were a \ndecree made by that court. \n \n (5) All proceedings before the Appellate Tribunal shall be deemed to \nbe judicial proceedings within the meaning of sections 193 and 228 of the Indian \n \n\n \n \n \n57 \n \n2 of 1974. \nPenal Code and the Appellate Tribunal shall be deemed to be a civil court for the \npurposes of section 345 and 346 of the Code of Criminal Procedure, 1973 . \n \nPower of \nChairperson of \nAppellate \nTribunal \n \n \nDistribution of \nbusiness amongst \nBenches and \ntransfer of cases \nfrom one Bench to \nanother Bench.", "footnote": "", "is_definition": false, "sort_order": 124 }, { "number": "121", "title": "Section 121. The Chairperson of the Appellate Tribunal shall exercise general power", "chapter": null, "content": "of super-intendance and control over the Appropriate Commission.", "footnote": "", "is_definition": false, "sort_order": 125 }, { "number": "122", "title": "Section 122. (1) Where Benches are constituted, the Chairperson of the Appellate", "chapter": null, "content": "Tribunal may, from time to time, by notification, make provisions as to the \ndistribution of the business of the Appellate Tribunal amongst the Benches and also \nprovide for the matters which may be dealt with by each Bench. \n \n \n \n (2) On the application of any of the parties and after notice to the \nparties, and after hearing such of them as he may desire to be heard, or on his own \nmotion without such notice, the Chairperson of the Appellate Tribunal may \ntransfer any case pending before one Bench, for disposal, to any other Bench. \n \n \nDecision to be \nby majority.", "footnote": "", "is_definition": false, "sort_order": 126 }, { "number": "123", "title": "Section 123. If the Members of the Appellate Tribunal of a Bench consisting of two", "chapter": null, "content": "Members differ in opinion on any point, they shall state the point or points on \nwhich they differ, and make a reference to the Chairperson of the Appellate \nTribunal who shall either hear the point or points himself or refer the case for \nhearing on such point or points by one or more of the other Members of the \nAppellate Tribunal and such point or points shall be decided according to the \nopinion of the majority of the Members of the Appellate Tribunal who have heard \nthe case, including those who first heard it. \n \n \nRight of \nappellant to \ntake assistance \nof legal \npractitioner \nand of \nAppropriate \nCommission \nto appoint \npresenting \nofficers.", "footnote": "", "is_definition": false, "sort_order": 127 }, { "number": "124", "title": "Section 124. (1) A person preferring an appeal to the Appellate Tribunal under", "chapter": null, "content": "this Act may either appear in person or take the assistance of a legal practitioner of \nhis choice to present his case before the Appellate Tribunal, as the case may be. \n \n (2) The Appropriate Commission may authorise one or more legal \npractitioners or any of its officers to act as presenting officers and every person so \nauthorised may present the case with respect to any appeal before the Appellate \nTribunal, as the case may be. \n \nAppeal to \nSupreme \nCourt.", "footnote": "", "is_definition": false, "sort_order": 128 }, { "number": "125", "title": "Section 125. Any person aggrieved by any decision or order of the Appellate Tribunal,", "chapter": null, "content": "may, file an appeal to the Supreme Court within sixty days from the date of \ncommunication of the decision or order of the Appellate Tribunal, to him, on any \none or more of the grounds specified in section 100 of the Code of Civil \nProcedure,1908: \n \n Provided that the Supreme Court may, if it is satisfied that the appellant \nwas prevented by sufficient cause from filing the appeal within the said period, \nallow it to be filed within a further period not exceeding sixty days. \n \n \n \n \n \n5 of 1908 \n \n \n \n \n \n \nAssessment. \nPART ± XII \n \nINVESTIGATION AND ENFORCEMENT \n \n126 (1) If on an inspection of any place or premises or after inspection \nof the equipments, gadgets, machines, devices found connected or used, or after \ninspection of records maintained by any person, the assessing officer comes to the \nconclusion that such person is indulging in unauthorized use of electricity, he shall \nprovisionally assess to the best of his judgement the electricity charges payable by \nsuch person or by any other person benefited by such use. \n \n (2) The order of provisional assessment shall be served upon the \n \n\n \n \n \n58 \nperson in occupation or possession or in charge of the place or premises in such \nmanner as may be prescribed. \n \n (3) The person, on whom a notice has been served under sub- \nsection (2) shall be entitled to file objections, if any, against the provisional \nassessment before the assessing officer, who may, after affording a reasonable \nopportunity of hearing to such person, pass a final order of assessment of the \nelectricity charges payable by such person. \n \n (4) Any person served with the order of provisional assessment, \nmay, accept such assessment and deposit the assessed amount with the licensee \nwithin seven days of service of such provisional assessment order upon him: \n \n Provided that in case the person deposits the assessed amount he shall not \nbe subjected to any further liability or any action by any authority whatsoever. \n \n (5) If the assessing officer reaches to the conclusion that \nunauthorised use of electricity has taken place, it shall be presumed that such \nunauthorized use of electricity was continuing for a period of three months \nimmediately preceding the date of inspection in case of domestic and agricultural \nservices and for a period of six months immediately preceding the date of \ninspection for all other categories of services, unless the onus is rebutted by the \nperson, occupier or possessor of such premises or place. \n \n (6) The assessment under this section shall be made at a rate equal to \none-and-\nhalf times the tariff rates applicable for the relevant category of services \nspecified in sub-section (5). \n \n Explanation.- For the purposes of this section,- \n \n(a) ª assessing officerº means an officer of a State Government or Board or \nlicensee, as the case may be, designated as such by the State Government \n; \n(b) ª unauthorised use of electricityº means the usage of electricity ± \n \n(i) by any artificial means; or \n(ii) by a means not authorised by the concerned person or \nauthority or licensee; or \n(iii) through a tampered meter; or \n(iv) for the purpose other than for which the usage of electricity \nwas authorised. \n \nAppeal to \nAppellate \nAuthority.", "footnote": "", "is_definition": false, "sort_order": 129 }, { "number": "127", "title": "Section 127. (1) Any person aggrieved by a final order made under section 126 may,", "chapter": null, "content": "within thirty days of the said order, prefer an appeal in such form, verified in such \nmanner and be accompanied by such fee as may be specified by the State \nCommission, to an appellate authority as may be prescribed. \n \n (2) No appeal against an order of assessment under sub-section (1) \nshall be entertained unless an amount equal to one third of the assessed amount is \ndeposited in cash or by way of bank draft with the licensee and documentary \nevidence of such deposit has been enclosed along with the appeal. \n \n (3) The appellate authority referred to in sub-section (1) shall \ndispose of the appeal after hearing the parties and pass appropriate order and send \ncopy of the order to the assessing officer and the appellant. \n \n (4) The order of the appellate authority referred to in sub-section (1) \npassed under sub-section (3) shall be final. \n (5) No appeal shall lie to the appellate authority referred to in sub-\nsection (1) against the final order made with the consent of the parties. \n \n \n\n \n \n \n59 \n (6) When a person default in making payment of assessed amount, \nhe, in addition to the assessed amount shall be liable to pay, on the expiry of thirty \ndays from the date of order of assessment, an amount of interest at the rate of \nsixteen per cent per annum compounded every six months. \n \n \nInvestigation of \ncertain matters", "footnote": "", "is_definition": false, "sort_order": 130 }, { "number": "128", "title": "Section 128. (1) The Appropriate Commission may, on being satisfied that a", "chapter": null, "content": "licensee has failed to comply with any of the conditions of licence or a generating \ncompany or a licensee has failed to comply with any of the provisions of this \nAct or rules or regulations made thereunder, at any time, by order in writing, \ndirect any person (hereafter in this section referred to as “ Investigating \nAuthority” ) specified in the order to investigate the affairs of any generating \ncompany or licensee and to report to that Commission on any investigation \nmade by such Investigating Authority: \n \n Provided that the Investigating Authority may, wherever necessary, \nemploy any auditor or any other person for the purpose of assisting him in any \ninvestigation under this section. \n \n (2) Notwithstanding anything to the contrary contained in section \n235 of the Companies Act, 1956, the Investigating Authority may, at any time, \nand shall, on being directed so to do by the Appropriate Commission, cause an \ninspection to be made, by one or more of his officers, of any licensee or generating \ncompany and his books of account; and the Investigating Authority shall supply to \nthe licensee or generating company, as the case may be, a copy of his report on \nsuch inspection. \n \n (3) It shall be the duty of every manager, managing director or other \nofficer of the licensee or generating company, as the case may be, to produce \nbefore the Investigating Authority directed to make the investigation under sub-\nsection (1), or inspection under sub-section (2), all such books of account, registers \nand other documents in his custody or power and to furnish him with any statement \nand information relating to the affairs of the licensee or generating company, as \nthe case may be, as the said Investigating Authority may require of him within \nsuch time as the said Investigating Authority may specify. \n \n (4) Any Investigating Authority, directed to make an investigation \nunder sub-section (1), or inspection under sub-section (2), may examine on oath \nany manager, managing director or other officer of the licensee or generating \ncompany, as the case may be, in relation to his business and may administer \noaths accordingly. \n \n (5) The Investigating Authority, shall, if it has been directed by the \nAppropriate Commission to cause an inspection to be made, and may, in any other \ncase, report to the Appropriate Commission on any inspection made under this \nsection. \n \n (6) On receipt of any report under sub-section (1) or sub-section (5), \nthe Appropriate Commission may, after giving such opportunity to the licensee or \ngenerating company, as the case may be, to make a representation in connection \nwith the report as in the opinion of the Appropriate Commission, seems \nreasonable, by order in writing— \n \n (a) require the licensee or the generating company to take such \naction in respect of any matter arising out of the report as the Appropriate \nCommission may think fit; or \n \n (b) cancel the licenece; or \n \n (c) \ndirect the generating company to cease to carry on the \nbusiness of generation of electricity. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n\n \n \n \n60 \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nOrders for \nsecuring \ncompliance \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nProcedure for \nissuing \ndirections by \nAppropriate \nCommission. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n (7) The Appropriate Commission may, after giving reasonable \nnotice to the licensee or the generating company, as the case may be, publish the \nreport submitted by the Investigating Authority under sub-section (5) or such \nportion thereof as may appear to it to be necessary. \n \n (8) The Appropriate Commission may specify the minimum \ninformation to be maintained by the licensee or the generating company in their \nbooks, the manner in which such information shall be maintained, the checks and \nother verifications to be adopted by licensee or the generating company in that \nconnection and all other matters incidental thereto as are, in its opinion, necessary \nto enable the Investigating Authority to discharge satisfactorily its functions under \nthis section. \n \nExplanation.-\n For the purposes of this section, the expression “ licensee or the \ngenerating company” shall include in the case of a licensee incorporated in \nIndia— \n \n (a) all its subsidiaries formed for the purpose of carrying on the \nbusiness of generation or transmission or distribution or trading of electricity \nexclusively outside India; and \n \n (b) all its branches whether situated in India or outside India. \n \n (9) All expenses of, and incidental to, any investigation made under \nthis section shall be defrayed by the licensee or generating company, as the case \nmay be, and shall have priority over that debts due from the licensee or the \ngenerating company and shall be recoverable as an arrear of land revenue. \n \n \n129 (1) Where the Appropriate Commission, on the basis of material in \nits possession, is satisfied that a licensee is contravening, or is likely to \ncontravene, any of the conditions mentioned in his licence or conditions for grant \nof exemption or the licensee or the generating company has contravened or is \nlikely to contravene any of the provisions of this Act, it shall, by an order, give \nsuch directions as may be necessary for the purpose of securing compliance with \nthat condition or provision. \n \n (2) While giving direction under sub-section (1), the Appropriate \nCommission shall have due regard to the extent to which any person is likely to \nsustain loss or damage due to such contravention.", "footnote": "", "is_definition": false, "sort_order": 131 }, { "number": "130", "title": "Section 130. The Appropriate Commission, before issuing any direction under section", "chapter": null, "content": "129, shall-- \n \n(a) serve notice in the manner as may be specified to the concerned \nlicensee or generating company; \n \n (b) publish the notice in the manner as may be specified for the \npurpose of bringing the matters to the attention of persons, likely to be \naffected,or affected; \n \n (c) Consider suggestions and objections from the concerned licensee \nor generating company and the persons, likely to be affected, or affected. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n\n \n \n \n61 \n \n \n \n \n \n \n \n \nVesting of \nproperty of Board \nin State \nGovernment. