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Draft of Electricity Bill 2000 Part - I

 PRELIMINARY

Short title, extent and commencement

1. (1) This Act may be called The Electricity Act, 2000.

(2) It extends to the whole of India.

(3) It shall come into force on such date as the Union Government may, by notification in the Official Gazette, appoint.

Definitions

2. In this Act, unless there is anything repugnant in the subject or context,-

(1) "appointed date" means the date on which this Act shall come in to force in pursuance of the notification issued under section 1;

(2) "Area Distributor" means a person who is authorized to own and operate a distribution system for supplying electricity except where he is acting otherwise than for purpose connected with the supply of electricity to premises in his Authorised Area, and includes a person who has been exempted from obtaining such authorisation under the provisions of this Act;

(3) "Authorised Area", in relation to an Authorized Person, means the area designated as such in his authorization or exemption, as the case may be, within which alone an Authorised Person is for the time being authorized to transmit or supply electricity.

(4) " Authorised Person" means any person who has been granted an authorisation to engage in the business of generation, transmission, wheeling, distribution, trading, pooling or sale of electricity, and includes a person who has been exempted from obtaining such authorisation under the provisions of this Act.

(5) "Authority" means the Central Electricity Authority established under section 72 of this Act;

(6) "Central Commission" means the Central Electricity Regulatory Commission established under sub-section (1) of section 79 of this Act;

(7) "Central Transmission utility" means a Transmission Provider notified as such by the Union Government;

(8) "Chairperson" means the Chairperson of the Central or the State Commission, as the case may be;

(9) "Company" means a company registered under the Companies Act, 1956 (1 of 1956) or any substitute thereof and includes a corporation or company, incorporated or established under the provisions of any other law, with the object of generation, transmission, distribution or trading of electricity, as the case may be;

(10) "Competent Commission" or "Commission" means, in respect of any matter falling within the purview of the Union Government, or in relation to any inter-state matter, the Central Commission and in all other cases the State Commission having jurisdiction under this Act;

(11) "Competent Government" or "Government" means, in relation to any generation, transmission, distribution, trading, pooling or sale of electricity involving the territory of more than one State, and with respect to any mines, oil-fields, railways, aerodromes, telegraphs, broadcasting stations and any works of defence, the Union Government, and in any other case, the State Government having jurisdiction;

(12) "Conservation" means any reduction in consumption of electricity as a result of increase in the efficiency of the electricity supply and use;

(13) "Consumer" means any person who receives for end use, the electricity supplied by an Authorised Person, and includes a person whose supply has been disconnected for the time being;

(14) "Customer" means any person who receives for further sale, the electricity supplied by an Authorised Person;

(15) "dedicated transmission facilities" shall have the meaning ascribed thereto in section 15.

(16) "distribution system" means the system of wires and associated facilities belonging to an Area Distributor between the deliver points in the transmission system or the generating station connection, as the case may be, and the point of connection to the installation of the consumer;

(17) "distribution wheeling rate" means the tariff determined by the State Commission for wheeling of electricity by use of the distribution system of an Area Distributor where the supply of electricity is by a person other than such Area Distributor;

(18) "electric line" means any line which is used for carrying electricity for any purpose and includes, unless the context otherwise requires -

(a) any support for any such line, that is to say, any structure, tower, pole or other thing in, on, by or from which any such line is or may be supported, carried or suspended;

(b) any apparatus connected to any such line for the purpose of carrying electricity; and

(c) any insulator, conductor, wire, cable, tube, pipe or other similar thing (including its casing or coating) which surrounds or supports, or is surrounded or supported by, or is installed in close proximity to, or is supported, carried or suspended in association with, any such line;

(19) "electrical plant" means any plant, equipment, apparatus or appliance of any part thereof used for, or for purposes connected with the generation, transmission, distribution or supply of electricity, other than -

(a) an electric line;

(b) a meter used for ascertaining the quantity of electricity supplied to any premises or;

(c) an electrical appliance under the control of a consumer;

(20) "electricity" means electrical energy

(a) generated, transmitted, distributed, supplied, sold, traded or distributed for any purpose, or

