The electricity act, 2003 (Bare Act)/ Universal Law Publishing

THE ELECTRICITY ACT, 2003

• List of Statutes Referred in the Electricity Act, 2003 • Chart I— Comparison of Provisions of Electricity Act, 2003 with Indian Electricity Act, 1910 • -Chart II—Comparison of Provisions of Electricity Act, 2003 with Electricity (Supply) Act, 1948
Introduction
PARTI
PRELIMINARY
Sections 1. Short title, extent and commencement
2. Definitions
PART II
NATIONAL ELECTRICITY POLICY AND PLAN National Electricity Policy and Plan National policy on stand alone systems for rural areas and non-conventional energy systems National policy on electrification and local distribuHon in imral areas Joint responsibility of State Government and Central Government
in rural electrification
PARTUI
GENERATION OF ELECTRICITY Generating company and requirement for setting up of generating station Hydro-electric generation Captive generation Duties of generating companies Directions to generating companies
PART IV
LICENSING Authorised persons to transmit supply, etc., electricity ^ Power to exempt Grant of licence : Procedure for grant of licence Conditions of licence Licensee not to do certain things Amendment of licence Revocation of licence Sale of utilities of licensees Vesting of utility in purchaser Provisions where no purchase takes place Directions to licensees Suspension of distribution licence and sale of utility
PARTV
TRANSMISSION OF ELECTRICITY
Inter-State transmission Inter-State, regional and inter-regional transmission National Load Despatch Centre Constitution of Regional Load Despatch Centre

28. Functions of Regional Load Despatch Centre 22 29. Compliance of directions ^ Intra-State transmission 30. Transmission within a State 23 31. Constitution of State Load Despatch Centres 23 32. Functions of State Load Despatch Centres 23 33. Compliance of directions 24 Other provisions relating to transmission 34. Grid Standards ^ 35. Intervening I ansmission facilities 24 36. Charges for intervening transmission facilities 25 37. Directions by Appropriate Government 25 38. Central Transmission Utility and functions 25 39. State Transmission Utility and functions 26 40. Duties of transmission licensees ' 27 41 Other business of transmission licensee 28 PART VI DISTRIBUTION OF ELECTRICITY Provisions with respect to distribution licensees 42 Duties of distribution licensees and open access 28 * OQ 43. Duty to supply on request 44. Exceptions from duty to supply electricity 30 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 " ' " 79 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 sta. idards of performance by licensee 59. Information with respect to levels of performance 60. Market domination PART Vll
TARIFF
3 j 61. Tariff regulations 35 62. Determination of tariff 37 63. Determination of tariff by bidding process 64. Procedure for tariff order 37 65. Provision of subsidy by State Government 66. Development of market

Works of licensees 67. Provision as to opening up of streets, railways, etc. 38 Provisions relating to overhead lines 68. Overhead lines 39 69. Notice to telegraph authority 40
PART IX
CENTRAL ELECTRICITY AUTHORITY Constitution and functions ofAuthority 70. Constitution, etc., of Central Electricity Authority 41
71. Members not to have certain interest 42 72. Officers and staff of Authority 42 73. Functions and duties of Authority 42 Certain powers and directions .i74. Power to require statistics and returns 43 75. Directions by Central Government to Authority 43
PARTX
REGULATORY COMMISSIONS Constitution, powers and functions of Central Commission 76. Constitution of Central Commission 44 77. Qualifications for appointment of Members of Central Commission. 44 78. Constitution of Selection Committee to recommend Members. 45 79. Functions of Central Commission 46 80. Central Advisory Committee 47 81. Objects of Central Advisory Committee 47 Constitution, poivers and functions of State Commissions
82. Constitution of State Commission . \ 47 83. Joint Commission 48 84. Qualifications for appointment of Chairperson and
Members of State Commission 49 85. Constitution of Selection Committee to select Members of
State Commission 49
86. Functions of State Commission 50 87. State Advisory Committee , . . " 51 88. Objects of State Advisory Committee 51 Appropriate Commission—Other provisions /
89. Term of office and conditions of service of Members 52 90. Removal of Member 52 Proceedings and powers of Appropriate Commission 91. Secretary, officers and other employees of Appropriate Commission 53 92. Proceedings of Appropriate Commission 53 93. Vacancies, etc., not to invalidate proceedings 54 94. Powers of Appropriate Commission 54 95. Proceedings before Commission . . 54 96. Powers of entry and seizure . * . 54 97. Delegation 55 Grants, Fund, Accounts, Audit and Report 98. Grants and loans by Central Government 55 99. Establishment of Fund by Central Government 55
100. Accounts and audit of Central Commission 55
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 b) Central Government 108. Directions by State Government 109. Directions to Joint Commission
PART XI
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 118. Member to act as Chairperson in certain circumstances 119. Officers and Jther 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 PART Xll INVESTIGATION AND ENFORCEMENT
126. Assessment 127. Appeal to appellate authority 128. Investigation of certain matters 129. Orders for securing compliance "" • 130 Procedure fc; issuing directions by Appropriate Commission. PART Xlll 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 PART XIV
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