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nPART ± XIII \n \n REORGANISATION OF BOARD", "footnote": "", "is_definition": false, "sort_order": 132 }, { "number": "131", "title": "Section 131. (1) With effect from the date on which a transfer scheme, prepared", "chapter": null, "content": "by the State Government to give effect to the objects and purposes of this Act, is \npublished or such further date as may be stipulated by the State Government \n(hereafter in this Part referred to as the effective date), any property, interest in \nproperty, rights and liabilities which immediately before the effective date \nbelonged to the State Electricity Board (hereafter referred to as the Board) shall \nvest in the State Government on such terms as may be agreed between the State \nGovernment and the Board. \n \n (2) Any property, interest in property, rights and liabilities vested in \nthe State Government under sub-section (1) shall be re-vested by the State \nGovernment in a Government company or in a company or companies, in \naccordance with the transfer scheme so published along with such other property, \ninterest in property, rights and liabilities of the State Government as may be \nstipulated in such scheme, on such terms and conditions as may be agreed between \nthe State Government and such company or companies being State Transmission \nUtility or generating company or transmission licensee or distribution licensee, as \nthe case may be : \n \n Provided that the transfer value of any assets transferred hereunder shall \nbe determined, as far as may be, based on the revenue potential of such assets at \nsuch terms and conditions as may be agreed between the State Government and the \nState Transmission Utility or generating company or transmission licensee or \ndistribution licensee, as the case may be. \n \n (3) Notwithstanding anything contained in this section, where,- \n \n(a) the transfer scheme involves the transfer of any property or \nrights to any person or undertaking not wholly owned by the State \nGovernment, the scheme shall give effect to the transfer only for fair value \nto be paid by the transferee to the State Government; \n \n(b) a transaction of any description is effected in pursuance of a \ntransfer scheme, it shall be binding on all persons including third parties and \neven if such persons or third parties have not consented to it. \n \n (4) The State Government may, after consulting the Government \ncompany or company or companies being State Transmission Utility or \ngenerating company or transmission licensee or distribution licensee, referred \nto in sub-section (2) (hereinafter referred to as the transferor), require such \ntransferor to draw up a transfer scheme to vest in a transferee being any other \ngenerating company or transmission licensee or distribution licensee, the \nproperty, interest in property, rights and liabilities which have been vested in the \ntransferor under this section, and publish such scheme as statutory transfer \nscheme under this Act. \n \n \n (5) A transfer scheme under this section may- \n \n (a) provide for the formation of subsidiaries, joint venture \ncompanies or other schemes of division, amalgamation, merger, reconstruction \nor arrangements which shall promote the profitability and viability of the \nresulting entity, ensure economic efficiency, encourage competition and protect \nconsumer interests; \n \n (b) define the property, interest in property, rights and liabilities to \nbe allocated - \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n\n \n \n \n62 \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n(i) by specifying or describing the property, rights and liabilities \nin question; or \n \n(ii) by referring to all the property, interest in property, rights and \nliabilities comprised in a described part of the transferor's undertaking; or \n \n(iii) partly in one way and partly in the other; \n \n (c) provide that any rights or liabilities stipulated or described in \nthe scheme shall be enforceable by or against the transferor or the transferee; \n \n (d) impose on the transferor an obligation to enter into such \nwritten agreements with or execute such other instruments in favour of any \nother subsequent transferee as may be stipulated in the scheme; \n \n (e) mention the functions and duties of the transferee; \n \n (f) make such supplemental, incidental and consequential provisions \nas the transferor considers appropriate including provision stipulating the \norder as taking effect; and \n \n \n (g) provide that the transfer shall be provisional for a stipulated \nperiod. \n \n (6) All debts and obligations incurred, all contracts entered into and \nall matters and things engaged to be done by the Board, with the Board or for the \nBoard, or the State Transmission Utility or generating company or transmission \nlicensee or distribution licensee, before a transfer scheme becomes effective shall, \nto the extent specified in the relevant transfer scheme, be deemed to have been \nincurred, entered into or done by the Board, with the Board or for the State \nGovernment or the transferee and all suits or other legal proceedings instituted by \nor against the Board or transferor, as the case may be, may be continued or \ninstituted by or against the State Government or concerned transferee, as the case \nmay be. \n \n (7) The Board shall cease to be charged with and shall not perform \nthe functions and duties with regard to transfers made on and after the effective \ndate. \n \nExplanation.- For the purpose of this Part, - \n \n(a) \"Government company\" means a Government Company formed and \nregistered under the Companies Act, 1956. \n \n(b) \"company\" means a company to be formed and registered under the \nCompanies Act, 1956 to undertake generation or transmission or \ndistribution in accordance with the scheme under this Part. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n1 of 1956 \n \n \n \n1 of 1956 \n \nUse of proceeds \nof sale or transfer \nof the Board etc.", "footnote": "", "is_definition": false, "sort_order": 133 }, { "number": "132", "title": "Section 132. In the event that a Board or any utility owned or controlled by the", "chapter": null, "content": "Appropriate Government is sold or transferred in any manner to a person who is \nnot owned or controlled by the Appropriate Government, the proceeds from such \nsale or transfer shall be utilised in priority to all other dues in the following order, \nnamely :- \n \n(a) dues (including retirement benefits due) to the officers and employees \nof such Board or utility, who have been affected by the aforesaid sale or \ntransfer; \n \n(b) payment of debt or other liabilities of the transferor as may be \n \n\n \n \n \n63 \nrequired by the existing loan covenants. \n \nProvisions relating \nto officers and \nemployees.", "footnote": "", "is_definition": false, "sort_order": 134 }, { "number": "133", "title": "Section 133. (1) The State Government may, by a transfer scheme, provide for the", "chapter": null, "content": "transfer of the officers and employees to the transferee on the vesting of properties, \nrights and liabilities in such transferee as provided under section 131. \n \n (2) Upon such transfer under the transfer scheme, the personnel shall \nhold office or service under the transferee on such terms and conditions as may be \ndetermined in accordance with the transfer scheme: \n \n Provided that such terms and conditions on the transfer shall not in any \nway be less favourable than those which would have been applicable to them if \nthere had been no such transfer under the transfer scheme: \n \n Provided further that the transfer can be provisional for a stipulated \nperiod. \n \nExplanation: - For the purposes of this section and the transfer scheme, the \nexpression \"officers and employees\" shall mean all officers and employees who \non the date specified in the scheme are the officers and employees of the Board \nor transferor, as the case may be. \n \n \n \nPayment of \ncompensation or \ndamages on \ntransfer.", "footnote": "", "is_definition": false, "sort_order": 135 }, { "number": "134", "title": "Section 134. Notwithstanding anything contained in the Industrial Disputes Act, 1947", "chapter": null, "content": "or any other law for the time being in force and except for the provisions made in \nthis Act, the transfer of the employment of the officers and employees referred to \nin sub-section (1) of section 133 shall not entitle such officers and employees to \nany compensation or damages under this Act, or any other Central or State law, \nsave as provided in the transfer scheme. \n \n \n14 of 1947 \n \n \n \n \n \n \n \nTheft of \nElectricity. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nPART ± XIV \n \nOFFENCES AND PENALTIES", "footnote": "", "is_definition": false, "sort_order": 136 }, { "number": "135", "title": "Section 135. (1) Whoever, dishonestly, --", "chapter": null, "content": "(a) taps, makes or causes to be made any connection with overhead, \nunderground or under water lines or cables, or service wires, or service \nfacilities of a licensee; or \n \n(b) tampers a meter, installs or uses a tampered meter, current reversing \ntransformer, loop connection or any other device or method which interferes \nwith accurate or proper registration, calibration or metering of electric current \nor otherwise results in a manner whereby electricity is stolen or wasted; or \n \n (c)damages or destroys an electric meter, apparatus, equipment, or wire or \ncauses or allows any of them to be so damaged or destroyed as to interfere \nwith the proper or accurate metering of electricity, \n \nso as to abstract or consume or use electricity shall be punishable with \nimprisonment for a term which may extend to three years or with fine or with both: \n \n \n Provided that in a case where the load abstracted, consumed, or used or \nattempted abstraction or attempted consumption or attempted use - \n \n(i) does not exceed 10 kilowatt, the fine imposed on first conviction shall not \nbe less than three times the financial gain on account of such theft of \nelectricity and in the event of second or subsequent conviction the fine \nimposed shall not be less than six times the financial gain on account of such \ntheft of electricity; \n \n \n \n \n \n\n \n \n \n64 \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n2 of 1974 \n \n \n(ii) exceeds 10 kilowatt, the fine imposed on first conviction shall not be less \nthan three times the financial gain on account of such theft of electricity and \nin the event of second or subsequent conviction, the sentence shall be \nimprisonment for a term not less than six months but which may extend to \nfive years and with fine not less than six times the financial gain on account \nof such theft of electricity: \n \n Provided further that if it is proved that any artificial means or means not \nauthorized by the Board or licensee exist for the abstraction, consumption or use of \nelectricity by the consumer, it shall be presumed, until the contrary is proved, that \nany abstraction, consumption or use of electricity has been dishonestly caused by \nsuch consumer. \n \n \n (2) Any officer authorized in this behalf by the State Government may -\n- \n \n (a) enter, inspect, break open and search any place or premises in \nwhich he has reason to believe that electricity has been, is being, or is likely to be, \nused unauthorisedly; \n \n (b) search, seize and remove all such devices, instruments, wires and \nany other facilitator or article which has been, is being, or is likely to be, used for \nunauthorized use of electricity; \n \n (c) examine or seize any books of account or documents which in \nhis opinion shall be useful for or relevant to, any proceedings in respect of the \noffence under sub-section (1) and allow the person from whose custody such books \nof account or documents are seized to make copies thereof or take extracts \ntherefrom in his presence. \n \n (3) The occupant of the place of search or any person on his behalf \nshall remain present during the search and a list of all things seized in the course \nof such search shall be prepared and delivered to such occupant or person who \nshall sign the list: \n \n Provided that no inspection, search and seizure of any domestic places or \ndomestic premises shall be carried out between sunset and sunrise except in the \npresence of an adult male member occupying such premises. \n \n (4) The provisions of the Code of Criminal Procedure, 1973, relating \nto search and seizure shall apply, as far as may be, to searches and seizure under \nthis Act. \n \n \n \n \n \nTheft of electric \n lines and \nmaterials.", "footnote": "", "is_definition": false, "sort_order": 137 }, { "number": "136", "title": "Section 136. (1) Whoever, dishonestly --", "chapter": null, "content": "(a) cuts or removes or takes way or transfers any electric line, material \nor meter from a tower, pole, any other installation or place of installation or \nany other place, or site where it may be rightfully or lawfully stored, deposited, \nkept, stocked, situated or located including during transportation, without the \nconsent of the licensee or the owner, as the case may be, whether or not the act \nis done for profit or gain; or \n \n(b) stores, possesses or otherwise keeps in his premises, custody or \ncontrol, any electric line, material or meter without the consent of the owner, \nwhether or not the act is committed for profit or gain; or \n \n(c) loads, carries, or moves from one place to another any electric line, \nmaterial or meter without the consent of its owner, whether or not the act is \ndone for profit or gain, \n \n \n \n \n \n \n\n \n \n \n65 \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nPunishment for \nreceiving stolen \nproperty \ndone for profit or gain, \n \nis said to have committed an offence of theft of electric lines and materials, and \nshall be punishable with imprisonment for a term which may extend to three \nyears or with fine or with both. \n \n (2) If a person, having been convicted of an offence punishable \nunder sub-section (1) is again guilty of an offence punishable under that sub-\nsection, he shall be punishable for the second or subsequent offence for a term of \nimprisonment which shall not be less than six months but which may extend to five \nyears and shall also be liable to fine which shall not be less than ten thousand \nrupees.", "footnote": "", "is_definition": false, "sort_order": 138 }, { "number": "137", "title": "Section 137. Whoever, dishonestly receives any stolen electric lines or materials", "chapter": null, "content": "knowing or having reasons to believe the same to be stolen property, shall be \npunishable with imprisonment of either description for a term which may extend to \nthree years or with fine or with both. \n \n \nInterference with \nmeters or works of \nlicensee.", "footnote": "", "is_definition": false, "sort_order": 139 }, { "number": "138", "title": "Section 138. (1) Whoever, -", "chapter": null, "content": "(a) unauthorisedly connects any meter, indicator or apparatus with any \nelectric line through which electricity is supplied by a licensee or disconnects the \nsame from any such electric line; or \n \n(b) unauthorisedly reconnects any meter, indicator or apparatus with any \nelectric line or other works being the property of a licensee when the said electric \nline or other works has or have been cut or disconnected; or \n \n(c) lays or causes to be laid, or connects up any works for the purpose of \ncommunicating with any other works belonging to a licensee; or \n \n(d) maliciously injures any meter, indicator, or apparatus belonging to a \nlicensee or willfully or fraudulently alters the index of any such meter, indicator \nor apparatus or prevents any such meter, indicator or apparatus from duly \nregistering, \n \nshall be punishable with imprisonment for a term which may extend to three years, \nor with fine which may extend to ten thousand rupees, or with both, and , in the \ncase of a continuing offence, with a daily fine which may extend to five hundred \nrupees; and if it is proved that any means exist for making such connection as is \nreferred to in clause (a) or such re-connection as is referred to in clause (b), or such \ncommunication as is referred to in clause (c), for causing such alteration or \nprevention as is referred to in clause (d), and that the meter, indicator or apparatus \nis under the custody or control of the consumer, whether it is his property or not, it \nshall be presumed, until the contrary is proved, that such connection, reconnection, \ncommunication, alteration, prevention or improper use, as the case may be, has \nbeen knowingly and willfully caused by such consumer. \n \n \n \n \n \n \nNegligently \nwasting electricity \nor injuring works.", "footnote": "", "is_definition": false, "sort_order": 140 }, { "number": "139", "title": "Section 139. Whoever, negligently causes electricity to be wasted or diverted or", "chapter": null, "content": "negligently breaks, injures, throws down or damages any material connected with \nthe supply of electricity, shall be punishable with fine which may extend to ten \nthousand rupees. \n \n \n \n \nPenalty for \nmaliciously \nwasting electricity \nor injuring works.", "footnote": "", "is_definition": false, "sort_order": 141 }, { "number": "140", "title": "Section 140. Whoever, maliciously causes electricity to be wasted or diverted, or , with", "chapter": null, "content": "intent to cut off the supply of electricity, cuts or injures, or attempts to cut or \ninjure, any electric supply line or works, shall be punishable with fine which may \nextend to ten thousand rupees. \n \n\n \n \n \n66 \nextend to ten thousand rupees. \n \nExtinguishing \npublic lamps.", "footnote": "", "is_definition": false, "sort_order": 142 }, { "number": "141", "title": "Section 141. Whoever, maliciously extinguishes any public lamp shall be punishable", "chapter": null, "content": "with fine which may be extend to two thousand rupees. \n \n \nPunishment for \nnon-compliance of \ndirections by \nAppropriate \nCommission. \n \n \n \n \n \n \n \n \n \nPower to \nadjudicate. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nFactors to be \ntaken into account \nby adjudicating \nofficer. \n \n \n \n \n \n \nCivil court not to \nhave jurisdiction \n \n \n \n \n \n \n \n \nPunishment for \nnon-compliance \nof orders or \ndirections.", "footnote": "", "is_definition": false, "sort_order": 143 }, { "number": "142", "title": "Section 142. In case any complaint is filed before the Appropriate Commission by any", "chapter": null, "content": "person or if that Commission is satisfied that any person has contravened any \nprovisions of this Act or rules or regulations made thereunder, or any direction \nissued by the Commission, the Appropriate Commission may after giving such \nperson an opportunity of being heard in the matter, by order in writing, direct that, \nwithout prejudice to any other penalty to which he may be liable under this Act, \nsuch person shall pay, by way of penalty, which shall not exceed one lakh rupees \nfor each contravention and in case of a continuing failure with an additional \npenalty which may extend to six thousand rupees for every day during which the \nfailure continues after contravention of the first such direction. \n \n143 (1) For the purpose of adjudging under this Act, the Appropriate \nCommission shall appoint any of its Members to be an adjudicating officer for \nholding an inquiry in such manner as may be prescribed by the Appropriate \nGovernment ,after giving any person concerned a reasonable opportunity of \nbeing heard for the purpose of imposing any penalty. \n \n (2) While holding an inquiry, the adjudicating officer shall have \npower to summon and enforce the attendance of any person acquainted with the \nfacts and circumstances of the case to give evidence or produce any document \nwhich in the opinion of the adjudicating officer, may be useful for or relevant to \nthe subject-matter of the inquiry, and if, on such inquiry, he is satisfied that the \nperson has failed to comply with the provisions of section 29 or section 33 or \nsection 43, he may impose such penalty as he thinks fit in accordance with the \nprovisions of any of those sections.", "footnote": "", "is_definition": false, "sort_order": 144 }, { "number": "144", "title": "Section 144. While adjudicating the quantum of penalty under section 29 or section 33", "chapter": null, "content": "or section 43, the adjudicating officer shall have due regard to the following \nfactors, namely:- \n \n(a) the amount of disproportionate gain or unfair advantage, wherever \nquantifiable, made as a result of the default; \n(b) the repetitive nature of the default.", "footnote": "", "is_definition": false, "sort_order": 145 }, { "number": "145", "title": "Section 145. No civil court shall have jurisdiction to entertain any suit or proceeding in", "chapter": null, "content": "respect of any matter which an assessing officer referred to in section 126 or an \nappellate authority referred to in section 127 or the adjudicating officer appointed \nunder this Act is empowered by or under this Act to determine and no injunction \nshall be granted by any court or other authority in respect of any action taken or to \nbe taken in pursuance of any power conferred by or under this Act.", "footnote": "", "is_definition": false, "sort_order": 146 }, { "number": "146", "title": "Section 146. Whoever, fails to comply with any order or direction given under this Act,", "chapter": null, "content": "within such time as may be specified in the said order or direction or contravenes \nor attempts or abets the contravention of any of the provisions of this Act or any \nrules or regulations made thereunder, shall be punishable with imprisonment for a \nterm which may extend to three months or with fine, which may extend to one \nlakh rupees, or with both in respect of each offence and in the case of a continuing \nfailure, with an additional fine which may extend to five thousand rupees for every \nday during which the failure continues after conviction of the first such offence. \n \n \n \nPenalties not to \naffect other \nliabilities.", "footnote": "", "is_definition": false, "sort_order": 147 }, { "number": "147", "title": "Section 147. The penalties imposed under this Act shall be in addition to, and not in", "chapter": null, "content": "derogation of, any liability in respect of payment of compensation or, in the case \nof a licensee, the revocation of his licence which the offender may have incurred. \n \n \n \n\n \n \n \n67 \n \nPenalty where \nworks belong to \nGovernment.", "footnote": "", "is_definition": false, "sort_order": 148 }, { "number": "148", "title": "Section 148. The provisions of this Act shall, so far as they are applicable, be deemed", "chapter": null, "content": "to apply also when the acts made punishable thereunder are committed in the case \nof electricity supplied by or of works belonging to the Appropriate Government. \n \n \n \nOffences by \ncompanies. 149. (1) Where an offence under this Act has been committed by a \ncompany, every person who at the time the offence was committed was in charge \nof and was responsible to the company for the conduct of the business of the \ncompany, as well as the company shall be deemed to be guilty of having \ncommitted the offence and shall be liable to be proceeded against and punished \naccordingly: \n \n Provided that nothing contained in this sub-section shall render any such \nperson liable to any punishment if he proves that the offence was committed \nwithout his knowledge or that he had exercised all due diligence to prevent the \ncommission of such offence. \n \n (2) Notwithstanding anything contained in sub-section (1), where an \noffence under this Act has been committed by a company and it is proved that the \noffence has been committed with the consent or connivance of or is attributable to \nany neglect on the part of any director, manager, secretary or other officer of the \ncompany, such director, manager, secretary or other officer shall also be deemed to \nbe guilty of having committed such offence and shall be liable to be proceeded \nagainst and punished accordingly. \n \nExplanation. - For the purpose of this section,- \n \n(a) \"company\" means a body corporate and includes a firm or other \nassociation of individuals; and \n \n(b) \"director\", in relation to a firm, means a partner in the firm. \n \n \nAbatement. \n \n45 of 1860.", "footnote": "", "is_definition": false, "sort_order": 149 }, { "number": "150", "title": "Section 150. (1) Whoever abets an offence punishable under this Act, shall,", "chapter": null, "content": "notwithstanding anything contained in the Indian Penal Code, be punished with \nthe punishment provided for the offence. \n \n \n (2) Without prejudice to any penalty or fine which may be imposed \nor prosecution proceeding which may be initiated under Act or any other law for \nthe time being in force, if any officer or other employee of the Board or the \nlicensee enters intro or acquiesces in any agreement to do, abstains from doing, \npermits, conceals or connives at any act or thing whereby any theft of electricity \nis committed, he shall be punishable with imprisonment for a term which may \nextend to three years, or with fine, or with both. \n \n \nCognizance of \noffences. \n \n \n \n \n \n \nCompounding \nof offences. \n \n2 of 1974.", "footnote": "", "is_definition": false, "sort_order": 150 }, { "number": "151", "title": "Section 151. No court shall take cognizance of an offence punishable under this Act", "chapter": null, "content": "except upon a complaint in writing made by Appropriate Government or \nAppropriate Commission or any of their officer authorized by them or a Chief \nElectrical Inspector or an Electrical Inspector or licensee or the generating \ncompany, as the case may be, for this purpose.", "footnote": "", "is_definition": false, "sort_order": 151 }, { "number": "152", "title": "Section 152. (1)Notwithstanding anything contained in the Code of Criminal Procedure", "chapter": null, "content": "1973, the Appropriate Government or any officer authorized by it in this behalf \nmay accept from any consumer or person who committed or who is reasonably \nsuspected of having committed an offence of theft of electricity punishable under \nthis Act, a sum of money by way of compounding of the offence as specified in the \nTable below: \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n\n \n \n \n68 \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nTABLE\n \n----------------------------------------------------------------------------------------------- \nNature of Service Rate at which the sum of money for \n Compounding to be collected per \nKilowatt(KW)/Horse Power(HP) or part \nthereof for Low Tension (LT) supply and \nper Kilo Volt Ampere(KVA) of contracted \ndemand for High Tension (HT) \n----------------------------------------------------------------------------------------------- \n(1) (2) \n -----------------------------------------------------------------------------------------------", "footnote": "", "is_definition": false, "sort_order": 152 }, { "number": "1", "title": "Section 1. Industrial Service twenty thousand rupees;", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 153 }, { "number": "2", "title": "Section 2. Commercial Service ten thousand rupees;", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 154 }, { "number": "3", "title": "Section 3. Agricultural Service two thousand rupees;", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 155 }, { "number": "4", "title": "Section 4. Other Services four thousand rupees:", "chapter": null, "content": "--------------------------------------------------------------------------------------------- \n Provided that the Appropriate Government may, by notification in the \nOfficial Gazette, amend the rates specified in the Table above. \n \n (2) On payment of the sum of money in accordance with sub-section \n(1), any person in custody in connection with that offence shall be set at liberty and \nno proceedings shall be instituted or continued against such consumer or person in \nany criminal court. \n \n (3) The acceptance of the sum of money for compounding an \noffence in accordance with sub-section (1) by the Appropriate Government or an \nofficer authorised in this behalf empowered in this behalf shall be deemed to \namount to an acquittal within the meaning of section 300 of the Code of Criminal \nProcedure, 1973. \n \n (4)The Compounding of an offence under sub-section (1) shall be \nallowed only once for any person or consumer. \n \n PART ± XV \n \nSPECIAL COURTS \n \n \n \nConstitution of \nSpecial Courts.", "footnote": "", "is_definition": false, "sort_order": 156 }, { "number": "153", "title": "Section 153. (1) The State Government may, for the purposes of providing speedy trial of", "chapter": null, "content": "offences referred to in sections 135 to 139, by notification in the Official Gazette, \nconstitute as many Special Courts as may be necessary for such area or areas, as \nmay be specified in the notification. \n (2) A Special Court shall consist of a single Judge who shall be appointed by \nthe State Government with the concurrence of the High Court. \n (3) A person shall not be qualified for appointment as a Judge of a Special \nCourt unless he was, immediately before such appointment, an Additional District \nand Sessions Judge. \n (4)Where the office of the Judge of a Special Court is vacant, or such Judge is \nabsent from the ordinary place of sitting of such Special Court, or he is \nincapacitated by illness or otherwise for the performance of his duties, any urgent \nbusiness in the Special Court shall be disposed of ± \n(a) by a Judge, if any, exercising jurisdiction in the Special Court; \n \n (b) where there is no such other Judge available, in accordance with the \ndirection of District and Sessions Judge having jurisdiction over the ordinary place \nof sitting of Special Court, as notified under sub- section(1). \n \n \n----\n\n \n \n \n69 \n \nProcedure and \npower of \nSpecial Court.", "footnote": "", "is_definition": false, "sort_order": 157 }, { "number": "154", "title": "Section 154. (1) Notwithstanding anything contained in the Code of Criminal Procedure,", "chapter": null, "content": "1973, every offence punishable under sections 135 to 139 shall be triable only by \nthe Special Court within whose jurisdiction such offence has been committed. \n (2) Where it appears to any court in the course of any inquiry or trial that an \noffence punishable under sections 135 to 139 in respect of any offence that the \ncase is one which is triable by a Special Court constituted under this Act for the \narea in which such case has arisen, it shall transfer such case to such Special Court, \nand thereupon such case shall be tried and disposed of by such Special Court in \naccordance with the provisions of this Act : \nProvided that it shall be lawful for such Special Court to act on the \nevidence, if any, recorded by any court in the case of presence of the accused \nbefore the transfer of the case to any Special Court : \nProvided further that if such Special Court is of opinion that further \nexamination, cross-examination and re-examination of any of the witnesses whose \nevidence has already been recorded, is required in the interest of justice, it may re-\nsummon any such witness and after such further examination, cross-examination or \nre-examination, if any, as it may permit, the witness shall be discharged. \n(3) The Special Court may, notwithstanding anything contained in sub-\nsection (1) of section 260 or section 262 of the Code of Criminal Procedure, 1973, \ntry the offence referred to in sections 135 to 139 in a summary way in accordance \nwith the procedure prescribed in the said Code and the provisions of sections 263 \nto 265 of the said Code shall, so far as may be, apply to such trial : \nProvided that where in the course of a summary trial under this sub-\nsection, it appears to the Special Court that the nature of the case is such that it is \nundesirable to try such case in summary way, the Special Court shall recall any \nwitness who may have been examined and proceed to re-hear the case in the \nmanner provided by the provisions of the said Code for the trial of such offence: \nProvided further that in the case of any conviction in a summary trial \nunder this section, it shall be lawful for a Special Court to pass a sentence of \nimprisonment for a term not exceeding five years. \n (4) A Special Court may, with a view to obtaining the evidence of any \nperson supposed to have been directly or indirectly concerned in or privy to, any \noffence tender pardon to such person on condition of his making a full and true \ndisclosure of the circumstances within his knowledge relating to the offence and to \nevery other person concerned whether as principal or abettor in the commission \nthereof, and any pardon so tendered shall , for the purposes of section 308 of the \nCode of Criminal Procedure,1973, be deemed to have been tendered under section \n307 thereof. \n \n (5) The Special Court may determine the civil liability against a consumer or a \nperson in terms of money for theft of energy which shall not be less than an \namount equivalent to two times of the tariff rate applicable for a period of twelve \nmonths preceding the date of detection of theft of energy or the exact period of \ntheft if determined which ever is less and the amount of civil liability so \ndetermined shall be recovered as if it were a decree of civil court. \n (6) In case the civil liability so determined finally by the Special Court is less \nthan the amount deposited by the consumer or the person, the excess amount so \ndeposited by the consumer or the person, to the Board or licensee or the concerned \nperson, as the case may be, shall be refunded by the Board or licensee or the \nconcerned person, as the case may be, within a fortnight from the date of \ncommunication of the order of the Special Court together with interest at the \nprevailing Reserve Bank of India prime lending rate for the period from the date of \nsuch deposit till the date of payment. \n \n \n \n \n \n \n \n2 of 1974 \n\n \n \n \n70 \nExplanation. - For the purposes of this section, ª civil liabilityº means loss or \ndamage incurred by the Board or licensee or the concerned person, as the case may \nbe, due to the commission of an offence referred to in sections 135 to 139. \n2 of 1974. 