ELECTRICITY ACT, 1910
(1) This Act may be called the Indian Electricity Act, 1910.
1[(2) It extends to the whole of India 2[except the State of Jammu and Kashmir].]
(3) It shall come into force on such date3 as the Central Government may, by notification in the Official Gazette, direct in this behalf.
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1. Subs. by the A.O. 1950, for the original sub-section.
2. Subs. by Act 3 of 1951, sec. 3 and Sch., for “except Part B States”.
3. 1st January, 1911, see Gazette of India, 1910, Pt. I, p. 1236.
In this Act, expressions defined in the Indian Telegraph Act, 1885 (13 of 1885), 1[or in the Electricity (Supply) Act, 1948 (54 of 1948), have the meanings assigned to them in either of those Acts], and unless there is anything repugnant in the subject or context,—
2[(a) “appropriate Government” means in relation to any works or electric installations belonging to, or under the control of, the Central Government or in relation to any mines, oilfields, railways, aerodromes, telegraphs, broadcasting stations and any works of defence, the Central Government, and in any other case, the State Government;]
(b) “area of supply” means the area within which alone a licensee is for the time being authorised by his license to supply energy;
3[(ba) “area of transmission” means the area within
(1) The State Government may, on application made in the prescribed form and on payment of the prescribed fee (if any) 1[grant after consulting the State Electricity Board, a license to any person] to supply energy in any specified area, and also to lay down or place electric supply-lines for the conveyance and transmission of energy,—
(a) where the energy to be supplied is to be generated outside such area, from a generating station situated outside such area to the boundary of such area, or
(b) where energy is to be conveyed or transmitted from any place in such area to any other place therein, across an intervening area not included therein, across such area.
(2) In respect of every such license and the grant thereof the following provisions shall have effect, namely:—
(1) The State Government may, if in its opinion the public interest so requires 1[and after consulting the State Electricity Board], revoke a license in any of the following cases, namely:—
(a) where the licensee, in the opinion of the State Government, makes wilful and unreasonably prolonged default in doing anything required of him by or under this Act;
(b) where the licensee breaks any of the terms or conditions of his license the breach of which is expressly declared by such license to render it liable to revocation;
(c) where the licensee fails, within the period fixed in this behalf by his license or any longer period which the State Government may substitute therefor by order under 2[section 4A, sub-section (1)], and before exercising any of the powers conferred on him
(1) Where in its opinion the public interest so permits, the State Government, on the application, of the licensee or otherwise and, after consulting the State Electricity Board, and if the licensee is not a local authority, also the local authority, if any, concerned, may make such alterations and amendments in the terms and conditions of a license, including the provisions specified in section 3, sub-section (2), clause (f), as it thinks fit:
Provided that no such alterations or amendments shall be made except with the consent of the licensee unless such consent has, in the opinion of the State Government, been unreasonably withheld.
(2) Where the licensee has made an application under sub-section (1) proposing any alterations or amendments in his license, the following provisions shall have effect, namely:—
(1) Where the State Government revokes, under section 4, sub-section (1), the license of a licensee, the following provisions shall have effect, namely:—
(a) the State Government shall serve a notice of revocation upon the licensee and shall fix a date on which the revocation shall take effect; and on and with effect from that date, or on and with effect from the date, if earlier, on which the undertaking of the licensee is sold to a purchaser in pursuance of any of the succeeding clauses or is delivered to a designated purchaser in pursuance of sub-section (3) all the powers and liabilities of the licensee under this Act shall absolutely cease and determine;
(b) the State Government shall enquire from the State Electricity Board, and where the licensee is not a local authority, also from any local authority constituted for t
(1) Where a license has been granted to any person, not being a local authority, the State Electricity Board shall,—
(a) in the case of a license granted before the commencement of the Indian Electricity (Amendment) Act, 1959 (32 of 1959), on the expiration of each such period as is specified in the license; and
(b) in the case of license granted on or after the commencement of the said Act, on the expiration of such period not exceeding 2[thirty] years and of every such subsequent period, not exceeding 2[twenty] years, as shall be specified in this behalf in the license,
have the option of purchasing the undertaking and such option shall be exercised by the State Electricity Board serving upon the licensee a notice in writing of not less than one year requiring the licensee to sel
Where an undertaking is sold under section 5 or section 6, then upon the completion of the sale or on the date on which the undertaking is delivered to the intending purchaser under sub-section (3) of section 5 or under sub-section (6) of section 6, as the case may be, whichever is earlier—
(i) the undertaking shall vest in the purchaser or the intending purchaser, as the case may be, free from any debt, mortgage or similar obligation of the licensee or attaching to the undertaking:
Provided that any such debt, mortgage or similar obligation shall attach to the purchase money in substitution for the undertaking;
(ii) the rights, powers, authorities, duties and obligations of the licensee under his license shall stand transferred to the purchaser and such purchaser shal
(1) Where an undertaking of a licensee, not being a local authority, is sold under sub-section (1) of section 5, the purchase price of the undertaking shall be the market value of the undertaking at the time of purchase or where the undertaking has been delivered before the purchase under sub-section (3) of that section, at the time of the delivery of the undertaking and if there is any difference or dispute regarding such purchase price, the same shall be determined by arbitration.