Punishment for non-compliance of directions by Appropriate Commission Power to adjudicate Factors to be taken into account by adjudicating officer Civil court not to have jurisdiction Punishment for non-compliance of orders or directions Penalties not to affect other liabilities Penalty where works belong to Government Offences by companies Abetment Cognizance of offences Power of police to investigate Certain offences cognizable and non-bailable Compounding of offences PARTXV
SPECIAL COURTS Constitution of Special Courts Procedure and power of Special Court Special Court to have powers of Court of Session Appeal and revision
Review
PART XVI
DISPUTE RESOLUTION
Arbitration t .
Arbitration
PARTXVll
OTHER PROVISIONS
Protective clauses Protection of railways, highways, airports and canals, docks, wharfs and piers Protection of telegraphic, telephonic and electric signalling lines Notice of accidents and inquiries Appointment of Chief Electrical Inspector and Electrical Inspector Power for licensee to enter premises and to remove fittings or other apparatus of licensee Exercise of powers of Telegraph Authority in certain cases . Amendment of sections 40 and 41 of Act 1 of 1894
PART XVllI
MISCELLANEOUS
Coordination Forum • . Exemption of electric lines or electrical plants from attachment in certain cases Protection of action taken in good faith Members, officers, etc., of Appellate Tribunal, Appropriate Commission to be public servants Recovery of penalty payable under this Act Services of notices, orders or documents Transitional provisions Inconsistency in laws Act to have overriding effect Provisions of this Act to be in addition to and not in derogation of other laws Power of Central Government to make rules Powers of Authority to make regulations Powers of Central Commission to make regulatioi\s Rules and regulations to be laid before Parliament Powers of State Governments to make rules Powers of State Commissions to make regulations Rules and regulations to be laid before State Legislature

183. Power to remove difficulties 184. Provisions of Act not to apply in certain cases 185. Repeal and saving THE SCHEDULE—Ewflcfmenfs
THE ELECTRICITY RULES, 2005
Rules 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 Tribimal 11. Jurisdiction of the courts 12. Cognizance of the offence 13. Issue of orders and practice directions
THE FEES FOR MAKING APPLICATION FOR GRANT OF LICENCE RULES, 2004
1. Short title and commencement 2. Definifions . . . 3. Fees for making application for grant of licence
THE NATIONAL ELECTRICITY PLAN NOTIFICATION RULES, 2004 1. Short title and commencement 2. Definitions 3. Notification of National Electricity Plan
THE APPELLATE TRIBUNAL FOR ELECTRICITY (SAURIES, ALLOWANCES AND OTHER CONDITIONS OF SERVICE OF CHAIRPERSON AND MEMBERS) RULES, 2004
1. Short title and commencement 2. Definitions . . . 3. Salary, allowances, payable to the Chairperson 4. Contribution to contributory provident fund 5. Other conditions of service . . . 6. Salary and allowances payable to Member 7. Contribution to contributory provident fund 8. Other conditions of service of Member 9. Oath of office and secrecy . ' ' " 10. Declaration of financial or other interest 11. Residuary provision • FORM L— Form of Oath of Office for the Chairperson/Members of the Appellate Tribunal for Electricity ' FORM II.— Form of Oath of Secrecy for the Chaiip)erson/Members of the Appellate Tribunal for Electricity FORM m.—Declaration against acquistion of any adverse financial or other interest
THE APPELLATE TRIBUNAL FOR ELECTRICITY (FORM. VE^FICATIGN AND THE FEE FOR FILING AN APPEAL) RULES, 2004 1. Short title and commencement
2. Definitions