155. Save as otherwise provided in this Act, the Code of Criminal Procedure, \n1973, in so far as they are not inconsistent with the provisions of this Act, shall \napply to the proceedings before the Special Court and for the purpose of the \nprovisions of the said enactments, the Special Court shall be deemed to be a Court \nof Session and shall have all powers of a Court of Session and the person \nconducting a prosecution before the Special Court shall be deemed to be a Public \nProsecutor. \nSpecial Court to \nhave powers of \ncourt of session \n \n \n2 of 1974.", "footnote": "", "is_definition": false, "sort_order": 158 }, { "number": "156", "title": "Section 156. The High Court may exercise, so far as may be applicable, all the powers", "chapter": null, "content": "conferred by Chapters XXIX and XXX of the Code of Criminal Procedure, 1973, \nas if the Special Court within the local limits of the jurisdiction of the High Court \nis a District Court, or as the case may be , the Court of Session , trying cases within \nthe local limits of jurisdiction of the High Court. \n \nAppeal and \nrevision.", "footnote": "", "is_definition": false, "sort_order": 159 }, { "number": "157", "title": "Section 157. The Special Court may , on a petition or otherwise and in order to prevent", "chapter": null, "content": "miscarriage of justice, review its judgment or order passed under section 154, but \nno such review petition shall be entertained except on the ground that it was such \norder passed under a mistake of fact, ignorance of any material fact or any error \napparent on the face of the record : \n Provided that the Special Court shall not allow any review petition and set \naside its previous order or judgment without hearing the parties affected. \nExplanation.- For the purpose of this Part, \"Special Courts\" means the Special \nCourts constituted under sub-section (1) of section 153. \nReview. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nArbitration. \n \n \n \n \n \n26 of 1996. \n \n \n \n \nPART XVI \n \nDISPUTE RESOLUTION \n \nArbitration", "footnote": "", "is_definition": false, "sort_order": 160 }, { "number": "158", "title": "Section 158. Where any matter is, by or under this Act, directed to be determined by", "chapter": null, "content": "arbitration, the matter shall, unless it is otherwise expressly provided in the licence \nof a licensee, be determined by such person or persons as the Appropriate \nCommission may nominate in that behalf on the application of either party; but in \nall other respects the arbitration shall be subject to the provisions of the Arbitration \nand Conciliation Act, 1996. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nProtection of \nrailways, \nhighways, airports \nand canals, docks, \nwharfs and piers.\n \n \nPART XVII \n \nOTHER PROVISION \n \nProtective clauses", "footnote": "", "is_definition": false, "sort_order": 161 }, { "number": "159", "title": "Section 159. No person shall, in the generation, transmission, distribution, supply or", "chapter": null, "content": "use of electricity, in any way injure any railway, highway, airports, tramway, canal \nor water-way or any dock, wharf or pier vested in or controlled by a local \nauthority, or obstruct or interfere with the traffic on any railway, airway, tramway, \ncanal or water-way. \n \n \n \n \n \n \n \nProtection of \ntelegraphic, \ntelephonic and \nelectric signalling", "footnote": "", "is_definition": false, "sort_order": 162 }, { "number": "160", "title": "Section 160. (1) Every person generating, transmitting, distributing, supplying or", "chapter": null, "content": "using electricity (hereinafter in this section referred to as the \"operator\") shall take \nall reasonable precautions in constructing, laying down and placing his electric \nlines, electrical plant and other works and in working his system, so as not \n \n\n \n \n \n71 \nlines. lines, electrical plant and other works and in working his system, so as not \ninjuriously to affect, whether by induction or otherwise, the working of any wire or \nline used for the purpose of telegraphic, telephone or electric signalling \ncommunication, or the currents in such wire or line. \n \n (2) Where any difference or dispute arises between the operator, and \nthe telegraph authority as to whether the operator has constructed, laid down or \nplaced his electric lines, electrical plant or other works, or worked his system, in \ncontravention of sub-section (1), or as to whether the working of any wire, line or \ncurrent is or is not injuriously affected thereby, the matter shall be referred to the \nCentral Government and the Central Government, unless it is of opinion that the \nwire or line has been placed in unreasonable proximity to the electric lines, \nelectrical plant or works of the operator after the construction of such lines, plant \nor works, may direct the operator to make such alterations in, or additions to, his \nsystem as may be necessary in order to comply with the provisions of this section, \nand the operator shall make such alterations or additions accordingly: \n \n Provided that nothing in this sub-section shall apply to the repair, renewal \nor amendment of any electric line or electrical plant so long as the course of the \nelectric line or electrical plant and the amount and nature of the electricity \ntransmitted thereby are not altered. \n \n (3) Where the operator makes default in complying with the \nrequirements of this section, he shall make full compensation for any loss or \ndamage incurred by reason thereof, and, where any difference or dispute arises as \nto the amount of such compensation, the matter shall be determined by arbitration. \n \n \nExplanation. - For the purposes of this section, a telegraph line shall be \ndeemed to be injuriously affected if telegraphic, telephonic or electric signalling \ncommunication by means of such line is, whether through induction or otherwise, \nprejudicially interfered with by an electric line , electrical plant or other work or by \nany use made thereof. \n \nNotice of \naccidents and \ninquiries.", "footnote": "", "is_definition": false, "sort_order": 163 }, { "number": "161", "title": "Section 161. (1) If any accident occurs in connection with the generation, transmission,", "chapter": null, "content": "distribution, supply or use of electricity in or in connection with, any part of the \nelectric lines or electrical plant of any person and the accident results or is likely to \nhave resulted in loss of human or animal life or in any injury to a human being or \nan animal, such person shall give notice of the occurrence and of any such loss or \ninjury actually caused by the accident, in such form and within such time as may \nbe prescribed, to the Electrical Inspector or such other person as aforesaid and to \nsuch other authorities as the Appropriate Government may by general or special \norder, direct. \n \n (2) The Appropriate Government may, if it thinks fit, require any \nElectrical Inspector, or any other person appointed by it in this behalf, to inquire \nand report- \n \n (a) as to the cause of any accident affecting the safety of the public, \nwhich may have been occasioned by or in connection with, the generation, \ntransmission, distribution, supply or use of electricity, or \n \n (b) as to the manner in, and extent to, which the provisions of this Act or \nrules and regulations made thereunder or of any licence, so far as those \nprovisions affect the safety of any person, have been complied with. \n \n (3) Eve\nry Electrical Inspector or other person holding an inquiry under \nsub-section (2) shall have all the powers of a civil court under the Code of Civil \nProcedure, 1908 for the purpose of enforcing the attendance of witnesses and \ncompelling the production of documents and material objects, and every person \nrequired by an Electrical Inspector be legally bound to do so within the meaning of \nsection 176 of the Indian Penal Code. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n5 of 1908. \n \n \n45 of 1860.\n \n\n \n \n \n72 \n \n \nAppointment of \nChief Electrical \nInspector and \nElectrical \nInspector.", "footnote": "", "is_definition": false, "sort_order": 164 }, { "number": "162", "title": "Section 162. (1)The Appropriate Government may, by notification, appoint duly", "chapter": null, "content": "qualified persons to be Chief Electrical Inspector or Electrical Inspectors and every \nsuch Inspector so appointed shall exercise the powers and perform the functions of \na Chief Electrical Inspector or an Electrical Inspector under this Act and exercise \nsuch other powers and perform such other functions as may be prescribed within \nsuch areas or in respect of such class of works and electric installations and subject \nto such restrictions as the Appropriate Government may direct. \n \n (2) In the absence of express provision to the contrary in this Act, or any \nrule made thereunder, an appeal shall lie from the decision of a Chief Electrical \nInspector or an Electrical Inspector to the Appropriate Government or if the \nAppropriate Government, by general or special order so directs, to an Appropriate \nCommission. \n \n \n \nPower for licensee \nto enter premises \nand to remove \nfittings or other \napparatus of \nlicensee.", "footnote": "", "is_definition": false, "sort_order": 165 }, { "number": "163", "title": "Section 163. (1) A licensee or any person duly authorised by a licence may, at", "chapter": null, "content": "any reasonable time, and on informing the occupier of his intention, enter any \npremises to which electricity is, or has been, supplied by him, of any premises or \nland, under, over, along, across, in or upon which the electric supply-lines or other \nworks have been lawfully placed by him for the purpose of ± \n \n (a) inspecting, testing, repairing or altering the electric supply lines, \nmeters, fittings, works and apparatus for the supply of electricity belonging to \nthe licensee; or \n \n (b) ascertaining the amount of electricity supplied or the electrical \nquantity contained in the supply; or \n \n (c) removing where a supply of electricity is no longer required, or \nwhere the licensee is authorised to take away and cut off such supply, any \nelectric supply-lines, meters, fittings, works or apparatus belonging to the \nlicensee. \n \n (2) A licensee or any person authorised as aforesaid may also, in \npursuance of a special order in this behalf made by an Executive Magistrate and \nafter giving not less than twenty-four hours notice in writing to the occupier, - \n \n (a) enter any premises or land referred to in sub-section (1) for any of \nthe purposes mentioned therein; \n \n (b) enter any premises to which electricity is to be supplied by him, for \nthe purpose of examining and testing the electric wires fittings, works and \napparatus for the use of electricity belonging to the consumer. \n \n \n (3) Where a consumer refuses to allow a licensee or any person \nauthorised as aforesaid to enter his premises or land in pursuance of the provisions \nof sub-section (1) or, sub-section (2), when such licensee or person has so entered, \nrefuses to allow him to perform any act which he is authorised by those sub-\nsections to perform, or fails to give reasonable facilities for such entry or \nperformance, the licensee may, after the expiry of twenty-four hours from the \nservice of a notice in writing on the consumer, cut off the supply to the consumer \nfor so long as such refusal or failure continues, but for no longer. \n \n \n \nExercise of \npowers of \nTelegraph \nAuthority in \ncertain cases.", "footnote": "", "is_definition": false, "sort_order": 166 }, { "number": "164", "title": "Section 164. The Appropriate Government may, by order in writing, for the placing of", "chapter": null, "content": "electric lines or electrical plant for the transmission of electricity or for the purpose \nof telephonic or telegraphic communications necessary for the proper co-ordination \nof works, confer upon any public officer, licensee or any other person engaged in \nthe business of supplying electricity under this Act, subject to such conditions and \nrestrictions, if any, as the Appropriate Government may think fit to impose and to \nthe provisions of the Indian Telegraph Act, 1885, any of the powers which the \ntelegraph authority possesses under that Act with respect to the placing of \n \n \n \n \n \n \n \n \n13 of 1885. \n\n \n \n \n73 \n telegraph authority possesses under that Act with respect to the placing of \ntelegraph lines and posts for the purposes of a telegraph established or maintained, \nby the Government or to be so established or maintained. \n \n \nAmendment of \nSections 40 and \n41 of Act 1 of", "footnote": "", "is_definition": false, "sort_order": 167 }, { "number": "1894", "title": "Section 1894. 165. (1) In section 40, sub-section (1) of clause (b) and section 41, sub-", "chapter": null, "content": "section (5) of the Land Acquisition Act, 1894, the term \"work\" shall be deemed to \ninclude electricity supplied or to be supplied by means of the work to be \nconstructed. \n \n (2) The Appropriate Government may, on recommendation of the \nAppropriate Commission in this behalf, if it thinks fit, on the application of any \nperson, not being a company desirous of obtaining any land for its purposes, direct \nthat he may acquire such land under the provisions of the Land Acquisition Act, \n1894 in the same manner and on the same conditions as it might be acquired if the \nperson were a company. \n \n \n \n1 of 1894. \n \n \n \n \n \n \n1 of 1894. \n \n \n \n \n \n \nCoordination \nForum \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nExemption of \nelectric lines or \nelectrical plants \nfrom attachment \nin certain cases.\n \n \nPART- XVIII \n \nMISCELLANEOUS", "footnote": "", "is_definition": false, "sort_order": 168 }, { "number": "166", "title": "Section 166. (1) The Central Government shall constitute a Coordination Forum", "chapter": null, "content": "consisting of the Chairperson of the Central Commission and Members thereof, the \nChairperson of the Authority, representatives of generating companies and \ntransmission licensees engaged in inter-State transmission of electricity for smooth \nand coordinated development of the power system in the country. \n \n (2) The Central Government shall also constitute a forum of \nregulators consisting of the Chairperson of the Central Commission and \nChairpersons of the State Commissions. \n \n (3) The Chairperson of the Central Commission shall be the \nChairperson of the Forum of regulators referred to in sub-section (2). \n \n (4) The State Government shall constitute a Coordination Forum \nconsisting of the Chairperson of the State Commission and Members thereof \nrepresentatives of the generating companies, transmission licensee and \ndistribution licensees engaged in generation, transmission and distribution of \nelectricity in that State for smooth and coordinated development of the power \nsystem in the State. \n \n (5) There shall be a committee in each district to be constituted \nby the Appropriate Government - \n \n (a) to coordinate and review the extension of electrification in \neach district; \n \n (b) to review the quality of power supply and consumer \nsatisfaction; \n \n (c) to promote energy efficiency and its conservation.", "footnote": "", "is_definition": false, "sort_order": 169 }, { "number": "167", "title": "Section 167. Where any electric lines or electrical plant, belonging to a licensee are", "chapter": null, "content": "placed in or upon any premises or land not being in the possession of the licensee, \nsuch electric lines or electrical plant shall not be liable to be taken in execution \nunder any process of any civil court or in any proceedings in insolvency against the \nperson in whose possession the same may be. \n \n \nProtection of \naction taken in \ngood faith.", "footnote": "", "is_definition": false, "sort_order": 170 }, { "number": "168", "title": "Section 168. No suit, prosecution or other proceeding shall lie against the Appropriate", "chapter": null, "content": "Government or Appellate Tribunal or the Appropriate Commission or any \nofficer of Appropriate Government, or any Member, Officer or other employees of \nthe Appellate Tribunal or any Members, officer or other employees of the \n \n\n \n \n \n74 \nAppropriate Commission or the assessing officer or any public servant for \nanything done or in good faith purporting to be done under this Act or the rules or \nregulations made thereunder. \n \n \nMembers, \nofficers, etc., of \nAppellate \nTribunal, \nAppropriate \nCommission to be \npublic servants \n45 of 1860.", "footnote": "", "is_definition": false, "sort_order": 171 }, { "number": "169", "title": "Section 169. The Chairperson, Members, officers and other employees of the Appellate", "chapter": null, "content": "Tribunal and the Chairperson, Members, Secretary, officers