THE ELECTRICITY ACT , 2003

1 · . (1) This Act may be called the Electricity Act , 2003 .

2 · . In this Act , unless the context otherwise requires ,

1 · of 1956

1 · of 1956

9 · of 1910 54 of 1948 14 of 1998

3 · . (1) The Central Government shall , from time to time , prepare the national electricity policy and tariff policy , in consultation with the State Governments and the Authority for development of the power system based on optimal utilisation of resources such as coal , natural gas , nuclear substances or materials , hydro and renewable sources of energy .

4 · . The Central Government shall , after consultation with the State Governments , prepare and notify a national policy , permitting stand alone systems (including those based on renewable sources of energy and non-conventional sources of energy ) for rural areas .

5 · . The Central Government shall also formulate a national policy , in consultation w ith the State Governments and the State Commissions , for rural electrification and for bulk purchase of power and management of local distribution in rural areas through Panchayat Institutions , users ' associations , co-operative socities , nonGovernmental organisations or franchisees .

6 · . The Appropriate Government shall endeavour to supply electricity to all areas including villages and hamlets .

7 · . Any generating company may establish , operate and maintain a generating station without obtaining a licence under this Act if it complies with the technical standards relating to connectivity with the grid referred to in clause (b) of section 73 .

8 · . (1) Notwithstanding anything contained in section 7 , any generating company intending to set-up a hydro-generating station shall prepare and submit to the Authority for its concurrence , a scheme estimated to involve a capital expenditure exceeding such sum , as may be fixed by the Central Government , from time to time , by notification .

9 · . (1) Notwithstanding anything contained in this Act , a person may construct , maintain or operate a captive generating plant and dedicated transmission lines:

10 · . (1) Subject to the provisions of this Act , the duties of a generating company shall be to establish , operate and maintain generating stations , tie -lines , sub -stations and dedicated transmission lines connected therewith in accordance w ith the provisions of this Act or the rules or regulations made thereunder .

14 · of 1948

13 · . The Appropriate Commission may , on the recommendations , of the Appropriate Government , in accordance with the national policy formulated under section 5 and in public interest , direct , by notification that subject to such conditions and restrictions , if any , and for such period or periods , as may be specified in the notification , the provisions of section 12 shall not apply to any local authority , Panchayat Institution , users ' association , co-operative societies , nongovernmental organizations , or franchisees:

14 · . The Appropriate Commission may , on application made to it under section 15 , grant any person licence to any person -

15 · . (1) Every application under section 14 shall be made in such form and in such manner as may be specified by the Appropriate Commission and shall be accompanied by such fee as may be prescribed .

16 · . The Appropriate Commission may specify any general or specific conditions which shall apply either to a licensee or class of licensees and such conditions shall be deemed to be conditions of such licence:

17 · . (1) No licensee shall , w ithout prior approval of the Appropriate Commission , -

20 · . (1) Where the Appropriate Commission revokes under section 19 the licence of any licensee , the following provisions shall apply , namely:-

21 · . Where a utility is sold under section 20 or section 24 , then , upon completion of the sale or on the date on which the utility is delivered to the intending purchaser , as the case may be , w hichever is earlier -

22 · . (1) If the utility is not sold in the manner provided under section 20 or section 24 , the Appropriate Commission may , to protect the interest of consumers or in public interest , issue such directions or formulate such scheme as it may deem necessary for operation of the utility .

23 · . If the Appropriate Commission is of the opinion that it is necessary or expedient so to do for maintaining the efficient supply , securing the equitable distribution of electricity and promoting competition , it may , by order , provide for regulating supply , distribution , consumption or use thereof .

24 · . (1) If at any time the Appropriate Commission is of the opinion that a distribution licensee –

25 · . For the purposes of this Part , the Central Government may , make regionw ise demarcation of the country , and , from time to time , make such modifications therein as it may consider necessary for the efficient , economical and integrated transmission and supply of electricity , and in particular to facilitate voluntary interconnections and co -ordination of facilities for the inter -State , regional and interregional generation and transmission of electricity .

26 · . (1) The Central Government may establish a centre at the national level , to be known as the National Load Despatch Centre for optimum scheduling and despatch of electricity among the Regional Load Despatch Centres .

27 · . (1) The Central Government shall establish a centre for each region to be known as the Regional Load Despatch Centre having territorial jurisdiction as determined by the Central Government in accordance with section 25 for the purposes of exercising the powers and discharging the power and discharging the functions under this Part .

28 · . (1) The Regional Load Despatch Centre shall be the apex body to ensure integrated operation of the power system in the concerned region .

