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Bar News Acts League

The Electricity Act, 2003

Act ID: 2003

The Electricity Act, 2003

"An Act to consolidate the laws relating to generation, transmission, distribution, trading and use of electricity."

Table of Contents

186 Sections

Ch. I

– Preliminary

S.1Short title, extent and commencement.–S.2Definitions.–S.122Powers of Appellate Tribunal S.139Negligently breaking or damaging works S.147Penalties not to affect other liabilities

Ch. II

– National electricity policy and plan

S.3National Electricity Policy and Plan.–S.5National policy on electrification and local distribution in rural areas.–S.6Joint responsibility of State Government and Central Government in rural electrification.–

Ch. III

– Generation of electricity

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

Ch. IV

– Licensing

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

Ch. V

– Transmission of electricity

S.25Inter-State, regional and inter-regional transmission.–S.26National Load Despatch Centre.–S.27Constitution of Regional Load Despatch Centre.–S.28Functions of Regional Load Despatch Centre.–S.29Compliance of directions.–S.30Transmission within a State.–S.31Constitution of State Load Despatch Centres.–S.32Functions of State Load Despatch Centres.–S.33Compliance of directions.–S.34Grid Standards.–S.35Intervening transmission facilities.–S.36Charges for intervening transmission facilities.–S.37Directions by Appropriate Government.–S.38Central Transmission Utility and functions.–S.39State Transmission Utility and functions.–S.40Duties of transmission licensees.–S.41Other business of transmission licensee.–

Ch. VI

– Distribution of electricity

S.42Duties of distribution licensee and open access.–S.43Duty to supply on request.–S.44Exceptions from duty to supply electricity.–S.45Power to recover charges.–S.46Power to recover expenditure.–S.47Power to require security.–S.48Additional terms of supply.–S.49Agreements with respect to supply or purchase of electricity.–S.50The Electricity supply code.–S.51Other businesses of distribution licensees.–S.52Provisions with respect to electricity trader.–S.53Provision relating to safety and electricity supply.–S.54Control of transmission and use of electricity.–S.55Use, etc., of meters.–S.56Disconnection of supply in default of payment.–S.57Standards of performance of licensee.–S.58Different standards of performance by licensee.–S.59Information with respect to levels of performance.–S.60Market domination.–

Ch. VII

– Tariff

S.61Tariff regulations.–S.62Determination of tariff.–S.63Determination of tariff by bidding process.–S.64Procedure for tariff order.–S.65Provision of subsidy by State Government.–S.66Development of market.–

Ch. VIII

– Works

S.67Provision as to opening up of streets, railways, etc.–S.68Overhead lines.–S.69Notice to telegraph authority.–

Ch. IX

– Central electricity authority

S.70Constitution, etc., of Central Electricity Authority.–S.71Members not to have certain interest.–S.72Officers and staff of Authority.–S.73Functions and duties of Authority.–S.74Power to require statistics and returns.–S.75Directions by Central Government to Authority.–

Ch. X

– Regulatory commissions

S.76Constitution of Central Commission.–S.77Qualifications for appointment of Members of Central Commission.–S.78Constitution of Selection Committee to recommend Members.–S.79Functions of Central Commission.–S.80Central Advisory Committee.–S.81Objects of Central Advisory Committee.–S.82Constitution of State Commission.–S.83Joint Commission.–S.84Qualifications for appointment of Chairperson and Members of State Commission.–S.85Constitution of Selection Committee to select Members of State Commission.–S.86Functions of State Commission.–S.87State Advisory Committee.–S.88Objects of State Advisory Committee.–S.89Term of office and conditions of service of Members.–S.90Removal of Member.–S.91Secretary, officers and other employees of Appropriate Commission.–S.92Proceedings of Appropriate Commission.–S.93Vacancies, etc., not to invalidate proceedings.–S.94Powers of Appropriate Commission.–S.95Proceedings before Commission.–S.96Powers of entry and seizure.–S.97Delegation.–S.98Grants and loans by Central Government.–S.99Establishment of Fund by Central Government.–S.100Accounts and audit of Central Commission.–S.101Annual report of Central Commission.–S.102Grants and Loans by State Government.–S.103Establishment of Fund by State Government.–S.104Accounts and audit of State Commission.–S.105Annual report of State Commission.–S.106Budget of Appropriate Commission.–S.107Directions by Central Government.–S.108Directions by State Government.–S.109Directions to Joint Commission.–

Ch. XI

– Appellate tribunal for electricity

S.110Establishment of Appellate Tribunal.–S.111Appeal to Appellate Tribunal.–S.112Composition of Appellate Tribunal.–S.113Qualifications for appointment of Chairperson and Member of Appellate Tribunal.–S.114Term of office.–S.115Terms and conditions of service.–S.116Vacancies.–S.117Resignation and removal.–S.118Member to act as Chairperson in certain circumstances.–S.119Officers and other employees of Appellate Tribunal.–S.120Procedure and powers of Appellate Tribunal.–S.121Power of Appellate Tribunal.–S.123Decision to be by majority.–S.124Right of appellant to take assistance of legal practitioner and of Appropriate Commission to appoint presenting officers.–S.125Appeal to Supreme Court.–

Ch. XII

– Investigation and enforcement

S.126Assessment.–S.127Appeal to Appellate Authority.–S.128Investigation of certain matters.–S.129Orders for securing compliance.–S.130Procedure for issuing directions by Appropriate Commission.–

Ch. XIII

– Reorganisation of board

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

Ch. XIV

– Offences and penalties

S.4Other Services four thousand rupees:S.135Theft of Electricity.–S.136Theft of electric lines and materials.–S.137Punishment for receiving stolen property.–S.138Interference with meters or works of licensee.–S.140139. Negligently breaking or damaging works.–S.141Extinguishing public lamps.–S.142Punishment for non-compliance of directions by Appropriate Commission.–S.143Power to adjudicate.–S.144Factors to be taken into account by adjudicating officer.–S.145Civil courts not to have jurisdiction.–S.146Punishment for non-compliance of orders or directions.–S.148Penalty where works belong to Government.–S.149Offences by companies.–S.150Abetment.–S.151Cognizance of offences.–S.151APower of police to investigate.–S.152Compounding of offences.–

Ch. XV

– Special courts

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

Ch. XVI

– Dispute resolution

S.158Arbitration.–

Ch. XVII

– Other provisions

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

Ch. XVIII

– Miscellaneous

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