Section List

36/2003 - The Electricity Act, 2003 ▶

Act Number: 36

Act Name: The Electricity Act, 2003

Year: 2003

Enactment Date: 2003-05-26

Long Title: 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.

Ministry: Ministry of Power

Department:

Section Number	Title	Actions
1	Short title, extent and commencement.
2	Definitions.
3	National Electricity Policy and Plan.
4	National policy on stand alone systems for rural areas and non-conventional energy systems.
5	National policy on electrification and local distribution in rural areas.
6	Joint responsibility of State Government and Central Government in rural electrification.
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.
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.
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.
30	Transmission within a State.
31	Constitution of State Load Despatch Centres.
32	Functions of State Load Despatch Centres.
33	Compliance of directions.
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.
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.
52	Provisions with respect to electricity trader.
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.
57	Standards of performance of licensee.
58	Different standards of performance by licensee.
59	Information with respect to levels of performance.
60	Market domination.
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.
67	Provision as to opening up of streets, railways, etc.
68	Overhead lines.
69	Notice to telegraph 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.
74	Power to require statistics and returns.
75	Directions by Central Government to Authority.
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.
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.
89	Term of office and conditions of service of Members.
90	Removal of Member.
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.
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.
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 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.
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.
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.
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.
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.
158	Arbitration.
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.
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.
117A	Qualifications, terms and conditions of service of Chairperson and Member.