29 · . (1) The Regional Load Despatch Centre may give such directions and exercise such supervision and control as may be required for ensuring stability of grid operations and for achieving the maximum economy and efficiency in the operation of the power system in the region under its control .

30 · . The State Commission shall facilitate and promote transmission , w heeling and inter -connection arrangements within its territorial jurisdiction for the transmission and supply of electricity by economical and efficient utilisation of the electricity .

31 · . (1) The State Government shall establish a Centre to be known as the State Load Despatch Centre for the purposes of exercising the powers and discharging the functions under this Part .

32 · . (1) The State Load Despatch Centre shall be the apex body to ensure integrated operation of the power system in a State .

33 · . (1) The State Load Despatch Centre in a State may give such directions and exercise such supervision and control as may be required for ensuring the integrated grid operations and for achieving the maximum economy and efficiency in the operation of power system in that State .

1 · of 1956

34 · . Every transmission licensee shall comply with such technical standards , of operation and maintenance of transmission lines , in accordance with the Grid Standards , as may be specified by the Authority .

35 · . The Appropriate Commission may , on an application by any licensee , by order require any other licensee owning or operating intervening transmission facilities to provide the use of such facilities to the extent of surplus capacity available with such licensee .

36 · . (1) Every licensee shall , on an order made under section 35 , provided his intervening transmission facilities at rates , charges and terms and

37 · . The Appropriate Government may issue directions to the Regional Load Despatch Centres or State Load Despatch Centres , as the case may be , to take such measures as may be necessary for maintaining smooth and stable transmission and supply of electricity to any region or State .

38 · . (1) The Central Government may notify any Government company as the Central Transmission Utility:

39 · . (1) The State Government may notify the Board or a Government company as the State Transmission Utility:

40 · . It shall be the duty of a transmission licensee -

41 · . A transmission licensee may , w ith prior intimation to the Appropriate Commission , engage in any business for optimum utilisation of its assets:

42 · . . (1) It shall be the duty of a distribution licensee to develop and maintain an efficient , co-ordinated and economical distribution system in his area of supply and to supply electricity in accordance with the provisions contained in this Act .

43 · . (1) Every distribution licensee , shall , on an application by the owner or occupier of any premises , give supply of electricity to such premises , w ithin one month after receipt of the application requiring such supply :

44 · . Nothing contained in section 43 shall be taken as requiring a distribution licensee to give supply of electricity to any premises if he is prevented from doing so by cyclone , floods , storms or other occurrences beyond his control .

45 · . (1) Subject to the provisions of this section , the prices to be charged by a distribution licensee for the supply of electricity by him in pursuance of section 43 shall be in accordance with such tariffs fixed from time to time and conditions of his licence .

46 · . The State Commission may , by regulations , authorise a distribution licensee to charge from a person requiring a supply of electricity in pursuance of section 43 any expenses reasonably incurred in providing any electric line or electrical plant used for the purpose of giving that supply .

49 · . Where the Appropriate Commission has allowed open access to certain consumers under section 42 , such consumers notwithstanding the provisions contained in clause (d) of sub-section (1) of section 62 , may enter into an agreement with any person for supply or purchase of electricity on such terms and conditions (including tariff) as may be agreed upon by them .

50 · . The State Commission shall specify an Electricity Supply Code to provide for recovery of electricity charges , intervals for billing of electricity charges disconnection of supply of electricity for non-payment thereof; restoration of supply of electricity; tampering , distress or damage to electrical plant , electric lines or meter , entry of distribution licensee or any person acting on his behalf for disconnecting supply and removing the meter; entry for replacing , altering or maintaining electric lines or electrical plant or meter .

51 · . (1) A distribution licensee may , w ith prior intimation to the Appropriate Commission , engage in any other business for optimum utilisation of its assets:

52 · . (1) Without prejudice to the provisions contained in clause (c) of section 12 , the Appropriate Commission may , specify the technical requirement , capital adequacy requirement and credit worthiness for being an electricity trader .

53 · . (1) The Authority may in consultation with the State Government , specify suitable measures for –

54 · . (1) Save as otherwise exempted under this Act , no person other than Central Transmission Utility or a State Transmission Utility , or a licensee shall transmit or use electricity at a rate exceeding two hundred and fifty watts and one hundred volts –

55 · . (1) No licensee shall supply electricity , after the expiry of two years from the appointed date , except through installation of a correct meter in accordance with regulations to be made in this behalf by the Authority:

63 · of 1948 . 35 of 1952 .