and other employees \nof the Appropriate Commission and the assessing officer referred to in section \n126 shall be deemed, when acting or purporting to act in pursuance of any of the \nprovisions of this Act to be public servants within the meaning of section 21 of the \nIndian Penal Code. \n \n \nRecovery of \npenalty payable \nunder Act.", "footnote": "", "is_definition": false, "sort_order": 172 }, { "number": "170", "title": "Section 170. Any penalty payable by a person under this Act, if not paid, may be", "chapter": null, "content": "recovered as if it were an arrear of land revenue. \n \n \nService of notices, \norders or \ndocuments", "footnote": "", "is_definition": false, "sort_order": 173 }, { "number": "171", "title": "Section 171. (1) Every notice, order or document by or under this Act required, or", "chapter": null, "content": "authorised to be addressed to any person may be served on him by delivering the \nsame after obtaining signed acknowledgement receipt therefor or by registered post \nor such means of delivery as may be prescribed - \n \n(a) where the Appropriate Government is the addressee, at the office of \nsuch officer as the Appropriate Government may prescribe in this behalf; \n \n(b) where the Appropriate Commission is the addressee, at the office of \nthe Appropriate Commission; \n \n(c) where a company is the addressee, at the registered office of the \ncompany or, in the event of the registered office of the company not being in \nIndia, at the head office of the company in India; \n \n(d) where any other person is the addressee, at the usual or last known \nplace of abode or business of the person. \n \n (2) Every notice, order or document by or under this Act required or \nauthorised to be addressed to the owner or occupier of any premises shall be \ndeemed to be properly addressed if addressed by the description of the owner or \noccupier of the premises (naming the premises), and may be served by delivering \nit, or a true copy thereof, to some person on the premises, or if there is no person \non the premises to whom the same can with reasonable diligence be delivered, by \naffixing it on some conspicuous part of the premises. \n \n \nTransitional \nprovisions.", "footnote": "", "is_definition": false, "sort_order": 174 }, { "number": "172", "title": "Section 172. Notwithstanding anything to the contrary contained in this Act,-", "chapter": null, "content": "(a) a State Electricity Board constituted under the repealed laws \nshall be deemed to be the State Transmission Utility and a licensee under the \nprovisions of this Act for a period of one year from the appointed date or such \nearlier date as the State Government may notify, and shall perform the duties and \nfunctions of the State Transmission Utility and a licensee in accordance with the \nprovisions of this Act and rules and regulations made thereunder: \n \n Provided that the State Government may, by notification, authorise the \nState Electricity Board to continue to function as the State Transmission Utility or \na licensee for such further period beyond the said period of one year as may be \nmutually decided by the Central Government and the State Government. \n \n (b) all licences, authorisations approvals, clearances and \npermissions granted under the provisions of the repealed laws may, for a period \nnot exceeding one year from the appointed date or such earlier period; as may be \nnotified by the Appropriate Government, continue to operate as if the repealed \nlaws were in force with respect to such licence, authorisations, approvals, \nclearances and permissions, as the case may be, and thereafter such licences, \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n\n \n \n \n75 \nclearances and permissions, as the case may be, and thereafter such licences, \nauthorisations, approvals, clearances and permissions shall be deemed to be \nlicences, authorisation, approvals, clearances and permission under this Act and \nall provisions of this Act shall apply accordingly to such licences authorisations \napprovals, clearances and permissions. \n \n (c) the undertaking of the State Electricity Boards established under \nsection 5 of the Electricity (Supply) Act, 1948 may after the expiry of the period \nspecified in clause (a) be transferred in accordance with the provisions of Part \nXIII of this Act; \n \n (d) the State Government may, by notification, declare that any or all \nthe provisions contained in this Act, shall not apply in that State for such period, \nnot exceeding six months from the appointed date, as may be stipulated in the \nnotification. \n \n \n54 of 1948 \nInconsistency in \nlaws \n \n \n \n \nAct to have \noverriding effect.", "footnote": "", "is_definition": false, "sort_order": 175 }, { "number": "173", "title": "Section 173. Nothing contained in this Act or any rule or regulation made thereunder", "chapter": null, "content": "or any instrument having effect by virtue of this Act, rule or regulation shall have \neffect in so far as it is inconsistent with any other provisions of the Consumer \nProtection Act, 1986 or the Atomic Energy Act, 1962 or the Railways Act, 1989.", "footnote": "", "is_definition": false, "sort_order": 176 }, { "number": "174", "title": "Section 174. Save as otherwise provided in section 173, the provisions of this Act shall", "chapter": null, "content": "have effect notwithstanding anything inconsistent therewith contained in any other \nlaw for the time being in force or in any instrument having effect by virtue of any \nlaw other than this Act. \n \n68 of 1986 \n33 of 1962 \nProvisions of \nthis Act to be in \naddition to and \nnot in derogation \nof other laws.", "footnote": "", "is_definition": false, "sort_order": 177 }, { "number": "175", "title": "Section 175. The provisions of this Act are in addition to and not in derogation of any", "chapter": null, "content": "other law for the time being in force. \n \nPower of Central \nGovernment to \nmake rules.", "footnote": "", "is_definition": false, "sort_order": 178 }, { "number": "176", "title": "Section 176. (1) The Central Government may, by notification, make rules for", "chapter": null, "content": "carrying out the provisions of this Act. \n \n (2) In particular and without prejudice to the generality of the \nforegoing power, such rules may provide for all or any of the following matters, \nnamely: - \n \n (a) \nthe time within which the objection and suggestions on the \ndraft National Electricity Plan to be invited by the Authority under the proviso to \nsub-section (4) of section 3; \n \n (b) the additional requirements (including the capital adequacy, \ncreditworthiness or code of conduct) under sixth proviso to section 14; \n \n (c) the payment of fees for application for grant of licence under \nsub-section (I) of section 15; \n \n (d) \nthe constitution and functions of the National Load Despatch \nCentre under sub-section (2) of section 26; \n \n (e) the works of licensees affecting the property of owner or \noccupier under sub-section (2) of section 67; \n \n (f) such other works which may be prescribed under clause (c) of \nsub-section (2) of Section 68; \n \n (g) allowances and fees payable to others Members for attending the \nmeetings of Authority under sub-section (14) of section 70. \n \n (h) \nother terms and conditions of service of the Chairperson and \nMembers of the Authority under sub-section (15) of section 70; \n \n \n \n\n \n \n \n76 \n (i) the functions and duties of the Central Electricity Authority \nunder section 73; \n \n (j) the salary, allowances and other conditions of service of \nChairperson and Member of Central Commission under sub-section (2) of section \n89; \n \n (k) the form and manner in which and the authority before whom \noath of office and secrecy should be subscribed under sub-section (3) of section \n89; \n \n (l) the procedure to be prescribed by the Central Commission under \nthe proviso to sub- section (2) of section 90; \n \n (m) any other matter required to be prescribed under clause (g) of \nsub-section (1) of section 94; \n \n (n) the form in which the Central Commission shall prepare its \nannual statements of accounts under sub-section (1) of section 100; \n \n (o) the form in which and time at which the Central Commission \nshall prepare its annual report under sub-section (1) 101; \n \n (p) the form in which and time at which the Central Commission \nshall prepare its budget under section 106; \n \n (q) the form and the manner of verifying such form, and fee for \nfiling appeal under sub-section (2) of section 111; \n \n (r) the salary and allowances payable to and the other terms and \nconditions of service of the Chairperson of the Appellate Tribunal and Members of \nthe Appellate Tribunal under section 115; \n \n (s) the salary and allowances and other conditions of service of the \nofficers and employees of the Appellate Tribunal under sub-section (3) of section \n119; \n \n (t) the additional matters in respect of which the Appellate Tribunal \nmay exercise the powers of a civil court under clause (i) of sub-section (2) of \nsection 120; \n \n(u) the authority to whom the appeal shall be filed under sub-section (1) of \nsection 127; \n \n (v) manner of holding inquiry by an adjudicating officer and sub-\nsection (1) of section 143; \n \n (w) the form in which and the time at which service of notices to \nany person or to the Central Government for the purpose under sub-section (1) of \nsection 161; \n \n (x) the powers to be exercised and the functions to be performed by the \nInspectors under sub-section (1) of section 162; \n \n (y) the manner of delivery of every notice, order or document to be \nserved under sub-section (1) of section 171; \n \n (z) any other matter which is required to be, or may be, prescribed. \n \n \n \n \n\n \n \n \n77 \nPowers of \nAuthority to make \nregulations.", "footnote": "", "is_definition": false, "sort_order": 179 }, { "number": "177", "title": "Section 177. (1) The Authority may, by notification, make regulations consistent", "chapter": null, "content": "with this Act and the rules generally to carry out the provisions of this Act. \n \n (2) In particular and without prejudice to the generality of the power \nconferred in sub-section (1), such regulations may provide for all or any of the \nfollowing matters, namely:-- \n \n(a) the Grid Standards under section 34; \n \n (b) suitable measures relating to safety and electric supply under \nsection 53; \n \n (c) the installation and operation of meters under section 55; \n \n (d) the rules of procedure for transaction of business under sub-section \n(9) of section 70; \n \n (e) the technical standards for construction of electrical plants and \nelectric lines and connectivity to the grid under clause (b) of section 73; \n \n (f) the form and manner in which and the time at which the State \nGovernment and licensees shall furnish statistics, returns or other information \nunder section 74. \n \n (g) any other matter which is to be, or may be, specified; \n \n (3) All regulations made by the Authority under this Act shall be \nsubject to the conditions of previous publication. \n \n \nPowers of Central \nCommission to \nmake regulations.", "footnote": "", "is_definition": false, "sort_order": 180 }, { "number": "178", "title": "Section 178. (1) The Central Commission may, by notification make regulations", "chapter": null, "content": "consistent with this Act and the rules generally to carry out the provisions of this \nAct. \n \n (2) In particular and without prejudice to the generality of the power \ncontained in sub-section (1), such regulations may provide for all or any of \nfollowing matters, namely:- \n \n(a) period to be specified under the first proviso to section 14; \n \n(b) the form and the manner of the application under sub-section (1) of \nsection 15; \n \n (c) the manner and particulars of notice under sub-section (2) of \n section 15; \n \n(d) the conditions of licence under section 16; \n \n(e) the manner and particulars of notice under clause (a) of sub-\nsection \n (2) of section 18; \n \n(f) publication of alterations or amendments to \nbe made in the licence \nunder clause(c) of sub-section (2) of section 18; \n \n(g) Grid Code under sub-section (2) of section 28; \n \n(h) levy and collection of fees and charge from generating companies \nor transmission utilities or licensees under sub-section (4) of section 28; \n \n(i) rates, charges and terms and conditions in respect of intervening \ntransmission facilities under proviso to section 36; \n \n(j) payment of the transmission charges and a surcharge under-sub-\n \n\n \n \n \n78 \nclause (ii) of clause (d) of sub-section (2) of section 38; \n \n(k) reduction and elimination of surcharge and cross subsidies under \nsecond proviso to sub-clause (ii) of clause (d) of sub-section (2) of section 38; \n \n(l) payment of transmission charges and a surcharge under sub-clause \n(ii) of clause(c) of section 40; \n \n(m) reduction and elimination of surcharge and cross subsidies under \nthe second proviso to sub-clause (ii) of clause (c) of section 40; \n \n(n) proportion of revenues from other business to be utilised for \nreducing the transmission and wheeling charges under proviso to \nsection 41; \n \n(o) duties of electricity trader under sub-section (2) of section 52; \n \n(p) standards of performance of a licensee or class of licensees under \nsub-section (1) of section 57; \n \n(q) \nthe period within which information to be furnished by the \nlicensee under sub-section (1) of section 59; \n \n(r) the period within which the cross-subsidies shall be reduced and \neliminated under clause (g) of section 61; \n \n(s) the terms and conditions for the determination of tariff under \nsection 61; \n \n(t) details to be furnished by licensee or generating company under \nsub-section (2) of section 62; \n \n(u) the procedures for calculating the expected revenue from tariff and \ncharges under sub-section (5) of section 62; \n \n(v) the manner of making an application before the Central Commission \nand the fee payable therefor under sub-section (1) of section 64; \n \n(w) the manner of publication of draft tariff order under sub-section \n(3) of section 64; \n \n(x) issue of tariff order with modifications or conditions under sub-\nsection (4) of section 64; \n \n(y) the manner by which development of market in power including \ntrading specified under section 66; \n \n(z) the powers and duties of the Secretary of the Central Commission \nunder sub-section (1) of section 91; \n \n(za) the terms and conditions of service of the Secretary, officers and \nother employees of Central Commission under sub-section (3) of section 91; \n \n(zb) the rules of procedure for transaction of business under sub-\nsection (1) of section 92; \n \n(zc) minimum information to be maintained by a licensee or the \ngenerating company and the manner of such information to be \nmaintained under sub-section (8) of section 128; \n \n(zd) the manner of service and publication of notice under section 130; \n \n\n \n \n \n79 \n(ze) any other matter which is to be, or may be, specified by regulations. \n \n (3) All regulations made by the Central Commission under this Act \nshall be subject to the conditions of previous publication. \n \n \nRules and \nregulations to be \nlaid before \nParliament.", "footnote": "", "is_definition": false, "sort_order": 181 }, { "number": "179", "title": "Section 179. Every rule made by the Central Government, every regulation made by", "chapter": null, "content": "the Authority, and every regulation made by the Central Commission shall be laid, \nas soon as may be after it is made, before each House of the Parliament, while it is \nin session, for a total period of thirty days which may be comprised in one session \nor in two or more successive sessions, and if, before the expiry of the session \nimmediately following the session or the successive sessions aforesaid, both \nHouses agree in making any modification in the rule or regulation or agree that the \nrule or regulation should not be made, the rule or regulation shall thereafter have \neffect only in such modified form or be of no effect, as the case may be; so, \nhowever, that any such modification or annulment shall be without prejudice to the \nvalidity of anything previously done under that rule or regulation. \n \n. \nPowers of State \nGovernments to \nmake rules", "footnote": "", "is_definition": false, "sort_order": 182 }, { "number": "180", "title": "Section 180. (1) The State Government may, by notification, make rules for", "chapter": null, "content": "carrying out the