(2) The market value of an undertaking for the purpose of sub-section (1) shall be deemed to be the value of all lands, buildings, works, materials and plant of the licensee suitable to, and used by him, for the purpose of the undertaking, other than (i) a generating station declared by the license not to form part of the undertaking for the purpose of purchase, and (ii) service-lines or other capital w
Where, on the expiration of any of the periods referred to 1[section 6, sub-section (1)], 1[the undertaking is not purchased by the State Electricity Board, the State Government or the local authority], and the license is, on the application or with the consent of the licensee, revoked, the licensee shall have the option of disposing of all lands, buildings, works, materials and plant belonging to the undertaking in such manner as he may think fit:
Provided that, if the licensee does not exercise such option within a period of six months, the State Government may proceed to take action as provided in 2[section 5, sub-section (4), proviso].
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1. Subs. by Act 32 of 1959, sec. 8, for certain words.
2. Subs. by Act 32 of 1959, sec. 8, for “section
.—(1) The licensee shall not, at any time without the previous consent in writing of the State Government, acquire, by purchase or otherwise, the license or the undertaking of, or associate himself so far as the business of supplying energy is concerned with any person supplying, or intending to supply, energy under any other license, and, before applying for such consent, the licensee shall give not less than one month’s 1[notice of the application—
(a) to the State Electricity Board; and
(b) to every local authority both in the licensee’s area of supply and also in the area in which such other person supplies, or intends to supply, energy]:
Provided that nothing in this sub-section shall be construed to require the consent of the State Government for the supply of energy by one l
Notwithstanding anything in 1[sections 5, 6 and 8], the State Government may, 2[***] in any license to be granted under this Act,—
(a) vary the terms and conditions upon which, and the periods on the expiration of which, the licensee shall be bound to sell his undertaking, or
(b) direct that, subject to such conditions and restrictions (if any) as it may think fit to impose, the provisions of the said sections or any of them shall not apply.
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1. Subs. by Act 32 of 1959, sec. 10, for “sections 5, 7 and 8”.
2. The words “with the previous sanction of the G.G. in C.” omitted by Act 38 of 1920, sec. 2 and Sch. I, Pt. I.
(1) Every licensee shall, unless expressly exempted from the liability by his license, or by order in writing of the State Government, prepare and render to the State Government or to such authority as the State Government may appoint in this behalf, on or before the prescribed date in each year, an annual statement of accounts of his undertaking made up to such date, in such form, and containing such particulars, as may be prescribed in this behalf.
(2) The licensee shall keep copies of such annual statement at his office and sell the same to any applicant at a price not exceeding five rupees per copy.
(1) Any licensee may, from time to time but subject always to the terms and conditions of his license, within the area of supply, or, when permitted by the terms of his license to lay down or place electric supply-lines without the area of supply, without that area—
(a) open and break up the soil and pavement of any street, railway or tramway;
(b) open and break up any sewer, drain or tunnel in or under any street, railway or tramway;
(c) lay down and place electric supply-lines and other works;
(d) repair, alter or remove the same; and
(e) do all other acts necessary for the due supply of energy.
(2) Nothing contained in sub-secti
(1) Where the exercise of any of the powers of a licensee in relation to the execution of any works involves the placing of any works, in, under, over, along or across any street, part of a street, railway, tramway, canal or waterway, the following provisions shall have effect, namely:—
(a) not less than one month before commencing the execution of the works 1[***] the licensee shall serve upon the person responsible for the repair of the street or part of a street (hereinafter in this section referred to as “the repairing authority”) or upon the person for the time being entitled to work the railway, tramway, canal or waterway (hereinafter in this section referred to as “the owner”), as the case may be, a notice in writing describing the proposed works together with a section and plan thereof on a scale sufficiently large to show clearly the details of the proposed works, an
(1) Any licensee may alter the position of any pipe (not forming, in a case where the licensee is not a local authority, part of a local authority’s main sewer), or of any wire under or over any place which he is authorised to open or break up, if such pipe or wire is likely to interfere with the exercise of his powers under this Act; and any person may alter position of any electric supply-lines or works of a licensee under or over any such place as aforesaid, if such electric supply-lines or works are likely to interfere with the lawful exercise of any powers vested in him.
