Section 4

Amendment status not verified — confirm the current text below against the official source.

Other Services four thousand rupees: ------------------------------------------------------------------------------------------ Provided that the Appropriate Government may, by notification in the Official Gazette, amend the rates specified in the Table above. (2) On payment of the sum of money in accordance with sub-section (1), any person in custody in connection with that offence shall be set at liberty and no proceedings shall be instituted or continued against such consumer or person in any criminal court. (3) The acceptance of the sum of money for compounding an offence in accordance with sub-section (1) by the Appropriate Government or an officer empowered in this behalf empowered in this behalf shall be deemed to amount to an acquittal within the meaning of section 300 of the Code of Criminal Procedure, 1973. (4)The Compounding of an offence under sub-section (1) shall be allowed only once for any person or consumer. The Electricity Act, 2003 ________________________________________________________________________ - 109 - PART XV SPECAIL COURTS Section 153. (Constitution of Special Courts): --- (1) The State Government may, for the purposes of providing speedy trial of offences referred to in 1[sections 135 to 140 and section 150], 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. (2) A Special Court shall consist of a single Judge who shall be appointed by the State Government with the concurrence of the High Court. (3) A person shall not be qualified for appointment as a Judge of a Special Court unless he was, immediately before such appointment, an Additional District and Sessions Judge. (4) Where the office of the Judge of a Special Court is vacant, or such Judge is absent from the ordinary place of sitting of such Special Court, or he is incapacitated by illness or otherwise for the performance of his duties, any urgent business in the Special Court shall be disposed of – (a) by a Judge, if any, exercising jurisdiction in the Special Court; (b) where there is no such other Judge available, in accordance with the direction of District and Sessions Judge having jurisdiction over the ordinary place of sitting of Special Court, as notified under sub- section (1). Section 154. (Procedure and power of Special Court): --- (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, every offence punishable under [2sections 135 to 140 and section 150] shall be triable only by the Special Court within whose jurisdiction such offence has been committed. (2) Where it appears to any court in the course of any inquiry or trial that an offence punishable under sections 135 to 139 in respect of any offence that the case is one which is triable by a Special Court constituted under this Act for the area in which such case has arisen, it shall transfer such case to such Special Court, and thereupon such case shall be tried and disposed of by such Special Court in accordance with the provisions of this Act : 1 Subs. by Act 26 of 2007, Sec.17 for the words “sections 135 to 139” (w.e.f. 15th June 2007). 2 Subs. by Act 26 of 2007, Sec.18 for the words “sections 135 to 139” (w.e.f. 15th June 2007). The Electricity Act, 2003 ________________________________________________________________________ - 110 - Provided that it shall be lawful for such Special Court to act on the evidence, if any, recorded by any court in the case of presence of the accused before the transfer of the case to any Special Court : Provided further that if such Special Court is of opinion that further examination, cross-examination and re-examination of any of the witnesses whose evidence has already been recorded, is required in the interest of justice, it may re-summon any such witness and after such further examination, cross- examination or re-examination, if any, as it may permit, the witness shall be discharged. (3) The Special Court may, notwithstanding anything contained in sub- section (1) of section 260 or section 262 of the Code of Criminal Procedure, 1973, try the offence referred to in sections 135 to 139 in a summary way in accordance with the procedure prescribed in the said Code and the provisions of sections 263 to 265 of the said Code shall, so far as may be, apply to such trial : Provided that where in the course of a summary trial under this sub- section, it appears to the Special Court that the nature of the case is such that it is undesirable to try such case in summary way, the Special Court shall recall any witness who may have been examined and proceed to re-hear the case in the manner provided by the provisions of the said Code for the trial of such offence: Provided further that in the case of any conviction in a summary trial under this section, it shall be lawful for a Special Court to pass a sentence of imprisonment for a term not exceeding five years. (4) A Special Court may, with a view to obtaining the evidence of any person supposed to have been directly or indirectly concerned in or privy to, any offence tender pardon to such person on condition of his making a full and true disclosure of the circumstances within his knowledge relating to the offence and to every other person concerned whether as principal or abettor in the commission thereof, and any pardon so tendered shall, for the purposes of section 308 of the Code of Criminal Procedure,1973, be deemed to have been tendered under section 307 thereof. (5) The 1[Special Court shall] determine the civil liability against a consumer or a person in terms of money for theft of energy which shall not be less than an amount equivalent to two times