24 · of 1989

56 · . (1) Where any person neglects to pay any charge for electricity or any sum other than a charge for electricity due from him to a licensee or the generating company in respect of supply , transmission or distribution or wheeling of electricity to him , the licensee or the generating company may , after giving not less than fifteen clear days notice in writing , to such person and without prejudice to his rights to recover such charge or other sum by suit , cut off the supply of electricity and for that purpose cut or disconnect any electric supply line or other works being the property of such licensee or the generating company through which electricity may have been supplied , transmitted , distributed or wheeled and may discontinue the supply until such charge or other sum , together with any expenses incurred by him in cutting off and reconnecting the supply , are paid , but no longer:

57 · . (1) The Appropriate Commission may , after consultation with the licensees and persons likely to be affected , specify standards of performance of a licensee or a class of licensees .

58 · . The Appropriate Commission may specify different standards under subsection (1) of section 57 for a class or classes of licensee .

59 · . (1) Every licensee shall , w ithin the period specified by the Appropriate Commission , furnish to the Commission the following information , namely:-

54 · of 1948

14 · of 1998

60 · . The Appropriate Commission may such issue directions as it considers appropriate to a licensee or a generating company if such licensee or generating company enters into any agreement or abuses its dominant position or enters into a combination which is likely to cause or causes an adverse effect on competition in electricity industry .

62 · . (1) The Appropriate Commission shall determine the tariff in accordance with provisions of this Act for –

63 · . Notwithstanding anything contained in section 62 , the Appropriate Commission shall adopt the tariff if such tariff has been determined through transparent process of bidding in accordance with the guidelines issued by the Central Government .

64 · . (1) An application for determination of tariff under section 62 shall be made by a generating company or licensee in such manner and accompanied by such fee , as may be determined by regulations .

65 · . If the State Government requires the grant of any subsidy to any consumer or class of consumers in the tariff determined by the State Commission under section 62 , the State Government shall , notwithstanding any direction which may be given under section 108 , pay , w ithin in advance in the manner as may be specified , by the State Commission the amount to compensate the person affected by the grant of subsidy in the manner the State Commission may direct , as a condition for the licence or any other person concerned to implement the subsidy provided for by the State Government:

66 · . The Appropriate Commission shall endeavour to promote the development of a market (including trading) in power in such manner as may be specified and shall be guided by the National Electricity Policy referred to in section 3 in this regard . .

67 · . (1) A licensee may , from time to time but subject always to the terms and conditions of his licence , w ithin his area of supply or transmission or w hen permitted by the terms of his licence to lay down or place electric supply lines without the area of supply , w ithout that area carry out works such as -

69 · . (1) A licensee shall , before laying down or placing , w ithin ten meters of any telegraph line , electric line , electrical plant or other works , not being either service lines , or electric lines or electrical plant , for the repair , renewal or amendment of existing works of which the character or position is not to be altered , -

54 · of 1948 .

71 · . No Member of the Authority shall have any share or interest , w hether in his own name or otherwise , in any company or other body corporate or an association of persons (whether incorporated or not) , or a firm engaged in the business of generation , transmission , distribution and trading of electricity or fuel for the generation thereof or in the manufacture of electrical equipment .

73 · . The Authority shall perform such functions and duties as the Central Government may prescribe or direct , and in particular to -

14 · of 1998 .

74 · . It shall be the duty of every licensee , generating company or person generating electricity for its or his own use to furnish to the Authority such statistics , returns or other information relating to generation , transmission , distribution , trading and use of electricity as it may require and at such times and .

75 · . (1) In the discharge of its functions , the Authority shall be guided by such directions in matters of policy involving public interest as the Central .

76 · . (1) There shall be a Commission to be known as the Central Electricity Regulatory Commission to exercise the powers conferred on , and discharge the functions assigned to , it under this Act .

77 · . (1) The Chairperson and the Members of the Central Commission shall be persons having adequate knowledge of , or experience in , or shown capacity in , dealing with , problems relating to engineering , law , economics , commerce , finance or , management and shall be appointed in the following manner , namely:-

1 · of 1956

78 · . (1) The Central Government shall , for the purposes of selecting the Members of the Appellate Tribunal and the Chairperson and Members of the Central Commission , constitute a Selection Committee consisting of –

14 · of 1998

80 · (1) The Central Commission may , by notification , establish with effect from such date as it may specify in such notification , a Committee to be known as the Central Advisory Committee .

81 · . Central Commission on: --

82 · . (1) Every State Government shall , w ithin six months from the appointed date , by notification , constitute for the purposes of this Act , a Commission for the State to be known as the (name of the State) Electricity Regulatory Commission:

14 · of 1998

83 · . (1) Notwithstanding anything to the contrary contained in section 82 , a Joint Commission may be constituted by an agreement to be entered into -

84 · . (1) The Chairperson and the Members of the State Commission shall be persons of ability , integrity and standing who have adequate knowledge of , and have shown capacity in , dealing with problems relating to engineering , finance , commerce , economics , law or management .

