The Electricity Act `2003

An Act to consolidate the laws relating to generation, transmission, distribution, trading and use of electricity and generally for taking measures conducive to development of electricity industry, promoting competition therein, protecting interest of consumers and supply of electricity to all areas, rationalisation of electricity tariff, ensuring transparent policies regarding subsidies, promotion of efficient and environmentally benign policies, constitution of Central Electricity Authority, Regulatory Commissions and establishment of Appellate Tribunal and for matters connected therewith or incidental thereto.
2003
  • GENERATION OF ELECTRICITY

  • 7
     Generating company and requirement for setting up of generating station
  • 8
     Hydro-electric generation
  • 9
     Captive generation
  • 10
     Duties of generating companies
  • 11
     Directions to generating companies
  • LICENSING

  • 12
     Authorised persons to transmit, supply, etc., electricity
  • 13
     Power to exempt
  • 14
     Grant of licence
  • 15
     Procedure for grant of licence
  • 16
     Conditions of licence
  • 17
     Licensee not to do certain things
  • 18
     Amendment of licence
  • 19
     Revocation of licence
  • 20
     Sale of utilities of licensees
  • 21
     Vesting of utility in purchaser
  • 22
     Provisions where no purchase takes place
  • 23
     Directions to licensees
  • 24
     Suspension of distribution licence and sale of utility
  • Inter-State transmission

  • 25
     Inter-State, regional and inter-regional transmission
  • 26
     National Load Despatch Centre
  • 27
     Constitution of Regional Load Despatch Centre
  • 28
     Functions of Regional Load Despatch Centre
  • 29
     Compliance of directions
  • Intra-State transmission

  • 30
     Transmission within a State
  • 31
     Constitution of State Load Despatch Centres
  • 32
     Functions of State Load Despatch Centres
  • 33
     Compliance of directions
  • Other provisions relating to transmission

  • 34
     Grid Standards
  • 35
     Intervening transmission facilities
  • 36
     Charges for intervening transmission facilities
  • 37
     Directions by Appropriate Government
  • 38
     Central Transmission Utility and functions
  • 39
     State Transmission Utility and functions
  • 40
     Duties of transmission licensees
  • 41
     Other business of transmission licensee
  • Provisions with respect to distribution licensees

  • 42
     Duties of distribution licensee and open access
  • 43
     Duty to supply on request
  • 44
     Exceptions from duty to supply electricity
  • 45
     Power to recover charges
  • 46
     Power to recover expenditure
  • 47
     Power to require security
  • 48
     Additional terms of supply
  • 49
     Agreements with respect to supply or purchase of electricity
  • 50
     The Electricity supply code
  • 51
     Other businesses of distribution licensees
  • Provisions with respect to electricity traders

  • 52
     Provisions with respect to electricity trader
  • Provisions with respect to supply generally

  • 53
     Provision relating to safety and electricity supply
  • 54
     Control of transmission and use of electricity
  • 55
     Use, etc., of meters
  • 56
     Disconnection of supply in default of payment
  • Consumer protection: Standards of performance

  • 57
     Standards of performance of licensee
  • 58
     Different standards of performance by licensee
  • 59
     Information with respect to levels of performance
  • 60
     Market domination
  • TARIFF

  • 61
     Tariff regulations
  • 62
     Determination of tariff
  • 63
     Determination of tariff by bidding process
  • 64
     Procedure for tariff order
  • 65
     Provision of subsidy by State Government
  • 66
     Development of market
  • Works of licensees

  • 67
     Provision as to opening up of streets, railways, etc
  • Provisions relating to overhead lines

  • 68
     Overhead lines
  • 69
     Notice to telegraph authority
  • Constitution and functions of Authority

  • 70
     Constitution, etc., of Central Electricity Authority
  • 71
     Members not to have certain interest
  • 72
     Officers and staff of Authority
  • 73
     Functions and duties of Authority
  • Certain powers and directions

  • 74
     Power to require statistics and returns
  • 75
     Directions by Central Government to Authority
  • Constitution, powers and functions of Central Commission

  • 76
     Constitution of Central Commission
  • 77
     Qualifications for appointment of Members of Central Commission
  • 78
     Constitution of Selection Committee to recommend Members
  • 79
     Functions of Central Commission
  • 80
     Central Advisory Committee
  • 81
     Objects of Central Advisory Committee
  • Constitution, powers and functions of State Commissions

  • 82
     Constitution of State Commission
  • 83
     Joint Commission
  • 84
     Qualifications for appointment of Chairperson and Members of State Commission
  • 85
     Constitution of Selection Committee to select Members of State Commission
  • 86
     Functions of State Commission
  • 87
     State Advisory Committee
  • 88
     Objects of State Advisory Committee
  • Appropriate Commission–Other provisions

  • 89
     Term of office and conditions of service of Members
  • 90
     Removal of Member
  • Proceedings and powers of Appropriate Commission

  • 91
     Secretary, officers and other employees of Appropriate Commission
  • 92
     Proceedings of Appropriate Commission
  • 93
     Vacancies, etc., not to invalidate proceedings
  • 94
     Powers of Appropriate Commission
  • 95
     Proceedings before Commission
  • 96
     Powers of entry and seizure
  • 97
     Delegation
  • Grants, Fund and Accounts, Audit and Report

