Electricity Act, 2003

PART I

PRELIMINARY

Section 1. Short title, extent and commencement

Section 2. Definitions

PART II

NATIONAL ELECTRICITY POLICY AND PLAN

Section 3. National Electricity Policy and Plan

Section 4. National Policy on standalone systems for rural areas and nonconventional
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.

PART III

GENERATION OF ELECTRICITY

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

PART IV
Section 12.
Section 13.
Section 14.
Section 15.
Section 16.
Section 17.
Section 18.
Section 19.
Section 20.
Section 21.
Section 22.
Section 23.
Section 24.

LICENSING

Authorised persons to transmit, supply, etc., electricity

Power to exempt
Grant of licence
Procedure for grant of licence
Condition of licence
Licensee not to do certain things
Amendment of licence
Revocation of licence
Sale of utilities of licensees
Vesting of utility in purchaser
Provisions where no purchase takes place
Directions to licensees):
Suspension of distribution licence and sale of utility

PART V
Section 25.
Section 26.
Section 27.
Section 28.
Section 29.
Section 30.
Section 31.
Section 32.
Section 33.
Section 34.
Section 35.
Section 36.
Section 37.
Section 38.
Section 39.
Section 40.
Section 41.

TRANSMISSION OF ELECTRICITY

Inter-State, regional and inter-regional transmission

National Load Despatch Centre
Constitution of Regional Load Despatch Centre
Functions of Regional Load Despatch Centre
Compliance of directions
Transmission within a State
Constitution of State Load Despatch Centres
Functions of State Load Despatch Centres
Compliance of directions
Grid Standards
Intervening transmission facilities
Charges for intervening transmission facilities
Directions by Appropriate Government
Central Transmission Utility and functions
State Transmission Utility and functions
Duties of transmission licensees
Other business of transmission licensee

PART VI

DISTRIBUTION OF ELELCTRICITY

Provisions with respect to distribution licensee

Section 42.
Section 43.
Section 44.
Section 45.
Section 46.
Section 47.
Section 48.
Section 49.
Section 50.
Section 51.
Section 52.
Section 53.
Section 54.
Section 55.
Section 56.
Section 57.
Section 58.
Section 59.
Section 60.

Duties of distribution licensee and open access

Duty to supply on request
Exceptions from duty to supply electricity
Power to recover charges
Power to recover expenditure
Power to require security
Additional terms of supply
Agreement with respect to supply or purchase of electricity
The Electricity Supply Code
Other businesses of distribution licensees
Provisions with respect to electricity traders
Provisions relating to safety and electricity supply
Control of transmission and use of electricity
Use, etc., of meters
Disconnection of supply in default of payment
Consumer Protection: Standards of performance of licensee
Different standards of performance by licensee
Information with respect to levels of performance
Market domination

PART-VII TARIFF
Section 61.
Section 62.
Section 63.
Section 64.
Section 65.
Section 66.

Tariff regulations
Determination of tariff
Determination of tariff by bidding process
Procedure for tariff order
Provision of subsidy by State Government
Development of market

PART VII WORKS

Works of licensees
Section 67. Provisions as to opening up of streets, railways, etc
Section 68. Provisions relating to Overhead lines
Section 69. Notice to telegraph authority

PART IX

CENTRAL ELECTRICITY AUTHORITY

Constitution and functions of Authority

Section 70.
Section 71.
Section 72.
Section 73.

Constitution, etc., of Central Electricity Authority

Members not to have certain interest
Officers and staff of Authority
Functions and duties of Authority

Certain powers and directions

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

PART X

REGULATORY COMMISSIONS

Constitution, powers and functions of Central Commission

Section 76.
Section 77.
Section 78.
Section 79.
Section 80.
Section 81.
Section 82.
Section 83.
Section 84.
Section 85.
Section 86.
Section 87.
Section 88.
Section 89.
Section 90.

Constitution of Central Commission

Qualifications for appointment of Members of Central Commission
Constitution of Selection Committee to recommend Members
Functions of Central Commission
Central Advisory Committee
Objects of Central Advisory Committee
Constitution of State Commission
Joint Commission
Qualifications for appointment of Chairperson and Members of State Commission
Constitution of Selection Committee to select Members of State Commission
Functions of State Commission
State Advisory Committee
Objects of State Advisory Committee
Term of office and conditions of service of Members
Removal of Member

Proceedings and powers of appropriate commission

Section 91.
Section 92.
Section 93.
Section 94.
Section 95.
Section 96.
Section 97.
Section 98.
Section 99.

