Indian Bare Acts

Search Alphabatically :

THE ELECTRICITY (SUPPLY) ACT, 1948

Title : THE ELECTRICITY (SUPPLY) ACT, 1948

Year : 1948



Subject to the provisions of this Act, the Board shall be charged with the following general duties, namely:-

(a) To arrange, in co-ordination with the Generating Company or Generating Companies, if any, operating in the State, for the supply of electricity that may be required within the State and for the transmission and distribution of the same in the most efficient and economical manner with particular reference to those areas which are not for the time being supplied or adequately supplied with electricity;

(b) To supply electricity as soon as practicable to a licensee or other person requiring such supply if the Board is competent under this Act so to do;

(c) To exercise such control in relation to the generation, distribution and utilisation of electricity within the State as is provided for by or under this Act;

(d) To collect data on the demand for, and the use of, electricity and to formulate perspective plans in co-ordination with the Generating Company or Generating Companies, if any, operating in the State, for the generation, trans¬mission and supply of electricity within the State;

(e) To prepare and carry out schemes for transmission, distribution and generally for promoting the use of electricity within the State; and

(f) To operate the generating stations under its control in co-ordination with the Generating Company or Generating Companies, if any, operating in the State and with the Government or any other Board or agency having control over a power system.]

18A - 2*Duties of Generating Company

(1) Subject to the provisions of this Act, a Generating Company shall he charged with the following duties, namely:-

(a) To establish, operate and maintain such generating stations and tie-lines, sub¬stations and main transmission lines connected therewith, as may be required to be established by the 3*[competent government or governments] in relation to the Generating Company;

(b) To operate and maintain in the most efficient and economical manner the generating stations, tie-lines, sub-stations and main transmission lines, assigned to it by the 3*[competent government or governments] in co-ordination with the Board or Boards, as the case may be, and the Government or agency having control over the power system, if any, connected therewith; and

(c) To carry out, subject to the provisions of section 21, detailed investigations and prepare schemes, in co-ordination with the Board or Boards, as the case may be, for establishing generating stations and tie-lines, sub-stations and transmission lines connected therewith, in such manner as may be specified by the Authority.

(2) Without prejudice to the generality of its duties under section 18, the Board shall, until a Generating Company begins to operate in any State, perform the duties of a Generating Company under this section in that State.]

---------------------------------------------------------------------------------------------------------------------------------------------------------

1. Substituted by Act 115 of 1976, Section 11, for section 18 w.r.e.f. 8-10-1976.

2. Inserted by Act 115 of 1976, Section 11 w.r.e.f. 8-10-1976.

3. Substituted by Act 50 of 1991, Section 5, for "promoting government or promoting governments" w.e.f. 15-10-1991.

---------------------------------------------------------------------------------------------------------------------------------------------------------



(1) The Board may, subject to the provisions of this Act, supply electricity to any licensee or person requiring such supply in any area in which a scheme sanctioned under Chapter V is in force:

Provided that the Board shall not-

(a) Supply electricity for any purpose directly to any licensee for use in any part of the area of supply of a hulk-licensee without the consent of the bulk-licensee, unless the licensee to be supplied has an absolute right of veto on any right of the hulk-licensee to supply electricity for such purpose in the said part of such area, or unless the bulk-licensee is unable or unwilling to supply electricity for such purpose in the said part of such area on reasonable terms and conditions and within a reasonable time, or

(b) Supply electricity for any purpose to any person, not being a licensee for use in any part of the area of supply of a licensee without the consent of the licensee, unless-

(i) The actual effective capacity of the licensee's generating station computed in accordance with paragraph IX of the First Schedule at the time when such supply was required was less than twice the maximum demand asked for by any such person; or

(ii) The maximum demand of the licensee, being a distributing licensee and taking a supply of energy in bulk is, at the time of the request, less than twice the maximum demand asked for by any such person; or

(iii) The licensee is unable or unwilling to supply electricity for such purpose in the said part of such area on reasonable terms and conditions and within a reasonable time.

(2) After the Board has declared its intention to supply electricity for any purpose in any area for which purpose and in which area it is under this section competent to supply electricity, no licensee shall, the provisions of his licence notwithstanding, at any time be entitled without the consent of the Board to supply electricity of that purpose in that area.

(3) For the purposes of sub-section (1) "absolute right of veto" means an unqualified right vested in a licensee by virtue of any law, licence or other instrument whereby a bulk-licensee is prevented from supplying electricity in any specified area without the consent of the licensee in whom the right of veto vests.

(4) If any question arises under sub-section (1) as to the reasonableness of the terms or conditions or time therein mentioned, it shall he determined 1* [by arbitration] as provided in section 76.