3. The form and verification while filing an appeal 4. Fee for filing an appeal FORM.—[Format for filing an appeal under sub-section (2) of section 111 of the Electricity Act and its verification—See rule 3] .
THE APPEAL TO THE APPELLATE AUTHORITY RULES, 2004 1. Short title and commencement 2. Definitions 3. Appellate Authority
THE MEANS OF DELIVERY OF NOTICE, ORDER OR DOCUMENT RULES, 2004 1. Short title and commencement 2. Definitions 3. Means of delivery of notice, order or document
THE PROCEDURE FOR CONDUCTING INQUIRY AGAINST A MEMBER OF APPROPRIATE COMMISSION RULES, 2004 1. Short title and commencement 2. Definitions 3. Procedure for conducting inquiry
THE PROCEDURE FOR HOLDING INQUIRY BY ADJUDICATING OFFICER RULES, 2004 1.. Short title and commencement . t 2. Definitions 3. Procedure for holding Inquiry by adjudicating officer
THE APPELLATE TRIBUNAL FOR ELECTRICITY SAURY, ALLOWANCES AND OTHER CONDITIONS OF SERVICE OF THE OFFICERS AND EMPLOYEES RULES, 2004 1. Short title and commencement 2. implication 3. Number of posts, classification and scale of pay 4. Method of recruitment, age limit and other qualifications etc. Disqualification Power to relax Saving Other conditions of service SCHEDULE
THE INTIMATION OF ACCIDENTS (FORM AND TIME OF SERVICE OF NOTICE) RULES, 2005 1. Short title and commencement 2. Definitions 3. Intimation of accidents FORM A.—Form for Reporting Electrical Accidents
1. 2. 3. 4. 5. 6.
THE FORUM OF REGUUTORS RULES, 2005 Short title and commencement Definitions Constitution of the Forum Functions of the Forum Finances of the Forum Meetings of the Forum

