Part XVIII
MISCELLANEOUS
166. Coordination Forum.
166. Coordination Forum.—(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.
(2) The Central Government shall also constitute a Forum of regulators consisting of the Chairperson of the Central Commission and Chairpersons of the State Commissions.
(3) The Chairperson of the Central Commission shall be the Chairperson of the Forum of regulators referred to in sub-section (2).
(4) The State Government shall constitute a Coordination Forum consisting of the Chairperson of the State Commission and Members thereof representatives of the generating companies, transmission licensee and distribution licensees engaged in generation, transmission and distribution of electricity in that State for smooth and coordinated development of the power system in the State.
(5) There shall be a committee in each district to be constituted by the Appropriate Government—
(a) to coordinate and review the extension of electrification in each district;
(b) to review the quality of power supply and consumer satisfaction;
(c) to promote energy efficiency and its conservation.
167. Exemption of electric lines or electrical plants from attachment in certain cases.
167. Exemption of electric lines or electrical plants from attachment in certain cases.—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. Protection of action taken in good faith.
168. Protection of action taken in good faith.—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 employee of the Appellate Tribunal or any Members, officer or other employees of the Appropriate Commission or the assessing officer or any public servant for anything done or in good faith purporting to be done under this Act or the rules or regulations made thereunder.
169. Members, officers, etc., of Appellate Tribunal, Appropriate Commission to be public servants.
169. Members, officers, etc., of Appellate Tribunal, Appropriate Commission to be public servants.—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, when 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. Recovery of penalty payable under this Act.
170. Recovery of penalty payable under this Act.—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. Services of notices, orders or documents.
171. Services of notices, orders or documents.—(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—
(a) where the Appropriate Government is the addressee, at the office of such officer as the Appropriate Government may prescribe in this behalf;
(b) where the Appropriate Commission is the addressee, at the office of the Appropriate Commission;
(c) where a company is the addressee, at the registered office of the company or, in the event of the registered office of the company not being in India, at the head office of the company in India;
(d) where any other person is the addressee, at the usual or last known place of abode or business of the person.
(2) Every notice, order or document by or under this Act required or authorised to be addressed to the owner or occupier of any premises shall be deemed to be properly addressed if addressed by the description of the owner or occupier of the premises (naming the premises), and may be served by delivering it, or a true copy thereof, to some person on the premises, or if there is no person on the premises to whom the same can with reasonable diligence be delivered, by affixing it on some conspicuous part of the premises.
172. Transitional provision.
172. Transitional provision.—Notwithstanding anything to the contrary contained in this Act,—
(a) a State Electricity Board constituted under the repealed laws shall be deemed to be the State Transmission Utility and a licensee under the provisions of this Act for a period of one year from the appointed date or such earlier date as the State Government may notify, and shall perform the duties and functions of the State Transmission Utility and a licensee in accordance with the provisions of this Act and rules and regulations made thereunder:
Provided that the State Government may, by notification, authorise the State Electricity Board to continue to function as the State Transmission Utility or a licensee for such further period beyond the said period of one year as may be mutually decided by the Central Government and the State Government.
(b) all licences, authorisations, approvals, clearances and permissions granted under the provisions of the repealed laws may, for a period not exceeding one year from the appointed date or such earlier period; as may be notified by the Appropriate Government, continue to operate as if the repealed laws were in force with respect to such licences, authorisations, approvals, clearances and permissions, as the case may be, and thereafter such licences, authorisations, approvals, clearances and permissions shall be deemed to be licences, authorisations, approvals, clearances and permission under this Act and all provisions of this Act shall apply accordingly to such licences, authorisations, approvals, clearances and permissions;
(c) the undertaking of the State Electricity Boards established under Section 5 of the Electricity (Supply) Act, 1948 may after the expiry of the period specified in clause (a) be transferred in accordance with the provisions of Part XIII of this Act;
(d) the State Government may, by notification, declare that any or all the provisions contained in this Act, shall not apply in that State for such period, not exceeding six months from the appointed date, as may be stipulated in the notification.
173. Inconsistency in laws.
173. Inconsistency in laws.—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 insofar 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. Act to have overriding effect.
174. Act to have overriding effect.—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. Provisions of this Act to be in addition to and not in derogation of other laws.