of the tariff rate applicable for a period of twelve months preceding the date of detection of theft of energy or the exact period of 1 Subs. by Act 26 of 2007, Sec.18 for the words “Special Court may” (w.e.f. 15th June 2007). The Electricity Act, 2003 ________________________________________________________________________ - 111 - theft if determined whichever is less and the amount of civil liability so determined shall be recovered as if it were a decree of civil court. (6) In case the civil liability so determined finally by the Special Court is less than the amount deposited by the consumer or the person, the excess amount so deposited by the consumer or the person, to the Board or licensee or the concerned person, as the case may be, shall be refunded by the Board or licensee or the concerned person, as the case may be, within a fortnight from the date of communication of the order of the Special Court together with interest at the prevailing Reserve Bank of India prime lending rate for the period from the date of such deposit till the date of payment. Explanation. - For the purposes of this section, “civil liability” means loss or damage incurred by the Board or licensee or the concerned person, as the case may be, due to the commission of an offence referred to in sections 135 to 139. Section 155. (Special Court to have powers of Court of Session): Save as otherwise provided in this Act, the Code of Criminal Procedure, 1973, insofar as they are not inconsistent with the provisions of this Act, shall apply to the proceedings before the Special Court and for the purpose of the provisions of the said enactments, the Special Court shall be deemed to be a Court of Session and shall have all powers of a Court of Session and the person conducting a prosecution before the Special Court shall be deemed to be a Public Prosecutor. Section 156. (Appeal and revision): The High Court may exercise, so far as may be applicable, all the powers conferred by Chapters XXIX and XXX of the Code of Criminal Procedure, 1973, as if the Special Court within the local limits of the jurisdiction of the High Court is a District Court, or as the case may be , the Court of Session , trying cases within the local limits of jurisdiction of the High Court. Section 157. (Review): 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 : The Electricity Act, 2003 ________________________________________________________________________ - 112 - Provided that the Special Court shall not allow any review petition and set aside its previous order or judgment without hearing the parties affected. Explanation.- For the purpose of this Part, "Special Courts" means the Special Courts constituted under sub-section (1) of section 153. The Electricity Act, 2003 ________________________________________________________________________ - 113 - PART XVI DISPUTE RESOLUTION Arbitration Section 158. (Arbitration): 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. The Electricity Act, 2003 ________________________________________________________________________ - 114 - PART XVII OTHER PROVISIONS Protective Clauses Section 159. (Protection of railways, highways, airports and canals, docks, wharfs and piers): 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, wharf 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. Section 160. (Protection of telegraphic, telephonic and electric signalling lines): --- (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, electrical plant and other works and in working his system, so as not injuriously to affect, whether by induction or otherwise, the working of any wire or line used for the purpose of telegraphic, telephone or electric signalling communication, or the currents in such wire or line. (2) Where any difference or dispute arises between the operator, and the telegraph authority as to whether the operator has constructed, laid down or placed his electric lines, electrical plant or other works, or worked his system, in contravention of sub-section (1), or as to whether the working of any wire, line or current is or is not injuriously affected thereby, the matter shall be referred to the Central Government and the Central Government, unless it is of opinion that the wire or line has been placed in unreasonable proximity to the electric lines, electrical plant or works of the operator after the construction of such lines, plant or works, may direct the operator to make such alterations in, or additions to, his system as may be necessary in order to comply with the provisions of this section, and the operator shall make such alterations or additions accordingly: Provided that nothing in this sub-section shall apply to the repair, renewal or amendment of any electric line or electrical plant so long as the course of the electric line or electrical plant and the amount and nature of the electricity transmitted thereby are not altered. (3) Where the operator makes default in complying with the requirements of this section, he shall make full compensation for any loss or damage incurred by The Electricity Act, 2003 ________________________________________________________________________ - 115 - reason thereof, and, where any difference or dispute arises as to the amount of such compensation, the matter shall be determined by arbitration. Explanation. - For the purposes of this section, a telegraph line shall be deemed to be injuriously affected if telegraphic, telephonic or electric signalling communication by means of such line is, whether through induction or otherwise, prejudicially interfered with by an electric line , electrical plant or other work or by any use made thereof. Section 