(2) In any such case as aforesaid the following provisions shall, in the absence of an agreement to the contrary between the parties concerned, apply, namely:—
(a) not less than one month before commencing any alteration, the licensee or other person desiring
(1) Where—
(a) the licensee requires to dig or sink any trench for laying down any new electric supply-lines or other works, near to which any sewer, drain, water-course or work under the control of the State Government or of any local authority, or any pipe, syphon, electric supply-line or other work belonging to any duly authorised person, has been lawfully placed, or
(b) any duly authorised person requires to dig or sink any trench for laying down or constructing any new pipes or other works, near to which any electric supply-lines or works of a licensee have been lawfully placed,
the licensee or such duly authorized person, as the case may be (hereinafter in this section referred to as “the operator”), shall, unless it is otherwise agreed upon between the parties interested or
(1) Where any person, in exercise of any of the powers conferred by or under this Act, opens or breaks up the soil or pavement of any street, railway or tramway or any sewer, drain or tunnel, he shall—
(a) immediately cause the part opened or broken up to be fenced and guarded;
(b) before sunset cause a light or lights, sufficient for the warning of passengers, to be set up and maintained until sunrise against or near the part opened or broken up;
(c) with all reasonable speed fill in the ground and reinstate and make good the soil or pavement, or the sewer, drain or tunnel, opened or broken up, and carry away the rubbish occasioned by such openings or breaking up; and
(d) after reinstating and making good the soil or pavemen
(1) A licensee shall, before laying down or placing, within ten yards of any part of any telegraph-line, any electric supply-line or other works 1[not being either service-lines], or electric supply-lines for the repair, renewal or amendment of existing works of which the character or position is not to be altered, give not less than ten day’s notice in writing to the telegraph-authority, specifying—
(a) the course of the works or alterations proposed,
(b) the manner in which the works are to be utilised,
(c) the amount and nature of the energy to be transmitted, and
(d) the extent to, and manner in, which (if at all) earth returns are to be used,
and the licensee shall conform wit
(1) Save as provided in section 13, sub-section (3), nothing in this Part shall be deemed to authorise or empower a licensee to place any 1[overhead line] along or across any street, railway, tramway, canal or waterway unless and until the State Government has communicated to him a general approval in writing of the methods of construction which he proposes to adopt:
Provided that the communication of such approval shall in no way relieve the licensee of his obligations with respect to any other consent required by or under this Act.
(2) Where any 1[overhead line] has been placed or maintained by a licensee in breach of the provisions of sub-section (1), the State Government may require the licensee forthwith to remove the same, or may cause the same to be removed, and recover from the licensee the expenses incurred in such removal.
&
(1) A licensee shall, in exercise of any of the powers conferred by or under this Act, cause as little damage, detriment and inconvenience as may be, and shall make full compensation for any damage, detriment or inconvenience caused by him or by any one employed by him.
(2) Save in the case provided for in section 12, sub-section (3), where any difference or dispute arises as to the amount or the application of such compensation the matter shall be determined by arbitration.
For the purposes of this Act, the point at which the supply of energy by a licensee to a consumer shall be deemed to commence shall be determined in such manner as may be prescribed.]
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1. Ins. by Act 1 of 1922, sec. 6.
—(1) A licensee or any person duly authorised by a licensee may, at any reasonable time, and on informing the occupier of his intention, enter any premises to which energy is or has been supplied by him, 1[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) 2[inspecting, testing, repairing or altering] the electric supply lines, meters, fittings, works and apparatus for the supply of energy belonging to the licensee; or
(b) ascertaining the amount of energy supplied or the electrical quantity contained in the supply; or
(c) removing where a supply of energy is no longer required, or where the licensee is authorised to take away and cut off such supply, any elec
(1) A licensee shall not be entitled to prescribe any special form of appliance for utilising energy supplied by him, or, save as provided 1[in any conditions made under sub-section (2) or] by section 23, sub-section (2), or by section 26, sub-section (7), in any way to control or interfere with the use of such energy:
Provided that no person may adopt any form of appliance, or use the energy supplied to him, so as unduly or improperly to 2[interfere with—
(a) the safety or efficient working of a licensee’s electric supply-lines or other works; or
(b) the supply of energy by the licensee to any other person].