7. AnnualReport
THE NATIONAL LOAD DESPATCH CENTRE RULES, 2005 1. Short title and commencement 2. Definitions

3. Constitution of National Load Despatch Centre . . . 115 4. Functions of National Load Despatch Centre . . • 115
THE DISTRIBUTION OF ELECTRICITY LICENCE (ADDITIONAL REQUIREMENTS OF CAPITAL ADEQUACY, CREDITWORTHINESS AND CODE OF CONDUCT) RULES, 2005 1. Short title and commencement " " ' iif 2. Definition ^ . ' ' ' iif 3. Requirements of capital adequacy and creditworthmess . . . lib 4. Requirement of cocle of conduct . . . 116
THE ELECTRICITY (PROCEDURE FOR PREVIOUS PUBLICATION) RULES, 2005 1. Short title and commencement • • " 117 2. Definitions • • ' 3. Procedure of previous publication ' " ' 117 4 . . .^
THE ELECTRICITY (REMOVAL OF DIFFICULTIES) ORDER, 2005 Paragra^^^^^ title and commencement • ■ c 1 r H ' 118
2. Inclusions of measures to control theft in Electricity Supply Code .
THE ELECTRICITY (REMOVAL OF DIFFICULTIES) SECOND ORDER, 2005 1. Short title and commencement • , ' . . " 2. Exemption from payment of surcharge on the sale or supply of electricity THE ELECTRICITY (REMOVAL OF DIFFICULTY) THIRD ORDER, 2005 1. Short title and commencement ^ ^ 2. Disposal of free electricity received by a State Government from hyciro power generating stations
THE ELECTRICITY (REMOVAL OF DIFFICULTY) FOURTH ORDER, 2005 1. Short title and commencement . . . . 2. Supply of electricity by the generating companies to the housing colonies of its operating staff THE ELECTRICITY (REMOVAL OF DIFFICULTY) FIFTH ORDER, 2005 1. Short title and commencement tj j2. Establishment, operation or maintenance of dedicated ^^2 transmission lines
THE ELECTRICITY (REMOVAL OF DIFFICULTY) SIXTH ORDER, 2005 1. Short title and commencement , • , „or^iccion 123 2. Levy and collection of fees and charges for usmg trfinsmission system . THE ELECTRICITY (REMOVAL OF DIFFICULTY) SEVENTH ORDER, 2005 1. Short title and commencement r . 124 2. Supply of electricity to housing colony of sub-station the ELECTRICITY (REMOVAL OF DIFFICULTIES) EIGHTH ORDER, 2005 1 Short title and commencement 2. Supply of electricity at single point by the distribution hce ro-ooerative Group Housing Society . .." , 3. Supply of electricity by distribution licensee at single pom person for his employees
121
THE ELECTRICITY (REMOVAL OF DIFFICULTIES) NINTH ORDER, 2005 Paragraphs 1. Short title and commencement 2. Previous publication of regulations made by the State Commissions 3. Action taken under regulations
Rules

16.
THE WORKS OF LICENSEES RULES, 2006
Short title and commencement Definitions Licensee to carry out works Works affecting streets, railway, tramway, canal or waterway Repairs and works during emergency Procedure for carrying out other works near sewers, pipes or other electric lines or works Alteration of the position of pipes, electric line, etc. Works not repairable by the Appropriate Government, licensee or local authority Procedure for fencing, guarding, lighting and other safety measures relating to works and immediate reinstatement of streets, railways, sewers, drains or trmnels Avoidance of public nuisance, environmental damage and unnecessary damage to the public and private property by such works Manner of deposit of amount for restoration of railways, tramways, waterways etc. Manner of restoration of property affected by such works and maintenance thereof Determination and payment of compensation to affected persons .. Procedure for deposit of compensation payable by the licensee and furnishing of security Determination of dispute or difference by the Appropriate Commission Service of notice etc.
THE QUALIFICATIONS, POWERS AND FUNCTIONS OF CHIEF ELECTRICAL INSPECTOR AND ELECTRICAL INSPECTORS RULES, 2006
Short title and commencement
Definitions Applicability of rules Qualification for Chief Electrical Iiaspector Qualifications for Electrical Inspectors Powers of the Chief Electrical Inspector and Electrical Inspector Powers of entry and inspection Appeals FORM A.—Form of Order
THE APPELLATE TRIBUNAL FOR ELECTRICITY (PROCEDURE, FORM, FEE AND RECORD OF PROCEEDINGS) RULES, 2007 Short title and commencement
Definitions Computation of time period
Forms Format of order or direction or rule Official seal of the Tribunal Custody of the records Sitting hours of the Tribunal

9. Working hours of the Tribunal
10. Calendar
11. Motion cases 12. Power to exempt
13. Power to extend time
CHAPTER II
POWERS OF THE REGISTRAR
14. Powers and functions of the Registrar 15. Power of adjournment 16 Delegation powers of the Chairperson CHAPTER III
INSTITUTION OF PROCEEDINGS/PETITIONS/AFPEALS ETC.
17. Procedure for proceedings 18. Particulars to be set out in the address for service 19. initialling alteration 20. Presentation of appeal or petition 21. Number of copies to be filed 22. Lodging of caveat 23. Endorsement and Verification 24. Translation of document 25. Endorsement and scrutiny of petition or appeal or document 26. Registration of proceedings admitted 27. Ex pnrfc amendments 28. Calling for records 29. Production of authorization for and on behalf of an association 30. Interlocutory applications 31 Procedure on production of defaced, torn or damaged documents CHAPTER IV
CAUSE LIST
32. Preparation and publication of daily cause list 33. Carry forward of cause list and adjournment of cases on accoimt of non-sitting of a Bench CHAPTER V
RECORD OF PROCEEDINGS
34. Diaries
35. Order sheet 36. Maintenance of Court diary 37. Statutes or citations for reference 38. Calling of cases in court 39. Regulation of court work CHAPTER VI MAINTENANCE OF REGISTERS
40. Registers to be maintained 41. Arrangement of records in pending matters 42. Contents of main file 43. Contents of process file 44. Execution file 45. File for miscellaneous applications 46. Destruction of record