85 · . (1) The State Government shall , for the purposes of selecting the Members of the State Commission , constitute a Selection Committee consisting of –

86 · . (1) The State Commission shall discharge the following functions , namely: -

87 · . (1) The State Commission may , by notification , establish with effect from such date as it may specify in such notification , a Committee to be known as the State Advisory Committee .

88 · . The objects of the State Advisory Committee shall be to advise the Commission on –

89 · . (1) The Chairperson or other Member shall hold office for a term of five years from the date he enters upon his office;

91 · . (1) The Appropriate Commission may appoint a Secretary to exercise such powers and perform such duties as may be specified .

92 · . (1) The Appropriate Commission shall meet at the head office or any other place at such time as the Chairperson may direct , and shall observe such rules of procedure in regard to the transaction of business at its meetings (including the quorum at its meetings) as it may specify .

93 · . No act or proceedings of the Appropriate Commission shall be questioned or shall be invalidated merely on the ground of existence of any vacancy or defect in the constitution of the Appropriate Commission .

94 · . (1) The Appropriate Commission shall , for the purposes of any inquiry or proceedings under this Act , have the same powers as are vested in a civil court under the Code of Civil Procedure , 1908 in respect of the following matters , namely: -

5 · of 1908

5 · of 1908 .

45 · of 1860 . 2 of 1974 .

2 · of 1974

95 · . All proceedings before the Appropriate Commission shall be deemed to be judicial proceedings within the meaning of sections 193 and 228 of the Indian Penal Code and the Appropriate Commission shall be deemed to be a civil court for the purposes of sections 345 and 346 of the Code of Criminal Procedure , 1973 .

96 · . The Appropriate Commission or any officer , not below the rank of a Gazetted Officer specially authorised in this behalf by the Commission , may enter any building or place where the Commission has reason to believe that any document relating to the subject matter of the inquiry may be found , and may seize any such document or take extracts or copies therefrom subject to the provisions of section 100 of the Code of Criminal Procedure , 1973 , insofar as it may be applicable .

97 · . The Appropriate Commission may , by general or special order in writing , delegate to any Member , Secretary officer of the Appropriate Commission or any other person subject to such conditions , if any , as may be specified in the order , such of its powers and functions under this Act (except the powers to adjudicate disputes under Section 79 and Section 86 and the powers to make regulations under section 178 or section 181) as it may deem necessary .

98 · . The Central Government may , after due appropriation made by Parliament in this behalf , make to the Central Commission grants and loans of such sums of money as that Government may consider necessary .

99 · . (1) There shall be constituted a Fund to be called the Central Electricity Regulatory Commission Fund and there shall be credited thereto-

100 · . (1) The Central Commission shall maintain proper accounts and other relevant records and prepare an annual statement of accounts in such form as may be prescribed by the Central Government in consultation with the Comptroller and Auditor -General of India .

101 · . (1) The Central Commission shall prepare once every year , in such form and at such time as may be prescribed , an annual report giving a summary of its activities during the previous year and copies of the report shall be forwarded to the Central Government .

102 · . The State Government may , after due appropriation made by Legislature of a State in this behalf , make to the State Commission grants and loans of such sums of money as that Government may consider necessary .

103 · . (1) There shall be constituted a Fund to be called the State Electricity Regulatory Commission fund and there shall be credited thereto-

104 · . (1) The State Commission shall maintain proper accounts and other relevant records and prepare annual statement of accounts in such forms as may be prescribed by the State Government in consultation with the Comptroller and Auditor -General of India .

105 · . (1) The State Commission shall prepare once every year in such form and at such time as may be prescribed , an annual report giving a summary of its activities during the previous year and copies of the report shall be forwarded to the State Government .

106 · . The Appropriate Commission shall prepare , in such form and at such time in each financial year as may be prescribed , its budget for the next financial year , showing the estimated receipts and expenditure of that Commission and forward the same to the Appropriate Government .

107 · . (1) In the discharge of its functions , the Central Commission shall be guided by such directions in matters of policy involving public interest as the Central Government may give to it in writing .

108 · . (1) In the discharge of its functions , the State Commission shall be guided by such directions in matters of policy involving public interest as the State Government may give to it in writing .

109 · . Notwithstanding anything contained in this Act , w here any Joint Commission is established under section 83 –

110 · . The Central Government shall , by notification , establish an Appellate Tribunal to be known as the Appellate Tribunal for Electricity to hear appeals against the orders of the adjudicating officer or the Appropriate Commission under this Act .