175. Provisions of this Act to be in addition to and not in derogation of other laws.—The provisions of this Act are in addition to and not in derogation of any other law for the time being in force.
176. Power of Central Government to make rules.
176. Power of Central Government to make rules.—(1) The Central Government may, by notification, make rules for carrying out the provisions of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—
(a) the time within which the objection and suggestions on the draft National Electricity Plan to be invited by the Authority under the proviso to sub-section (4) Section 3;
(b) the additional requirements [i][relating to the capital adequacy, creditworthiness or code of conduct] under sixth proviso to Section 14;
(c) the payment of fees for application for grant of licence under sub-section (1) of Section 15;
(d) the constitution and functions of the National Load Despatch Centre under sub-section (2) of Section 26;
(e) the works of licensees affecting the property of owner or occupier under sub-section (2) of Section 67;
(f) such other cases which may be prescribed under clause (c) of sub-section (2) of Section 68;
(g) allowances and fees payable to other Members for attending the meetings of Authority under sub-section (14) of Section 70;
(h) other terms and conditions of service of the Chairperson and Members of the Authority under sub-section (15) of Section 70;
(i) the functions and duties of the Central Electricity Authority under Section 73;
(j) the salary, allowances and other conditions of service of Chairperson and Member of Central Commission under sub-section (2) of Section 89;
(k) the form and manner in which and the authority before whom oath of office and secrecy should be subscribed under sub-section (3) of Section 89;
(l) the procedure to be prescribed by the Central Government under the proviso to sub-section (2) of Section 90;
(m) any other matter required to be prescribed under clause (g) of sub-section (1) of Section 94;
(n) the form in which the Central Commission shall prepare its annual statements of accounts under sub-section (1) of Section 100;
(o) the form in which and time at which the Central Commission shall prepare its annual report under sub-section (1) of Section 101;
(p) the form in which and time at which the Central Commission shall prepare its budget under Section 106;
(q) the form and manner of verifying such form, and fee for filing appeal under sub-section (2) of Section 111;
(r) 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 under Section 115;
(s) the salary and allowances and other conditions of service of the officers and employees of the Appellate Tribunal under sub-section (3) of Section 119;
(t) the additional matters in respect of which the Appellate Tribunal may exercise the powers of a civil court under clause (i) of sub-section (2) of Section 120;
(u) the authority to whom the appeal shall be filed under sub-section (1) of Section 127;
(v) manner of holding inquiry by an adjudicating officer and sub-section (1) of Section 143;
(w) the form in which and the time at which service of notices to any person or to the Central Government for the purpose under sub-section (1) of Section 161;
(x) the powers to be exercised and the functions to be performed by the Inspectors under sub-section (1) of Section 162;
(y) the manner of delivery of every notice, order or document to be served under sub-section (1) of Section 171;
(z) any other matter which is required to be, or may be, prescribed.
177. Powers of Authority to make regulations.
177. Powers of Authority to make regulations.—(1) The Authority may, by notification, make regulations consistent with this Act and the rules generally to carry out the provisions of this Act.
(2) In particular and without prejudice to the generality of the power conferred in sub-section (1), such regulations may provide for all or any of the following matters, namely:—
(a) the Grid Standards under Section 34;
(b) suitable measures relating to safety and electric supply under Section 53;
(c) the installation and operation of meters under Section 55;
(d) the rules of procedure for transaction of business under sub-section (9) of Section 70;
(e) the technical standards for construction of electrical plants and electric lines and connectivity to the grid under clause (b) of Section 73;
(f) the form and manner in which and the time at which the State Government and licensees shall furnish statistics, returns or other information under Section 74;
(g) any other matter which is to be, or may be, specified.
(3) All regulations made by the Authority under this Act shall be subject to the conditions of previous publication.