  • 98
     Grants and loans by Central Government
  • 99
     Establishment of Fund by Central Government
  • 100
     Accounts and audit of Central Commission
  • 101
     Annual report of Central Commission
  • 102
     Grants and Loans by State Government
  • 103
     Establishment of Fund by State Government
  • 104
     Accounts and audit of State Commission
  • 105
     Annual report of State Commission
  • 106
     Budget of Appropriate Commission
  • 107
     Directions by Central Government
  • 108
     Directions by State Government
  • 109
     Directions to Joint Commission
  • APPELLATE TRIBUNAL FOR ELECTRICITY

  • 110
     Establishment of Appellate Tribunal
  • 111
     Appeal to Appellate Tribunal
  • 112
     Composition of Appellate Tribunal
  • 113
     Qualifications for appointment of Chairperson and Member of Appellate Tribunal
  • 114
     Term of office
  • 115
     Terms and conditions of service
  • 116
     Vacancies
  • 117
     Resignation and removal
  • 117A
     Qualifications, terms and conditions of service of Chairperson and Member
  • 118
     Member to act as Chairperson in certain circumstances
  • 119
     Officers and other employees of Appellate Tribunal
  • 120
     Procedure and powers of Appellate Tribunal
  • 121
     Power of Appellate Tribunal
  • 122
     Distribution of business amongst Benches and transfer of cases from one Bench to another Bench
  • 123
     Decision to be by majority
  • 124
     Right of appellant to take assistance of legal practitioner and of Appropriate Commission to appoint presenting officers
  • 125
     Appeal to Supreme Court
  • INVESTIGATION AND ENFORCEMENT

  • 126
     Assessment
  • 127
     Appeal to Appellate Authority
  • 128
     Investigation of certain matters
  • 129
     Orders for securing compliance
  • 130
     Procedure for issuing directions by Appropriate Commission
  • REORGANISATION OF BOARD

  • 131
     Vesting of property of Board in State Government
  • 132
     Use of proceeds of sale or transfer of Board, etc
  • 133
     Provisions relating to officers and employees
  • 134
     Payment of compensation or damages on transfer
  • OFFENCES AND PENALTIES

  • 135
     Theft of Electricity
  • 136
     Theft of electric lines and materials
  • 137
     Punishment for receiving stolen property
  • 138
     Interference with meters or works of licensee
  • 139
     Negligently breaking or damaging works
  • 140
     Penalty for intentionally injuring works
  • 141
     Extinguishing public lamps
  • 142
     Punishment for non-compliance of directions by Appropriate Commission
  • 143
     Power to adjudicate
  • 144
     Factors to be taken into account by adjudicating officer
  • 145
     Civil courts not to have jurisdiction
  • 146
     Punishment for non-compliance of orders or directions
  • 147
     Penalties not to affect other liabilities
  • 148
     Penalty where works belong to Government
  • 149
     Offences by companies
  • 150
     Abetment
  • 151
     Cognizance of offences
  • 151A
     Power of police to investigate
  • 151B
     Certain offences to be cognizable and non-bailable
  • 152
     Compounding of offences
  • SPECIAL COURTS

  • 153
     Constitution of Special Courts
  • 154
     Procedure and power of Special Court
  • 155
     Special Court to have powers of Court of Session
  • 156
     Appeal and revision
  • 157
     Review
  • Arbitration

  • 158
     Arbitration
  • Protective clauses

  • 159
     Protection of railways, highways, airports and canals, docks, wharfs and piers
  • 160
     Protection of telegraphic, telephonic and electric signalling lines
  • 161
     Notice of accidents and injuries
  • 162
     Appointment of Chief Electrical Inspector and Electrical Inspector
  • 163
     Power for licensee to enter premises and to remove fittings or other apparatus of licensee
  • 164
     Exercise of powers of Telegraph Authority in certain cases
  • 165
     Amendment of sections 40 and 41 of Act 1 of 1894
  • MISCELLANEOUS

  • 166
     Coordination forum
  • 167
     Exemption of electric lines or electrical plants from attachment in certain cases
  • 168
     Protection of action taken in good faith
  • 169
     Members, officers, etc., of Appellate Tribunal, Appropriate Commission to be public servants
  • 170
     Recovery of penalty payable under this Act
  • 171
     Services of notices, orders or documents
  • 172
     Transitional provisions
  • 173
     Inconsistency in laws
  • 174
     Act to have overriding effect
  • 175
     Provisions of this Act to be in addition to and not in derogation of other laws
  • 176
     Power of Central Government to make rules
  • 177
     Powers of Authority to make regulations
  • 178
     Powers of Central Commission to make regulations
  • 179
     Rules and regulations to be laid before Parliament
  • 180
     Powers of State Governments to make rules
  • 181
     Powers of State Commissions to make regulations
  • 182
     Rules and regulations to be laid before State Legislature
  • 183
     Power to remove difficulties
  • 184
     Provisions of Act not apply in certain cases
  • 185
     Repeal and saving