111 · . (1) Any person aggrieved by an order made by an adjudicating officer under this Act (except under section 127) or an order made by the Appropriate Commission under this Act may prefer an appeal to the Appellate Tribunal for Electricity:

112 · . (1) The Appellate Tribunal shall consist of a Chairperson and three other Members .

113 · . (1) A person shall not be qualified for appointment as the Chairperson of the Appellate Tribunal or a Member of the Appellate Tribunal unless he -

114 · . The Chairperson of the Appellate Tribunal or a Member of the Appellate

115 · . The salary and allowances payable to , and the other terms and conditions of service of , the Chairperson of the Appellate Tribunal and Members of the Appellate Tribunal shall be such as may be prescribed by the Central Government :

116 · . If , for reason other than temporary absence , any vacancy occurs in the office of the Chairperson of the Appellate Tribunal or a Member of the Appellate Tribunal , the Central Government shall appoint another person in accordance with the provisions of this Act to fill the vacancy and the proceedings may be continued before the Appellate Tribunal from the stage at which the vacancy is filled .

117 · . (1) The Chairperson of the Appellate Tribunal or a Member of the Appellate Tribunal may , by notice in writing under his hand addressed to the Central Government , resign his office:

45 · of 1860 .

118 · . (1) In the event of the occurrence of any vacancy in the office of the Chairperson of the Appellate Tribunal by reason of his death , resignation or otherwise , the senior -most Member of the Appellate Tribunal shall act as the Chairperson of the Appellate Tribunal until the date on which a new Chairperson , appointed in accordance with the provisions of this Act to fill such vacancy , enters upon his office .

119 · . (1) The Central Government shall provide the Appellate Tribunal w ith such officers and other employees as it may deem fit .

120 · . (1) The Appellate Tribunal shall not be bound by the procedure laid down by the Code of Civil Procedure , 1908 , but shall be guided by the principles of natural justice and , subject to the other provisions of this Act , the Appellate Tribunal shall have powers to regulate its own procedure .

5 · of 1908

5 · of 1908

1 · of 1872

2 · of 1974 .

121 · . The Chairperson of the Appellate Tribunal shall exercise general power of super-intendance and control over the Appropriate Commission .

122 · . (1) Where Benches are constituted , the Chairperson of the Appellate Tribunal may , from time to time , by notification , make provisions as to the distribution of the business of the Appellate Tribunal amongst the Benches and also provide for the matters which may be dealt with by each Bench .

123 · . If the Members of the Appellate Tribunal of a Bench consisting of two Members differ in opinion on any point , they shall state the point or points on w hich they differ , and make a reference to the Chairperson of the Appellate Tribunal who shall either hear the point or points himself or refer the case for hearing on such point or points by one or more of the other Members of the Appellate Tribunal and such point or points shall be decided according to the opinion of the majority of the Members of the Appellate Tribunal who have heard the case , including those who first heard it .

124 · . (1) A person preferring an appeal to the Appellate Tribunal under this Act may either appear in person or take the assistance of a legal practitioner of his choice to present his case before the Appellate Tribunal , as the case may be .

125 · . Any person aggrieved by any decision or order of the Appellate Tribunal , may , file an appeal to the Supreme Court within sixty days from the date of communication of the decision or order of the Appellate Tribunal , to him , on any one or more of the grounds specified in section 100 of the Code of Civil Procedure , 1908:

126 · (1) If on an inspection of any place or premises or after inspection of the equipments , gadgets , machines , devices found connected or used , or after inspection of records maintained by any person , the assessing officer comes to the conclusion that such person is indulging in unauthorized use of electricity , he shall provisionally assess to the best of his judgement the electricity charges payable by such person or by any other person benefited by such use .

5 · of 1908

127 · . (1) Any person aggrieved by a final order made under section 126 may , w ithin thirty days of the said order , prefer an appeal in such form , verified in such manner and be accompanied by such fee as may be specified by the State Commission , to an appellate authority as may be prescribed .

128 · . (1) The Appropriate Commission may , on being satisfied that a licensee has failed to comply with any of the conditions of licence or a generating company or a licensee has failed to comply with any of the provisions of this Act or rules or regulations made thereunder , at any time , by order in writing , direct any person (hereafter in this section referred to as " Investigating Authority" y" ) specified in the order to investigate the affairs of any generating company or licensee and to report to that Commission on any investigation made by such Investigating Authority:

129 · (1) Where the Appropriate Commission , on the basis of material in its possession , is satisfied that a licensee is contravening , or is likely to contravene , any of the conditions mentioned in his licence or conditions for grant of exemption or the licensee or the generating company has contravened or is likely to contravene any of the provisions of this Act , it shall , by an order , give such directions as may be necessary for the purpose of securing compliance with that condition or provision .