3[(2) 4[***] A licensee may, with the previous sanction of the State Government, given after consulting 5[the State Electricity B
Where energy is supplied by a licensee, every person within the area of supply shall, except in so far as is otherwise provided by the terms and conditions of the license, be entitled, on application, to a supply on the same terms as those on which any other person in the same area is entitled in similar circumstances to a corresponding supply:
Provided that no person shall be entitled to demand, or to continue to receive, from a licensee a supply of energy for any premises having a separate supply unless he has agreed with the licensee to pay to him such minimum annual sum as will give him a reasonable return on the capital expenditure, and will cover other standing charges incurred by him in order to meet the possible maximum demand for those premises, the sum payable to be determined in case of difference or dispute by arbitration.
(1) If the State Government is of opinion that it is necessary or expedient so to do, for maintaining the supply and securing the equitable distribution of energy, it may by order provide for regulating the supply, distribution, consumption or use thereof.
(2) Without prejudice to the generality of the powers conferred by sub-section (1) an order made thereunder may direct the licensee not to comply, except with the permission of the State Government, with—
(i) the provisions of any contract, agreement or requisition whether made before or after the commencement of the Indian Electricity (Amendment) Act, 1959, for the supply (other than the resumption of a supply) or an increase in the supply of energy to any person, or
(ii) any requisition for the resumption of supply of energy to
(1) The State Government may, if in its opinion it is necessary in the public interest so to do, direct any licensee to supply, in preference to any other consumer, energy required by any establishment which being in the opinion of the State Government an establishment used or intended to be used for maintaining supplies and services essential to the community, is notified by that Government in the Official Gazette in this behalf.
(2) Where any direction is issued under sub-section (1) requiring a licensee to supply energy to any establishment and any difference or dispute arises as to the price or other terms and conditions relating to the supply of energy, the licensee shall not by reason only of such difference or dispute be entitled to refuse to supply energy but such difference or dispute shall be determined by arbitration.
(3) Wher
(1) A licensee shall not, in making any agreement for the supply of energy, show under preference to any person 1[***].
(2) No consumer shall, except with the consent in writing of the licensee, use energy supplied to him under one method of charging in a manner for which a higher method of charging is in force.
2[(3) In the absence of an agreement to the contrary, a licensee may charge for energy supplied by him to any consumer—
(a) by the actual amount of energy so supplied, or
(b) by the electrical quantity contained in the supply, or
(c) by such other method as may be approved by the State Government.
(4) Any charges made by a licensee und
1[(1)] Where any person neglects to pay any charge for energy or any 2[sum, other than a charge for energy,] due from him to a licensee in respect of the supply of energy to him, the licensee may, after giving not less than seven clear days’ notice in writing to such person and without prejudice to his right to recover such charge or other sum by suit, cut off the supply and for that purpose cut or disconnect any electric supply-line or other works, being the property of the licensee, through which energy may be supplied, and may discontinue the supply until such charge or other sum, together with any expenses incurred by him in cutting off and re-connecting the supply, are paid, but no longer.
3[(2)] 4[***] Where any difference or dispute 5[which by or under this Act is required to be determined by an Electrical Inspector, has been referred to the Inspector] before notice as afore
Where any electric supply-lines, meters, fittings, works or apparatus belonging to a licensee are placed in or upon any premises 1[or land], not being in the possession of the licensee, 2[***] such electric supply-lines, meters, fittings, works and apparatus 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.
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1. Ins. by Act 32 of 1959, sec. 18.
2. The words “for the purposes of supplying energy” omitted by Act 32 of 1959, sec. 18.
(1) In the absence of an agreement to the contrary, the amount of energy supplied to a consumer or the electrical quantity contained in the supply shall be ascertained by means of a correct meter, and the licensee shall, if required by the consumer, cause the consumer to be supplied with such a meter:
Provided that the licensee may require the consumer to give him security for the price of a meter and enter into an agreement for the hire thereof, unless the consumer elects to purchase a meter.
(2) Where the consumer so enters into an agreement for the hire of a meter, the licensee shall keep the meter correct, and, in default of his doing so, the consumer shall, for so long as the default continues, cease to be liable to pay for the hire of the meter.
(3) Where the meter is the property of the
—(1) Until the Central Commission is established, the Central Government and thereafter the Central Commission may, subject to the provisions of sub-section (4), grant a transmission license to any person.
(2) A transmission license granted under sub-section (1) may authorise the transmission licensee to construct, maintain and operate any inter-State transmission system under the direction, control and supervision of the Central Transmission Utility.
(3) Every application under sub-section (l) shall be—
(a) subject to such terms and conditions;
(b) in such form; and
(c) accompanied by such fees,
as may be notified by the Central Government or
(1) The State Government shall, by notification in the Official Gazette, specify the State Electricity Board or any Government company as the State Transmission Utility.