provisions of this Act. \n \n (2) In particular and without prejudice to the generality of foregoing \npower, such rules may provide for all or any of the following matters, namely: - \n \n (a) the payment of fees for application for grant of licence under sub-\nsection (1) of section 15; \n \n (b) the works of licensees affecting the property of other persons under \nsub- section(2) of section 67; \n \n (c) such other matters which may be prescribed under clause (c) of sub-\nsection (2) of section 68; \n \n (d) the salary, allowances and other terms and conditions of service of \nthe Chairperson and Members of the State Commission under sub-section (2) \nof section 89; \n \n (e) the form and manner in which and the authority before whom oath \nof office and secrecy should be subscribed under sub-section (3) of section 89; \n \n (f) any other matter required to be prescribed by the State \nCommission under clause (g) of sub- section (1) of section 94; \n \n (g) the manner of applying the Fund under sub-section (3) of section \n103; \n \n (h) the form in which and time at which the State Commission shall \nprepare its annual accounts under sub-section (1) of section 104; \n \n (i) the form in which and time at which the State Commission shall \nprepare its annual report under sub-section (1) of section 105; \n \n (j) the form in which and time at which the State Commission shall \nprepare its budget under section 106; \n \n (k) manner of service of provisional order of assessment under sub-\nsection (2) of section 126; \n \n (l) manner of holding inquiry by an adjudicating officer under sub-\nsection (1) of section 143; \n \n (m) the form in which and the time at which notice to the Electrical \n. \n\n \n \n \n80 \nInspector under sub-section (1) of section 161; \n \n (n) the manner of delivery of every notice, order or document under \nsub-section (1) of section 171; and \n \n (o) any other matter which is required to be, or may be, prescribed. \n \nPowers of State \nCommissions to \nmake regulations.", "footnote": "", "is_definition": false, "sort_order": 183 }, { "number": "181", "title": "Section 181. (1) The State Commissions may, by notification, make regulations", "chapter": null, "content": "consistent with this Act and the rules generally to carry out the provisions of this \nAct. \n \n (2) In particular and without prejudice to the generality of the power \ncontained in sub-section (1), such regulations may provide for all or any of the \nfollowing matters, namely: - \n \n(a) period to be specified under the first proviso of section 14; \n \n (b) the form and the manner of application under sub-section (1) of \nsection 15; \n \n (c) the manner and particulars of application for licence to be \npublished under sub-section (2) of section 15; \n \n (d) the conditions of licence section 16; \n \n (e) the manner and particulars of notice under clause(a) of sub-\nsection (2) of section 18; \n \n(f) publication of the alterations or amendments to be made in the \nlicence under clause (c) of sub-section (2) of section 18; \n \n(g) levy and collection of fees and charges from generating \ncompanies or licensees under sub-section (3) of section 32; \n \n (h) rates, charges and the term and c\nonditions in respect of \nintervening transmission facilities under proviso to section 36; \n \n(i) payment of the transmission charges and a surcharge under sub-\nclause (ii) of clause(d) of sub-section (2) of section 39; \n \n(j) reduction and elimination o\nf surcharge and cross subsidies \nunder second proviso to sub-clause (ii) of clause (d) of sub-section (2) of \nsection 39; \n \n(k) manner and utilisation of payment and surcharge under the \nfourth proviso to sub-clause(ii) of clause (d) of sub-section (2) of section 39; \n \n(l) payment of the transmission charges and a surcharge under sub-\nclause(ii) of clause (c) of section 40; \n \n(m) reduction and elimination of surcharge and cross subsidies under \nsecond proviso to sub-clause (ii) of clause (c) of section 40; \n \n(n) the manner of payment of surcharge under the fourth proviso to \nsub-clause (ii) of clause (c) of section 40; \n \n(o) proportion of revenues from other business to be utilised for \nreducing the transmission and wheeling charges under proviso to section 41; \n \n(p) reduction and elimination of surcharge and cross-subsidies under \nthe third proviso to sub-section (2) of section 42; \n \n \n\n \n \n \n81 \n(q) payment of additional charges on charges of wheeling under sub-\nsection (4) of section 42; \n(r ) guidelines under sub-section (5) of section 42; \n \n (s) the time and manner for settlement of grievances under sub-section (7) \nof section 42; \n \n (t) the period to be specified by the State Commission under sub-section \n(1) of section 43; \n \n(u) methods and principles by which charges for electricity shall be \nfixed under sub-section (2) of section 45; \n \n \n(v) reasonable security payable to the distribution licensee under \nsub-section (1) of section 47; \n \n(w) payment of interest on security under sub-section (4) of section 47; \n \n(x) electricity supply code under section 50; \n \n(y) the proportion of revenues from other business to be utilised for \nreducing wheeling charges under proviso to section 51; \n \n(z) duties of electricity trader under sub-section (2) of section 52; \n \n(za) standards of performance of a licensee or a class of licensees under \nsub-section (1) of section 57; \n \n(zaa) the period within which information to be furnished by the licensee under \nsub-section (1) of section 59; \n \n(zb) the period within which the cross-subsidies shall be reduced and \neliminated under clause (g) of section 61; \n \n(zc) the terms and conditions for the determination of tariff under section 61; \n \n(zd) details to be furnished by licensee or generating company under \nsub-section (2) of section 62; \n \n(ze) the methodologies and procedures for calculating the expected \nrevenue from tariff and charges under sub-section (1) of section 62; \n \n(zf) the manner of making an application before the State Commission and the \nfee payable therefor under sub-section (1) of section 64; \n \n(zg) issue of tariff order with modifications or conditions under sub-\nsection(3) of section 64; \n \n(zh) the manner by the which development of market in power including \ntrading specified under section 66; \n \n(zi) the powers and duties of the Secretary of the State Commission \nunder sub-section (1) of section 91; \n \n(zj) the terms and conditions of service of the secretary, officers and \nother employees of the State Commission under sub-section (2) of section \n91; \n \n(zk) rules of procedure for transaction of business under sub-section \n(1) of section 92; \n\n \n \n \n82 \n \n(zl) minimum information to be maintained by a licensee or the \ngenerating company and the manner of such information to be maintained \nunder sub-section (8) of section 128; \n \n(zm) the manner of service and publication of notice under section \n130; \n \n(zn) the form of and preferring the appeal and manner in which such \nform shall be verified and the fee for preferring the appeal under sub-section \n(1) of section 127; \n \n \n(zo) any other matter which is to be, or may be, specified. \n \n (3) All regulations made by the State Commission under this Act \nshall be subject to the condition of previous publication. \n \n \nRules and \nregulations to be \nlaid before State \nLegislature", "footnote": "", "is_definition": false, "sort_order": 184 }, { "number": "182", "title": "Section 182. Every rule made by the State Government and every regulation made by", "chapter": null, "content": "the State Commission shall be laid, as soon as may be after it is made, before each \nHouse of the State Legislature where it consists of two Houses, or where such \nLegislature consists of one House, before that House. \n \n. \nPower to remove \ndifficulties. \n \n \n \n \n \n \n \n \n \n \n \n \nProvisions of Act \nnot to apply in \ncertain cases.", "footnote": "", "is_definition": false, "sort_order": 185 }, { "number": "183", "title": "Section 183. (1) If any difficulty arises in giving effect to the provisions of this", "chapter": null, "content": "Act, the Central Government may, by order published, make such provisions not \ninconsistent with the provisions of this Act, as may appear to be necessary for \nremoving the difficulty: \n \n Provided that no order shall be made under this section after the expiry of \ntwo years from the date of commencement of this Act. \n \n (2) Every order made under this section shall be laid, as soon as \nmay be after it is made, before each House' of Parliament.", "footnote": "", "is_definition": false, "sort_order": 186 }, { "number": "184", "title": "Section 184. The provisions of this Act shall not apply to the Ministry or Department", "chapter": null, "content": "of the Central Government dealing with Defence, Atomic Energy or such other \nsimilar Ministries or Departments or undertakings or Boards or institutions under \nthe control of such Ministries or Departments as may be notified by the Central \nGovernment. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nRepeal and \nsaving.", "footnote": "", "is_definition": false, "sort_order": 187 }, { "number": "185", "title": "Section 185. (1) Save as otherwise provided in this Act, the Indian Electricity", "chapter": null, "content": "Act, 1910, the Electricity (Supply) Act, 1948 and the Electricity Regulatory \nCommissions Act, 1998 are hereby repealed. \n \n (2) Notwithstanding such repeal, - \n \n (a) anything done or any action taken or purported to have been\n done or taken including any rule, notification, inspection, order or notice made or \nissued or any appointment, confirmation or declaration made or any licence, \npermission, authorisation or exemption granted or any document or instrument \nexecuted or any direction given under the repealed laws shall, in so far as it is not \ninconsistent with the provisions of this Act, be deemed to have been done or taken \nunder the corresponding provisions of this Act. \n \n (b) the provisions contained in sections 12 to 18 of the Indian \nElectricity Act, 1910 and rules made thereunder shall have effect until the \nrules under section 67 to 69 of this Act are made;. \n \n (c) Indian Electricity Rules, 1956 made under section 37 of the \nIndian Electricity Act, 1910 as it stood before such repeal shall continue to be in \nforce till the regulations under section 53 of this Act are made. \n9 of 1910. \n54 of 1948. \n14 of 1998. \n \n \n \n \n \n \n9 of 1910 \n \n \n \n \n \n9 of 1910 \n \n \n \n \n \n\n \n \n \n83 \nforce till the regulations under section 53 of this Act are made. \n \n (d) all rules made under sub-section (1) of section 69 of the Electricity \n(Supply) Act, 1948 shall continue to have effect until such rules are rescinded or \nmodified, as the case may be; \n \n (e) all directives issued, before the commencement of this Act, by a State \nGovernment under the enactments specified in the Schedule shall continue to apply \nfor the period for which such directions were issued by the State Government.º . \n \n (3) The provisions of the enactments specified in the Schedule, not \ninconsistent with the provisions of this Act, shall apply to the States in which \nsuch enactments are applicable. \n \n \n (4) The Central Government may, as and when considered \nnecessary, by notification, amend the Schedule. \n \n (5) Save as otherwise provided in sub-section (2), the mention of \nparticular matters in that section, shall not be held to prejudice or affect the \ngeneral application of section 6 of the General Clauses Act, 1897, with regard to \nthe effect of repeals. \n \n \n \n \n \n \n \n \n \n \n \n10 of 1897 \n\n \n \n \n84 \n \nTHE SCHEDULE \n \nENACTMENTS \n \n ( See sub-Section (3) of Section 185)", "footnote": "", "is_definition": false, "sort_order": 188 }, { "number": "1", "title": "Section 1. The Orissa Electricity Reform Act, 1995 (Orissa Act no. 2 of 1996)", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 189 }, { "number": "2", "title": "Section 2. The Haryana Electricity Reform Act, 1997 (Haryana Act no. 10 of 1998)", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 190 }, { "number": "3", "title": "Section 3. The Andhra Pradesh Electricity Reform Act, 1998 (Andhra Pradesh Act no. 30 of 1998)", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 191 }, { "number": "4", "title": "Section 4. The Uttar Pradesh Electricity Reform Act, 1999 (Uttar Pradesh Act no. 24 of 1999)", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 192 }, { "number": "5", "title": "Section 5. The Karnataka Electricity Reform Act, 1999 (Karnataka Act no. 25 of 1999)", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 193 }, { "number": "6", "title": "Section 6. The Rajasthan Electricity Reform Act, 1999 (Rajasthan Act no. 23 of 1999)", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 194 }, { "number": "7", "title": "Section 7. The Delhi Electricity Reforms Act, 2000 (Delhi Act No.2 of 2001)", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 195 }, { "number": "8", "title": "Section 8. The Madhya Pradesh Vidyut Sudhar Adhiniyam, 2000 (Madhya Pradesh Act No. 4 of 2001)", "chapter": null, "content": "******************* \n\n;~c_- ~ ; \n;.,if--_ - ·· . .,. \nf '· f.:r0rtfr crrR ~ · 3F.f7IB 6f9'i \nWcf> ~ -:r-r; :fRJR·· -Cf.RT 6f9'i \n' R ··.. . .-\n~ ·-· d,Y#i { ( mfru;r )2:r~ \n'l:@: ~ rcf~ ~ cfi1 ~ ~ 1ITT·%-.3IB' gJJ ~i I~ iJi' ~ cfiT % ·~~-i. 6:- ~ ~ f:- ~ \n~~%~~%~°ITT 7T7.fl % ~ i/ ~ cfii4c-lll;il cn1. \n~. ~ ifl fircr~ ifl ~ 213 ;m ~ yrfmzj aj ~ :?i <'J@ .s«- -;!j ~, -:- - \"t ~ ·.1 \"''~q1 ,-1 \nfr-P--lf~f-@q 3-f~I >1Mlf9c'1 en{~ ·~ :- .", "footnote": "", "is_definition": false, "sort_order": 196 }, { "number": "1", "title": "Section 1. · ( 1)", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 197 }, { "number": "2", "title": "Section 2. ~ 3-f~ ifl ~ ~~ cfiT cfiTfficfT~ '% i-;I 1-1 0nl Lof: ,2.0O4}; . \n· ....... \n(SA~;~J:19J?'BAN) ()RT}ll']ANCE, 2004 \nAhOrdJri,ip~)e,:rurtli:er to,ati}Jiid.the ChliattisMrn·Qt;kar ;\\cll;i~iy~m, 1981_ \nProtnutgated ~y {be Gov~inor f rt theFiJty:Fifth yearofRepublic ofTndii, . ' .. -- . . . . - ---··• . .. -. ,, . . -· .,. -· .- . _._,. . \n-Whereas: th~ ~i:ateiegi siature isnotjfr.sessibn and the Go Vernor of Chhqttisgarh is ~aiis I 'd \nti- ,· circumstances ~xist which render it ne~cssary for him to take immediate action. . . . -- . · . . .. \n41 Now , therefore, in exercise of the powers conferred by Clause ( l) of Article 2 l 3 of the \n-Consti tution of India, the Goyernor of Chhanisgnrh is pleased tu promulgate the follo ,ng \nOrd inance :~ \nl.", "footnote": "", "is_definition": false, "sort_order": 199 }, { "number": "2", "title": "Section 2. 3.", "chapter": null, "content": "· T!iis Qrdinirnce may be callcJ Chhattisgarh U pknr{San~hodhan) Ord inance . 2004 \n(No. T of 2004). \n(2) 1t shall come into force from the date of its publicalion in the official Gazc!l•?. \nDuring the period of operatlonof this Ordinance, ihc Chhattisgarh Upknr Adh in:y,rn . I 9 \n(No. r0f1982) shall have effect, subject to amendment speciCied in section 3. \nIn Su~-scction j of Section 3 of theChhiinisgarh Upkar Adhlniyam, ; 981 (No. I O l 982 ) for \n.the words \"One Pais:]'' the words \"F'jve Paisa\" shallbesubst ituteJ. \n(i IO / I l 0 \nShort ti; ,.,.- fin d (1 i11 1-\nChha i tis i.:a.! 1 Up kn( _ \nAdhi i~·;;m, ! ~ ~ UN11. \n! of i 9 t 2 ) !c~· he. ie1~ / \npo rar : l:i,· .1; :.1cnckd. \nA ml'nd 1n\\.'ill of \n. _s cc..:tio 11 , 1) qf \n3, . \nj \n\n-r J \nt \n~-i~·u{ ~ ..:5- _2001. \" \n.... \ni.: \n~ 30 l \n(~). \n~ -~ -~ cfiff\"4> I a . . ' ... ·. ·. . \n,:<13,1_, i-l ·w,ql ,, :,:~icr. 15 '-<>'.clf1-2005-\"!TT'iT 26, :iF-fi 19 26 \n~. 1-:_.:iict. 15 CF{cfTT 2005 \n~ ~ '' 0n)fl 11~/~/ \nm. 3-TI.~1712002.,, \n~ro ~ ~ =-n- :rn:r B o4T -0112.~11:11-111. \n~ ffi6 ~ ' 39\"-~-\n59 \n/ \n\n(1 \n·G· i;_ . . '.:. \n• -·· ... ~.,,c,. ·, ;. . . \n. i\\ \n. ir :-\n'-,) \\ ~ \n· •,:j \n.\\~. \nmfm+r? l.lci'~;l:! fo~ig:; LS C/lTcfCT 2005 \n. -11~1 ._ it ~ ff{ m SR:P-T ;f:;r ~ i, m ~ -,-!-lch mT)Tt --~ \nihl-l-cJ-,Fei'i' oo ~ cfi'r rit ITT,~--~ J1:fcf.i: ~ tzm 9fct .9,i:l2. ;:_f~ - · \nw?-r.~~~< .. ~ - ----··•·-· .... ----··-···-\"-'- . . \n(ti ) /-=hi-ii ~-M 919-17 ~ -a1'1 m«f fficnR 811 WTITT@ cf,'r ~if, tiflri:ifuT, \n~TTJT I ~ ~ ~ fW-nR cfil 34(:)0~ ~ ~:· ··· \n~ ' ITTicn 15 ~200 5 \n.:/ ( ~~:, \nsoJ.Jicr,-l 290/2 l -'8'/9WJllT/04 .- ~ ~ t11C1ciR ~ :.;:Jj~\"9c, 348 ·-~ ~ -( 3 ) '-f; ~if~ 0h. 1 .• \n) ,:µ,f~, 200~ (,...l-liih 2S i;r;i:· 2004 ) cfiT ~G-=il ~. zi,;<11,te, ~ ~..F-riTT it (lp~;,J(I %ITTTo 1i-,1~I ::rTciT €\" . \n·t·.