130 · . The Appropriate Commission , before issuing any direction under section 129 , shall --

131 · . (1) With effect from the date on which a transfer scheme , prepared by the State Government to give effect to the objects and purposes of this Act , is published or such further date as may be stipulated by the State Government (hereafter in this Part referred to as the effective date) , any property , interest in property , rights and liabilities which immediately before the effective date belonged to the State Electricity Board (hereafter referred to as the Board) shall vest in the State Government on such terms as may be agreed between the State Government and the Board .

132 · . In the event that a Board or any utility owned or controlled by the Appropriate Government is sold or transferred in any manner to a person who is not owned or controlled by the Appropriate Government , the proceeds from such sale or transfer shall be utilised in priority to all other dues in the following order , namely :-

1 · of 1956

1 · of 1956

133 · . (1) The State Government may , by a transfer scheme , provide for the transfer of the officers and employees to the transferee on the vesting of properties , rights and liabilities in such transferee as provided under section 131 .

134 · . Notwithstanding anything contained in the Industrial Disputes Act , 1947 or any other law for the time being in force and except for the provisions made in this Act , the transfer of the employment of the officers and employees referred to in sub -section (1) of section 133 shall not entitle such officers and employees to any compensation or damages under this Act , or any other Central or State law , save as provided in the transfer scheme .

14 · of 1947

2 · of 1974

137 · . Whoever , dishonestly receives any stolen electric lines or materials knowing or having reasons to believe the same to be stolen property , shall be punishable with imprisonment of either description for a term which may extend to three years or with fine or with both .

138 · . (1) Whoever , -

139 · . Whoever , negligently causes electricity to be wasted or diverted or negligently breaks , injures , throws down or damages any material connected with the supply of electricity , shall be punishable with fine which may extend to ten thousand rupees .

140 · . Whoever , maliciously causes electricity to be wasted or diverted , or , w ith intent to cut off the supply of electricity , cuts or injures , or attempts to cut or injure , any electric supply line or works , shall be punishable with fine which may extend to ten thousand rupees

141 · . Whoever , maliciously extinguishes any public lamp shall be punishable w ith fine which may be extend to two thousand rupees .

142 · . In case any complaint is filed before the Appropriate Commission by any person or if that Commission is satisfied that any person has contravened any provisions of this Act or rules or regulations made thereunder , or any direction issued by the Commission , the Appropriate Commission may after giving such person an opportunity of being heard in the matter , by order in writing , direct that , w ithout prejudice to any other penalty to which he may be liable under this Act , such person shall pay , by way of penalty , w hich shall not exceed one lakh rupees for each contravention and in case of a continuing failure with an additional penalty which may extend to six thousand rupees for every day during which the failure continues after contravention of the first such direction .

143 · (1) For the purpose of adjudging under this Act , the Appropriate Commission shall appoint any of its Members to be an adjudicating officer for holding an inquiry in such manner as may be prescribed by the Appropriate Government , after giving any person concerned a reasonable opportunity of being heard for the purpose of imposing any penalty .

144 · . While adjudicating the quantum of penalty under section 29 or section 33 or section 43 , the adjudicating officer shall have due regard to the following factors , namely:-

145 · . No civil court shall have jurisdiction to entertain any suit or proceeding in respect of any matter which an assessing officer referred to in section 126 or an appellate authority referred to in section 127 or the adjudicating officer appointed under this Act is empowered by or under this Act to determine and no injunction shall be granted by any court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this Act .

146 · . Whoever , fails to comply with any order or direction given under this Act , w ithin such time as may be specified in the said order or direction or contravenes or attempts or abets the contravention of any of the provisions of this Act or any rules or regulations made thereunder , shall be punishable with imprisonment for a term which may extend to three months or with fine , w hich may extend to one lakh rupees , or with both in respect of each offence and in the case of a continuing failure , w ith an additional fine which may extend to five thousand rupees for every day during which the failure continues after conviction of the first such offence .

147 · . The penalties imposed under this Act shall be in addition to , and not in derogation of , any liability in respect of payment of compensation or , in the case of a licensee , the revocation of his licence which the offender may have incurred .

148 · . The provisions of this Act shall , so far as they are applicable , be deemed to apply also when the acts made punishable thereunder are committed in the case of electricity supplied by or of works belonging to the Appropriate Government .

149 · . (1) Where an offence under this Act has been committed by a company , every person who at the time the offence was committed was in charge of and was responsible to the company for the conduct of the business of the company , as well as the company shall be deemed to be guilty of having committed the offence and shall be liable to be proceeded against and punished accordingly:

2 · of 1974 .