(2) The functions of the State Transmission Utility shall be to—
(a) undertake transmission of energy through intra-State transmission system;
(b) discharge all functions of planning and co-ordination relating to intra-State transmission system with—
(i) Central Transmission Utility;
(ii) State Governments;
(iii) generating companies;
(iv) Regional Electricity Boards;
(1) The Central Government shall, by notification in the Official Gazette, specify any Government company as the Central Transmission Utility.
(2) The Functions of the Central Transmission Utility shall be to—
(a) undertake transmission of energy through inter-State transmission system;
(b) discharge all functions of planning and co-ordination relating to inter-State transmission system with—
(i) State Transmission Utilities;
(ii) Central Government;
(iii) State Governments;
(iv) generating companies;
(v) Regional
(1) Until the State Commission is established, the State Government and thereafter the State Commission may, subject to the provisions of sub-section (4), grant a transmission license to any person.
(2) A transmission license granted under sub-section (1) may authorise the transmission licensee to construct, maintain and operate any intra-State transmission system under the direction, control and supervision of the State Transmission Utility.
(3) Every application under sub-section (1) shall be—
(a) subject to such terms and conditions;
(b) in such form; and
(c) accompanied by such fees,
as may be notified by the State Government or by the St
Notwithstanding anything in this Act, the 1[State Government] may, by order in writing, and subject to such conditions and restrictions, if any, as it thinks fit to impose, authorise any licensee to supply energy to any person outside the area of supply, and to lay down or place electric supply-lines for that purpose:
Provided, first, that no such authority shall be conferred on the licensee within the area of supply of another licensee without that licensee’s consent, unless the State Government considers that his consent has been unreasonably withheld:
Provided, secondly, that such authority shall not be conferred unless the person to whom the supply is to be given has entered into a specific agreement with the licensee for the taking of such supply:
Provided, thirdly, that a licensee on who
(1) Every notification issued and every order made by the Central Government under this Part shall be laid, as soon as may be after it is made, before each House of 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 notification or order or both Houses agree that the notification or order should not be made, the notification or order 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 notification or order.
(2) Every notification issued by the State G
The provisions of section 12 to 19 (both inclusive), section 25 and clauses XIV to XVII (both inclusive) of the Schedule shall, as far as may be, apply to a transmission licensee subject to the modification that references to “license” and “licensee” shall be construed as references to “transmission license” and “transmission licensee”, respectively.]
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1. Ins. by Act 22 of 1998, sec. 3 (w.e.f. 31-12-1998).
1[(1) No person, other than a licensee, shall engage in the business of supplying energy to the public except with the previous sanction of the State Government and in accordance with such conditions as the State Government may fix in this behalf, and any agreement to the contrary shall be void.
(1A) The State Government shall not give any sanction under sub-section (1)—
(a) except after consulting the State Electricity Board; and
(b) except with the consent—
(i) in any case where energy is to be supplied in any area for which a local authority is constituted, of that local authority;
(ii) in any case where energy is to be supplied in any area forming part of any cantonment
(1) The local authority may, by order in writing, confer and impose upon any person, who has obtained the sanction of the 1[State Government] under section 28 to engage in the business of supplying energy, 2[to the public], all or any of the powers and liabilities of a licensee under sections 12 to 19, both inclusive, and the provisions of the said sections shall thereupon apply as if such person were a licensee under Part II.
(2) A local authority, not being a licensee, shall, for the purpose of lighting any street, have the powers and be subject to the liabilities respectively conferred and imposed by sections 12 to 19 (both inclusive), so far as applicable, as if it were a licensee under Part II.
(3) In cases other than those for which provision is made by sub-section (1), the person responsible for the repair of any street may, by or
The provisions of sub-sections (3) and (4) of section 18 and of the Explanation thereto shall apply in the case of any 2[overhead line] placed by any railway administration as defined 3[in clause (32) of section 2 of the Railways Act, 1989 (24 of 1989),] as if references therein to the licensee were references to the railway administration.]
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1. Ins. by Act 40 of 1923, sec. 2.
