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.
STATE AMENDMENT
Karnataka
Amendment of section 162.—In section 162 of the Principal Act, after sub-section
(2), the
following shall be inserted, namely:-
“
(3) where no provision is made by Central Government or the Authority in respect of powers
and functions and qualifications of Chief Electrical Inspector and Electrical Inspectors, the State
Government may by rules prescribe the same.”
[Vide Karnataka Act 39 of 2014, s. 3]
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.
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(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;
(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.
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
(13 of 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.
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 (1 of 1894) in the same manner and on the same conditions as it might be acquired if the person
were a company.
PART XVIII
MISCELLANEOUS
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.
75
(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.—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.—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.—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 (45 of 1860).
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.—
(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 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
76
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 (54 of 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.—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 (68 of 1986) or
the Atomic Energy Act, 1962 (33 of 1962) or the Railways Act, 1989 (24 of 1989).
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.—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.—
(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) 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;
1. Subs. by Act 26 of 2007, s. 19, for “(including the capital adequacy, creditworthiness or code of conduct)” (w.e.f. 15-6-2007).
77
(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 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) 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 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;
(z) any other matter which is required to be, or may be, prescribed.
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.
78
(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.—
(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:—
(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 1*** of surcharge and cross-subsidies under the second proviso to sub-clause (ii) of
clause
(c) of section 40;
1. The words “and elimination” omitted by Act 26 of 2007, s. 20 (w.e.f. 15-6-2007).
79
(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;
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;
(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.—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.
1. Subs. by Act 26 of 2007, s. 20, for clause
(r) (w.e.f. 15-6-2007).
80
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 the 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 the time at which the State Commission shall prepare its annual
accounts under sub-section
(1) of section 104;
(i) the form in which and the time at which the State Commission shall prepare its annual rep