(b) used for any purpose except the transmission of a message;

(21) "Electricity Supplier" means a person who is authorised to purchase electricity for resale thereof, and to undertake brokerage or trade in supply of electricity, and includes a person who has been exempted from obtaining such authorisation under the provisions of this Act;

(22) "electricity system" means a system under the control of an Authorised Person and having one or more-

(a) generating station;

(b) transmission lines; or

(c) the electric lines and sub-stations,

and when used in the context of a State or the Union, the entire electricity system within the territories thereof;

(23) "Generating Company" means any person who is authorised to engage in the establishment, and, or operation and maintenance of a generating station to generate electricity for the purpose of giving a supply to any premises or enabling a supply to be so given, and includes a person which has been exempted from obtaining such authorisation under the provisions of this Act.

(24) "Generating station", means an electrical plant for generation of electricity and includes all structures and works associated with and incidental to such generation, and in relation to a generating station wholly or mainly driven by water, includes all structures and works for holding or channeling water for a purpose directly related to the generation of electricity by that station but does not include a generating station with a rated capacity to generate up to five megawatts or such higher capacity as may be notified by the Union Government;

(25) "grid" means the high voltage backbone system of interconnected transmission lines, substations and generating plants;

(26) "High Court" means-

(a) the High Court within the jurisdiction of which the aggrieved party ordinarily resides or carries on business or personally works for gain; and

(b) where the Union Government is the aggrieved party, the High Court within the jurisdiction of which the respondent or in a case where there are more than one respondent, any of the respondents ordinarily resides or carries on business or personally works for gain;

(27) "high voltage line" means an electric line or cable of a nominal voltage exceeding 132 kilovolts;

(28) "inter-states" when used in the context of generation, transmission, distribution, trading, pooling, supply or sale, means any of the aforesaid activities when carried out in, or involving the territory of more than one State or Union Territory, and when used in the context of transmission, includes the conveyance of energy within a State if it is incidental to inter-state transmission energy;

(29) "line" means any wire, cable, tube, pipe, insulator, conductor or other similar thing ( including its casing or coating ) which is designed or adapted for use in carrying electricity;

(30) "local authority" means any municipal corporation, municipal committee, district board, village panchayat, body of port commissioners or other authority legally entitled to, or entrusted by the Union or any State Government with, the control or management of any municipal or local fund;

(31) "Member" means a member of the Central or the State Commission, as the case may be and includes the Chairperson;

(32) "National Electricity Plan" means the National Electricity Plan Published under section 76;

(33) "National Load Despatch Centre" means the Centre so designated under section 54 of this Act;

(34) "notify" means to notify in the Official Gazette and in two newspapers having nation-wide circulation, and the expression "notification" shall be constructed accordingly;

(35) "open access" means the non-discriminatory provision of the use of transmission, sub-transmission and /or distribution system and associated facilities to any customer or consumer in accordance with the regulations specified by the Competent Commission;

(36) "overhead line" means an electric line which is placed above ground and in the open air but does not include live rails of a traction system'

(37) "person" includes-

(a) an individual,

(b) a Hindu undivided family,

(c) a company

(d) a firm,

(e) an association of person or a body of individuals, whether incorporated or not, and

(f) every artificial juridical person, not falling within any of the preceding sub-clauses;

(38) "premises" includes any land, building or structures;

(39) "prescribe" means prescribe by Rules to be made under the provisions of this Act, and "prescribed" shall be constructed accordingly;

(40) "public lamp" means an electric lamp used for the lightning of any street;

(41) "real time operation" means action to be taken at a given moment in time at which information about the electricity system is made available to the concerned Load Despatch Centre;

(42) "Regional Load Despatch Centre" means the Centre so designed under section 56 of this Act;

(43) "Regional Transmission Centre" means the Centre establishment under sub-section (1) of section 55 of this Act;

(44) "Regulation" means regulation made under the provisions of this Act;

(45) "reliability" means the security of inter connected transmission network and the avoidance of uncontrolled cascading tripouts which may result in widespread electricity outrages, and "reliable" shall be constructed accordingly;

