SectionsParticulars
Chapter IPreliminary
1Short title, extent and commencement
(1) This Act may be called the Electricity Regulatory Commissions Act, 1998. (2) It extends to the whole of India except the State of Jammu and Kashmir. (3) I...
2Definitions
In this Act, unless the context otherwise requires,- (a) "Central Commission" means the Central Electricity Regulatory Commission established under sub-section...
Chapter IICentral Electricity Regulatory Commission
3Establishment and incorporation of Central commission
(1) The Central Government shall, within three months from the date of the commencement of this Act by notification in the Official Gazette, establish a body ...
4Qualification for appointment of chairperson and other Members of Central Commission
(1) The Chairperson and the Members of the Central Commission shall be persons having adequate knowledge, experience or shown capacity in dealing with problem...
5Constitution of Selection Committee to recommended Members
(1) The Central Government shall, for the purpose of sub-section (5) of section 3, constitute a Selection Committee consisting of- (a) Member of the Planning C...
6Term of office, salary and allowances and other conditions of service of chairpersons and Members
(1) The Chairperson or other Member shall hold office as such for a term of five years from the date on which he enters upon his office, but shall not be elig...
7Removal of members
(1) Subject to the provisions of sub-section (3), any Member of the Central Commission shall only be removed from his office by order of the President on the ...
8Officers of Central Commission and other staff
(1) The Central Commission may appoint a Secretary to exercise and perform under the control of the Chairperson such powers and duties as may be specified by ...
9Proceedings of Central Commission
(1) The Central Commission shall meet at the head office or any of its offices at such time as the Chairperson may direct, and shall observe such rules of pro...
10Vacancies, etc., not to invalidate proceedings of Central Commission
No act or proceedings of the Central Commission shall be questioned or shall be invalidated merely on the ground of existence of any vacancy or defect in the ...
11Expenses of Central Commission to be charged upon Consolidated Fund of India
The expenses of the Central Commission including all salaries and allowances payable to, or in respect of, the Chairperson and the Member of the Central Commi...
12Power of Central Commission
The Central Commission, shall, for the purposes of any inquiry or proceedings under this Act have the powers as are vested in a civil court under the Code of ...
Chapter IIIPowers And Functions Of Central Commission
13Functions of Central Commission
The Central Commission shall discharge all or any of the following functions, namely:- (a) to regulate the tariff of generating companies owned or controlled ...
14Central Advisory Committee
(1) The Central Commission may, by notification, establish with effect from such date as it may specify in such notification, a Committee to be known as the C...
15Object of Central Advisory Committee
The Objects of the Central Advisory Committee shall be to advise the Central Commission on,- (i) major questions of policy; (ii) matters relating to quality, c...
16Appeal to High Court in certain cases
(1) Any person aggrieved by any decision or order of the Central Commission may file an appeal to the High Court. (2) Except as aforesaid, no appeal or revisio...
Chapter IVState Electricity Regulatory Commission
17Establishment and incorporation of State Commission
(1) The State Government may, if it deems fit, by notification in the Official Gazette, establish, for the purposes of this Act, a Commission for the State to...
18Constitution of Selection Committee by State Government
(1) The State Government shall, for the purposes of selecting the Members of the State Electricity Commission, constitute a Selection Committee consisting of-...
19Term of office, salary and allowances and other conditions of service of Chairperson and Members
(1) The Chairperson or other Member shall hold office as such for a term of five years from the date on which he enters upon his office, but shall not be elig...
20Removal of Members
(1) Subject to the provisions of sub-section (3), any Member of the State Commission shall only be removed from his office by order of the Governor on the gro...
21Officers of State Commission and other staff
(1) The State Commission may appoint a Secretary to exercise and perform under the control of the Chairperson such duties and powers as may be specified by re...
Chapter VPowers And Functions Of State Commission
22Function of State Commission
(1) Subject to the provisions of Chapter III, the State Commission shall discharge state the following functions, namely:- (a) to determine the tariff for elec...
23Application of certain provisions relating to Central Commission to State Commissions
The provisions of sections 9, 10 and 12 shall apply to a State Commission and shall have effect, subject to the following modifications, namely:- (a) referenc...
24State Advisory Committee
(1) The State Commission may, by notification, establish with effect from such date as it may specify in such notification, a Committee to be known as the Sta...
25Object of State Advisory Committee
The objects of the State Advisory Committee shall be to advise the Commission on- (i) major questions of policy-, (ii) matters relating to quality, continuity ...
26Representation before State Commission
The State Commission shall authorize any person as it deems fit to represent the interest of the consumers in all the proceedings before it. ...
27Appeal to High Court in certain cases
(1) Any person aggrieved by any decision or order of the State Commission may file an appeal to the High Court. (2) Except as aforesaid, no appeal or revision ...
Chapter VIEnergy Tariff
28Determination of tariff by Central Commission
The Central Commission shall determine by regulations the terms and conditions for fixation of tariff under clauses (a), (b) and (c) of section 13, and in doi...
