The Electricity Act, 2003

PART I PRELIMINARY

• 1.Short title, extent and commencement
• 2.Definitions

PART II NATIONAL ELECTRICITY POLICY AND PLAN

• 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

PART III GENERATION OF ELECTRICITY

• 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

PART IV LICENSING

• 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

PART V TRANSMISSION OF ELECTRICITY

Intra-State transmission

• 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

Inter-State transmission

• 30.Transmission within a State
• 31.Constitution of State Load Despatch Centres
• 32.Functions of State Load Despatch Centres
• 33.Compliance of directions

Other provisions relating to transmission

• 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

PART VI DISTRIBUTION OF ELECTRICITY

Provisions with respect to distribution licensees

• 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

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 standards of performance by licensee
• 59.Information with respect to levels of performance
• 60.Market domination

PART VII TARIFF

• 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

PART VIII WORKS

Works of licensees

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

Provisions relating to overhead lines

• 68.Overhead lines
• 69.Notice to telegraph authority

PART IX CENTRAL ELECTRICITY AUTHORITY

Constitution and functions of 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

Certain powers and directions

• 74.Power to require statistics and returns
• 75.Directions by Central Government to Authority

PART X REGULATORY COMMISSIONS

Constitution, powers and functions of Central Commission

• 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

Constitution, powers and functions of State Commissions

• 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

Appropriate Commission–Other provisions

• 89.Term of office and conditions of service of Members
• 90.Removal of Member

Proceedings and powers of Appropriate Commission

• 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

Grants, Fund and Accounts, Audit and Report

• 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

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
• 117A.Selection, qualifications, conditions of service, allowances, etc
• 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

PART XII INVESTIGATION AND ENFORCEMENT

• 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

PART XIII 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
• 142.Penalty by Appropriate Commission for noncompliance of order or direction
• 143.Power to adjudicate
• 144.Factors to be taken into account by adjudicating officer
• 145.Civil court 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

PART XV SPECIAL COURTS

• 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

PART XVI DISPUTE RESOLUTION

Arbitration

• 158.Arbitration

PART XVII OTHER PROVISIONS

Protective clauses

• 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 inquiries
• 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

PART XVIII MISCELLANEOUS

• 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 to apply in certain cases
• 185.Repeal and saving