Preface

Table of Cases

Introduction

1. Short title, extent and commencement

2. Definitions

-- Notes on Clauses

3. National Electricity Policy and Plan

Notes on Clauses

Status of National Electricity Policy

4. National policy on stand alone systems for rural areas and non-conventional energy systems

-- Notes on Clauses

5. National policy on electrification and local distribution in rural areas

-- Notes on Clauses

6. Joint responsibility of State Government and Central Government in rural electrification

Notes on Clauses

Legislative changes

7. Generating company and requirement for setting up of generating station

-- Notes on Clauses

8. Hydro-electric generation

-- Notes on Clauses

9. Captive generation

-- Notes on Clauses

10. Duties of generating companies

Notes on Clauses

Analogous Law

11. Directions to generating companies

-- Notes on Clauses

12. Authorised persons to transmit, supply, etc., electricity

-- Notes on Clauses

13. Power to exempt

-- Notes on Clauses

14. Grant of licence

Notes on Clauses

Analogous Law

Legislative Changes

Military Engineering Service (MES) is deemed licensee

15. Procedure for grant of licence

Notes on Clauses

Analogous Law

16. Conditions of licence

Notes on Clauses

Analogous Law

17. Licensee not to do certain things

-- Notes on Clauses

18. Amendment of licence

Notes on Clauses

Analogous Law

19. Revocation of licence

Notes on Clauses

Analogous Law

20. Sale of utilities of licensees

-- Notes on Clauses

21. Vesting of utility in purchaser

Notes on Clauses

Analogous Law

22. Provisions where no purchase takes place

Notes on Clauses

Analogous Law

23. Directions to licensees

Notes on Clauses

Analogous Law

24. Suspension of distribution licence and sale of utility

-- Notes on Clauses

25. Inter-State, regional and inter-regional transmission

-- Notes on Clauses

26. National Load Despatch Centre

-- Notes on Clauses

27. Constitution of Regional Load Despatch Centre

-- Notes on Clauses

28. Functions of Regional Load Despatch Centre

-- Notes on Clauses

29. Compliance of directions

-- Notes on Clauses

30. Transmission within a State

Notes on Clauses

Analogous Law

31. Constitution of State Load Despatch Centres

-- Notes on Clauses

32. Functions of State Load Despatch Centres

-- Notes on Clauses

33. Compliance of directions

-- Notes on Clauses

34. Grid Standards

-- Notes on Clauses

35. Intervening transmission facilities

-- Notes on Clauses

36. Charges for intervening transmission facilities

-- Notes on Clauses

37. Directions by Appropriate Government

-- Notes on Clauses

38. Central Transmission Utility and functions

-- Notes on Clauses

39. State Transmission Utility and functions

Notes on Clauses

Analogous Law

40. Duties of transmission licensees

Notes on Clauses

Analogous Law

41. Other business of transmission licensee

-- Notes on Clauses

42. Duties of distribution licensee and open access

Notes on Clauses

Legislative Changes

Maintenance of service lines—Liability of licensee

Dispute raised by consumer—Forum and Procedure

Dispute as to electricity bill—Writ petition—Alternative remedy

43. Duty to supply on request

Notes on Clauses

Individual power connection

Electricity connection to owner/occupier of premises

Electricity supply to unauthorised occupant of premises

Electricity connection—Restoration of, to new owner

New electricity connection—Refusal to grant

Electricity connection—Refusal to defaulter

Unauthorised occupant not entitled to get electricity supply

Disconnection of electricity supply

Writ petition—Locus standi

44. Exceptions from duty to supply electricity

-- Notes on Clauses

45. Power to recover charges

Notes on Clauses

Apportionment of outstanding dues

46. Power to recover expenditure

-- Notes on Clauses

47. Power to require security

Notes on Clauses

Security deposit for supply of electricity

Electricity large supply connection—Liability to pay one time contract demand charge

