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The Chhattisgarh Upkar (Sanshodhan) Adhiniyam, 2013

The Chhattisgarh Upkar (Sanshodhan) Adhiniyam, 2013

Infrastructure1949181 sections

The Electricity Act of 2003 regulates the generation, transmission, distribution, trading, and use of electrical energy across India. It applies to all commercial power generation companies, grid operators, electrical utilities, traders, and electricity consumers. This law matters because it consolidates national electricity policies, establishes strong, independent regulatory commissions to manage tariff determination processes, and promotes competition to protect consumer interests. By encouraging efficiency and environmental sustainability, the law aims to reform the power sector, introduce open grid access for supply flexibility, and mandate rural electrification so that reliable and affordable power is safely distributed to households and industries across India.

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  1. 0. Preamble
  2. 1. (1) This Act may be called the Electricity Act, 2003.
  3. 2. Provided that different dates may be appointed for different provisions of this Act and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision.
  4. 3. (1) The Central Government shall, from time to time, prepare the national
  5. 4. The Central Government shall, after consultation with the State
  6. 5. The Central Government shall also formulate a national policy, in consultation
  7. 6. Governmental organisations or franchisees.
  8. 7. Any generating company may establish, operate and maintain a generating
  9. 8. (1)
  10. 9. (1) Notwithstanding anything contained in this Act, a person may
  11. 10. (1)
  12. 11. Transmission Utility, as the case may be, for transmission of the electricity generated by it.
  13. 12. No person shall
  14. 13. The Appropriate Commission may, on the recommendations, of the
  15. 14. The Appropriate Commission may, on application made to it under
  16. 15. Provided also that a distribution licensee shall not require a licence to undertake trading in electricity.
  17. 16. The Appropriate Commission may specify any general or specific
  18. 17. (1) No licensee shall, without prior approval of the Appropriate
  19. 18. Appropriate Commission, shall be void.
  20. 19. (1) If the Appropriate Commission, after making an enquiry, is
  21. 20. (1) Where the Appropriate Commission revokes under section 19 the
  22. 21. Commission may, if it deems fit, permit the intending purchaser to operate and maintain the utility system pending the completion of the sale.
  23. 22. (1) If the utility is not sold in the manner provided under section 20 or
  24. 23. If the Appropriate Commission is of the opinion that it is necessary or
  25. 24. (1) If at any time the Appropriate Commission is of the opinion that a
  26. 25. For the purposes of this Part, the Central Government may, make region-
  27. 26. (1) The Central Government may establish a centre at the national
  28. 27. Government company or any authority or corporation established or constituted by or under any Central Act, as may be notified by the Central Government.
  29. 28. Provided further that no Regional Load Despatch Centre shall engage in the business of generation of electricity or trading in electricity.
  30. 29. (1) The Regional Load Despatch Centre may give such directions
  31. 30. The State Commission shall facilitate and promote transmission, wheeling
  32. 31. (1) The State Government shall establish a Centre to be known as the
  33. 32. Provided further that no State Load Despatch Centre shall engage in the business of trading in electricity.
  34. 34. Every transmission licensee shall comply with such technical standards,
  35. 35. Standards, as may be specified by the Authority.
  36. 36. Commission.
  37. 37. The Appropriate Government may issue directions to the Regional Load
  38. 38. (1) The Central Government may notify any Government company
  39. 39. (1) The State Government may notify the Board or a Government
  40. 40. It shall be the duty of a transmission licensee -
  41. 41. A transmission licensee may, with prior intimation to the Appropriate
  42. 42. .(1) It shall be the duty of a distribution licensee to develop and maintain an
  43. 43. (1) Every distribution licensee, shall, on an application by the owner
  44. 44. Nothing contained in section 43 shall be taken as requiring a distribution