CHAPTER VII
SERVICE OF PROCESS/APPEARANCE OF RESPONDENTS AND OBJECTIONS
47. Issue of notice
48. Summons 49. Steps for issue of fresh notice 50. Consequence of failure to take steps for issue of fresh notic( 51. Entries regarding service of notice or process 52. Default of appearance of respondent and consequences 53. Filing of objections by respondent, form and consequences 54. Sitting of vacation Bench and posting of cases CHAPTER VIII
FEE ON PETITION/APPEAL, PROCESS FEE
AND AWARD OF COSTS
55. Fee payable on appeal or petition etc. 56. Award of costs in the proceedings CHAPTER IX
INSPECTION OF RECORD
57. Inspection of the records 58. Grant of inspection 59. Application for grant of inspection 60. Fee payable for inspection 61. Mode of inspection 62. Maintenance of register of inspection CHAPTER X
APPEARANCE OF LEGAL PRACTITIONER
63. Appearance of legal practitioners 64. Nomination or engagement of another legal practitioner 65. Consent for engaging anotlier legal practitioner 66. Restrictions on appearance 67. Form and execution of Vakalatnamn 68. Restriction on party's right to be heard 69. Professional dress for the advocate CHAPTER XI
AFFIDAVITS
70. Title of affidavits 71. Form and contents of the affidavit
72. Persons authorized to attest 73. Affidavits of illiterate, blind persons 74. Identification of deponent
75. Annexures to the affidavit
CHAPTER XII
DISCOVERY, PRODUCTION AND RETURN OF DOCUMENTS 76. Application for production of documents, form of summons . ^ . 77. Siio iJiotti summoning of documents 78. Marking of documents
79. Return and transmission of documents

CHAPTER XIII
EXAMINATION OF WITNESSES AND ISSUE OF COMMISSIONS
Procedure for examination of witnesses, issue of Commissions
Examination in cmiwra
Form of oath or affirmation to witness Form of oath or affirmation to interpreter Officer to administer oath Form recording of deposition Numbering of witnesses Grant of discharge certificate Witness batta payable Records to be furnished to the Commissioner Taking of specimen handwriting, signature etc. CHAPTER XIV
PRONOUNCEMENT OF ORDERS
Order Operative portion of the order Corrections Pronouncement of order Pronouncement of order by any one member of the Bench Authorizing any member to pronounce order Making of entries by Court Master Transmission of order by the Court Master Format of order Indexing of case files after disposal Transmission of files or records or orders Copies of orders in library CHAPTER XV SUPREME COURT ORDERS Register of SLPs/Appeal Placing of Supreme Court orders before Tribunal Registrar to ensure compliance of Supreme Court orders CHAPTER XVI MISCELLANEOUS
Filing through electronic media Removal of difficulties and issue of directions SCHEDULE.-{FEES) u" " i FORM 1.— Memorandum of Appeal Preferred under sub-section 1 and 2 of section 111 of the Electricity Act, 2003. form II.— Petition under sections 121/111 (6) of the Electricity Act, 2003 ' ^ -u i form III.— Interlocutory Application before the Appellate Tribunal for Electricity FORM IV.— Memorandum of Caveat form V • . • form VI:—Form of Vnkalntnama form VII . . : form Vin.—Certification when deponent is unacquaintgp witn the language of the affidavit or is blind or illiterate
form IX FORMX . form XL—Certificate of Discharge
form XII