161. (Notice of accidents and injuries): --- (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. (2) The Appropriate Government may, if it thinks fit, require any Electrical Inspector, or any other person appointed by it in this behalf, to inquire and report- (a) as to the cause of any accident affecting the safety of the public, which may have been occasioned by or in connection with, the generation, transmission, distribution, supply or use of electricity, or (b) as to the manner in, and extent to, which the provisions of this Act or rules and regulations made thereunder or of any licence, so far as those provisions affect the safety of any person, have been complied with. (3) Every Electrical Inspector or other person holding an inquiry under sub- section (2) shall have all the powers of a civil court under the Code of Civil Procedure, 1908 for the purpose of enforcing the attendance of witnesses and compelling the production of documents and material objects, and every person required by an Electrical Inspector be legally bound to do so within the meaning of section 176 of the Indian Penal Code. The Electricity Act, 2003 ________________________________________________________________________ - 116 - Section 162. (Appointment of Chief Electrical Inspector and Electrical Inspector): --- (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. (2) In the absence of express provision to the contrary in this Act, or any rule made thereunder, an appeal shall lie from the decision of a Chief Electrical Inspector or an Electrical Inspector to the Appropriate Government or if the Appropriate Government, by general or special order so directs, to an Appropriate Commission. Section 163. (Power for licensee to enter premises and to remove fittings or other apparatus of licensee): --- (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 – (a) inspecting, testing, repairing or altering the electric supply-lines, meters, fittings, works and apparatus for the supply of electricity belonging to the licensee; or (b) ascertaining the amount of electricity supplied or the electrical quantity contained in the supply; or (c) removing where a supply of electricity is no longer required, or where the licensee is authorised to take away and cut off such supply, any electric supply-lines, meters, fittings, works or apparatus belonging to the licensee. (2) A licensee or any person authorised as aforesaid may also, in pursuance of a special order in this behalf made by an Executive Magistrate and after giving not less than twenty-four hours notice in writing to the occupier, - (a) enter any premises or land referred to in sub-section (1) for any of the purposes mentioned therein; The Electricity Act, 2003 ________________________________________________________________________ - 117 - (b) enter any premises to which electricity is to be supplied by him, for the purpose of examining and testing the electric wires fittings, works and apparatus for the use of electricity belonging to the consumer. (3) Where a consumer refuses to allow a licensee or any person authorised as aforesaid to enter his premises or land in pursuance of the provisions of sub- section (1) or, sub-section (2), when such licensee or person has so entered, refuses to allow him to perform any act which he is authorised by those sub- sections to perform, or fails to give reasonable facilities for such entry or performance, the licensee may, after the expiry of twenty-four hours from the service of a notice in writing on the consumer, cut off the supply to the consumer for so long as such refusal or failure continues, but for no longer. Section 164. (Exercise of powers of Telegraph Authority in certain cases): 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 telegraph lines and posts for the purposes of a telegraph established or maintained, by the Government or to be so established or maintained. Section 165. (Amendment of sections 40 and 41 of Act 1 of 1894): --- (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. (2) The Appropriate Government may, on recommendation of the Appropriate Commission in this behalf, if it thinks fit, on the application of any person, not being a company desirous of obtaining any land for its purposes, direct that he may acquire such land under the provisions of the Land Acquisition Act, 1894 in the same manner and on the same conditions as it might be acquired if the person were a company. PART XVIII MISCELLANEOUS The Electricity Act, 2003 ________________________________________________________________________ - 118 - Section 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. Section 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. The Electricity Act, 2003 ________________________________________________________________________ - 119 - Section 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 employees 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. Section 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. Section 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. Section 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; The Electricity Act, 2003 ________________________________________________________________________ - 120 - (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. Section 172. (Transitional provisions): 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, authorizations, approvals, clearances and permissions; The Electricity Act, 2003 ________________________________________________________________________ - 121 - (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. Section 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 