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Electricity Act
Section 173

Electricity Act

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Chapter IPreliminary

1Short title, extent and commencement
2Definitions

Chapter IINational Electricity Policy and Plan

3National Electricity Policy and Plan
4National policy on stand alone systems for rural areas and non-conventional energy systems
5National policy on electrification and local distribution in rural areas
6Joint responsibility of State Government and Central Government in rural electrification

Chapter IIIGeneration of Electricity

7Generating company and requirement for setting up of generating station
8Hydro-electric generation
9Captive generation
10Duties of generating companies
11Directions to generating companies

Chapter IVLicensing

12Authorised persons to transmit, supply, etc., electricity
13Power to exempt
14Grant of licence
15Procedure for grant of licence
16Conditions of licence
17Licensee not to do certain things
18Amendment of licence
19Revocation of licence
20Sale of utilities of licensees
21Vesting of utility in purchaser
22Provisions where no purchase takes place
23Directions to licensees
24Suspension of distribution licence and sale of utility

Chapter VInter-State transmission · Intra-State transmission · Other provisions relating to transmission

Inter-State transmission

25Inter-State, regional and inter-regional transmission
26National Load Despatch Centre
27Constitution of Regional Load Despatch Centre
28Functions of Regional Load Despatch Centre
29Compliance of directions

Intra-State transmission

30Transmission within a State
31Constitution of State Load Despatch Centres
32Functions of State Load Despatch Centres
33Compliance of directions

Other provisions relating to transmission

34Grid Standards
35Intervening transmission facilities
36Charges for intervening transmission facilities
37Directions by Appropriate Government
38Central Transmission Utility and functions
39State Transmission Utility and functions
40Duties of transmission licensees
41Other business of transmission licensee

Chapter VIProvisions with respect to distribution licensees · Provisions with respect to electricity traders · Provisions with respect to supply generally · Consumer protection: Standards of performance

Provisions with respect to distribution licensees

42Duties of distribution licensee and open access
43Duty to supply on request
44Exceptions from duty to supply electricity
45Power to recover charges
46Power to recover expenditure
47Power to require security
48Additional terms of supply
49Agreements with respect to supply or purchase of electricity
50The Electricity supply code
51Other businesses of distribution licensees

Provisions with respect to electricity traders

52Provisions with respect to electricity trader

Provisions with respect to supply generally

53Provision relating to safety and electricity supply
54Control of transmission and use of electricity
55Use, etc., of meters
56Disconnection of supply in default of payment

Consumer protection: Standards of performance

57Standards of performance of licensee
58Different standards of performance by licensee
59Information with respect to levels of performance
60Market domination

Chapter VIITariff

61Tariff regulations
62Determination of tariff
63Determination of tariff by bidding process
64Procedure for tariff order
65Provision of subsidy by State Government
66Development of market

Chapter VIIIWorks of licensees · Provisions relating to overhead lines

Works of licensees

67Provision as to opening up of streets, railways, etc

Provisions relating to overhead lines

68Overhead lines
69Notice to telegraph authority

Chapter IXConstitution and functions of Authority · Certain powers and directions

Constitution and functions of Authority

70Constitution, etc., of Central Electricity Authority
71Members not to have certain interest
72Officers and staff of Authority
73Functions and duties of Authority

Certain powers and directions

74Power to require statistics and returns
75Directions by Central Government to Authority

Chapter XConstitution, powers and functions of Central Commission · Constitution, powers and functions of State Commissions · Appropriate Commission–Other provisions · Proceedings and powers of Appropriate Commission · Grants, Fund, Accounts, Audit and Report

Constitution, powers and functions of Central Commission

76Constitution of Central Commission
77Qualifications for appointment of Members of Central Commission
78Constitution of Selection Committee to recommend Members
79Functions of Central Commission
80Central Advisory Committee
81Objects of Central Advisory Committee

Constitution, powers and functions of State Commissions

82Constitution of State Commission
83Joint Commission
84Qualifications for appointment of Chairperson and Members of State Commission
85Constitution of Selection Committee to select Members of State Commission
86Functions of State Commission
87State Advisory Committee
88Objects of State Advisory Committee