48. Additional terms of supply

-- Notes on Clauses

49. Agreements with respect to supply or purchase of electricity

-- Notes on Clauses

50. The Electricity Supply Code

Notes on Clauses

Legislative changes

51. Other businesses of distribution licensees

-- Notes on Clauses

52. Provisions with respect to electricity trader

Notes on Clauses

Creditworthiness for being an electricity trader

53. Provision relating to safety and electricity supply

Notes on Clauses

Analogous Law

54. Control of transmission and use of electricity

Notes on Clauses

Analogous Law

55. Use, etc., of meters

Notes on Clauses

Analogous Law

56. Disconnection of supply in default of payment

Notes on Clauses

Scope of the section

Notice for disconnection

Limitation for recovery of dues

Disconnection in case of non-payment of charges

Disconnection of electricity supply—Recovery of amount for past period

Disconnection of Electricity Supply—Clubbing of liquidated damages in monthly bills for failure of consumer to supply material—Not permissible

Final assessment order—Opportunity of hearing

Electricity dues—Whether Electricity Ombudsman can pass order retrospectively

57. Standards of performance of licensee

-- Notes on Clauses

58. Different standards of performance by licensee

-- Notes on Clauses

59. Information with respect to levels of performance

-- Notes on Clauses

60. Market domination

-- Notes on Clauses

61. Tariff regulations

Notes on Clauses

Legislaitve changes

Analogous Law

62. Determination of tariff

Notes on Clauses

Analogous Law

Electricity tariff—Discount on energy charges to power intensive industrial unit

63. Determination of tariff by bidding process

-- Notes on Clauses

64. Procedure for tariff order

Notes on Clauses

Revision or modification of Tariff—Powers of Commission

65. Provision of subsidy by State Government

-- Notes on Clauses

66. Development of market

-- Notes on Clauses

67. Provision as to opening up of streets, railways, etc.

-- Notes on Clauses

68. Overhead lines

Notes on Clauses

Analogous Law

69. Notice to telegraph authority

Notes on Clauses

Analogous Law

70. Constitution, etc., of Central Electricity Authority

Notes on Clauses

Analogous Law

71. Members not to have certain interest

Notes on Clauses

72. Officers and staff of Authority

Notes on Clauses

Analogous Law

73. Functions and duties of Authority

Notes on Clauses

Analogous Law

74. Power to require statistics and returns

Notes on Clauses

Analogous Law

75. Directions by Central Government to Authority

Notes on Clauses

Analogous Law

76. Constitution of Central Commission

Notes on Clauses

Analogous Law

77. Qualifications for appointment of Members of Central Commission

Notes on Clauses

Analogous Law

78. Constitution of Selection Committee to recommend Members

Notes on Clauses

Analogous Law

79. Functions of Central Commission

Notes on Clauses

80. Central Advisory Committee

Notes on Clauses

Analogous Law

81. Objects of Central Advisory Committee

Notes on Clauses

Analogous Law

82. Constitution of State Commission

Notes on Clauses

Analogous Law

83. Joint Commission

Notes on Clauses

84. Qualifications for appointment of Chairperson and Members of State Commission

Notes on Clauses

Analogous Law

85. Constitution of Selection Committee to select Members of State Commission

Notes on Clauses

Analogous Law

86. Functions of State Commission

Notes on Clauses

Analogous Law

State Electricity Regulatory Commission—Jurisdiction of

87. State Advisory Committee

Notes on Clauses

Analogous Law

88. Objects of State Advisory Committee

Notes on Clauses

89. Term of office and conditions of service of Members

Notes on Clauses