  45. 45. (1) Subject to the provisions of this section, the prices to be charged
  46. 46. The State Commission may, by regulations, authorise a distribution
  47. 47. Power to require security.
  48. 48. Additional terms of supply.
  49. 49. Where the Appropriate Commission has allowed open access to certain
  50. 50. The Electricity Supply Code.
  51. 51. (1) A distribution licensee may, with prior intimation to the
  52. 52. Provisions with respect to electricity traders
  53. 53. Provisions with respect to supply generally
  54. 54. (1) Save as otherwise exempted under this Act, no person other
  55. 55. Government.
  56. 56. (1) Where any person neglects to pay any charge for electricity or
  57. 57. Consumer protection: Standards of performance
  58. 58. The Appropriate Commission may specify different standards under sub-
  59. 59. (1) Every licensee shall, within the period specified by the
  60. 60. The Appropriate Commission may such issue directions as it considers
  61. 61. The Appropriate Commission shall, subject to the provisions of this Act,
  62. 62. (1) The Appropriate Commission shall determine the tariff in
  63. 63. licensee.
  64. 64. Procedure for tariff order.
  65. 65. Government.
  66. 66. Development of market.
  67. 67. Works of licensees
  68. 68. Provisions relating to overhead lines
  69. 69. (1) A licensee shall, before laying down or placing, within ten meters
  70. 70. Constitution and functions of Authority
  71. 71. No Member of the Authority shall have any share or interest,
  72. 72. The Authority may appoint a Secretary and such other officers
  73. 73. Authority.
  74. 74. It shall be the duty of every licensee, generating company or person
  75. 75. Directions by Central Government to Authority.
  76. 76. Constitution, powers and functions of Central Commission
  77. 77. Members of Central Commission.
  78. 78. Commission.
  79. 79. Court.
  80. 81. Commission and Secretary to the Government of India in charge of the Ministry or Department of the Central Government dealing with Consumer Affairs and Public Distribution System shall be the ex-officio Members of the Committee.
  81. 82. Constitution, powers and functions of the State Commissions
  82. 83. (1) Notwithstanding anything to the contrary contained in section 82,
  83. 84. Chairperson and Members of State Commission.
  84. 85. Commission
  85. 86. (1) The State Comm
  86. 87. Committee
  87. 88. Commission and the Secretary to State Government in charge of the Ministry or Department dealing with Consumer Affairs and Public Distribution System shall be the ex-officio Members of the Committee.
  88. 89. Appropriate Commission – Other Provisions
  89. 90. Removal of member.
  90. 91. Proceedings and powers of the Appropriate Commission
  91. 92. Proceedings of Appropriate Commission.
  92. 93. No act or proceedings of the Appropriate Commission shall be questioned
  93. 94. Powers of Appropriate Commission .
  94. 95. All proceedings before the Appropriate Commission shall be deemed to
  95. 96. The Appropriate Commission or any officer, not below the rank of a
  96. 97. The Appropriate Commission may, by general or special order in writing,
  97. 98. The Central Government may, after due appropriation made by Parliament
  98. 99. (1) There shall be constituted a Fund to be called the Central Electricity
  99. 100. Government
  100. 101. (1) The Central Commission shall prepare once every year, in such form
  101. 102. The State Government may, after due appropriation made by Legislature
  102. 103. (1) There shall be constituted a Fund to be called the State Electricity
  103. 104. Commission
  104. 105. State Government and that Government shall cause the same to be laid , as soon as may be after it is received, before the State Legislature.
  105. 106. The Appropriate Commission shall prepare, in such form and at such time
  106. 107. Directions by Central Government.
  107. 108. Directions by State Government.
  108. 109. Directions to Joint Commission.
  109. 110. Establishment of Appellate Tribunal.
  110. 111. Appeal to Appellate Tribunal.
  111. 112. Composition of Appellate Tribunal.
  112. 113. Chairperson and Member of the Appellate Tribunal.
  113. 114. Term of office.
  114. 115. The salary and allowances payable to, and the other terms and conditions
  115. 116. Vacancies.
  116. 117. (1) The Chairperson of the Appellate Tribunal or a Member of the
  117. 118. (1) In the event of the occurrence of any vacancy in the office of the