Appropriate Commission–Other provisions

89Term of office and conditions of service of Members
90Removal of Member

Proceedings and powers of Appropriate Commission

91Secretary, officers and other employees of Appropriate Commission
92Proceedings of Appropriate Commission
93Vacancies, etc., not to invalidate proceedings
94Powers of Appropriate Commission
95Proceedings before Commission
96Powers of entry and seizure
97Delegation

Grants, Fund, Accounts, Audit and Report

98Grants and loans by Central Government
99Establishment of Fund by Central Government
100Accounts and audit of Central Commission
101Annual report of Central Commission
102Grants and Loans by State Government
103Establishment of Fund by State Government
104Accounts and audit of State Commission
105Annual report of State Commission
106Budget of Appropriate Commission
107Directions by Central Government
108Directions by State Government
109Directions to Joint Commission

Chapter XIAppellate Tribunal for Electricity

110Establishment of Appellate Tribunal
111Appeal to Appellate Tribunal
112Composition of Appellate Tribunal
113Qualifications for appointment of Chairperson and Member of Appellate Tribunal
114Term of office
115Terms and conditions of service
116Vacancies
117Resignation and removal
117AQualifications, terms and conditions of service of Chairperson and Member
118Member to act as Chairperson in certain circumstances
119Officers and other employees of Appellate Tribunal
120Procedure and powers of Appellate Tribunal
121Power of Appellate Tribunal
122Distribution of business amongst Benches and transfer of cases from one Bench to another Bench
123Decision to be by majority
124Right of appellant to take assistance of legal practitioner and of Appropriate Commission to appoint presenting officers
125Appeal to Supreme Court

Chapter XIIInvestigation and Enforcement

126Assessment
127Appeal to Appellate Authority
128Investigation of certain matters
129Orders for securing compliance
130Procedure for issuing directions by Appropriate Commission

Chapter XIIIReorganisation of Board

131Vesting of property of Board in State Government
132Use of proceeds of sale or transfer of Board, etc
133Provisions relating to officers and employees
134Payment of compensation or damages on transfer

Chapter XIVOffences and Penalties

135Theft of Electricity
136Theft of electric lines and materials
137Punishment for receiving stolen property
138Interference with meters or works of licensee
139Negligently breaking or damaging works
140Penalty for intentionally injuring works
141Extinguishing public lamps
142Punishment for non-compliance of directions by Appropriate Commission
143Power to adjudicate
144Factors to be taken into account by adjudicating officer
145Civil courts not to have jurisdiction
146Punishment for non-compliance of orders or directions
147Penalties not to affect other liabilities
148Penalty where works belong to Government
149Offences by companies
150Abetment
151Cognizance of offences
151APower of police to investigate
151BCertain offences to be cognizable and non-bailable
152Compounding of offences

Chapter XVSpecial Courts

153Constitution of Special Courts
154Procedure and power of Special Court
155Special Court to have powers of Court of Session
156Appeal and revision
157Review

Chapter XVIArbitration

158Arbitration

Chapter XVIIProtective clauses

159Protection of railways, highways, airports and canals, docks, wharfs and piers
160Protection of telegraphic, telephonic and electric signalling lines
161Notice of accidents and injuries
162Appointment of Chief Electrical Inspector and Electrical Inspector
163Power for licensee to enter premises and to remove fittings or other apparatus of licensee
164Exercise of powers of Telegraph Authority in certain cases
165Amendment of sections 40 and 41 of Act 1 of 1894

Chapter XVIIIMiscellaneous

166Coordination forum
167Exemption of electric lines or electrical plants from attachment in certain cases
168Protection of action taken in good faith
169Members, officers, etc., of Appellate Tribunal, Appropriate Commission to be public servants
170Recovery of penalty payable under this Act
171Services of notices, orders or documents
172Transitional provisions
173Inconsistency in laws
174Act to have overriding effect
175Provisions of this Act to be in addition to and not in derogation of other laws
176Power of Central Government to make rules
177Powers of Authority to make regulations
178Powers of Central Commission to make regulations
179Rules and regulations to be laid before Parliament
180Powers of State Governments to make rules
181Powers of State Commissions to make regulations
182Rules and regulations to be laid before State Legislature
183Power to remove difficulties
184Provisions of Act not apply in certain cases
185Repeal and saving

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Electricity Act 173Chapter XVIII · Miscellaneous

Section 173 · Inconsistency in laws

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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).

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