--------------------------------------------------------------------------------------------------------------------------------------------------------

1. Inserted by Act 30 of 1966, Section5 w.e.f. 16-9-1966.

---------------------------------------------------------------------------------------------------------------------------------------------------------



(1) The Board may, in accordance with any regulations made in this behalf, manufacture, purchase, sell or let on hire on the execution of a hire-purchase agreement or otherwise, any electric machinery, control-gear, fittings wires or apparatus for lighting, heating, cooling, or motive power or for any other purpose for which electricity can or may he used, or any industrial or agricultural machinery operated by electricity, any may install, connect, repair, maintain or remove such fittings, wires, apparatus, machinery or control-gear and in respect thereof demand and take such remuneration or rents and charges and make such terms and conditions as it deems fit.

(2) The Board may maintain shops and show-rooms for the display, sale or hire of fittings, wires, apparatus and machinery as aforesaid, conduct displays, exhibitions and demonstrations thereof, and generally do all things, including advertising, incidental to the sale and hire of such fittings, wires, apparatus and machinery and to the promotion and encouragement of the use of electricity.

(3) The Board shall show separately in its accounts moneys received and expended by it in connection with any undertakings in which it engages under this section.

20A - Leasing out, etc., of generating stations

The State Government may, in respect of any generating station owned by it (including transmission lines and other works connected therewith) make arrangements with the Board or a Generating Company for its operation and maintenance on such terms and conditions as may be agreed upon between the State Government and the Board or the Generating Company, as the case may be.]

----------------------------------------------------------------------------------------------------------------------------------------------------------

1. Section 20A Inserted by Act 44 of 1962, Section 2, w.e.f. 28-11-1962 and again Substituted by Act 115 of 1976, Section 12, w.r.e.f. 8-10-1976.

---------------------------------------------------------------------------------------------------------------------------------------------------------



1*[The Board or a Generating Company may], with the previous approval of the State Government, take such measures as 2*[in the opinion of the Board or the Generating Company, as the case may be,] are calculated to advance the development of water-power in the State, and may organize and carry out power and hydrometric survey work and cause to be made such maps, plans, sections and estimates as are necessary for any of the said purposes 3 [and in such manner as the Authority may, from time to time, specify]:

Provided that where any such measures relate to a source of water-power already operated upon by a licensee under a licence, the Board shall give the licensee notice of such measure and an opportunity to be heard on any representations he may desire to make in that behalf and may consider such representation.

-------------------------------------------------------------------------------------------------------------------------------------------------------

1. Substituted by Act 115 of 1976,Section 13, for "The Board may" w.r.e.f. 8-10-1976.

2. Substituted by Act 115 of 1976,Section 13, for "in the opinion of the Board" w.r.e.f. 8-10-1976.

3. Inserted by Act 115 of 1976, Section13 w.r.e.f. 8-10-1976.

--------------------------------------------------------------------------------------------------------------------------------------------------------



Subject so far as the provisions of this section relate to water-power to the previous approval of the State Government, the Board may at its own expense conduct such investigations, experiments and trials as it thinks fit for the improvement of the methods of transmission, distribution and supply of electricity or of the utilisation of fuel, water-power or other means of generating electricity, and may establish and maintain laboratories for the testing and standardization of electrical instruments and equipment.



(1) Subject to any regulations made in this behalf, the Board may grant loans or advances to any licensee for the purposes of his undertaking on such terms as the Board thinks proper.

(2) The Board in the discharge of its functions may call upon a licensee to expand his undertaking and offer to advance to him a loan on such terms and conditions as it may deem proper for such expansion, and if the licensee refuses, fails or neglects to accept the loan from the Board on the terms and conditions offered or to raise a loan from other sources or lo employ his own funds1[***] for purposes of such expansion and to carry out such expansion, the Board may, after giving the licensee six months' notice is writing, purchase his undertaking.

-------------------------------------------------------------------------------------------------------------------------------------------------------

1. The words "on terms similar to the terms offered by the Board" omitted by Act 101 of 1956, Section 9 w.e.f. 30-12-1956.

-------------------------------------------------------------------------------------------------------------------------------------------------------



The Board may, subject to any regulations made in this behalf,-

(1) pay such subscriptions as it thinks fit to any association for the promotion of the common interests of persons engaged in the generation, distribution and supply of electricity and the members of which consist mainly of such persons;

(2) contribute such sums as it thinks fit to the funds of any recognised society the object of which is to foster the development and use of electricity or promotion of knowledge and research in respect of electricity or electrical appliances.