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. Section 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. Section 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. Section 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: - The Electricity Act, 2003 ________________________________________________________________________ - 122 - (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) of section 3; (b) the additional requirements 1[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 others 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 Commission under the proviso to sub- section (2) of section 90; 1 Subs. by Act 26 of 2007, Sec.19 for the words “(including the capital adequacy, creditworthiness or code of conduct) (w.e.f. 15th June 2007). The Electricity Act, 2003 ________________________________________________________________________ - 123 - (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 statement 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) 101; (p) the form in which and time at which the Central Commission shall prepare its budget under section 106; (q) the form and the 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 under 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; The Electricity Act, 2003 ________________________________________________________________________ - 124 - (z) any other matter which is required to be, or may be, prescribed. Section 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. Section 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 following matters, namely:- The Electricity Act, 2003 ________________________________________________________________________ - 125 - (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 1[***] 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 2[***] 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; 1 The words “and elimination” omitted by Act 26 of 2007, Sec.20 (w.e.f. 15th June 2007). 2 The words “and elimination” omitted by Act 26 of 2007, Sec.20 (w.e.f. 15th June 2007). The Electricity Act, 2003 ________________________________________________________________________ - 126 - (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; 1[(r) the manner of 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 application under sub-section (2) of section 64; (x) issue of tariff order with modifications or conditions under sub- section (3) 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 Central Commission under sub-section (3) of section 91; 1 Subs. by Act 26 of 2007, Sec.20 (w.e.f. 15th June 2007). The Electricity Act, 2003 ________________________________________________________________________ - 127 - (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. Section 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 the Parliament, while 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. Section 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; The Electricity Act, 2003 ________________________________________________________________________ - 128 - (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. Section 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. The Electricity Act, 2003 ________________________________________________________________________ - 129 - (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 of 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 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 term 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 1[***] 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; 1 The words “and elimination” omitted by Act 26 of 2007, Sec. 21 (w.e.f. 15th June 2007). The Electricity Act, 2003 ________________________________________________________________________ - 130 - (m) reduction 1[***] 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 2[***] 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; 1 The words “and elimination” omitted by Act 26 of 2007, Sec. 21 (w.e.f. 15th June 2007). 2 The words “and elimination” omitted by Act 26 of 2007, Sec. 21 (w.e.f. 15th June 2007). The Electricity Act, 2003 ________________________________________________________________________ - 131 - (zb) the period within which information to be furnished by the licensee under sub-section (1) of section 59; 1[(zc) the manner of reduction of cross-subsidies under clause (g) of section 61;] (zd) the terms and conditions for the 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; 1 Subs. by Act 26 of 2007, Sec.21 (w.e.f. 15th June 2007). The Electricity Act, 2003 ________________________________________________________________________ - 132 - (zo) the form of 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 matter 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. Section 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. Section 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 for 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. Section 184. (Provisions of the 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. Section 185. (Repeal and saving): --- (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. (2) Notwithstanding such repeal, - The Electricity Act, 2003 ________________________________________________________________________ - 133 - (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, in so far 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 section 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 Electricity Act, 2003 ________________________________________________________________________ - 134 - THE SCHEDULE. ENACTMENTS [See sub-section (3) of section 185] The schedule to this Act mentions the State Reforms Acts. Originally 8 enactments were incorporated: