Friday, June 11, 2021

Electricity Law

 


Statutory Law

  1. Indian Electricity Act - 1910 - link
  2. Electricity  (Supply) Act - 1948 - link
  3. Electricity is List III  CONCURRENT LIST of the Schedule 7 of Constitution of India.
  4. Sale of Goods Act
    1. SC Electricity is a good though you can only perceive it and use it.
  5. The Electricity Regulatory Commission Act - 1998 - link
  6. The Electricity Act 2003 - link
  7. Electricity Supply Code

Types of Power

  1. Thermal
  2. Nuclear
  3. Hydro
  4. Wind
  5. Bio
  6. Solar

Historically

  1. Generation, transmitting, distribution, consumption, fixing price - where all state actors 
  2. 1980 - Private Enterprises entry into
  3. 1998 - World Bank - if you don't reform no one will invest in India 

Players In the Market


The Electricity Regulatory Commission Act

  1. Creation of Independent Regulator
  2. Object 
    1. Generation will increase - Ex : Karnataka now has surplus power
    2. Power consumption increasing - how to meet? Increase supply
    3. Generating, Distribution, consumption - deregulation 
    4. Consumer would get good quality and pay proper price
    5. System works smoothly and 
  3. Regulatory Body

Electricity has to be consumed, it is chancala . it cannot be stored. 
Mismatch between consumption and supply

Regulation
  1. Generation 
  2. Consumer - Transparent methodology for fixing pricing

Section 126 - Unauthorized Use

  1. Usage of Electricity by unauthorized means, - ARTIFICIAL Means 
    1. Interfere with metering equipment - put a magnet near router
  2. By means NOT authorized by use
    1. Commercial / Domestic use
  3. For purpose OTHER than actually taken supply
    1. Giving supply to neighbor
    2. Put under high Demand

What can they do when Unauthorized Use?

  1. Inspect the house
  2. if unauthorized use
  3. Make provisional assessment is made
  4. File objection
  5. Authorities have to hear
  6. if Unauthorized used if found? Rate payable is double per unit

Factors involved in calculation of Electricity Charges

  1. Kilo watt Hours
  2. Max Power drawing any point of time
  3. Fixed Charge - You may ask at time for usage, the electricity Generation company has to make good for that.

Part 14 of Electricity Act

  1. Dishonestly - mental intention - mens rea - person should act dishonestly
    1. Taps overhead, under ground
    2. Tampers meter
    3. Destroy the meter
  2. Theft 
    1. There must be Mens Rea
    2. there must be will full action
  3. How do you punish ?
    1. Can they both theft ( 153 IPC ) and unauthorized used be parallely applied. - 2013 8 SCC 49
    2. what will any one will counter
      1. Consumer court
      2. deficient of service
      3. Harassment by the authority
    3. It should follow ombudsman and appeal
  4. There are Special Courts for section 153 u/s the act
    1. Expeditious disposal cases against Society 
    2. Special knowledge for the Judges - Specialization of Judges.
    3. Procedure and punishment 
    4. Criminal Courts - Don't have power of review its own order
    5. Civil Courts - O47 CPC- Review its own order under certain condition on suo moto or application.
    6. Though it is a criminal proceeding - the Special court has power to REVIEW the order.
    7. Effective deterant
  5. Enable recovery of Dues 
    1. The power Transmission corporation - Recovery of Dues of 1976
    2. How it is to be recovered 

What is reason for billing loss

  1. Technical loss
    1. Power has to go through conductor 
    2. based on thickness and size depends on quantum and Voltage transmission
    3. Consumption Indian - 220Volts, USA - 110Volts, Europe - 220V
    4. 11K volts per hr - transmission - higher voltage lesser the the resistance.
    5. There is Step up and Step Down the voltages - Transformers 4k, 1k, when it comes to my area it comes at 440V - 
  2. Commercial loss - theft cases - where there is consumption but not paid
    1. Regulator is pushing to meter everything

Court Cases

  1. Judicial review of Administrative action - ILR 2009 Karnataka 294 - Assessment procedure natural justice has to be formed - notice, reply, adjudication, payment.
  2. 2013 8 SCC 49
  3. Civil Liability, Damage Liability, Criminal Liability - Three parallel proceeding can coexist Independently
    1. 2006 8 SCC 629
    2. 2011 10 SCC 779
  4. Theft Vs Unauthorized Use
    1.  2019 SCCOnline 1077

















Nani Palkhivala - India has grown not because of government but in spite of the government






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