Secretary, officers and other employees of Appropriate Commission

Proceedings of Appropriate Commission
Vacancies, etc. not to invalidate proceedings
Powers of Appropriate Commission
Proceedings before Commission
Powers of entry and seizure
Delegation
Grants and loans by Central Government
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

PART XI

APPELLATE TRIBUNAL FOR ELECTIRICITY

Section 110.
Section 111.
Section 112.
Section 113.
Section 114.
Section 115.
Section 116.
Section 117.
Section 118.
Section 119.
Section 120.
Section 121.
Section 122.

Establishment of Appellate Tribunal

Appeal to Appellate Tribunal
Composition of Appellate Tribunal
Qualification for appointment of Chairperson and Members of Appellate Tribunal
Term of Office
Terms and conditions of service
Vacancies
Resignation and Removal
Member to act as Chairperson in certain circumstances): --Officers and other employees of Appellate Tribunal): --Procedure and powers of Appellate Tribunal):
Power of Appellate Tribunal
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

PART XII INVESTIGATION AND ENFORCEMENT

Section 126:
Section 127.
Section 128.
Section 129.
Section 130.

Assessment
Appeal to Appellate Authority
Investigation of certain matters
Orders for securing compliance
Procedure for issuing directions by Appropriate Commission

PART XIII REORGANISATION OF BOARD

Section 131.
Section 132.
Section 133.
Section 134.

Vesting of property of Board in State Government

Use of proceeds of sale or transfer of Board, etc.
Provisions relating to officers and employees
Payment of compensation or damages on transfer

PART XIV OFFENCES AND PENALTIES

Section 135.
Section 136.
Section 137.
Section 138.
Section 139.
Section 140.
Section 141.
Section 142.
Section 143.
Section 144.
Section 145.
Section 146.
Section 147.
Section 148.
Section 149.
Section 150.
Section 151.
Section 152.

Theft of Electricity
Theft of electric lines and materials
Punishment for receiving stolen property
Interference with meters or works of licensee
Negligently breaking or damaging works
Penalty for intentionally injuring works
Extinguishing public lamps
Punishment for non-compliance of directions by Appropriate Commission
Power to adjudicate
Factors to be taken into account by adjudicating officer
Civil courts not to have jurisdiction
Punishment for non-compliance of orders or directions
Penalties not to affect other liabilities
Penalty where works belong to Government
Offences by companies
Abetment
Cognizance of offences
Compounding of offences)

PART XV SPECAIL COURTS

Section 153.
Section 154.
Section 155.
Section 156.
Section 157.

Constitution of Special Courts

Procedure and power of Special Court
Special Court to have powers of Court of Session
Appeal and revision
Review

PART XVI DISPUTE RESOLUTION

Arbitration
Section 158. Arbitration

PART XVII

OTHER PROVISIONS

Protective Clauses
Section 159.
Section 160.
Section 161.
Section 162.
Section 163.

Protection of railways, highways, airports and canals, docks wharfs and piers
Protection of telegraphic, telephonic and electric signalling lines
Notice of accidents and injuries
Appointment of Chief Electrical Inspector and Electrical Inspector
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

PART XVIII
Section 166.
Section 167.
Section 168.
Section 169.
Section 170.
Section 171.
Section 172.
Section 173.
Section 174.
Section 175.
Section 176.
Section 177.
Section 178.
Section 179.
Section 180.
Section 181.
Section 182.
Section 183.
Section 184.
Section 185.

MISCELLANEOUS

Coordination Forum
Exemption of electric lines or electrical plants from attachment in certain cases
Protection of action taken in good faith
Members, officers, etc. of Appellate Tribunal, Appropriate Commission to be public
servants
Recovery of penalty payable under this Act
Services of notices, orders or documents
Transitional provisions
Inconsistency in laws
Act to have overriding effect
Provisions of this Act to be in addition to and not in derogation of other laws
Power of Central Government to make rules
Powers of Authority to make regulations
Powers of Central Commission to make regulations
Rules and regulations to be laid before Parliament
Powers of State Governments to make rules
Powers of State Commissions to make regulations
Rules and regulations to be laid before State Legislature
Power to remove difficulties
Provisions of the Act not to apply in certain cases
Repeal and saving

THE SCHEDULE.
ENACTMENTS