90. Removal of Member

Notes on Clauses

Analogous Law

91. Secretary, officers and other employees of Appropriate Commission

Notes on Clauses

Analogous Law

92. Proceedings of Appropriate Commission

Notes on Clauses

93. Vacancies, etc., not to invalidate proceedings

Notes on Clauses

94. Powers of Appropriate Commission

Notes on Clauses

95. Proceedings before Commission

Notes on Clauses

96. Powers of entry and seizure

Notes on Clauses

97. Delegation

Notes on Clauses

98. Grants and loans by Central Government

Notes on Clauses

99. Establishment of Fund by Central Government

Notes on Clauses

100. Accounts and audit of Central Commission

Notes on Clauses

101. Annual report of Central Commission

Notes on Clauses

102. Grants and loans by State Government

Notes on Clauses

103. Establishment of Fund by State Government

Notes on Clauses

104. Accounts and audit of State Commission

Notes on Clauses

Analogous Law

105. Annual report of State Commission

Notes on Clauses

Analogous Law

106. Budget of Appropriate Commission

Notes on Clauses

Analogous Law

107. Directions by Central Government

Notes on Clauses

108. Directions by State Government

Notes on Clauses

Analogous Law

109. Directions to Joint Commission

Notes on Clauses

Analogous Law

110. Establishment of Appellate Tribunal

Notes on Clauses

Analogous Law

Quantum of stand-by charges—Dispute relating to

111. Appeal to Appellate Tribunal

Notes on Clauses

Analogous Law

112. Composition of Appellate Tribunal

Notes on Clauses

Analogous Law

Establishment of Appellate Tribunal

Benches of Appellate Tribunal

113. Qualifications for appointment of Chairperson and Member of Appellate Tribunal

Notes on Clauses

Analogous Law

114. Term of office

Notes on Clauses

Analogous Law

115. Terms and conditions of service

Notes on Clauses

Analogous Law

116. Vacancies

Notes on Clauses

Analogous Law

117. Resignation and removal

Notes on Clauses

Analogous Law

118. Member to act as Chairperson in certain circumstances

Notes on Clauses

Analogous Law

119. Officers and other employees of Appellate Tribunal

Notes on Clauses

Analogous Law

120. Procedure and powers of Appellate Tribunal

Notes on Clauses

Analogous Law

121. Power of Appellate Tribunal

Notes on Clauses

Analogous Law

Legislative Changes

122. Distribution of business amongst Benches and transfer of cases from one Bench to another Bench

Notes on Clauses

Analogous Law

123. Decision to be by majority

Notes on Clauses

Analogous Law

124. Right of appellant to take assistance of legal practitioner and of Appropriate Commission to appoint presenting officers

Notes on Clauses

Analogous Law

125. Appeal to Supreme Court

Notes on Clauses

Analogous Law

126. Assessment

Notes on Clauses

Legislative changes

Analogous Law

Scope of the section

Expressions ‘unauthorised use of electricity’ and ‘theft’—Connotation of

Unauthorised use of electricity—Provisional assessment of charges

Assessment for theft of energy

Electricity charges—Assessment of

Provisional assessment—Maintainability of writ petition

127. Appeal to appellate authority

Notes on Clauses

Legislative changes

Analogous Law

Appeal—Competent authority

Provisional assessment—Appeal against

Bias—Proof—Exercise of power by appellate authority

128. Investigation of certain matters

Notes on Clauses

Analogous Law

129. Orders for securing compliance

Notes on Clauses

Analogous Law

130. Procedure for issuing directions by Appropriate Com-mission

Notes on Clauses

Analogous Law

131. Vesting of property of Board in State Government

Notes on Clauses

Analogous Law

Compensation due to accident—Liability of successor-in-interest of Electricity Board

