Electricity Act, 2003

The Electricity Act, 2003

Rules Regulations Notifications Orders Circulars Ordinance Statutes

Act ID:	200336
Act Number:	36
Enactment Date:	2003-05-26
Act Year:	2003
Short Title:	The Electricity Act, 2003
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 MPP and Power
Enforcement Date:	10-06-2003
Type:	CENTRAL ACT (Ministry of Power, )
Location:	Himachal Pradesh
Notification:	10th June, 2003 (Ss. 1 to 120 and ss. 122 to 185), vide notification No. S.O. 669(E), dated 10th June, 2003, see Gazette of India, Extraordinary, Part II, sec. 3(ii).
Ref Act ID:	200336


Schedule 1. THE SCHEDULE Order Appendix Forms

Title	Files

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Show all section The Electricity Act, 2003

PART I

PRELIMINARY

PART II

NATIONAL ELECTRICITY POLICY AND PLAN

PART III

GENERATION OF ELECTRICITY

PART IV

LICENSING

PART V

TRANSMISSION OF ELECTRICITY

PART VI

DISTRIBUTION OF ELECTRICITY

PART VII

TARIFF

PART VIII

WORKS
- Works of licensees
- Provisions relating to overhead lines

PART IX

CENTRAL ELECTRICITY AUTHORITY
- Constitution and functions of Authority
- Certain powers and directions

PART X

REGULATORY COMMISSIONS

PART XI

APPELLATE TRIBUNAL FOR ELECTRICITY

PART XII

INVESTIGATION AND ENFORCEMENT

PART XIII

REORGANISATION OF BOARD

PART XIV

OFFENCES AND PENALTIES

PART XV

SPECIAL COURTS

PART XVI

DISPUTE RESOLUTION
- Arbitration

PART XVII

OTHER PROVISIONS
- Protective clauses

PART XVIII

MISCELLANEOUS


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


Schedule 1. THE SCHEDULE Order Appendix Forms

Year	Description	Hindi Description	Files(Eng)	Files(Hindi)
08-06-2004	The Himachal Pradesh Electricity Regulatory Commission (General Conditions of Distribution Licence) Regulations, 2004
10-06-2004	The Himachal Pradesh Electricity Regulatory Commission (General Conditions of Trading Licence) Regulations, 2004
10-06-2004	The Himachal Pradesh Electricity Regulatory Commission (General Conditions of Transmission Licence) Regulations, 2004
21-06-2004	The Himachal Pradesh Electricity Regulatory Commission (Licensee’s Duty for Supply of Electricity on Request) Regulations, 2004
21-06-2004	The Himachal Pradesh Electricity Regulatory Commission (State Advisory Committee) Regulations, 2004
01-01-2005	The Himachal Pradesh Electricity Regulatory Commission (Conduct of Business) Regulations, 2005
23-03-2005	The Himachal Pradesh Electricity Regulatory Commission (Procedure for filing Appeal before the Appellate Authority) Regulations, 2005
23-03-2005	The Himachal Pradesh Electricity Regulatory Commission (Manner of Service and Publication of Notice by the State Commission) Regulations, 2005
30-03-2005	The Himachal Pradesh Electricity Regulatory Commission (Security Deposit) Regulations, 2005
27-07-2005	The Himachal Pradesh Electricity Regulatory Commission (Appointment of Consultants) Regulations, 2005
31-10-2005	The Himachal Pradesh Electricity Regulatory Commission (Guidelines and Formats for Tariff Filing) Regulations, 2005
04-01-2006	The Himachal Pradesh Electricity Regulatory Commission (Treatment of Income of Other Businesses of Transmission Licensees and Distribution Licensees) Regulations 2006
21-08-2006	The Himachal Pradesh Electricity Regulatory Commission (Cross Subsidy Surcharge, Additional Surcharge and Phasing of Cross Subsidy) Regulations, 2006
21-07-2008	The Himachal Pradesh Electricity Regulatory Commission (Eligibility Conditions for being a Electricity Trader) Regulations, 2008
05-08-2008	The Himachal Pradesh Electricity Grid Code, 2008
01-01-2009	The Himachal Pradesh Electricity Distribution Code, 2009
26-05-2009	The Himachal Pradesh Electricity Supply Code, 2009
26-05-2010	The Himachal Pradesh Electricity Regulatory Commission (Renewable Power Purchase Obligation and its Compliance) Regulations, 2010
02-06-2010	The Himachal Pradesh Electricity Regulatory Commission (Grant of Connectivity, Long-term and Medium-term Intra-State Open Access and Related Matters) Regulations, 2010
02-06-2010	The Himachal Pradesh Electricity Regulatory Commission (Short Term Open Access) Regulations, 2010
08-10-2010	The Himachal Pradesh Electricity Regulatory Commission (Distribution Performance Standards) Regulations, 2010
01-04-2011	The Himachal Pradesh Electricity Regulatory Commission (Terms and Conditions for Determination of Wheeling Tariff and Retail Supply Tariff) Regulations, 2011
01-04-2011	The Himachal Pradesh Electricity Regulatory Commission (Terms and Conditions for Determination of Hydro Generation Tariff) Regulations, 2011
01-04-2011	The Himachal Pradesh Electricity Regulatory Commission (Terms and Conditions for Determination of Transmission Tariff) Regulations, 2011
28-05-2011	The Himachal Pradesh Electricity Regulatory Commission (Levy and Collection of Fees and Charges by State Load Despatch Centre) Regulations, 2011
30-09-2011	The Himachal Pradesh Electricity Regulatory Commission (Demand Side Management) Regulations, 2011
18-05-2012	The Himachal Pradesh Electricity Regulatory Commission (Recovery of Expenditure for Supply of Electricity ) Regulations, 2012
17-12-2012	The Himachal Pradesh Electricity Regulatory Commission (Promotion of Generation from the Renewable Energy Sources and Terms and Conditions for Tariff Determination) Regulations, 2012
23-01-2013	The Himachal Pradesh Electricity Regulatory Commission (Consumer Grievances Redressal Forum and Ombudsman) Regulations, 2013
18-04-2013	The Himachal Pradesh Electricity Regulatory Commission (Terms and Conditions of Service of Staff) Regulations, 2013
22-12-2014	The Himachal Pradesh Electricity Regulatory Commission (Reporting System on Power Regulatory Accounting) Regulations, 2014
31-03-2015	The Himachal Pradesh Electricity Regulatory Commission (Terms and Conditions for Sharing of Cost of Terminal Benefits of Personnel of the Erstwhile Himachal Pradesh State Electricity Board and Successor Entities) Regulations, 2015
31-07-2015	The Himachal Pradesh Electricity Regulatory Commission (Rooftop Solar PV Grid Interactive Systems based on Net Metering) Regulations, 2015
30-07-2016	The Himachal Pradesh Electricity Regulatory Commission (Authorized Consumer Representative) Regulations, 2016
16-11-2017	The Himachal Pradesh Electricity Regulatory Commission (Promotion of Generation from the Renewable Energy Sources and Terms and Conditions for Tariff Determination) Regulations, 2017
16-10-2018	The Himachal Pradesh Electricity Regulatory Commission (Deviation Settlement Mechanism and Related Matters) Regulations, 2018
22-08-2020	The Himachal Pradesh Electricity Regulatory Commission (Power System Development Fund) Regulations, 2020

Schedule 1. THE SCHEDULE