(2nd July, 1998)
An Act to provide for the establishment of a Central Electricity Regulatory Commission and State Electricity Regulatory Commissions, rationalization of electricity tariff, transparent policies regarding subsidies, promotion of efficient and environmentally benign policies and for matters connected therewith or incidental thereto.
Be it enacted by Parliament in the Forty-ninth Year of the Republic of India as follows
1 (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) It shall be deemed to have come into force on the 25th day of April, 1998.
2 In this Act, unless the context otherwise requires
(a) "Central Commission" means the Central Electricity Regulatory Commission established under sub-section (1) of section 3;
(b) "Chairperson" means the Chairperson of the Commission;
(c) "Commission" means the Central Commission or the State Commission, as the case may be;
(d) "High Court" means
(I) the High Court within the jurisdiction of which the aggrieved party ordinarily resides or carries on business or personally works for gain; and
(II) where Central 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 ordinarily resides or carries on business or personally works for gain.
(e) "inter-state transmission" shall mean and includes the following
(I) conveyance of energy by means of a main transmission line from the territory of one State to the territory of another State;
(II) conveyance of energy across the territory of an intervening State as well as conveyance within the State which is incidental to such inter-State transmission of energy;
(III) the transmission of energy within the territory on a system built, owned, operated, maintained or controlled by a central transmission utility or by any person under the supervision and control of a central transmission utility;
(f) "licensee" means a person licensed under Part II of the Indian Electricity Act, 1910 to supply energy or a person who has obtained sanction under section 28 of that Act to engage in the business of supplying energy but, does not include the Board or a Generating Company;
(g) "Member" means the Member of the Commission and includes the Chairperson but does not include a Member ex officio;
(h) "prescribed" means prescribed by rules made under this Act;
(i) "regulations" means regulations made under this Act;
(j) "State Commission" means the State Electricity Regulatory Commission established under sub-section (1) of section 17;
(k) "transmission utility" means any generating company, board, licensee or other person engaged in the transmission of energy;
(l) "utility" means any person or entity engaged in the generation, transmission, sale, distribution or supply, as the case may be, of energy;
(m) words and expressions used and not defined in this Act but defined in the Electricity (Supply) Act, 1948 or the Indian Electricity Act, 1910 shall have the meanings respectively assigned to them in those Acts.