2. Subs. by Act 32 of 1959, sec. 2, for “aerial line”.
3. Subs. by Act 22 of 1998, sec. 4 for “in section 3 of the Indian Railways Act, 1890 (9 of 1890)“ (w.e.f. 31-12-1998).
(1) 1[Save as otherwise exempted under this Act, no person other than Central Transmission Utility, State Transmission Utility, a transmission licensee, a licensee or a person to whom sanction is granted under section 28, duly authorised under the terms of his license or sanction, as the case may be, shall transmit or use energy at a rate exceeding two hundred and fifty watts and one hundred volts—]
(a) in any street, or
(b) in any place,—
(i) in which one hundred or more persons are likely ordinarily to be assembled, or
(ii) which is a factory within the meaning of the Factories Act, 1948 (63 of 1948) or a mine within the meaning of the Mines Act, 1952 (35 of 1952), or
No person shall, in the generation, transmission, supply or use of energy, in any way injure any railway, 1[aerodrome,] 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, 1[airway,] tramway, canal or water-way.
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1. Ins. by Act 32 of 1959, sec. 23.
(1) Every person generating, transmitting, supplying or using energy (hereinafter in this section referred to as the “operator”) shall take all reasonable precautions in constructing, laying down and placing his electric supply-lines 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 supply-lines 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 1[th
1[(1) If any accident occurs in connection with the generation, transmission, supply or use of energy in or in connection with, any part of the electric supply-lines or other works 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 and to such other authorities as the appropriate Government may by general or special order, direct.]
(2) 2[The appropriate Government] may, if it thinks fit, require any 3[Electrical Inspector], or any other competent person appointed by it in this behalf, to inquire and report—
(a) as to the cause of any accident
(1) No person shall, in the generation, transmission, supply or use of energy, permit any part of his electric supply-lines to be connected with earth except so far as may be prescribed in this behalf or may be specially sanctioned by the 1[appropriate Government].
(2) If at any time it is established to the satisfaction of the 1[appropriate Government]—
(a) that any part of an electric supply-line is connected with earth contrary to the provisions of sub-section (1), or
(b) that any electric supply-lines or other works for the generation, transmission, supply or use of energy are attended with danger to the public safety or to human life or injuriously affect any telegraph-line, or
(c) that any electric supply-lines or other works
1[(1) The Central Government may, for the whole or any part of the territories to which this Act extends, and each State Government may, for the whole or any part of the State, by notification in the Official Gazette, constitute an Advisory Board.]
(2) Every such Board shall consist of a chairman and not less than two other members.
2[***]
3[(3)] The Central Government or the 4[State Government], as the case may be, may 5[by general or special order published in the Official Gazette],—
6[(a) determine the number of members of which any such Board shall be constituted and the manner in which such members shall be appointed,]
6(b) define the duties and regulate the procedure of any such Board.
[Rep. by the Indian Electricity (Amendment) Act, 1959 (32 of 1959), sec. 28.]
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1. Section 36B was inserted by the Adaptation of Laws (No. 2) Order, 1956.
(1) The appropriate Government may, by notification in the Official Gazette, appoint duly qualified persons to be Electrical Inspectors and every Electrical Inspector so appointed shall exercise the powers and perform the functions of an Electrical Inspector under this Act 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 an Electrical Inspector to the appropriate Government or if the appropriate Government, by general or special order so directs, to an Advisory Board.]
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1. Subs. by Act 32 of 1959, sec. 26, for the former section.
(1) A Board to be called the Central Electricity Board shall be constituted to exercise the powers conferred by section 37.
2[(2)] The Central Electricity Board shall consist of the following members, namely:—
(a) a chairman and five other members to be nominated by the Central Government;
(b) one member to be nominated by the Governments of each of the States, not being a Union territory, to which this Act extends;
(c) one member to be nominated by the Central Government to represent each of the Union territories of Delhi and Himachal Pradesh;
(d) one member to be nominated by the Central Government to represent the Union territories of Manipur, Tripura and the Andaman and Nicobar
(1) The 1[Central Electricity Board] may make rules, for 2[the whole or any part of the territories to which this Act extends], to regulate the generation, transmission, supply and use of energy, and, generally, to carry out the purposes and objects of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may—
(a) prescribe the form of applications for licences and the payments to be made in respect thereof;
(b) regulate the publication of notices;
(c) prescribe the manner in which objections with reference to any application under Part II are to be made.
(d) provide for the preparation and submission of accounts by licensees in a sp
(1) The power to make rules under section 37 shall be subject to the condition of the rules being made after previous publication.
(2) The date to be specified in accordance with clause (3) of section 23 of the General Clauses Act, 1897 (10 of 1897), as that after which a draft of rules proposed to be made under section 37 will be taken into consideration shall not be less than three months from the date on which the draft of the proposed rules was published for general information.