• \n§nTWfG ~ ~ ~ ::iTl-1\" R if'4T j.J I ~-~ I I j fi I{ ' \n~~~, 31:f-~-\nCHHATTISG ARH ACT \n· (No. 28 of 2004) \nCHHATTISGARH UPKAR (SAJ'-ISHODH.AJ,') ADH1NIYA!V1, 2004 \nAn Act further to amen .d the Chh attisgar h Upkar Adhiniyam, 1981 (No. J of j 982). \nBe it enacted by the Chhattisgarh Legislature in the fift y-fifth yeu of the Repubii,_ of \nlndia ;:is follol'.'S :-\n') \n( 1) This Act may be called Chhattisgarh \\Jpkar (Sanshodhan) Adhiniyam, 2004. \n_; · ) \n{~ -r \nlt shall come into force from such date which the State Government may appoint in the \nnotification. \nIn Section 3 oJChhattisgarh Upkar Adhiniyam , 198 I (No. l of 1982) (herein after referred to \nas the Principal Act) :-\n(l) In sub-section (1) of Section 3 of the Principa l Act for the words \" One Paisa\" lhe \nwords \"Five Paisa\" shnll be substituted. \n(2) After sub-section (I) of Section 3 of the Principal Act the \"a llowing new sub-se tion \n( l-a) shall be inserted, namely:-\n''( 1-a) every producer of electrical energy shall pay to the State Governm ent an energy \ndevelop\"TJent cess at the rate of ten paisa per unit on the elec[rical energy sold or \nsupplied to a consumer or consumed by himself or his employees by his captive \npower unit or diesel or other generator set ofrnore than 100 Kilowatt capacity during \nany month; \nby; \nProvided, that no cess shall be payable in respect of electrical energy consumed \n(i) the Government oflndia for consumption by that Governme nt; \n(ii) the Government ofindia or a railway company for consumption in the \nconstruction, maintenance or operation of any railway administered .by \nthe Government oflndia; \nShon : i1l e and \ncomme nc em enl. \nA mendment \nSect ion 3. \nor \n./ \n\n6Q (2) \n.l \n,i·. \n.\\\\ . \n(iii) the St~te ·cbvem:tnent for co~sumption by tha( Go;,,emiTie~t; \n(i\\') a RGr&iErectrf c Co-6peratiVe S9ciety r~gistered uridei-the Chhattisgarh \n. Ci)-Operative$0cietyAct, l960(No. l7 ,ofl96l); . . . . \n( V' t:/,;lWii;~,:ti::r,,t,~ti:i ~,\\~ ~;;;, ~::,:: ;,~:: ~: ~ ,'.:: \n\\l•\\Jrk~ or / nY?t:9er places ofpub)jc reson maintained by such bodi es: \nPri:itid~Jl~Hffa/ 1bat th~ amount of eriergy de1:eJoonieni cess sh a!J 1·:c: \n.... ~on'ecic:d 0)'. 'lhe Chhafti_sgarh State E,;;tiicity Bo~rd or any othe.: \ninsr{rure .:wthotiztd by the.State Govemrhent arrd the amount so co!/ ect::~l \nshii'il be IJ73de a~;ailabletbtlieSiate Government. . . . ..... ·· .. , · '. ··- . · .. . , . . \nNMe:- For the purpose bf defining captive p~Wt!' unit the cid1r1 ' \" \nincluded i r. the Elecrricit)' Act, 2003 may apply.\" \n\\> . \ni I \n\n;,,;·- .·· \nRECD.1'-10 D. L. -3 ;..:. .. \n,_ ~-;- -·- - -\n. mrrn;:.~3~-~ (i) \n· '.PAR'!'If.-;...;Se(.:tion~uli-w::tion (i) \n· mfq/ Olj5-2 200 IC VCJ / Estt/ II ff b \n; - ,., \n· . ',. (,_·'. \n·,(' \n. ' · \n~ -~ \n. -\n~ :7 JUL 20 0- :m'm~ L.~ ~,.,~~, :•oos \nln. --t; Wa:.TI t,r~RJ ·f.r:{fc;fft@- ·f1lli:f ~ ~;~=@: ---- '", "footnote": "", "is_definition": false, "sort_order": 200 }, { "number": "2", "title": "Section 2. . . . . .", "chapter": null, "content": "(cri) --~!TP1 '' cfi1 ·3ici f8q(l ~Wcrl~, 2003 -g ; \n(u-) -m;i· ~if >fT@ dR ~m~ i:rt_~ 3Ti~rf.'rzr:r ·i:r 1:rf~rri~~1 ~ru::1 \nw~-1 ·,,01 -~ ~ - ~ •l ~ fom 1T;. ,.:_i;_ __ ;,,...b; · _\\__.... , ) . U • r ,:. , ., rr. ,·\\ ~ 1 , , ...-1 \n. ·./ \n' \n\n1 \n(q?\\ \n. ) \n( i) \n(ii) \n,r~T~ 1'°2n \n,:;;!: !1Tlb (i) 3ih \n+rriJft-cF, pq ~ \n~f ·~-:.1 -q=,+ -:H'h · \n(xdrq:ap 1:• ,) ,::·· \n\"~ ::,Trl1:1Tc-i ;, c.ft· -=- . \nTHE GAZETTE OF INDIA: EX'ffi.A.O!WTNAW, \n~ qi] cps:,-~-cn1, U&S1R;( ~d q3'Rq, :.n:i1cm1 (r;rlJ),hJFJi!) \nmf~ -&, ?n !fa~@ ~ G°Yc'f -~ ;~ er, ~ $1 ~Tcrl :g : .· : -... - • . . \n. . \n. . ·., -; \n1.i ,RJ sr0-il~~, ·Th cfj Gr\\;; izi: ·\\,_ \nm:Jlur.:; ,!Ht.Ff <~ -;;~ ii 'lioc1 ~ ·.&RT f4-xn .\\JJTcr{ 6, -~ m:rrr-- cf, fc~1 ~ j1fif~, • \\ .. \n\\; \nit~ \\JiqF:;-cr, ~:·i~~1~ c.~1 q4f ·• \n$ fcrcl a cf, fl Ii I jq I a ~1 ~~1 >fRTTJ@ ~q cfi11 .'f61 -gr ,rr l \n'3 c!lt--: ! I ., \ni:li7 ~.;-cP-11Ti Y.f~1~h:l ~ ~ ~ ~ -~1 ··Jffl;°lJT I \n\\. \n\n4-. \n(2) ~ ~Cl rfSx--TT .~ )f7;JFrrn:m .TI'J1 ~rRJ?q irn fir, oJ.Tx i3cr-:-f:i~ (-1) ~; \n~q-x3i~ (er,) \"3* '(;0) it \\3:fdt-r~,·BRrns-J<-4/· 1:Jx ci~ l,Jlfl-rrt~fl ·1n\\frcf'ir $\\izq ~ -:cn't ~wT ~ c))T ci1~~~=r ~~i f~j~1 ~ \n~rn 6 ~11 ·gi~1f~H 'xl~pl JZiqo q5) -c;~n ~rr.tr \"CiTT\\11TT \"BFJT -mf fc}i~' m0'/? q7y;:f) W\"llllcrnl m:m _3ffi\", ''~rcr S!~lcfdl'' ~- cnT (icf:(m'< tr1d J:JFll \n·'.:f ,> ,ww\\: ·. \na;):: \n-. . . . ·. . \n~Tr'io fcrqrr · ~~ cfi ; ~i~ .. Ti• \"-q<1Wrccr\", ·c:ri1 -~ :q.<'ffi\\TcfiH ct ·'(n:zi \n~-tr ~ ~ . \"gJlii1c1-1 cf>T fuMur -3F1~ en~ <~~ iJ:1 \n~ vfRl· ~ - ~ 61 -\n(3) ~- ~-wnr· (1) 3l1x (2) q~ ~ - f.~ Nim 3Rf Q')~ ~m. lfffh:r,1 \n~0Pf ~ - i=--trrrr~ cITT ~ cfiT .. ~ . sC; 1<9:1TTm 3Tfl:1R ~ ~n f.tt:m~ -~~ q \n(0{) ~n iq--~ (cn) ct~ ftq)t Bii ~) q;t WITT 3-TT ~-Q)· ; ~ll&i ->ln't5m: irffif)ti.f.fk,~ . ,m mft I . . · .·; ·:·. - ·:·:: · /_ . . · ·:'· . . \n' ' \n. ~t1s~Jii41ll ~ dl~-6fl : ~ff qft-mxT: 79 ?m '~\"?l:TRT (1} c~ ~-:s (:s.) -~ ! :-.- 1 \n~r:rt\" ,4-,1} .~ •u~'_vi~_ Wxf ~d-~~A '~~lc-1-i cB\" 'ft~ ~rt fqy;;' •- i \nJi. :cm:qITTt Ml~~ti nRffi ~ -~ :~~-~ -~'if ~ill tf. fc~a -.g.''l ,~:;1 \n~~ mwr cir ~ ~ cfi ~ ·~ ··'ft ;3RT;~ clfl1ffi cB\" furc: ~qi ·Rl·~·lG'.i . r:1 \n: q,1} ~~ru cf. ITT[ B-m ~ ir ~ J,rr ~ ~ ~ ct>°r ynxr f.tl5t cix~ i; ~ \n?11 ~ ffTI~·•m 1 . . .· . \n. . . . I . \niTlflc>TI:t<41:f ~ ~ 1.cJ; .~:: \": :mh'rpe7 '3-'1~ ~~;< ;m~m,·:~ :['®' fcl1g;c, f¥, ?: ,:fq~ ·;;I (: \n· }(;~ ,fr ~<;FF ~)f\\'.fcn \\'m, 11~r ~ :2?-:nc~q) cl~q:11 ci1 mm~c1 2N ~ >~5 -~f -ct --3~~ ·J1 \n~ 3iEfB cf)l~cll~~T .:cm,)lHJ~ci ~ '. ~~~1, .1:·", "footnote": "", "is_definition": false, "sort_order": 201 }, { "number": "13", "title": "Section 13. ~ 3fR mq~I'( ~ -~~:ciwn ~ . . · _.,. . : .. .", "chapter": null, "content": "~ ~{ ~-w:m tw ~~ ~~1mr·'cf{'.cthci1•.:q~,:.3fu: ~ -~mm '31n~e1 ~;:; \n4 \n//~t~Cfl,'q, \"\"sf'~· \n,I,' \nin-c<,3se .. ot_a.:pow~r p.larit:: \n· (j) __ ._ ·not).e,;i!:>/.t;h~niw.en:ti··s1>;:. p_e1:c~nt o(ih~ ownership is h~:ld \nan \nof \n· perst>risi/ : pr: r . . . _. . . . ', ' '· . \ncent ·.of the proportion.ate of the equity of the com 1:rr.mr \nrelated to :the geneiallqg:urilt· or units .identified a~ di·:: \n,. ca Pt ·~· '~n~rqtlng piaDt, J i · \nl ·,. \nJHus~tio9: in a gc:;nen1 tln.Q station with two . ) 0 ~ ~:; ~I \n1,1w t:::::ch ~amely Units Aiand B, one unit -- of so ~': _. ncrni:: \nUnit ··.:; ·mqY Q£;. . ide,rjJ{fj.~d g~, th:e Captive c;ener=;i-, \"'.} I ~.t-~ -· ..... '._·_:_'. _· . .::_. . -:. . - . . ·: ::~t\\_ ; , . -.. :·· \n- -- · ·: .::~1$Gt(i¢ity'.:gener.ated·. Hi a ·Captive'.· Generat.fri:g/ Plant_ \n· an;.;: tfubft:6'rrr/:~:~apti,te: Use\".: shall. b~! ·constrqed \n---.. ---~<-i~sq/~th;g1i; \n•··_:c (;c)}\\P-W.ber:~hlp':' ;Iii ,·relation to ·' a·'generating .station \n...,._,;.; ; . __ .,: \n\\');.; . \n~~ens!~1,~tft:::o:u(::::1~:i;;J~rir~f1.;;:i:r:~~:\n1\n1:: \ninclud©!,)lfl:~:t tf tt· li'h?,; · sub~station and elect,•icai. -~,;ntt·h'~t ~j-e. primarily \n--~ . -' ,.. . : . . l \"' . ; . . - . . . ; :.· . . . . \n~1~! ;:1tain~:~ f~r tKe ptir'pose of distri!Jut r· :j . electricity in the area of \n· _ s0,,;::Tpiy -Oi · ;;uch - distrit J':JtiOn liceris1::e i\"Ict-,·,'ithst9nding , · that such . li:1e;-\n/!; ,;, N . . · .. -.. -.· .·· . . . . . ·.·. \n?sUi)-stJtY. 1 ,: C:!\" eli~Ct(cal plant cirt: higf .:Ssure ca~i:2s or overhead \n~. e-;,,: .. :: ,~)..- -· .. ,,;:H·>-, 11:> ·(~ •• d 1·1·n·E,c)·- (,, · \n._,. L.,;_ ··.· ·- • I . • · .. I \\__. i . .- -- I .,. \nused incick nlcJily for the .purposes of tr::: .ti ng elcctricitv for ott,ers. \n. . .", "footnote": "", "is_definition": false, "sort_order": 205 }, { "number": "5", "title": "Section 5. Compliance with the directions Q\\J' Transmission Licensee.-", "chapter": null, "content": "(1) The National Load Despatch . Centre, Regional l_oaci Despatch . . . \n. . : \nCemre, as t11e case may be, or the , State Load. Despatch Centre, rnay, \nunder section · 26, sub.:section (3) of section 28, si:ib.:section (:L) of \nsection 29, sub-sect:on (2) of section 3Iand sub-5ection (1) ;rs~ctiori \n' . . . . . ' · • · . . . .- -. ·.' · , \n33 read ·w.ith clause (b) of section 40 of the Act, give such dired:idns, \n(7 c; ~ (/j_)c·; r . \" . . ! \nf \n.; \n\n10 TI-ill GAZEITEOFTNDIA: EXTiv\\QRDINARY \nas it Qlay conslder-;apgropr:lat _e ·:rqr -ma.lnta.lnlrtg the availability of tr; c \ntransmission system •;Pf :a Transm:lsslon :LicenS:!3e ;and the Trans;rn Issi en \n. .. .• ·-:~,. . . :-r. .· . -J .__. . . . • . . ~.. . : . • -· -- • . , . ~- , \nLicensee shall duly co.mply with aH sqch cjirections . . \n(2) The Appropriate . Cqrnrnission, on an application flied by th e: \nNational Load-. De~patch ov.e shall be with -ciul", "footnote": "", "is_definition": false, "sort_order": 206 }, { "number": "6", "title": "Section 6. The The surch,ug ._e", "chapter": null, "content": ". . ' '> ·.· .. \ntrar;ismissfon charges Under ;sectiqn 38, the manner ot' P;~\"!rfrcssiv \n. . - . \nreducti?n of such surc·;,arge and · the manner of payrnent and 'utili;'.at lo ·· \nof such · su(charge tD be specified by the Central Commission u -.dt:: \nsub_..:clause (ii)of clause (d} of sub~sectior1 (2) of section :38 sh2ii b,:: : \naccordance with surcharge on the charges for wheeJ-ing, the m2:nner L . . \nprogressive reducfron of such surcharge and trJe manne1· of payrner · \nand utilization of such surch;3rge as may . be specifle .d l)V ti • . . ' ' ,, ·,' . . \nApprop:riat~ Commission of the State in which the consumer is locatr \n.- . . \nunder sub-section (2) ofsection 42 of th,= Act. \n. . \n., . '\\· \n; \n. f \nj \nI j, \ni \nf \nI , \nIf \nI \nI • r \nI \nI I \n,I ,. \nt \n,J' \nJ", "footnote": "", "is_definition": false, "sort_order": 207 }, { "number": "7", "title": "Section 7. r", "chapter": null, "content": ">Qonsiurier . Rectressal •· forum an{i Omltl_qds.man~., ••- (li) The . : :---.; -:· ··~··'· '\" . .· ·' . . . ,. . ..,., .. . . \n. . . .. : . . _.. . . ..~ ·_ .. • -· -. · . .\": . ; ·--~ - - ~I . ·. ,. \ndistribution licensee >,shall • establish a forum ;•·for : redressal of . . . . ~ . . . . . . . . . . . . . . . . . . . \n·_griev,;m~E;~ of coos~mers -. unde·r sub-:section {5) · of.section 42 \n~hl~ii's.h;3IFtonslstofoffic;ers·of the llc;ensee. ,' ' \n· ::~~;t;rti1tistt;;:1;:tf ~~~;~;tt;:I;ve;:ss:~~ . \n· J..,e. s~p person a~ tile Stqte 'C-Offir(!iSs\\0Jl' tna)\"l1eC\\!1~ ffom time \n•• ;~~2r;;;1:;:~m:~?~·;:;r:~,;:i;;::~::s1:nt~: \nLicensees in U-L; , edr(:ssal of the gTit=:Vainces clf)d the opini1> of \nthe or·· t:)udsma ,. :: the Licensee's CC\"-r!pliahCE! of H,\"' stanc!ar r ·• of \nper1'orrnance :: . i \n(b ) __ _; ; ;.::_ :.:_ :· '· I , ; • • - ' -\ndays after the En.d of the re levant period ofsix months. \nTariffs. of generatin _g conJparnes under 'S~ction 79.- Th•e \ntariff determined by the _ Central \\. Commission for £1enerating \ncompanies under eta use (a) or (b) of s·ub.-,section ' (1) of section \n\nI \n=12====== = = ===11-IE==G=AZE==r=r=I~=o=F=IND=.· =lA=. =:E=_X ~-.T =RAi=O=R=D· =IN=AR==Y====::::::l·. ·p,,K.·_u_, _ --.- .. - ··•·, \n79 of the Act :shall not, 0e. _slJTuject to · r~-d'etermlflation by iJ;e , , . • ·.; _. ~ .. \n•; :\"state Comm1ssion in exi:frclse: qf functions :Under clause!; (a . ci;· \n(b) ofsub~section :(1) ofsectJ9:r:(B6 --bt\"the Act·and tubject t o IJ\\1:'. \nabove the State Commlssion.· may .. determine \n~ .. ·_. .~ . ' : . ; \nDistribution Licensee in the .State · should enter i nico Po ,, .. ,~:, \n.. Purchase . Agreem~nt or •. Proc;:ur~ment ;process witl7 SL,Cr, \n· generating'. ·cc;·- -;panies ~;_s~'~·':ci~.:- the tariff determined t, .. hr· \n. f .,(2entral-G@mn .; - :in ..• \n,. \nl \nf i \n. . . . . . '~-.-' \n.10:.\" \n.i. i.' \nI ·,: \n' \n. Inter-State t-~ .,;;,;ding-··l:,.ic¢~.c~.,-, :A licence issu¢d by th~,., r , · -~ ! \n·· :::;~::;:::::;~;:en~i,,~~~'. if;J;4~~, :;:f ~;e;: ,,=;~:: \n•·=!~::~:tt:!t'?;:;:B!J?Jf !~l:::::;:)i::::: \na . separa te l l ce nee ·.f o/ , intra/.sta.te fr-i~fi~~->,f;~.fTl the :./ ; l ~: \n~: . ;-~,:{_? \n(2) ot section, 111 /o'fi'tr{e,:J~c~?' th({ a-~pet '_';'g·a1~_st :;tr· tJl.l .• \npa-::sed by the 3djudicat,ing oJ.fit~ir or the a-ppr6otiat e co mn;i: ; . \n. . . '. \n2-ft2r th e corn:.·;g into foi~ce of th ::· Act tna•/ be ;d1~;d withi:: ::,:; \nt~ an t he s pec i2! courts shall not be barred Linder sub-se ction ·:i \nof sect ion 154 till such time the special court is constitu tE:d t-:r i.i: \nsub-se ction (.l} of section .15$ of the Act.", "footnote": "", "is_definition": false, "sort_order": 208 }, { "number": "12", "title": "Section 12. co.gniz:ance of the offence::- _ ('f) · The police shall : :,i-", "chapter": null, "content": "tu: ;, :;; 1 \n\n,\n. ·;, :{l' .. -,. . \n; .:./ . ' \n,. _ _.; ,. \\ l' \nC()~~laint . ln . writillg macif:t.9.}Jhi~ :police. by \"the. ApproprlatE \nGovernment . or the Apprqpftate?\\Commisslon .or ,iny of' theii \n_oJdcer auth9ri~!3(1 by them \\ i:~j th_i~ regard ··qr a Ch;~f ElectrlCc l; \ni~~:::s:1ro;[tt1~~1r~~~iili~t~~~~~ni}ttt9:::.offlcer ·or \n.. <·i _ .. . , ', ·i\\:>·,:'.~~?jt}t;fl },~;1i:if{[:;{~.;<>;:\"::,.; ,._.):~ .. > c ; ··.· . •- · \n(2) : ::-;_The · poJl~~-~shalljrjy :gsJlg~tJ~)!'tb.~ ::co111plalnt· in '. accor-dance. \n. withl he g~-n~}a1 ;f ;;i~,;~f Jif ii9J~fa(J~v~stigati0n · of a1y \n_J.. co1r1;p1aint. Por .the-purpo~$$jJ.f~Jli-V~Stig~tipn ·of the complaint tht · \n~' i · ;i~!infin:~f;;:;Ju\n1\n~i~~~iif ~;',~¼f%b1e under th~ Oide ti \n.. . ~-~ . : ' \n-_ _. .. ::-·-';_:-_, \n. (3) . The .police shall_; . ~~¥F_t:l_pv$stigation, forward the repo1i: \nalong with the comp!aint -filed \\ 0nder sub-clause ( 1) i:o the C:oun \nfor trial under the Act. \n(4) Notwithstanding anyth:rig contained in sub-clauses (1), (:2 :: \nand (3 ) abDve, the complaint for taking co~Inizance of an 011,:r-,c \npunishable under the Act r:- iY. also be filt~d by the Approp!i,:ic : \n. i •·. \n( .' r·,•·•-., :,.;·,,:·'- :: ,-- -~ ;,-.. , ;::,,, ,11,..hing cont· -=i·1:--r:>,'1 i,1 t-he· {~()dF > of Crimiru ; .• ~ ... \\\" 'l . . _, ·- - ; I ....i ,l I ':::J -- • I } L I I .u I I - .._.. \" ... ' I --......... .. . • I . \nProc 2,j ure l S T3, e: v2 ry special court may ta ke co,::inizanc e c,r ::i: , \no°rfence refer·red to in sections 135 to 139 of the Act without: till' \naccused being committed to it for trial. \n\n~-=== ;·· ··~--\n{6) The cognizance of the offen,:;e under the Act shal l Dot '\" ., \nany way preju_dice .the ,~ctio,n.s,µnd.~r}h'<' provisions of the Jndian \nPenal Code.", "footnote": "", "is_definition": false, "sort_order": 209 }, { "number": "13", "title": "Section 13. Issue of ordf;!rs an.,d P.r,aglce -Pi\\!',ectlons.-. · .. \" . \"-:; ·,.:· ... · .. '~-.:.;. ' 'i'. ; ··::.-,<:. -·· .. ,>r_:··r>,·,'. :' _: ,- ' . .", "chapter": null, "content": "The Central. (iOiernrn\\lm\\:,maY Jr9rn 'time to time issue Orders and \npractice s;,e~liO~~ ;; .J~b~;¢/.-,'-- -- -· ~----·- _......:. .. \nf'r,.,,,_,··,;y t\\., ,\\;,n~gi!r, 'Go,~ . o·i fodia I\"ro>!S< -Ring . Road, M1yr.p.uri. 'Ne>' Delhi-\\ \\UU61 \n,,,,C\\ . f·ublis hcd _by 1\\ie .. Conu-ol\\ er o[ P\\lb\\ic:i\\i<•~,s. Dclhi'.l \\ (10 ~.\\ \n·' \n.:(_t, .... \n-- --- - ·-·-· \n..:.•\"• \n.·-\n-\n\n=tS~np -~'•ii 1971' · ! \n9~1M<{ i:;\"-.,. ¢~10! f~~ \"-i'11 , ' ;'--i'i''~ \n\"})..;j,;, 100/ 73/~ U,3-;-f~ .. ,fcr.:W--~ t?,C/0.6. - -{lbn '<. iV'l:.t if!t-J-;r ~T ~(· otJ.e-; ~- fq) 9.i,~1 r-tT. fr:r~fr \"ffrt11 ITT ~1~ !-:~i.'i ~~ !~.;J ! \nom \\T~ ~ d_[);l! \\ :,ir ,J~\\l ~ if;' TT:n ,t:TT c,S{--li '-3TTcf~c:f oi,1 fjtj~,~·1 .:i f. \n. 3. \n( iii;) \nli\"f- ,~_-:. ftm. 41i,r1ct, ~q-,!{~if ch! .,C!I 1•-k~rrr ~r 2'i\"''i4i 1c;@\" 7;,r 2~-zrcRTT ct,~ ~' -a:i1Qr~ c;!cH •-<:;r,z \n( $\"h1i\"'i crfr Aeo•.i'1,f\\ c¾:q1i/ct> qf.1,.,'i [;,;,1 ~ -~,czcj :lc:;-;l~<;i if! -:-11ll.ji(']d ~ ) B -:ii'.\"7 t :fIT:i: fi:fgct' \"i-JO,s-;:; \n'B' .-~ t: = r,~ \" 1 ·-nr16 i, 3',--3 - 20.0'6 Cl,...._ ,h, jc_~-,-,.-~. ',~•'\n0\n1.',. 19~. cf!\". n,:. ~:,oB f.sl.J;u.s \"Ci! 'i~-l 6li_ci \n~ *~, 2003 {~ 1:fi'. P-!ll~J ~6fl\"TT. \n-qp.f, 2006 i:icn efr ~ . ~%•fl. \n~-:i:f-JJlrc ~ 11·~ \"\"' -=!Fl i'/ ri'-1: -:;;:f!c;W:J;FiR:, \nlfr. ifi. mm, ;::jiffi~cfiTG{~~fcrci;m~3lfmw@%. ~fcflfu ~ \n-a~ 10 i:m >iIB ~ feni:rr ~- ~'IF! 10 cf't:lT ~ ~ ~ S \"Cffi >iIB 7{RZ cfiT ~ ~ ~ lR if W{I' ffi 91B ~ \nqi! ~ ~ if dl4HP4Ri:h ~ ~ 3111TJfur ~ ~ 3Tim{~ ~an ~ fcrciim, fer@ ~ ~ IDU ~ ~ fer@ \n'Slfi ~ ~ o~ ~ TI'l-Ticfffi \"WffaTI if; fcrq;ra if ~ ~-\n~26~,2010 \n'if.~ffi6 \ng@tjit, \n(~~~) \n\n* \nmih-1•1~ ~J\"fq-3!', f0icfi 2 m 2010 426 (1) \n* * * * * * * * * * * * * * \n· 3 ( 1) ~ ~ ~cfil ~~- mu 4 # fclf.l121ipct ~ ~ 3l'U.Jm':f m ~ ~ ~ !W.m. 1T.t13.