178. Powers of Central Commission to make regulations.
178. Powers of Central Commission to make regulations.—(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.
(2) In particular and without prejudice to the generality of the power contained in sub-section (1), such regulations may provide for all or any of the following matters, namely:—
(a) period to be specified under the first proviso to Section 14;
(b) the form and the manner of the application under sub-section (1) of Section 15;
(c) the manner and particulars of notice under sub-section (2) of Section 15;
(d) the conditions of licence under Section 16;
(e) the manner and particulars of notice under clause (a) of sub-section (2) of Section 18;
(f) publication of alterations or amendments to be made in the licence under clause (c) of sub-section (2) of Section 18;
(g) Grid Code under sub-section (2) of Section 28;
(h) levy and collection of fees and charge from generating companies or transmission utilities or licensees under sub-section (4) of Section 28;
(i) rates, charges and terms and conditions in respect of intervening transmission facilities under proviso to Section 36;
(j) payment of the transmission charges and a surcharge under sub-clause (ii) of clause (d) of sub-section (2) of Section 38;
(k) reduction [ii][* * *] of surcharge and cross-subsidies under second proviso to sub-clause (ii) of clause (d) of sub-section (2) of Section 38;
(l) payment of transmission charges and a surcharge under sub-clause (ii) of clause (c) of Section 40;
(m) reduction [iii][* * *] of surcharge and cross-subsidies under the second proviso to sub-clause (ii) of clause (c) of Section 40;
(n) proportion of revenues from other business to be utilised for reducing the transmission and wheeling charges under proviso to Section 41;
(o) duties of electricity trader under sub-section (2) of Section 52;
(p) standards of performance of a licensee or class of licensees under sub-section (1) of Section 57;
(q) the period within which information to be furnished by the licensee under sub-section (1) of Section 59;
[iv][(r) the manner for reduction of cross-subsidies under clause (g) of Section 61;]
(s) the terms and conditions for the determination of tariff under Section 61;
(t) details to be furnished by licensee or generating company under sub-section (2) of Section 62;
(u) the procedures for calculating the expected revenue from tariff and charges under sub-section (5) of Section 62;
(v) the manner of making an application before the Central Commission and the fee payable therefor under sub-section (1) of Section 64;
(w) the manner of publication of draft tariff order under sub-section (3) of Section 64;
(x) issue of tariff order with modifications or conditions under sub-section (4) of Section 64;
(y) the manner by which development of market in power including trading specified under Section 66;
(z) the powers and duties of the Secretary of the Central Commission under sub-section (1) of Section 91;
(za) the terms and conditions of service of the Secretary, officers and other employees of the Central Commission under sub-section (3) of Section 91;
(zb) the rules of procedure for transaction of business under sub-section (1) of Section 92;
(zc) minimum information to be maintained by a licensee or the generating company and the manner of such information to be maintained under sub-section (8) of Section 128;
(zd) the manner of service and publication of notice under Section 130;
(ze) any other matter which is to be, or may be specified by regulations.
(3) All regulations made by the Central Commission under this Act shall be subject to the conditions of previous publication.
179. Rules and regulations to be laid before Parliament.
179. Rules and regulations to be laid before Parliament.—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 Parliament, while it is 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. Powers of State Governments to make rules.
180. Powers of State Governments to make rules.—(1) The State Government may, by notification, make rules for carrying out the provisions of this Act.
(2) In particular and without prejudice to the generality of foregoing power, such rules may provide for all or any of the following matters, namely:—
(a) the payment of fees for application for grant of licence under sub-section (1) of Section 15;
(b) the works of licensees affecting the property of other persons under sub-section (2) of Section 67;
(c) such other matters which may be prescribed under clause (c) of sub-section (2) of Section 68;
(d) the salary, allowances and other terms and conditions of service of the Chairperson and Members of the State Commission under sub-section (2) of Section 89;
(e) the form and manner in which and the authority before whom oath of office and secrecy should be subscribed under sub-section (3) of Section 89;
(f) any other matter required to be prescribed by the State Commission under clause (g) of sub-section (1) of Section 94;
(g) the manner of applying the Fund under sub-section (3) of Section 103;
(h) the form in which and time at which the State Commission shall prepare its annual accounts under sub-section (1) of Section 104;
(i) the form in which and time at which the State Commission shall prepare its annual report under sub-section (1) of Section 105;
(j) the form in which and time at which the State Commission shall prepare its budget under Section 106;
(k) manner of service of provisional order of assessment under sub-section (2) of Section 126;
(l) manner of holding inquiry by an adjudicating officer under sub-section (1) of Section 143;
(m) the form in which and the time at which notice to the Electrical Inspector under sub-section (1) of Section 161;
(n) the manner of delivery of every notice, order or document under sub-section (1) of Section 171; and
(o) any other matter which is required to be, or may be, prescribed.
