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The Electricity Act, 2003

Central

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.

Act number
36 of 2003
Ministry
Ministry of Power
Enacted
26 May 2003

Source: IndiaCode Portal, Legislative Department, Ministry of Law and Justice, Government of India. Open on India Code Check against the official text before relying on it.

188 sections

  1. Section 1Short title, extent and commencement.
  2. Section 2Definitions.
  3. Section 3National Electricity Policy and Plan.
  4. Section 4National policy on stand alone systems for rural areas and non-conventional energy systems.
  5. Section 5National policy on electrification and local distribution in rural areas.
  6. Section 6Joint responsibility of State Government and Central Government in rural electrification.
  7. Section 7Generating company and requirement for setting up of generating station.
  8. Section 8Hydro-electric generation.
  9. Section 9Captive generation.
  10. Section 10Duties of generating companies.
  11. Section 11Directions to generating companies.
  12. Section 12Authorised persons to transmit, supply, etc., electricity.
  13. Section 13Power to exempt.
  14. Section 14Grant of licence.
  15. Section 15Procedure for grant of licence.
  16. Section 16Conditions of licence.
  17. Section 17Licensee not to do certain things.
  18. Section 18Amendment of licence.
  19. Section 19Revocation of licence.
  20. Section 20Sale of utilities of licensees.
  21. Section 21Vesting of utility in purchaser.
  22. Section 22Provisions where no purchase takes place.
  23. Section 23Directions to licensees.
  24. Section 24Suspension of distribution licence and sale of utility.
  25. Section 25Inter-State, regional and inter-regional transmission.
  26. Section 26National Load Despatch Centre.
  27. Section 27Constitution of Regional Load Despatch Centre.
  28. Section 28Functions of Regional Load Despatch Centre.
  29. Section 29Compliance of directions.
  30. Section 30Transmission within a State.
  31. Section 31Constitution of State Load Despatch Centres.
  32. Section 32Functions of State Load Despatch Centres.
  33. Section 33Compliance of directions.
  34. Section 34Grid Standards.
  35. Section 35Intervening transmission facilities.
  36. Section 36Charges for intervening transmission facilities.
  37. Section 37Directions by Appropriate Government.
  38. Section 38Central Transmission Utility and functions.
  39. Section 39State Transmission Utility and functions.
  40. Section 40Duties of transmission licensees.
  41. Section 41Other business of transmission licensee.
  42. Section 42Duties of distribution licensee and open access.
  43. Section 43Duty to supply on request.
  44. Section 44Exceptions from duty to supply electricity.
  45. Section 45Power to recover charges.
  46. Section 46Power to recover expenditure.
  47. Section 47Power to require security.
  48. Section 48Additional terms of supply.
  49. Section 49Agreements with respect to supply or purchase of electricity.
  50. Section 50The Electricity supply code.
  51. Section 51Other businesses of distribution licensees.
  52. Section 52Provisions with respect to electricity trader.
  53. Section 53Provision relating to safety and electricity supply.
  54. Section 54Control of transmission and use of electricity.
  55. Section 55Use, etc., of meters.
  56. Section 56Disconnection of supply in default of payment.
  57. Section 57Standards of performance of licensee.
  58. Section 58Different standards of performance by licensee.
  59. Section 59Information with respect to levels of performance.
  60. Section 60Market domination.
  61. Section 61Tariff regulations.
  62. Section 62Determination of tariff.
  63. Section 63Determination of tariff by bidding process.
  64. Section 64Procedure for tariff order.
  65. Section 65Provision of subsidy by State Government.
  66. Section 66Development of market.
  67. Section 67Provision as to opening up of streets, railways, etc.
  68. Section 68Overhead lines.
  69. Section 69Notice to telegraph authority.
  70. Section 70Constitution, etc., of Central Electricity Authority.
  71. Section 71Members not to have certain interest.
  72. Section 72Officers and staff of Authority.
  73. Section 73Functions and duties of Authority.
  74. Section 74Power to require statistics and returns.
  75. Section 75Directions by Central Government to Authority.
  76. Section 76Constitution of Central Commission.
  77. Section 77Qualifications for appointment of Members of Central Commission.
  78. Section 78Constitution of Selection Committee to recommend Members.
  79. Section 79Functions of Central Commission.
  80. Section 80Central Advisory Committee.
  81. Section 81Objects of Central Advisory Committee.
  82. Section 82Constitution of State Commission.
  83. Section 83Joint Commission.
  84. Section 84Qualifications for appointment of Chairperson and Members of State Commission.
  85. Section 85Constitution of Selection Committee to select Members of State Commission.
  86. Section 86Functions of State Commission.
  87. Section 87State Advisory Committee.
  88. Section 88Objects of State Advisory Committee.
  89. Section 89Term of office and conditions of service of Members.
  90. Section 90Removal of Member.
  91. Section 91Secretary, officers and other employees of Appropriate Commission.
  92. Section 92Proceedings of Appropriate Commission.
  93. Section 93Vacancies, etc., not to invalidate proceedings.
  94. Section 94Powers of Appropriate Commission.
  95. Section 95Proceedings before Commission.