132. Use of proceeds of sale or transfer of Board, etc.

Notes on Clauses

Analogous Law

133. Provisions relating to officers and employees

Notes on Clauses

Analogous Law

134. Payment of compensation or damages on transfer

Notes on Clauses

Analogous Law

135. Theft of electricity

Notes on Clauses

Analogous Law

Legislative Changes

Scope of the section

Presumption under the section

Theft of electricity—Not an offence under Section 379, IPC

Theft of electricity—Show cause notice

Disconnection for theft of energy

Assessment for theft of electricity

136. Theft of electric lines and materials

Notes on Clauses

137. Punishment for receiving stolen property

Notes on Clauses

138. Interference with meters or works of licensee

Notes on Clauses

139. Negligently breaking or damaging works

Notes on Clauses

Analogous Law

Legislative Changes

140. Penalty for intentionally injuring works

Notes on Clauses

Analogous Law

Legislative Changes

141. Extinguishing public lamps

Notes on Clauses

Analogous Law

142. Punishment for non-compliance of directions by Appropriate Commission

Notes on Clauses

Analogous Law

143. Power to adjudicate

Notes on Clauses

144. Factors to be taken into account by adjudicating officer

Notes on Clauses

145. Civil court not to have jurisdiction

Notes on Clauses

Scope of the section

Jurisdiction of Civil Court barred

Consumer forum—Jurisdiction

146. Punishment for non-compliance of orders or directions

Notes on Clauses

Analogous Law

Legislative Changes

147. Penalties not to affect other liabilities

Notes on Clauses

Analogous Law

148. Penalty where works belong to Government

Notes on Clauses

Analogous Law

149. Offences by companies

Notes on Clauses

Analogous Law

150. Abetment

Notes on Clauses

Legislative changes

Analogous Law

151. Cognizance of offences

Notes on Clauses

Legislative changes

151-A. Power of police to investigate

151-B. Certain offences cognizable and non-bailable

152. Compounding of offences

Notes on Clauses

Analogous Law

153. Constitution of Special Courts

Analogous Law

Constitution of Special Court

154. Procedure and power of Special Court

Analogous Law

Civil liability to be determined by Special Court

155. Special Court to have powers of Court of session

Jurisdiction of Civil Courts barred

Analogous Law

156. Appeal and revision

Analogous Law

157. Review

Analogous Law

158. Arbitration

Notes on Clauses

Analogous Law

159. Protection of railways, highways, airports and canals, docks, wharfs and piers

Notes on Clauses

Analogous Law

160. Protection of telegraphic, telephonic and electric signalling lines

Notes on Clauses

Analogous Law

161. Notice of accidents and inquiries

Notes on Clauses

Analogous Law

Death due to electrocution—Duty of Board

162. Appointment of Chief Electrical Inspector and Electrical Inspector

Notes on Clauses

Analogous Law

163. Power for licensee to enter premises and to remove fittings or other apparatus of licensee

Notes on Clauses

Analogous Law

164. Exercise of powers of Telegraph Authority in certain cases

Notes on Clauses

Analogous Law

Execution of tower—Consent of land owner

165. Amendment of Sections 40 and 41 of Act 1 of 1894

Notes on Clauses

166. Coordination Forum

Notes on Clauses

167. Exemption of electric lines or electrical plants from attachment in certain cases

Notes on Clauses

168. Protection of action taken in good faith

Notes on Clauses

Analogous Law

169. Members, officers, etc., of Appellate Tribunal, Appropriate Commission to be public servants

Notes on Clauses

170. Recovery of penalty payable under this Act

Notes on Clauses

171. Services of notices, orders or documents

Notes on Clauses

Analogous Law

172. Transitional provisions

Notes on Clauses

Applicability of repealed Act of 1910

Saving of sanctions

173. Inconsistency in laws

Notes on Clauses

174. Act to have overriding effect

Notes on Clauses

175. Provisions of this Act to be in addition to and not in derogation of other laws

Notes on Clauses

176. Power of Central Government to make rules

Notes on Clauses

177. Powers of Authority to make regulations

Notes on Clauses

Analogous Law

178. Powers of Central Commission to make regulations

Notes on Clauses

Analogous Law

Constitutionality of Regulations framed by CERC

179. Rules and regulations to be laid before Parliament

Notes on Clauses

180. Powers of State Governments to make rules

Notes on Clauses

181. Powers of State Commissions to make regulations

Notes on Clauses

Analogous Law

Publication of Tariff Regulations

182. Rules and regulations to be laid before State Legislature

Notes on Clauses

Analogous Law

Laying of Rules/Regulations before the Legislature

183. Power to remove difficulties

Notes on Clauses

Analogous Law

184. Provisions of Act not to apply in certain cases

Notes on Clauses

Analogous Law

185. Repeal and saving

Notes on Clauses

Analogous Law

Applicability of the provisions of the Repealed Act of 1910

Saving of conditions of supply sanctioned under Section 21 (2) of the Indian Electricity Act, 1910

Saving of the conditions of supply framed by the C.E.S.C. Limited

Saving of the Gujarat Electricity Industry (Reorganisation and Regulation) Act, 2003

THE SCHEDULE

1. Short title and commencement

2. Definitions

3. Requirements of Captive Generating Plant

4. Distribution System

5. Compliance with the directions by Transmission Licensee

6. The surcharge under Section 38

7. Consumer Redressal Forum and Ombudsman

8. Tariffs of generating companies under Section 79

9. Inter-State trading licence

10. Appeal to the Appellate Tribunal

11. Jurisdiction of the Courts

12. Cognizance of the offence

13. Issue of orders and practice directions

 