1[(3) Every rule made under section 37 shall be published in the Gazette of India and shall be laid, as soon as may be after it is made, before each House of 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 fol
Whoever dishonestly abstracts, consumes or uses any energy shall be punishable with imprisonment for a term which may extend to three years, or with fine which shall not be less than one thousand rupees, or with both: and if it is proved that any artificial means or means not authorised by the licensee exist for the abstraction, consumption or use of energy by the consumer, it shall be presumed, until the contrary is proved, that any abstraction, consumption or use of energy has been dishonestly caused by such consumer.
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1. Subs. by Act 31 of 1986, sec. 2, for the former sec. 39.
Whoever abets an offence punishable under section 39 or section 44 shall, notwithstanding anything contained in section 116 of the Indian Penal Code (45 of 1860), be punished with punishment provided for the offence.]
—Whoever maliciously causes energy to be wasted or diverted, or, with intent to cut off the supply of energy, cuts or injures, or attempts to cut or injure, any electric supply-line or works, shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to one thousand rupees, or with both.
Whoever, in contravention of the provisions of section 28 engages in the business of supplying energy shall be punishable with fine which may extend to three thousand rupees, and in the case of a continuing contravention, with a daily fine which may extend to three hundred rupees.
Whoever, in contravention of the provisions of this Act or regulations or license conditions, engages in the business of transmission of energy shall be punishable with fine which may extend to three thousand rupees and in case of a continuing contravention, with a daily fine which may extend to three hundred rupees.]
—————
1. Ins. by Act 22 of 1998, sec. 6 (w.e.f. 31-12-1998).
Whoever—
(a) being a licensee or a person who has obtained the sanction of the State Government under section 28 to engage in the business of supplying energy to the public, save as permitted under section 27 or section 51 or by his license or as the case may be, by the conditions of sanction, supplies energy or lays down or places any electric supply-line or works outside the area of supply; or
(b) being a licensee or a person who has obtained the sanction of the State Government as aforesaid, in contravention of the provisions of this Act or of the rules thereunder, or in breach of the conditions of license or of the sanction, as the case may be, and without reasonable excuse, the burden of proving which shall lie on him discontinues the supply of energy or fails to supply energy, or
Whoever, in contravention of the provisions of section 30, transmits or uses energy without giving the notice required thereby, shall be punishable with fine which may extend to five hundred rupees, and, in the case of a continuing offence, with a daily fine which may extend to fifty rupees.
Whoever—
(a) connects any meter referred to in section 26, sub-section (1), or any meter, indicator or apparatus referred to in section 26, sub-section (7), with any electric supply-line through which energy is supplied by a licensee, or disconnects the same from any such electric supply-line 1[***]; or
2[(aa) unauthorisedly re-connects any meter referred to in sub-section (1) of section 26, or any meter, indicator or apparatus referred to in sub-section (7) of section 26, with any electric supply-line or other works, being the property of the licensee, through which energy may be supplied, when the said electric supply line or other works has or have been cut or disconnected under sub-section (1) of section 24; or]
(b) lays, or causes to be laid, or connects up any works for the p
Whoever maliciously extinguishes any public lamp shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to three hundred rupees, or with both.
Whoever negligently causes energy to be wasted or diverted, or negligently breaks, throws down or damages any electric supply-line, post, pole or lamp or other apparatus connected with the supply of energy, shall be punishable with fine which may extend to two hundred rupees.
Whoever, in any case not already provided for by 1[section 39, section 39A or section 40] to 46 (both inclusive), makes default in complying with any of the provisions of this Act, or with any order issued under it, or, in the case of a licensee, with any of the conditions of his license, 2[or in the case of a person who has obtained the sanction of the State Government under section 28, with any of the conditions of the sanction], shall be punishable with fine which may extend to one hundred rupees, and, in the case of a continuing default, with a daily fine which may extend to twenty rupees:
Provided that, where a person has made default complying with any of the provisions of sections 13, 14, 15, 17 and 32, as the case may be, he shall not be so punishable if the court is of opinion that the case was one of emergency and that the offender complied with the said provisions as far
The penalties imposed by 1[section 39, section 39A or sections 40] to 47 (both inclusive) shall be in addition to, and not in derogation of, any liability in respect of the payment of compensation or, in the case of a licensee the revocation of his license, which the offender may have incurred.
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1. Subs. by Act 31 of 1986, sec. 4, for “section 39”.
The provisions of 1[sections 39, 39A, 40,] 44, 45 and 46 shall, so far as they are applicable, be deemed to apply also when the acts made punishable thereunder are committed in the case of energy supplied by or of works belonging to 2[the Central Government or any 3[State Government].
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1. Subs. by Act 31 of 1986, sec. 5, for “sections 39, 40”.