151 · . No court shall take cognizance of an offence punishable under this Act except upon a complaint in writing made by Appropriate Government or Appropriate Commission or any of their officer authorized by them or a Chief Electrical Inspector or an Electrical Inspector or licensee or the generating company , as the case may be , for this purpose .

152 · . (1)Notwithstanding anything contained in the Code of Criminal Procedure 1973 , the Appropriate Government or any officer authorized by it in this behalf may accept from any consumer or person who committed or who is reasonably suspected of having committed an offence of theft of electricity punishable under this Act , a sum of money by way of compounding of the offence as specified in the Table below:

153 · . (1) The State Government may , for the purposes of providing speedy trial of offences referred to in sections 135 to 139 , by notification in the Official Gazette , constitute as many Special Courts as may be necessary for such area or areas , as may be specified in the notification .

154 · . (1) Notwithstanding anything contained in the Code of Criminal Procedure , 1973 , every offence punishable under sections 135 to 139 shall be triable only by the Special Court within whose jurisdiction such offence has been committed .

2 · of 1974

26 · of 1996 .

157 · . The Special Court may , on a petition or otherwise and in order to prevent miscarriage of justice , review its judgment or order passed under section 154 , but no such review petition shall be entertained except on the ground that it was such order passed under a mistake of fact , ignorance of any material fact or any error apparent on the face of the record :

158 · . Where any matter is , by or under this Act , directed to be determined by arbitration , the matter shall , unless it is otherwise expressly provided in the licence of a licensee , be determined by such person or persons as the Appropriate Commission may nominate in that behalf on the application of either party; but in all other respects the arbitration shall be subject to the provisions of the Arbitration and Conciliation Act , 1996 .

159 · . No person shall , in the generation , transmission , distribution , supply or use of electricity , in any way injure any railway , highway , airports , tramway , canal or water -way or any dock , w harf or pier vested in or controlled by a local authority , or obstruct or interfere with the traffic on any railway , airway , tramway , canal or water -way .

160 · . (1) Every person generating , transmitting , distributing , supplying or using electricity (hereinafter in this section referred to as the " operator " ) shall take all reasonable precautions in constructing , laying down and placing his electric lines

161 · . (1) If any accident occurs in connection with the generation , transmission , distribution , supply or use of electricity in or in connection with , any part of the electric lines or electrical plant of any person and the accident results or is likely to have resulted in loss of human or animal life or in any injury to a human being or an animal , such person shall give notice of the occurrence and of any such loss or injury actually caused by the accident , in such form and within such time as may be prescribed , to the Electrical Inspector or such other person as aforesaid and to such other authorities as the Appropriate Government may by general or special order , direct .

5 · of 1908 .

45 · of 1860 .

162 · . (1)The Appropriate Government may , by notification , appoint duly qualified persons to be Chief Electrical Inspector or Electrical Inspectors and every such Inspector so appointed shall exercise the powers and perform the functions of a Chief Electrical Inspector or an Electrical Inspector under this Act and exercise such other powers and perform such other functions as may be prescribed within such areas or in respect of such class of works and electric installations and subject to such restrictions as the Appropriate Government may direct .

163 · . (1) A licensee or any person duly authorised by a licence may , at any reasonable time , and on informing the occupier of his intention , enter any premises to which electricity is , or has been , supplied by him , of any premises or land , under , over , along , across , in or upon which the electric supply-lines or other works have been lawfully placed by him for the purpose of –

164 · . The Appropriate Government may , by order in writing , for the placing of electric lines or electrical plant for the transmission of electricity or for the purpose of telephonic or telegraphic communications necessary for the proper co-ordination of works , confer upon any public officer , licensee or any other person engaged in the business of supplying electricity under this Act , subject to such conditions and restrictions , if any , as the Appropriate Government may think fit to impose and to the provisions of the Indian Telegraph Act , 1885 , any of the powers which the telegraph authority possesses under that Act with respect to the placing of

13 · of 1885 .

165 · . (1) In section 40 , sub -section (1) of clause (b) and section 41 , sub -section (5) of the Land Acquisition Act , 1894 , the term " work " shall be deemed to include electricity supplied or to be supplied by means of the work to be constructed .

166 · . (1) The Central Government shall constitute a Coordination Forum consisting of the Chairperson of the Central Commission and Members thereof , the Chairperson of the Authority , representatives of generating companies and transmission licensees engaged in inter-State transmission of electricity for smooth and coordinated development of the power system in the country .

167 · . Where any electric lines or electrical plant , belonging to a licensee are placed in or upon any premises or land not being in the possession of the licensee , such electric lines or electrical plant shall not be liable to be taken in execution under any process of any civil court or in any proceedings in insolvency against the person in whose possession the same may be .