181. Powers of State Commissions to make regulations.
181. Powers of State Commissions to make regulations.—(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.
(2) In particular and without prejudice to the generality of the power contained in sub-section (1), such regulations may provide for all or any of the following matters, namely:—
(a) period to be specified under the first proviso to Section 14;
(b) the form and the manner of application under sub-section (1) of Section 15;
(c) the manner and particulars of application for licence to be published under sub-section (2) of Section 15;
(d) the conditions of licence under Section 16;
(e) the manner and particulars of notice under clause (a) of sub-section (2) of Section 18;
(f) publication of the alterations or amendments to be made in the licence under clause (c) of sub-section (2) of Section 18;
(g) levy and collection of fees and charges from generating companies or licensees under sub-section (3) of Section 32;
(h) rates, charges and the terms and conditions in respect of intervening transmission facilities under proviso to Section 36;
(i) payment of the transmission charges and a surcharge under sub-clause (ii) of clause (d) of sub-section (2) of Section 39;
(j) reduction [v][* * *] of surcharge and cross-subsidies under second proviso to sub-clause (ii) of clause (d) of sub-section (2) of Section 39;
(k) manner and utilisation of payment and surcharge under the fourth proviso to sub-clause (ii) of clause (d) of sub-section (2) of Section 39;
(l) payment of the transmission charges and a surcharge under sub-clause (ii) of clause (c) of Section 40;
(m) reduction [vi][* * *] of surcharge and cross-subsidies under second proviso to sub-clause (ii) of clause (c) of Section 40;
(n) the manner of payment of surcharge under the fourth proviso to sub-clause (ii) of clause (c) of Section 40;
(o) proportion of revenues from other business to be utilised for reducing the transmission and wheeling charges under proviso to Section 41;
(p) reduction [vii][* * *] of surcharge and cross-subsidies under the third proviso to sub-section (2) of Section 42;
(q) payment of additional charges on charges of wheeling under sub-section (4) of Section 42;
(r) guidelines under sub-section (5) of Section 42;
(s) the time and manner for settlement of grievances under sub-section (7) of Section 42;
(t) the period to be specified by the State Commission for the purposes specified under sub-section (1) of Section 43;
(u) methods and principles by which charges for electricity shall be fixed under sub-section (2) of Section 45;
(v) reasonable security payable to the distribution licensee under sub-section (1) of Section 47;
(w) payment of interest on security under sub-section (4) of Section 47;
(x) electricity supply code under Section 50;
(y) the proportion of revenues from other business to be utilised for reducing wheeling charges under proviso to Section 51;
(z) duties of electricity trader under sub-section (2) of Section 52;
(za) standards of performance of a licensee or a class of licensees under sub-section (1) of Section 57;
(zb) the period within which information to be furnished by the licensee under sub-section (1) of Section 59;
[viii][(zc) the manner of reduction of cross-subsidies under clause (g) of Section 61;]
(zd) the terms and conditions for determination of tariff under Section 61;
(ze) details to be furnished by licensee or generating company under sub-section (2) of Section 62;
(zf) the methodologies and procedures for calculating the expected revenue from tariff and charges under sub-section (5) of Section 62;
(zg) the manner of making an application before the State Commission and the fee payable therefor under sub-section (1) of Section 64;
(zh) issue of tariff order with modifications or conditions under sub-section (3) of Section 64;
(zi) the manner by which development of market in power including trading specified under Section 66;
(zj) the powers and duties of the Secretary of the State Commission under sub-section (1) of Section 91;
(zk) the terms and conditions of service of the Secretary, officers and other employees of the State Commission under sub-section (2) of Section 91;
(zl) rules of procedure for transaction of business under sub-section (1) of Section 92;
(zm) minimum information to be maintained by a licensee or the generating company and the manner of such information to be maintained under sub-section (8) of Section 128;
(zn) the manner of service and publication of notice under Section 130;
(zo) the form of and preferring the appeal and the manner in which such form shall be verified and the fee for preferring the appeal under sub-section (1) of Section 127;
(zp) any other manner which is to be, or may be, specified.
(3) All regulations made by the State Commission under this Act shall be subject to the condition of previous publication.
182. Rules and regulations to be laid before State Legislature.
182. Rules and regulations to be laid before State Legislature.—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. Power to remove difficulties.