Central Electricity Regulatory Commission (Salary, Allowances and Other Conditions of Service of Chairperson and Members) Rules, 2004

Fees for Making Application for Grant of Licence Rules, 2004

National Electricity Plan Notification Rules, 2004

Appellate Tribunal for Electricity (Form, Verification and the Fee for Filing an Appeal) Rules, 2004

Appeal to the Appellate Authority Rules, 2004

Appellate Tribunal for Electricity (Salaries, Allowances and Other Conditions of Service of Chairperson and Members) Rules, 2004

Procedure for Conducting Inquiry Against a Member of Appropriate Commission Rules, 2004

Means of Delivery of Notice, Order or Document Rules, 2004

Procedure for Holding Inquiry by Adjudicating Officer Rules, 2004

Appellate Tribunal for Electricity (Salary, Allowances and Other Conditions of Service of the Officers and Employees) Rules, 2004

Central Electricity Regulatory Commission (Preparation of Annual Reports) Rules, 2005

Forum of Regulators Rules, 2005

National Load Despatch Centre Rules, 2004

Distribution of Electricity Licence (Additional Requirements of Capital Adequacy, Creditworthiness and Code of Conduct) Rules, 2005

The Central Power Engineering (Group 'A') Service Rules, 2005

Electricity (Procedure for Previous Publication) Rules, 2005

Central Electricity Authority (Terms and Conditions of Service of Chairperson and other Members) Rules, 2005

Intimation of Accidents (Form and Time of Service of Notice) Rules, 2005

Works of Licensees Rules, 2006

Qualifications, Powers and Functions of Chief Electrical Inspector and Electrical Inspectors Rules, 2006

Appellate Tribunal for Electricity (Procedure, Form, Fee and Record of Proceedings) Rules, 2007

 

The Central Electricity Regulatory Commission (Procedure, Terms and Conditions for Grant of Transmission License and Other Related Matters) Regulations, 2003

Central Electricity Regulatory Commission (Procedure, Terms and Conditions for Grant of Trading Licence and Other Related Matters) Regulations, 2004

Central Electricity Regulatory Commission (Open Access in Inter-State Transmission) Regulations, 2004

Central Electricity Regulatory Commission (Terms and Conditions of Tariff) Regulations, 2004

The Central Electricity Regulatory Commission (Payment of Fee) Regulations, 2004

Central Electricity Regulatory Commission (Procedure for making of Application for Determination of Tariff, Publication of the Application and other Related Matters) Regulations, 2004

Central Electricity Regulatory Commission (Indoor/Outdoor Medical Facilities) Regulations, 2005

Central Electricity Regulatory Commission (Fixation of Trading Margin) Regulations, 2006

Central Electricity Authority (Installation and Operation of Meters) Regulations, 2006

The Central Electricity Authority (Procedure for Transaction of Business) Regulations, 2006

The Central Electricity Authority (Technical Standards for Connectivity to the Grid) Regulations, 2007

Central Electricity Authority (Furnishing of Statistics, Returns and Information) Regulations, 2007

Central Electricity Regulatory Commission (Leased Accommodation) Regulations, 2007

Central Electricity Regulatory Commission (Recruitment, Control and Service Conditions of Staff) Regulations, 2007

 

Establishment of Regional Power Committees

[1] Northern Regional Power Committee

[2] Southern Regional Power Committee

[3] Eastern Regional Power Committee

[4] Western Regional Power Committee

[5] North Eastern Regional Power Committee

Guidelines for Determination of Tariff by Bidding for the procurement of Power by Distribution Licencees

The Electricity (Removal of Difficulties) Order, 2005

The Electricity (Removal of Difficulties) Second Order, 2005

The Electricity (Removal of Difficulty) Third Order, 2005

The Electricity (Removal of Difficulty) Fourth Order, 2005

The Electricity (Removal of Difficulty) Fifth Order, 2005

The Electricity (Removal of Difficulty) Sixth Order, 2005

The Electricity (Removal of Difficulty) Seventh Order, 2005

The Electricity (Removal of Difficulties) Eighth Order, 2005

The Electricity (Removal of Difficulties) Ninth Order, 2005

The National Electricity Policy, 2005

Tariff Policy

Rural Electrification Policy

Indian Electricity Grid Code

Tariff based Competitive-Bidding Guidelines for Transmission Service

Guidelines for Encouraging Competition in Development of Transmission Projects

 