The Board may, subject to such conditions as may be prescribed, from time to time appoint qualified persons to be consulting engineers to the Board and pay them such remuneration as it thinks proper.



Subject to the provisions of this Act, the Board shall, in respect of the whole State, have all the powers and obligations of a licensee under the Indian Electricity Act, 1910, and this Act shall be deemed to be the licence of the Board for the purposes of that Act:

Provided
that nothing in sections 3 to 11, sub-sections (2) and (3) of section 21 and 1 [section 22, sub-section (2) of section 22A and sections 23 and 27] of that Act or in 2 [clauses I to V, clause VII and clauses IX to XII] of the Schedule to that Act relating to the duties and obligations of a licensee shall apply to the Board:

3*[Provided further that the provisions of clause VI of the Schedule to that Act shall apply to the Board in respect of that area only where distribution mains have been laid by the Board and the supply of energy through any of them has commenced.]

26A - 4* Applicability of the provisions of Act 9 of 1910 to Generating Company

(1) Notwithstanding anything contained in sub-section (2), nothing in the Indian Electricity Act, 1910, shall be deemed to require a Generating Company to take out a licence under that Act, or to obtain sanction of the State Government for the purpose of carrying on any of its activities.

(2) Subject to the provisions of this Act, sections 12 to 19 (both inclusive) of the Indian Electricity Act, 1910 (9 of 1910) and clauses XIV to XVII (both inclusive) of the Schedule thereto, shall, as far as may be, apply in relation to a Generating Company as they apply in relation 10 a licensee under that Act (hereafter in this section referred to us the licensee) and in particular a Generating Company may, in connection with the performance of its duties, exercise-

(a) All or any of the powers conferred on a licensee by sub-section (1) of section 12 of the Indian Electricity Act, 1910, as if-

(i) The reference therein to licensee were a reference to the Generating Company;

(ii) The reference to the terms and conditions of licence were a reference to the provisions of this Act and to the articles of association of the Generating Company; and

(iii) The reference to the area of supply were a reference to the area specified under sub-section (3) of section 15A in relation to the Generating Company;

(b) All or any of the powers conferred on a licensee by sub-section (1) of section 14 of the Indian Electricity Act, 1910 (9 of 1910), as if-

(i) The references therein to licensee were references to the Generating Company, and

(ii) The Generating Company had the powers of a licensee under the said Act.

(3) The provisions of section 30 of the Indian Electricity Act, 1910 (9 of 1910) shall not apply to the transmission or use of energy by a Generating Company.

(4) For the removal of doubts, it is hereby declared that sections 31 to 34 (both inclusive) of the Indian Electricity Act, 1910 (9 of 1910), shall apply to a Generating Company.]

--------------------------------------------------------------------------------------------------------------------------------------------------------

1. Substituted by Act 32 of 1959, Section 41, for "sections 22, 23 and 27" w.e.f. 5-9-1959.

2. Substituted by Act 101 of 1956, Section 10, for "clauses I to XII" w.e.f. 30-12-1956.

3. Inserted by Act 101 of 1956, Section 10 w.e.f. 30-12-1956.

4. Inserted by Act 115 of 1976, Section 14 w.r.e.f. 8-10-1976.

--------------------------------------------------------------------------------------------------------------------------------------------------------



1*[The Board or a Generating Company] shall have such further powers and duties as are provided in this Act.

--------------------------------------------------------------------------------------------------------------------------------------------------------

1. Substituted by Act 115 of 1976, Section 15, for "The Board" w.r.e.f. 8-10-1976.

--------------------------------------------------------------------------------------------------------------------------------------------------------
Last updated on July, 2016

Find a Lawyer

Legal Hall of Fame

The current Legal Luminaries of India, the credible names in the legal circle along with those who would be the leading stars of the next decade. These are some of the reliable names in field of law. Nominate the Legal Stars of tomorrow

More

Recent Judgment


Sudha Mishra vs. Surya Chandra Mishra( R.F.A 299 of 2014

The Hon'ble High Court of Delhi in Sudha Mishra vs. Surya Chandra Mishra (R.F.A 299 of 2014)has ruled that a woman has a right over the property of her husband but she cannot claim a right to live in the house of her parents-in-law

More

Bare Acts

Helpline Law provides a user friendly compendium of Indian Law & Bare Acts. Get a complete list & detail of Indian Bare Acts, with amendments and repeals. It comes with easy-to-use features like Search by bare acts & by year. You can even email the information to yourself!

More

Have a Legal Matter ?
Need a Lawyer?

Have a Legal Matter ?

Need a Lawyer?

Male
Female