-mft~ fcrm~ \"B'l-TT cfi7 ~fu@ 3l'fqf.pp:J m -q-i: fc;:wi, 26-07·­\n·w13 cfi1 Wll7-TITT ifil_ ~fu ~ \"ITT ~ t ~ whrr~.:m:ur ifil \"iRc/iT{r ~ ~ wi,rfym ~ ~nm%. \n667 \nvi:l~ ~ ~ ~ -;,rq ~ qm 3-Jl~~lljflF(, \n-~ 1llc@, 3TT~ tifflc/. \n\n~-'·\\ \nI h ' \\ I \n668 \n-============================:::::::======= \n\\ / \n~/ \n\"ITT:-", "footnote": "", "is_definition": false, "sort_order": 210 }, { "number": "2", "title": "Section 2. cf.I", "chapter": null, "content": "(1) \n(2) \nUiutwl~ .3'.fftfi~ \n(~ 22 \"B,_2013) \n~1~ ~ ~, 19s1 c~; ., ·'ffi, 19a2> qi}. q\"'fCT 3 cm ~~\"mr < 1> ~ T~ -?f; \n~ (TJTq) %' ~ f.l.:1fc1forn ~~ \"fl~, 31~ :-\n_\"(~:) m;m ~~ ~f;;m\"rqtJ~ ~~~Jr~ 26 mmm arnmmn m, \n·mf -65.0Sfit. 229/21-,-a:fflZW.&.,:J:f./13.-·-1ffiTI·Tf; Tif<:fllfl *- a:Jj\"-€•~ 34.8 ·;t 121T;s{3) ~ ~-if-~r~ \n~ ('ftmt:r-,) 3-Tf~. 2013 (~ :22 :wr. '2013) :q;r ,W}~1 -3'[:_lqR ~K1 tt Wcfc:liN. ~ ~u Wi>Tfmi ~ W.5 :--\nJ. (I) This Act may be called the Chhattisgarh Upkar (Sanshodhan) Adhiniyam,", "footnote": "", "is_definition": false, "sort_order": 213 }, { "number": "2013", "title": "Section 2013. Ir extends to .the whole State of Chhattisgarti .", "chapter": null, "content": ". It shall come into force from the date of its publication in Official Gazette. \n, __ Afler clause (v) of proviso to sub-section (1) of Section 3 cf the Chhattisgarh Upkar \nAdhini_vam, 1981 (No. I cf 1982), the following .shall be added, namlely :-\n··1 vil Consumed or used by any generating company, in which the State Govern­\nment holds at I.east l:went;-1 s.ix percent equity, by it or sold or supplied to a \nDistribution Licensee o'li·necl by the Government. \nExplanation;- . \nI. For the purpose of this Section, equity holding by a Government \nCompany in its Subsidiary Company shall be deemed to be equity \nh9lding of the State Government.", "footnote": "", "is_definition": false, "sort_order": 214 }, { "number": "2", "title": "Section 2. \"Distrl~ution Licensee\" shall, have the same meaning as defined", "chapter": null, "content": "under si.ib-section (17) of Section 2 of lhe Electricity· Al, 2003 \n(No. 36,of 2003).", "footnote": "", "is_definition": false, "sort_order": 215 }, { "number": "3", "title": "Section 3. t,•r", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 216 }, { "number": "4", "title": "Section 4. \"Gener:atiqg :Company\" shall have··thc_ i;ame meaning as defined", "chapter": null, "content": "under sub-section (28) · of Section .2 of the Electricity Al, 2003 \n(No. 3~.of 2003). \n\"Go':ernment:Company\" Shallhav.e the same meaning as in subs \nsection {31) of Section 2 of the Electricity Act, 2003 (No. 36 of \n2003):\" \nShort title, ex !enl \nond cbm111encen1.ent. \nAmendment", "footnote": "", "is_definition": false, "sort_order": 217 }, { "number": "3", "title": "Section 3. of", "chapter": null, "content": ". , __ ·7-- r . \n' ' / \n/ \n/ \nLxlracl or Act No. 1 of 1982 celatiug tu Euergy Derelop rneur Cess \nMADHYA PRADESH ACT \nNo. of 1982 \nTlH: MADHYA PRADESH Ul'KAH ADIUNIYAJ\\I, 1981 \n-· \n(1'.cccivccl 11,c assent of the Pre,i_dcnt on the 16th Decembor, !981; a,$ent first· µul,/i,hcd in lhe \n\"J\\'ladhya l'cadc,lo Gazette\" (Extra•ordina.ry). dated the 12th January 1982]. \nAo Act to proYidc for lny of certain ccsscs. \n1k il cnactcc..l by the Madhya \nRepublic of l11dia as follows:-\nPradesh Legislature Ill tbe Thirty-sccofld Year of the \n:,;\" • • • • \nPART-I ENERGY DEVELOP.11.ENT CESS. \n. '", "footnote": "", "is_definition": false, "sort_order": 218 }, { "number": "2", "title": "Section 2. fo th.is part unless thore is anything repugnant in t11e subject or context,-", "chapter": null, "content": "('. (a) 'cess' means the energy development cess levied under seclioo 3; \nDdini tiom. \n. <,.)-.'.f\" (b) 'Fund' means thi:; energy development fund referred lo in sub-section \nsect.ion 3; \n(2) or \n' J \n(c) words and expressi_ous· used but not defined io tl.lis part and defuled iu Madhya \nPradesh Electricity Duty Act; 1949 (X of 1949), shall have the meaning respectively \nassigned to them in _that Act. ·", "footnote": "", "is_definition": false, "sort_order": 219 }, { "number": "3", "title": "Section 3. (I) SubjccJ;;,t0;Jp.e:,~~S~P.ticm.s specified in section 4, every· distributor of electrical Le.,y of energy", "chapter": null, "content": "energy shall pay- f,9 ~e$.~\\,~;fi,qr,~,frip:i,¢pJ,.at tu~ pr1:scribed ti~1e and in the presc_ribcd rnan?-er .,•:'.~• -~/ \nf fh~ p:fov1si<:>ris of~ections 4 to 9 (bot~ iodusive) of the Madhya Pradesh Electricity \nl)~_ty.:k~t, !?49.(X:,of]949) and the rul?s ma~c thereunder shall mutatis 1?,Utandis apply. to \np~_~, •. H~tf.:r (lys Apt as _ they ?,pply to levy 9.f duty on sale or consump~wn of . electnc~l \nen?rgy under that Act. an~ for (hat purpose reference to. 'duty' or 'electnc1ty duty' m the sa1d \nAct or 'the rules nxadc thereunder; as the case uiay be, s.hfll t>e construed as reference to 'cess'. \n,I \nGCPB-1541-USED-1-12-86-_500-::\" \n\n/' ,. \n/ \ni-· \n; ·, I \nI \n'. \nI I \ni \nI_ \nl \n··j~-:;f.rH 1TIF: 'Eli\" ~ 6Jcfi \n,;~iii~rc:1.flcfR Cf.RT 6Jcn \nj .~) % !f(flJf tr 21::f@. ~ \n~;ft 2-22-·umwrcp1~13a fu. ii. \nr~, ~q, 30-5-2001.\" \n( an:rr~-1 (fft ) \n~1r~wn·~ # ·u.cn:r~ra \n. . \n~335] ~. iJ~cll<, ~-1 ~ 20i3~J;!lqUI io, ~ .1935 \n~,~29~2013 \n: \n0 \n~,i,qjq-, \n\"~~/09/2{)12-2015.\" \n~~· sn11~: 65o6df; 22s121-3-1~J~ .. ,u13,:1.u\"lfJiJ~ ~QB tf~ ifTIW ornmfurr ii, __ \n&Ta ~wr <7I fflTT cn1 -if{~ 3'!~ ~ WtR % ~ cfft ~ ~trm \ncITT -am &RT il'i:ft <7T :Rfzj cfft -if{ m. \ntcrit-ChWT-", "footnote": "", "is_definition": false, "sort_order": 226 }, { "number": "1", "title": "Section 1. ~ qm ~~ ~ ~-~ &ffi'3Wfil ~~ii :mimftn", "chapter": null, "content": "~ ~ cn1 mimfurr ~ ~-", "footnote": "", "is_definition": false, "sort_order": 227 }, { "number": "2", "title": "Section 2. ··mcnm~· cnTcm 0,~m, ~fu@ 31fqf.p:rt:J, 2003 c~ 36 'B't.", "chapter": null, "content": "2003) cn1 ~Tm 2 cn1'31l-tl\"RT (31) if%.\" . \n1lB3TI~'cf>lm(r3;-7J, ~~ f1Hfoif@'l-~~,3'1~:­\n\"3-tl. ~l)'m,ttf.r, .· ·ii~n:rr~ cj,1 1c1ffi 9 ~ ~ r1..,R1r€la ~ ~. 3'1~ :-\n\"~ -\n(tlTU3~)· \n~qfrGT' \n'ffTlT ~ cfi\" \n, [tlm;3 (1) (3l) ~J \n• ~-,-~--. t-'311.C....j ~-1-c@-,-i 'cm-'-. --A-'e-: ----'---'31l---'~\"'\"', .~fq,-~ffimo \n04~ \n05 mITTm \n06 ~ \n10~ \n06~ \n03Wcrnil \n10 lffima \n2 0 ~ \n·•.I. \n\n--·t'-,:' \n,f./;' \nJj \n~ ~yr \n670(3) ~ 1Ff9\"5!, ~ 1 :wffif 2013 \n=~-==~=-============================================= \n' \n( 1) (2) (3) (4) \n1-1. \"QJt 6'!'-Wffir, -;;n o1!Dc@ ~ \nii ri fcR:ft ~n -€rufi % 3Wfu \nmhlft@ ~ ii, mi\\ ~ \nffl\"E!i\"~wi ii, ~\"3,;aj~ \n~cfi\"@f. \nm~6'!WTcfiT ~-cfiT0cfiTWTUR1 \nwpf #i -TT. ~ Vcm cfft ~ 1rB \n~ cfft \"!R.fl-T Zl7<:/ q;'\\ \n1 '.i. fcl:;m ft#~ in fw'r 6'!WI \nqfr~, -.NI Tr{ 'l:!l 3R\"fZ[cf,1 \n,J{fcrga~,~~, \n<1~, fcrcRcfi 'l:!l \"Fcrrjo \n~qi cpl ~ ~ f.r-rr, \n\"1°ffi: lfu~. \nwncfi1'i;{~~ \n. ~. ~fclircr@~ \n- >RTRTl:f rc@(Uf \n3~mft~m \n1Tll] \"ITTm.", "footnote": "", "is_definition": false, "sort_order": 236 }, { "number": "1", "title": "Section 1. ''Fffw! ~ ttl l'lW' 11 f.i, ~ \nctB -se9~ioh (~) pf ·$ectiqn (2) of.llie '.Electncity Act, .", "chapter": null, "content": "· .4093'-d{o: 3~-1f'2()()3). · · · ' · · \n:jbisiribution i;.icen~ee\" shail haye the same meaning as in \nsub1section (i7).of:Section (2)oftheEJectiicity Act; 2003 \nllfo 36_ cif2003). . . \nJ'Fi-ancµisee''.; s,hall . ~ave )he same mekiiing as fo. sub-sec­\nJioh:{2/) i:>LS~8tion2 oftl1eEiectrJcityAct, 2003 (No. 36. of \nQ;_D03).: . fJ · ·_ · .· ... • •· · · ·.· . \n\n/ \n•·· r.:. \n't ~- . \n570 ( t) \nAmendmenl \n!,ection 3-A. \nof \n.Addition of New \nSection 3-C. \n~ \n,.Addition \nSi::hedulid. \nof \n·•:", "footnote": "", "is_definition": false, "sort_order": 243 }, { "number": "4", "title": "Section 4. .)", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 244 }, { "number": "5", "title": "Section 5. ·1", "chapter": null, "content": "i:•-\n~ ~, f'c: . .:iicn 1 3=rm'f 2013", "footnote": "", "is_definition": false, "sort_order": 245 }, { "number": "4", "title": "Section 4. \"Generating Company\" shall have the same meaning as in", "chapter": null, "content": "sub-section (28) of Section2 of the Electricity Act, 2003 \n(No. 36 of2003).", "footnote": "", "is_definition": false, "sort_order": 246 }, { "number": "5", "title": "Section 5. \"Open Access.\" shall have the same meaning as in sub-sec­", "chapter": null, "content": "tion (47) of Section (2) of the Electricity Act, 2003 (No. 36 \nof2003).\" \nAfter clause (vii) of Section 3-A of the Principal Act, the following shall be inserted, \nnamely:-\n\"(viii) . Consumed or used by any genernting company; iri \\\\;hich the State Govern­\nment holds at least twenty six percent equity or sold or supplied by it to a \nDistribution Licensee owned by the Government. \nExplanation'-\n! . For the purpose of this Section, equity holding by a Government \nCompany in its Subsidiary Company shall be deemed to be equity", "footnote": "", "is_definition": false, "sort_order": 247 }, { "number": "2", "title": "Section 2. holding of the State Government. ·", "chapter": null, "content": "\"Government Company\" shall have the same meaning as in sub­\n. section (3}) of Section i of the Eiectr:icity Act, 2003 (No. 36 of \n2003).\" -\nAfter Section 3~13 ofllie·Prfodp_al Act, the following shall be added;· narriel y :­\n\"3-C Pbwet tb atii.ert.d tli6.Bc.hediil;.... . · . ---· - -~' -· -· -· ···· ------ -\n· · ----- --·--(l) _______ Th~-stite:. Govethinent may by notification iri the-Official Gazette \naci~ncttils'c1&iuie: - · -. · . ·.. · -\n(2) \nAfier;Se6ti6ii 9 drthe Prihtipai A.ct; ihi}bIJ6wing shall be added; namely :-. : ·. , ... ' ·=., . ' . . . . ·. . • \n-~ctIBDDiE · <~~ s~dtbB 3) \nRATES'OF DITTY . ···.' -· \nConsumer Categ6ry Con.si.imed El~ctricity \n(in Unit) \n.(~_) (3)_ . \nL -Dol?F.sti~:Consumer on:all consumed units \n\" \n.. • Rate of Duty in \npercentage of \nenergy charges \n• riotifi~d in the \ntarlfforder \n(4) \n08 percent \n'} \n. -\n\n:---\n;: .)~-~ \nv-- - -----------------------------~-----\n( 1 ) (2) (3) (4) \n-----------------------\n., , .. Non-Domestic Consumer \nMines (Other than captive \nmines of cement industries)", "footnote": "", "is_definition": false, "sort_order": 248 }, { "number": "4", "title": "Section 4. . Cement industries (including", "chapter": null, "content": "its captive mines).", "footnote": "", "is_definition": false, "sort_order": 249 }, { "number": "5", "title": "Section 5. LT Industries upto 25 HP", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 250 }, { "number": "6", "title": "Section 6. LT lndustries above 25 HP", "chapter": null, "content": "but upto 75 HP.", "footnote": "", "is_definition": false, "sort_order": 251 }, { "number": "7", "title": "Section 7. LT Industries above 75 HP", "chapter": null, "content": "but upto 100 HP.", "footnote": "", "is_definition": false, "sort_order": 252 }, { "number": "8", "title": "Section 8. LT Industries above I 00 HP", "chapter": null, "content": "HP but upto 1_50 HP.", "footnote": "", "is_definition": false, "sort_order": 253 }, { "number": "9", "title": "Section 9. Other- LT industries above", "chapter": null, "content": "150 HP which ate liotincluded \n-- ---above-and-Stone-etushetin.1pfo: \nISO HP. \n1 o. Mini Steel Plant; Rpli)ng Mills \n11., \nl . I \nI \n·I", "footnote": "", "is_definition": false, "sort_order": 254 }, { "number": "12", "title": "Section 12. i", "chapter": null, "content": "I - I \n13.1 \n· 14 . ! . \n:, . \nI \n;! \n_ and Spcinge Itori -PI:int upto \n15,000HP. \nPower Looms; Flour :Mills, Oil \nexpeller, thiesher and sitriijar \nother machinery. used for agri­\nculurai processing . \nTeitiles .inills, weaving in.ills \nand spinning mills.· \nH. T. Industrise not included in \nSerial N~. 10 and Non fudr.is0 \ntriai . -including -- · s~bpping \n. mall. Stone Crusher. :Jiaving \nload above Bo JIF- :and \n• situated outside ;$! · a:dj_~ceiit to \n,. the mines. \n: The consumer who' geherate \n; energy for their own consuip­\n• ption • for; the purposes \n. includ:ed u_nder an)' cif the \n- - :J • -above. cate~ones. \n,Electrical e~ergy soLq or supp­\n:1ied for consumpti6z:i for. any \n:purpose is used eith-ei wholly \nJor pait)y, · w~thout :0f ,,~,?nfent \n)of dis!tibuwt of ele,c(H:;t;er'lergy \n:-!or producer bf electr'icify;,as the \n'•f' ase m~y be] · {;; \n-: • i i t ~ \nOn all consumed units 12 percent \nOn all consumed units 40 percent \nOn all consumed units 15 per-cent \nOn all consumed units 03 .percent \nOn all consumed units 04 percent \nOn all consumed units 0-? percent \nOn all consumed uriits 06 percent \nOn all consumed units 10 percent \n··--···-·--------- .. \n0~ \nOn all consumed units Vercen_t \nOn all consumed uriits 03 ·petcent \n·on all cotjs,ui;neq units 10 percent \n- 20 percent . \nOn own consumption Rate of duty \nunits. shall be as if the \neiecttical energy \n_ is suppiied -oj, \nthe Distribu~ \ntion Licensee of \nthe State. \nOn all sold cir supplied At the highest \nor c9insumed uhits, as rate of the \nthe case may be. schedule. \n'·.:> \n670 ( 7) \n\nv. \n670 w, ~ ~, ~ 1 3'fTffil 2013 \n============================ \nPAR1:B \n[See S_ection 3 (1) (b)J \nS.No. Consumer Gategory \n(]) (2)", "footnote": "", "is_definition": false, "sort_order": 255 }, { "number": "16", "title": "Section 16. For Consuinption of", "chapter": null, "content": "Electricity obtained \nthrough open access \n-from outside the State. \nConsumed Electricity \n(in unit) \nRate of Duty in \npercentage of \nF:n ergy charges \nnotified in the \ntariff order \n0) ~) \nOn all the units obtained The rate of duty shall \nthrough Open Access. be calculated as if the \nelectricity is supplied \nby tfie Distribution \nLicensee. \n-'---+--+--~---------- ·•-· PART-C \n• I \n,. \n·i \n:'i \n[See Secticin3 (1) (c)J. \nS.No. Consumer Gategory \n; ( 1) (2) '", "footnote": "", "is_definition": false, "sort_order": 256 }, { "number": "17", "title": "Section 17. . Elec~icity sold ½r suppliep ~y ·", "chapter": null, "content": "_ Geni::t~~~qg f9¢;>;1ny,·,9.pfitf \nGenefatingP~ari( and Ptodi.icer \nto the Sta~e owtied aistributiori -\nand 4'ading Hc:~n§~~_\" \n. :·. : : :_ \n18 .. • - Electricity sold_or suppiied b_y \n· Generating Company, Captive -\nGene~ating Pian~ and Producer -\nto any other. coiistjmer iri tlie . \n- · .State. \n- .. 19. For the electricity consumetfby \n:aen4ating Company, Capth,e \n:Genefadrtg pfant'and Producer· \nfor tl-i:eir aiixiliiu-y ¢orisurription \n· anci fbr th6ir own ~onsumption. \n:,, \nCoii:siimed \n· Electricity \nctn tibit) \n-(3) \n····lt-· \n-Ori a1l sii1d'or \n. suppi;e~. units \nOh ali sold or \n_ suppifed rlili ts \noii' self. \nconsuII'l~b units \ninducfrng \nauxiliary \nconsumptions. \nRate of Duty \n(4) \n· 5 paise per unit \nThe rate of -duty \nshall be same as if \nthe eleciricity is \nsupplied by the \ndistribution \nlicensee to that \ncorisUmer. \n15 percent of_ the \ntariffwhich wc;iluld \nhave been appli­\ncable if the electri­\ncity is supplied.by \nthe distribution· \n· licensee'' \n·J~ote-:­\n:J. \n!:i \n\"Billi~g lv.t:o~th, qr 1.1onth'; mi;ails a. period of;ibo~t th1rty' 1ays between the \ntwo,c9nseduti'v_f: f!}~te'. feadings f~~ th¢ _purpo!>e of biHingfo the case of rri;nthly -billing. ' - . - -- - ' \n. ! ,•;' \n·-.l.-::··. \n:. j \n:. :,·- :::. ·• \n\n.~ .... ,··. \n\"I. \n;/. \n'", "footnote": "", "is_definition": false, "sort_order": 257 }, { "number": "2", "title": "Section 2. \"Mines\" means mines as· defined under clause (j) of Section 2 of the Mines", "chapter": null, "content": "Act, I 952 (No. 36 of l 952) and also includes the premises or machinery \nsituated in and adjacent lo a mine and used for crushing, procesing, treating \nor transporting the mineral.", "footnote": "", "is_definition": false, "sort_order": 258 }, { "number": "3", "title": "Section 3. \"Tariff' means the rate of energy determined by the Chhattisgarb State Elec­", "chapter": null, "content": "tricity Regulatory Commission under Section 86 of the-Electricity Act, 2003 \n(No. 36 of2003).", "footnote": "", "is_definition": false, "sort_order": 259 }, { "number": "4", "title": "Section 4. The Electricity Duty shall be calculated on the basis of actual percentage of", "chapter": null, "content": "tariff in a month. As for as fraction of 50 paisa is concerned, 50 paisa and \r\nabove shall be rounded, off to the next higher rupee and Jess than 50 paisa \r\nshall be ignored. \r\n·····-·--- ·•--·----- -- - .. \r\n670(9) \r\nC)", "footnote": "", "is_definition": false, "sort_order": 260 } ], "metadata": { "Act ID": "194910", "Act Number": "10", "Enactment Date": "1949-03-30", "Act Year": "1949", "Short Title": "The Electricity Act No. 10 of 1949 Date 02.04.1949", "Department": "Department of ENERGY", "Type": "STATE", "Location": "Chhattisgarh" }, "updated_at": "2026-09-29 21:51:51" }