29Determination of tariff by State Commission
(1) Notwithstanding anything contained in any other law, the tariff for intra-State transmission of electricity and the tariff for supply of electricity, grid...
30Reasons for deviation by Commissions
Where the Commissions depart from factors specified in clauses (a) to (d) of section 28 and clauses (a) to (f) of sub-section (2) of section 29, they shall re...
Chapter VIIAccountants, Audit And Reports
31Budget of Central Commission
The Central Commission shall prepare, in such form and at such time in each financial year as may be prescribed, its budget for the next financial year, showi...
32Accounts and audit of Central Commission
(1) The Central Commission shall maintain proper accounts and other relevant records and prepare an annual statement of accounts in such form as may be prescr...
33Budget of State Commission
The State Commissions shall prepare, in such form and at such time in each financial year as may be prescribed, its budget for the next financial year, showin...
34Accounts and audit of State Commission
(1) The State Commission shall maintain proper accounts and other relevant records and prepare and annual statement of accounts in such form as may be prescri...
35Annul report of Central Commission
(1) The Central Commission shall prepare once every year, in such form and at such time as may be prescribed, an annual report giving a summary of its activit...
36Annul report of State Commission.
(1) The State Commission shall prepare once every year in such form and at such time as may be prescribed, an annual report giving a summary of its activities...
Chapter VIIIMiscellaneous
37Transparency in Commissions
The Commissions shall ensure transparency while exercising their powers and discharging their functions. ...
38Directions by Central Government
(1) In the discharge of its functions, the Central Commission shall be guided by such directions in matter of policy involving public interest as the Central ...
39Directions by State Government
(1) In the discharge of its functions, the State Commission shall be guided by such directions in matters, of policy involving public interest as the State Go...
40Members officers and employees of Central Commission to be public servants
The Chairperson, Members, officers and other employees of the Commissions shall be deemed, when acting or purporting to act in pursuance of any of the provisi...
41Special provision relating to the Orissa Electricity Reform Act , 1995 or Haryana State Electricity Reform 1997
The provisions of this Act in so far as they relate to the State Commission shall not apply to the Commissions established under the Orissa Electricity Reform...
42Proceedings before Commission
All proceedings before the Commission shall be deemed to be judicial proceedings within the meaning of sections 193 and 228 of the Indian Penal Code and the C...
43Protection of action taken in good faith
No Suit, prosecution or other legal proceedings shall lie against the Central or State Government or the Central or State Commission or any officer of Central...
44Punishment for non-compliance of orders or directions given by a Commission
Whoever fails to comply with any order or direction given under this Act, within such time as may be specified in the said order or direction or contravenes, ...
45Punishment for non-compliance of directions given by a Commission
(1) In case any complaint is filed before the Commission by any person or if the Commission is satisfied that any person has contravened any directions issued...
46Power of seizure
The Commission or any other officer, not below the rank of a Gazetted Officer, specially authorized in this behalf by the Commission may enter any building or...
47Offences by companies
(1) Where an offence under this Act has been committed by a company, every person who at the time the offence was committed was in charge of, and was responsi...
48Cognizance of offences
No court shall take cognizance of an offence punishable under this Act except upon a complaint, in writing, made by the Commission or by any other officer dul...
49Inconsistency 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 e...
50Delegation
The Central or the State Commission may, by general or special order in writing, delegate to any Members, officer of the Central or the State Commission or an...
51Amendment of Act 54 of 1948
With effect from such date as the Central Government may, by notification in the Official Gazette, appoint, sub-section (2) of section 43A of the Electricit...
52Overriding effect
Save as otherwise provided in section 49, the provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any enactm...
53Power to give directions
The Central Government may give directions to a State Government as to the carrying out into execution of this Act in the State. ...
54Power of Central Government to make rules
(1) The Central Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act. (2) In particular and without pr...
55Power of Central Commission to make regulations
(1) The Central Commission may, by notification in the Official Gazette, make regulations consistent with this Act and the rules generally to carry out the pu...
56Rules and regulations to be laid before Parliament
Every rule made by the Central Government and every regulation made by the Central Commission under this Act shall be laid, as soon as may be after it is made...
57Power of State Government to make rules
(1) The State Government may, by notification in the Official Gazette, make rules to carry out the provisions of this Act. (2) In particular and without prejud...
58Power of State Commission to make regulations
(1) The State Commission may, by notification in, the Official Gazette, make regulations consistent with this Act and the rules made thereunder to carry out t...
59Rules and regulations to be laid before State Legislature
Every rule made by the State Government and every regulation made by the State Commission under this Act shall be laid, as soon as may be after it is made, be...
60Power to remove difficulties
(1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order, published in the Official Gazette, make suc...
61Repeal and saving
(1) The Electricity Regulatory Commissions Ordinance, 1998 is hereby repealed. (2) Notwithstanding such repeal, anything done pr any action taken under the sa...
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