  118. 119. Tribunal..
  119. 120. Appellate Tribunal.
  120. 121. The Chairperson of the Appellate Tribunal shall exercise general power
  121. 122. (1) Where Benches are constituted, the Chairperson of the Appellate
  122. 123. Decision to be by majority.
  123. 124. (1) A person preferring an appeal to the Appellate Tribunal under
  124. 125. Appeal to Supreme Court.
  125. 127. Appeal to Appellate Authority.
  126. 128. (1) The Appropriate Commission may, on being satisfied that a
  127. 130. Commission shall have due regard to the extent to which any person is likely to sustain loss or damage due to such contravention.
  128. 131. REORGANISATION OF BOARD
  129. 132. In the event that a Board or any utility owned or controlled by the
  130. 133. (1) The State Government may, by a transfer scheme, provide for the
  131. 134. Notwithstanding anything contained in the In
  132. 135. OFFENCES AND PENALTIES
  133. 136. (1) Whoever, dishonestly --
  134. 137. Whoever, dishonestly receives any stolen electric lines or materials
  135. 138. (1) Whoever, -
  136. 139. Whoever, negligently causes electricity to be wasted or diverted or
  137. 140. Whoever, maliciously causes electricity to be wasted or diverted, or , with
  138. 141. Extinguishing public lamps.
  139. 142. In case any complaint is filed before the Appropriate Commission by any
  140. 144. While adjudicating the quantum of penalty under section 29 or section 33
  141. 145. No civil court shall have jurisdiction to entertain any suit or proceeding in
  142. 146. Whoever, fails to comply with any order or direction given under this Act,
  143. 147. The penalties imposed under this Act shall be in addition to, and not in
  144. 148. Government.
  145. 149. Offences by companies.
  146. 150. (1) Whoever abets an offence punishable under this Act, shall,
  147. 151. No court shall take cognizance of an offence punishable under this Act
  148. 152. Appropriate Commission or any of their officer authorized by them or a Chief Electrical Inspector or an Electrical Inspector or licensee or the generating company, as the case may be, for this purpose.
  149. 153. Constitution of Special Courts.
  150. 154. Special Court.
  151. 155. Save as otherwise provided in this Act, the Code of Criminal Procedure,
  152. 156. The High Court may exercise, so far as may be applicable, all the powers
  153. 157. Appeal and revision.
  154. 158. Where any matter is, by or under this Act, directed to be determined by
  155. 159. No person shall, in the generation, transmission, distribution, supply or
  156. 160. (1) Every person generating, transmitting, distributing, supplying or
  157. 161. (1) If any accident occurs in connection with the generation, transmission,
  158. 162. Appointment of Chief Electrical Inspector and Electrical Inspector.
  159. 163. (1) A licensee or any person duly authorised by a licence may, at
  160. 164. Telegraph Authority in certain cases.
  161. 165. (1) In section 40, sub-section (1) of clause (b) and section 41, sub-
  162. 166. (1) The Central Government shall constitute a Coordination Forum
  163. 167. Where any electric lines or electrical plant, belonging to a licensee are
  164. 168. No suit, prosecution or other proceeding shall lie against the Appropriate
  165. 169. The Chairperson, Members, officers and other employees of the Appellate
  166. 170. Any penalty payable by a person under this Act, if not paid, may be
  167. 171. (1) Every notice, order or document by or under this Act required, or
  168. 172. Transitional provisions.
  169. 173. Act to have overriding effect.
  170. 174. Protection Act, 1986 or the Atomic Energy Act, 1962 or the Railways Act, 1989.
  171. 175. The provisions of this Act are in addition to and not in derogation of any
  172. 176. Power of Central Government to make rules.
  173. 177. Powers of Authority to make regulations.
  174. 178. Powers of Central Commission to make regulations.
  175. 179. Parliament.
  176. 180. (1) The State Government may, by notification, make rules for
  177. 181. Powers of State Commissions to make regulations.
  178. 182. Every rule made by the State Government and every regulation made by
  179. 183. (1) If any difficulty arises in giving effect to the provisions of this
  180. 184. The provisions of this Act shall not apply to the Ministry or Department
  181. 185. Repeal and saving.

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