2. Subs. by the A.O. 1948, for “any Government in British India”.
3. Subs. by A.O. 1950, for “Provincial”.
(1) If the person committing an offence under this Act is a company, every person who at the time the offence was committed was in charge of, and was responsible to the company for the conduct of the business of the company as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:
Provided that nothing contained in this sub-section shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director or manager, secretary or
No prosecution shall be instituted against any person for any offence against this Act or any rule, license or order thereunder, except at the instance of the Government 1[or a State Electricity Board] or an 2[Electrical Inspector], or of a person aggrieved by the same.
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1. Ins. by Act 31 of 1986, sec. 6.
2. Subs. by Act 32 of 1959, sec. 2, for “Electric Inspector”.
Notwithstanding anything contained in sections 12 to 16 (both inclusive) and sections 18 and 19, the Central Government in the case of inter-State transmission system and the State Government in the case of intra-State transmission system, as the case may be, may, by order in writing, for placing of electric supply-lines, appliances and apparatus for the transmission of energy or for the purpose of telephonic or telegraphic communication necessary for the proper co-ordination of works, confer upon any public officer, Central Transmission Utility, State Transmission Utility, licensee, transmission licensee or any other person engaged in the business of transmission or supplying energy to the public under this Act, subject to such conditions and restrictions (if any) as the Central Government or the State Government, as the case may be, may think fit to impose, and to the provisions of the Indian Telegraph Act, 1885 (3 of 1885)
Where the State Government engages in the business of supplying energy to the public, it shall have all the powers and obligations of a licensee under this Act:
Provided that nothing in sections 3 to 11 (both inclusive), section 21, sub-sections (2) and (3), sections 22 and 27 or in clauses I to V (both inclusive), clause VII and clauses IX to XII (both inclusive) of the Schedule relating to the duties and obligations of a licensee shall apply to the State Government:
Provided further that the provisions of clause VI of the Schedule shall apply to the State Government in respect of that area only where distribution mains have been laid by the State Government and the supply of energy through any of them has commenced.]
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1. Ins. by Act 32 of 19
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 license of a licensee, be determined by such person or persons as the 1[State] Government 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 2[***] 3[Arbitration and Conciliation Act, 1996 (26 of 1996)]:
4[Provided that where the Government or a State Electricity Board is a party to a dispute, the dispute shall be referred to two arbitrators, one to be appointed by each party to the dispute.]
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1. Sub. by A.O. 1950, for “Provincial Government”.
2. The word “Indian” omitted by Act 32 of 1940, sec. 3
(1) Every notice, order or document by or under this Act required or authorised to be addressed to any person may be served by post or left,—
(a) where 1[the Central Government or the State Government] is the addressee, at the office of 2[such officer as the Central Government or the State Government, as the case may be, may designate in this behalf];
3[***]
(b) where a local authority is the addressee, at the office of the local authority;
(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 a
Every sum declared to be recoverable by 1[section 5, sub-section (4)] section 14, sub-section (2), clause (b), section 16, sub-section (2), section 18, sub-section (2) or sub-section (4), or section 26, sub-section (4) and every fee liable under this Act, may be recovered, on application to a Magistrate having jurisdiction where the person liable to pay the same is for the time being resident, by the distress and sale of any movable property belonging to such person.
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1. Subs. by Act 32 of 1959, sec. 38, for “section 5, clause (f), section 6, sub-section (2)”.
The State Government may, by general or special order, authorise the discharge of any of its functions under section 13 or section 18, 1[or section 34, sub-section (2)], or clause V, sub-clause (2), or clause XIII of the Schedule by an 2[Electrical inspector].
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1. Ins. by Act 1 of 1922, sec. 22.
2. Subs. by Act 32 of 1959, sec. 2, for “Electric Inspector”.
(1) The Indian Electricity Act, 1903 (3 of 1903), is hereby repealed:
Provided that every application for a license made and every license granted under the said Act shall be deemed to have been made and granted under this Act.
(2) Nothing in this Act shall be deemed to affect the terms of any license which was granted, or of any agreement which was made, by or with the sanction of the Government for the supply or use of electricity before the commencement of this Act.
THE SCHEDULE
[See section 3, sub-section (2), clause (f)]
Security and Accounts
I. Security for execution of work of license not being local authority.—Where the licensee is not a local authority, the following provisions as to giving security shall apply, namely:—
(a) The licensee shall, within the period fixed in that behalf by his license, or any longer period which the State Government may substitute therefor by order under 1[section 4A, sub-section (1)], of the Indian Electricity Act, 1910, before exercising any of the powers by the license conferred on him in relation to the execution of works, show, to the satisfaction of the State Government, that he is in a position fully and efficiently to discharge the duties and obligations impose
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