(46) "repealed laws" means the Indian Electricity Act, 1910 (9 of 1910), the Electricity (Supply) Act, 1948 (54 of 1948) and the Electricity Regulatory Commissions Act, 1998 (14 of 1998);

(47) "Rules" means rules made under the provisions of this Act;

(48) "specify" means specify by Regulations to be made by the Competent Commission, except as otherwise provided in this Act, and "specified" shall be constructed accordingly;

(49) "State" means a State of the Republic of India and includes a Union Territory;

(50) "State Commission" means the State Electricity Regulatory Commission established under sub-section (1) of section 81 of this Act and includes a Joint Commission established under sub-section (1) of section 82;

(51) "State Government" means the State Government having jurisdiction, and includes the Government of a Union Territory;

(52) "State Load Despatch Centre" means the Centre so designated under section 61 of this Act;

(53) "State Public Services Commission" means the Commission established as such for the respective State under the Constitution of India;

(54) "State Transmission Centre" means the Centre established under sub-section (1) of section 60;

(55) "State Transmission Utility" means a Transmission Provider notified as such by the State Government;

(56) "Street" includes any way, road, lane, square, court, alley, and passage or open space. Whether a thoroughfare or not, over which the public have a right of way, and also the roadway and footway over any public bridge or causeway;

(57) "sub-section" means a station for transforming or converting electricity for the transmission or distribution thereof and includes transformers, converters, switch gears, capacitors, synchronous condensers , structures, cable and other appurtenant equipment and any buildings used for that purpose and the site thereof;

(58) "supply" in relations to electricity, means supply through electric lines otherwise than to premises occupied by an Authorised Person for the purpose of carrying on the activities which he is authorised by an authorisation to carry on;

(59) "tariff" means the maximum of any price, rate or charge payable or demand with respect to supply, transmission, distribution or wheeling of electricity to a consumer or customer ;

(60) "telegraph authority" means the Director General of posts and Telegraphs and includes any officer empowered by him to perform all or any of the functions of the telegraph authority under this Act;

(61) "telegraph line" means a wire or wires used for the purpose of a telegraph, with any casing, coating tube or pipe enclosing the same, and any appliances and apparatus connected therewith for the purpose of fixing or insulating the same;

(62) "transmission lines" means all high voltage lines, high pressure cables and overhead lines (not being an essential part of the distribution system of an Authorised Person) transmitting electricity from a generating station or sub-station, to another generating station or sub-station, together with any sub-stations, step-up and step-down transformers, terminal stations, switch gear and other works necessary to and used for the control of such cables or lines, and the buildings or structures incidental there to ;

(63) "Transmission Provider" means a provider of transmission services, other than a Generating Company, Area Distributor or Electricity Supplier which is authorised to engage in the business of making available the transmission capacity of its transmission lines by way of establishment and /or operation and maintenance of transformers, transmission lines sub-stations, and includes a Utility which has been exempted from obtaining such authorisation under the provisions of this Act;

(64) "transmit", in relation to electricity, means transmit by means of a transmission system, that is to say, a system which consists (wholly or mainly) of high voltage lines and electrical plant and is used for conveying electricity from a generating station to a sub-station, from one generating station to another or from one substation to another, and "transmission" shall be construed accordingly;

(65) "works" includes electric lines and any building, plant, machinery, apparatus and any other thing of whatever description required to transmit, distribute or supply electricity and to carry into effect the objects of an authorisation or sanction granted under this Act or any other law for the time being in force;

(66) "Union Public Service Commission" means the Union Public Service Commission established under the Constitution of India ;and

(67) "utility" means and includes the electric lines, electrical plant, and all lands, buildings, works and materials attached thereto , belonging to any person acting as an Authorized Person under the provisions of this Act;

(68) "wheeling" means the operations whereby the transmission or distribution system and associated facilities of a Transmission Provider or Area Distributor, as the case may be, are used by another person for the conveyance of electricity;

(69) "Year" means the year commencing on the 1st day of April and terminating on 31st day of following month of March and year of account shall be constructed as such.

 


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