183. Power to remove difficulties.—(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 of removing the difficulty:
Provided that no order shall be made under this section after the expiry of two years from the date of commencement of this Act.
(2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament.
184. Provisions of Act not to apply in certain cases.
184. Provisions of Act not to apply in certain cases.—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. Repeal and saving.
185. Repeal and saving.—(1) Save as otherwise provided in this Act, the Indian Electricity Act, 1910 (9 of 1910), Electricity (Supply) Act, 1948 (54 of 1948) and the Electricity Regulatory Commissions Act, 1998 (14 of 1998) are hereby repealed.
(2) Notwithstanding such repeal,—
(a) anything done or any action taken or purported to have been done or taken including any rule, notification, inspection order or notice made or issued or any appointment, confirmation or declaration made or any licence, permission, authorisation or exemption granted or any document or instrument executed or any direction given under the repealed laws shall, insofar as it is not inconsistent with the provisions of this Act, be deemed to have been done or taken under the corresponding provisions of this Act;
(b) the provisions contained in Sections 12 to 18 of the Indian Electricity Act, 1910 and rules made thereunder shall have effect until the rules under Sections 67 to 69 of this Act are made;
(c) the Indian Electricity Rules, 1956 made under Section 37 of the Indian Electricity Act, 1910 as it stood before such repeal shall continue to be in force till the regulations under Section 53 of this Act are made;
(d) all rules made under sub-section (1) of Section 69 of the Electricity (Supply) Act, 1948 shall continue to have effect until such rules are rescinded or modified, as the case may be;
(e) all directives issued, before the commencement of this Act, by a State Government under the enactments specified in the Schedule shall continue to apply for the period for which such directions were issued by the State Government.
(3) The provisions of the enactments specified in the Schedule, not inconsistent with the provisions of this Act, shall apply to the States in which such enactments are applicable.
(4) The Central Government may, as and when considered necessary, by notification, amend the Schedule.
(5) Save as otherwise provided in sub-section (2), the mention of particular matters in that section, shall not be held to prejudice or affect the general application of Section 6 of the General Clauses Act, 1897, with regard to the effect of repeals.
The Schedule
THE SCHEDULE
Enactments
[See sub-section (3) of Section 185]
1. The Orissa Electricity Reform Act, 1995 (Orissa Act 2 of 1996).
2. The Haryana Electricity Reform Act, 1997 (Haryana Act 10 of 1998).
3. The Andhra Pradesh Electricity Reform Act, 1998 (Andhra Pradesh Act 30 of 1998).
4. The Uttar Pradesh Electricity Reform Act, 1999 (Uttar Pradesh Act 24 of 1999).
5. The Karnataka Electricity Reform Act, 1999 (Karnataka Act 25 of 1999).
6. The Rajasthan Electricity Reform Act, 1999 (Rajasthan Act 23 of 1999).
7. The Delhi Electricity Reforms Act, 2000 (Delhi Act 2 of 2001).
8. The Madhya Pradesh Vidyut Sudhar Adhiniyam, 2000 (Madhya Pradesh Act 4 of 2001).
[ix][9. Gujarat Electricity Industry (Reorganisation and Regulation) Act, 2003 (Gujarat Act 24 of 2003).
References
[i] Substituted by Act 26 of 2007, S. 19 (w.e.f. 15-6-2007).
[ii] The words “and elimination” omitted by Act 26 of 2007, S. 20(i) (w.e.f. 15-6-2007).
[iii] The words “and elimination” omitted by Act 26 of 2007, S. 20(ii) (w.e.f. 15-6-2007).
[iv] Substituted by Act 26 of 2007, S. 20(iii) (w.e.f. 15-6-2007).
[v] The words “and elimination” omitted by Act 26 of 2007, S. 21(i) (w.e.f. 15-6-2007).
[vi] The words “and elimination” omitted by Act 26 of 2007, S. 21(ii) (w.e.f. 15-6-2007).
[vii] The words “and elimination” omitted by Act 26 of 2007, S. 21(iii) (w.e.f. 15-6-2007).
[viii] Substituted by Act 26 of 2007, S. 21(iv) (w.e.f. 15-6-2007).
[ix] Inserted by S.O. 1039(E), dt. 5-9-2003.
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