The Andhra Pradesh Electricity Reform Act, 1998

The Delhi Electricity Reforms Act, 2000

The Gujarat Electricity Industry (Organisation and Regulation) Act, 2003

The Haryana Electricity Reform Act, 1997

The Karnataka Electricity Reform Act, 1999

The Madhya Pradesh Vidyut Sudhar Adhiniyam, 2000

The Orissa Electricity Reform Act, 1995

The Rajasthan Power Sector Reforms Act, 1999

The Uttar Pradesh Electricity Reforms Act, 1999

 

29. Construction, installation, protection, operation and maintenance of electric supply lines annd apparatus

30. Service lines and apparatus on consumer's premises

31. Cut-out on consumer's premises

32. Identification of earthed and earthed neutral conductors and position of switches and cut-outs therein

33. Earthed terminal on consumer's premises

34. Accessibility of bare conductors

35. Danger notices

36. Handling of electric supply-lines and apparatus

37. Supply to vehicles, cranes, etc

38. Cables for portable or transportable apparatus

39. Cables protected by bituminous materials

40. Street boxes

41. Distinction of different circuits

41-A. Distinction of the installations having more than one feed

42. Accidental Charge

43. Provisions applicable to protective equipment

44. Instructions for restoration of persons suffering from electric shock

44-A. Intimation of Accident

45. Precautions to be adopted by consumers, Owners, occupiers, electrical contractors, electrical workmen and suppliers

46. Periodical inspection and testing of consumer’s installation

47. Testing of consumer’s installation

47-A. Installation and Testing of Generating Units

48. Precautions against leakage before connection

49. Leakage on consumer’s premises

50. Supply and use of energy

50-A. Additional provisions for supply and use of energy in multi-storeyed building (more than 15 metres in height)

51. Provisions applicable to medium, high or extra-high voltage installations

52. Appeal to Inspector in regard to defects

53. Cost of inspection and test of consumer’s installation

54. Declared voltage of supply to consumer

55. Declared frequency of supply to consumer

56. Sealing of meters and cut-outs

57. Meters, maximum demand indicators and other apparatus on consumer’s premises

58. Point of commencement of supply

59. Precautions against failure of supply—Notice of failures

63. Approval by Inspector

64. Use of energy at high and extra-high voltage

64-A. Additional provisions for use of energy at high and extra-high voltage

65. Testing, Operation and Maintenance

66. Metal sheathed electric supply lines—Precautions against excess leakage

67. Connection with earth

68. General conditions as to transformation and control of energy

69. Pole type sub-stations

70. Condensers

71. Additional provisions for supply to high voltage luminous tube sign installation

72. Additional provisions for supply to high voltage electrode boilers

73. Supply to X-ray and high frequency installation

74. Material and strength

75. Joints

76. Maximum stresses : Factors of safety

77. Clearance above ground of the lowest conductor

78. Clearance between conductors and trolley wires

79. Clearance from buildings of low and medium voltage lines and service lines

80. Clearance from buildings of high and extra-high voltage lines

81. Conductors at different voltages on same supports

82. Erection of or alteration to buildings, structures, flood banks and elevation of roads

82-A. Transporting and Storing of material near overhead lines

83. Clearances—General

84. Routes—Proximity to aerodromes

85. Maximum interval between supports

86. Conditions to apply where telecommunication lines and power lines are carried on same supports

87. Lines crossing or approaching each other

88. Guarding

89. Service-lines from Overhead lines

90. Earthing

91. Safety and protective devices

92. Protection against lightning

93. Unused overhead lines

133. Relaxation by Government

134. Relaxation by Inspector

135. Supply and use of energy by non-licensees and others

136. Responsibility of Agents and Managers

137. Mode of entry

138. Penalty for breaking seal

138-A. Penalty for breach of Rule 44-A

139. Penalty for breach of Rule 45

140. Penalty for breach of Rule 82

140-A. Penalty for breach of Rule 77, 79 or 80

141. Penalty for breach of rules

142. Application of rules

143. Repeal

INDEX