168 · . No suit , prosecution or other proceeding shall lie against the Appropriate Government or Appellate Tribunal or the Appropriate Commission or any officer of Appropriate Government , or any Member , Officer or other employees of the Appellate Tribunal or any Members , officer or other employees of the

1 · of 1894 .

1 · of 1894 .

169 · . The Chairperson , Members , officers and other employees of the Appellate Tribunal and the Chairperson , Members , Secretary , officers and other employees of the Appropriate Commission and the assessing officer referred to in section 126 shall be deemed , w hen acting or purporting to act in pursuance of any of the provisions of this Act to be public servants within the meaning of section 21 of the Indian Penal Code .

170 · . Any penalty payable by a person under this Act , if not paid , may be recovered as if it were an arrear of land revenue .

171 · . (1) Every notice , order or document by or under this Act required , or authorised to be addressed to any person may be served on him by delivering the same after obtaining signed acknowledgement receipt therefor or by registered post or such means of delivery as may be prescribed -

172 · . Notwithstanding anything to the contrary contained in this Act , -

173 · . Nothing contained in this Act or any rule or regulation made thereunder or any instrument having effect by virtue of this Act , rule or regulation shall have effect in so far as it is inconsistent with any other provisions of the Consumer Protection Act , 1986 or the Atomic Energy Act , 1962 or the Railways Act , 1989 .

174 · . Save as otherwise provided in section 173 , the provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act .

175 · . The provisions of this Act are in addition to and not in derogation of any other law for the time being in force .

176 · . (1) The Central Government may , by notification , make rules for carrying out the provisions of this Act .

54 · of 1948

68 · of 1986 33 of 1962

177 · . (1) The Authority may , by notification , make regulations consistent w ith this Act and the rules generally to carry out the provisions of this Act .

178 · . (1) The Central Commission may , by notification make regulations consistent with this Act and the rules generally to carry out the provisions of this Act .

179 · . Every rule made by the Central Government , every regulation made by the Authority , and every regulation made by the Central Commission shall be laid , as soon as may be after it is made , before each House of the Parliament , w hile it is in session , for a total period of thirty days which may be comprised in one session or in two or more successive sessions , and if , before the expiry of the session immediately following the session or the successive sessions aforesaid , both Houses agree in making any modification in the rule or regulation or agree that the rule or regulation should not be made , the rule or regulation shall thereafter have effect only in such modified form or be of no effect , as the case may be; so , however , that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation .

180 · . (1) The State Government may , by notification , make rules for carrying out the provisions of this Act .

181 · . (1) The State Commissions may , by notification , make regulations consistent with this Act and the rules generally to carry out the provisions of this Act .

182 · . Every rule made by the State Government and every regulation made by the State Commission shall be laid , as soon as may be after it is made , before each House of the State Legislature where it consists of two Houses , or where such Legislature consists of one House , before that House .

183 · . (1) If any difficulty arises in giving effect to the provisions of this Act , the Central Government may , by order published , make such provisions not inconsistent with the provisions of this Act , as may appear to be necessary for removing the difficulty:

184 · . The provisions of this Act shall not apply to the Ministry or Department of the Central Government dealing with Defence , Atomic Energy or such other similar Ministries or Departments or undertakings or Boards or institutions under the control of such Ministries or Departments as may be notified by the Central Government .

185 · . (1) Save as otherwise provided in this Act , the Indian Electricity Act , 1910 , the Electricity (Supply) Act , 1948 and the Electricity Regulatory Commissions Act , 1998 are hereby repealed .

9 · of 1910 . 54 of 1948 . 14 of 1998 .

9 · of 1910

9 · of 1910

10 · of 1897

1 · . The Orissa Electricity Reform Act , 1995 (Orissa Act no . 2 of 1996)

2 · . The Haryana Electricity Reform Act , 1997 (Haryana Act no . 10 of 1998)

3 · . The Andhra Pradesh Electricity Reform Act , 1998 (Andhra Pradesh Act no . 30 of 1998)

4 · . The Uttar Pradesh Electricity Reform Act , 1999 (Uttar Pradesh Act no . 24 of 1999)

5 · . The Karnataka Electricity Reform Act , 1999 (Karnataka Act no . 25 of 1999)

6 · . The Rajasthan Electricity Reform Act , 1999 (Rajasthan Act no . 23 of 1999)

7 · . The Delhi Electricity Reforms Act , 2000 (Delhi Act No . 2 of 2001)

8 · . The Madhya Pradesh Vidyut Sudhar Adhiniyam , 2000 (Madhya Pradesh Act No . 4 of 2001)