  96. Section 96Powers of entry and seizure.
  97. Section 97Delegation.
  98. Section 98Grants and loans by Central Government.
  99. Section 99Establishment of Fund by Central Government.
  100. Section 100Accounts and audit of Central Commission.
  101. Section 101Annual report of Central Commission.
  102. Section 102Grants and Loans by State Government.
  103. Section 103Establishment of Fund by State Government.
  104. Section 104Accounts and audit of State Commission.
  105. Section 105Annual report of State Commission.
  106. Section 106Budget of Appropriate Commission.
  107. Section 107Directions by Central Government.
  108. Section 108Directions by State Government.
  109. Section 109Directions to Joint Commission.
  110. Section 110Establishment of Appellate Tribunal.
  111. Section 111Appeal to Appellate Tribunal.
  112. Section 112Composition of Appellate Tribunal.
  113. Section 113Qualifications for appointment of Chairperson and Member of Appellate Tribunal.
  114. Section 114Term of office.
  115. Section 115Terms and conditions of service.
  116. Section 116Vacancies.
  117. Section 117Resignation and removal.
  118. Section 117AQualifications, terms and conditions of service of Chairperson and Member.
  119. Section 118Member to act as Chairperson in certain circumstances.
  120. Section 119Officers and other employees of Appellate Tribunal.
  121. Section 120Procedure and powers of Appellate Tribunal.
  122. Section 121Power of Appellate Tribunal.
  123. Section 122Distribution of business amongst Benches and transfer of cases from one Bench to another Bench.
  124. Section 123Decision to be by majority.
  125. Section 124Right of appellant to take assistance of legal practitioner and of Appropriate Commission to appoint presenting officers.
  126. Section 125Appeal to Supreme Court.
  127. Section 126Assessment.
  128. Section 127Appeal to Appellate Authority.
  129. Section 128Investigation of certain matters.
  130. Section 129Orders for securing compliance.
  131. Section 130Procedure for issuing directions by Appropriate Commission.
  132. Section 131Vesting of property of Board in State Government.
  133. Section 132Use of proceeds of sale or transfer of Board, etc.
  134. Section 133Provisions relating to officers and employees.
  135. Section 134Payment of compensation or damages on transfer.
  136. Section 135Theft of Electricity.
  137. Section 136Theft of electric lines and materials.
  138. Section 137Punishment for receiving stolen property.
  139. Section 138Interference with meters or works of licensee.
  140. Section 139Negligently breaking or damaging works.
  141. Section 140Penalty for intentionally injuring works.
  142. Section 141Omitted.
  143. Section 142Punishment for non-compliance of directions by Appropriate Commission.
  144. Section 143Power to adjudicate.
  145. Section 144Factors to be taken into account by adjudicating officer.
  146. Section 145Civil courts not to have jurisdiction.
  147. Section 146Punishment for non-compliance of orders or directions.
  148. Section 147Penalties not to affect other liabilities.
  149. Section 148Penalty where works belong to Government.
  150. Section 149Offences by companies.
  151. Section 150Abetment.
  152. Section 151Cognizance of offences.
  153. Section 151APower of police to investigate.
  154. Section 151BCertain offences to be cognizable and non-bailable.
  155. Section 152Compounding of offences.
  156. Section 153Constitution of Special Courts.
  157. Section 154Procedure and power of Special Court.
  158. Section 155Special Court to have powers of Court of Session.
  159. Section 156Appeal and revision.
  160. Section 157Review.
  161. Section 158Arbitration.
  162. Section 159Protection of railways, highways, airports and canals, docks, wharfs and piers.
  163. Section 160Protection of telegraphic, telephonic and electric signalling lines.
  164. Section 161Notice of accidents and injuries.
  165. Section 162Appointment of Chief Electrical Inspector and Electrical Inspector.
  166. Section 163Power for licensee to enter premises and to remove fittings or other apparatus of licensee.
  167. Section 164Exercise of powers of Telegraph Authority in certain cases.
  168. Section 165Amendment of sections 40 and 41 of Act 1 of 1894.
  169. Section 166Coordination forum.
  170. Section 167Exemption of electric lines or electrical plants from attachment in certain cases.
  171. Section 168Protection of action taken in good faith.
  172. Section 169Members, officers, etc., of Appellate Tribunal, Appropriate Commission to be public servants.
  173. Section 170Recovery of penalty payable under this Act.
  174. Section 171Services of notices, orders or documents.
  175. Section 172Transitional provisions.
  176. Section 173Inconsistency in laws.
  177. Section 174Act to have overriding effect.
  178. Section 175Provisions of this Act to be in addition to and not in derogation of other laws.
  179. Section 176Power of Central Government to make rules.
  180. Section 177Powers of Authority to make regulations.
  181. Section 178Powers of Central Commission to make regulations.
  182. Section 179Rules and regulations to be laid before Parliament.
  183. Section 180Powers of State Governments to make rules.
  184. Section 181Powers of State Commissions to make regulations.
  185. Section 182Rules and regulations to be laid before State Legislature.
  186. Section 183Power to remove difficulties.
  187. Section 184Provisions of Act not apply in certain cases.
  188. Section 185Repeal and saving.