REGISTERED No. PL-33004/97 TO* <§*z*ttt vi ^ttMa EXTRAORDINARY
PART H—Section 1 PUBLISHED BY AUTHORITY No. 13) NEW DELHI, FRIDAY, JANUARY 24, 1997/MAGHA 4, 1918 Separate pnging is given to this Part in order that it may be filed as a separate compilation. MINISTRY OF LAW AND JUSTICE (Legislative Department) New Delhi, the 24th January, \991/Magha4, 1918 (Saka) THE ELECTRICITY LAWS (AMENDMENT) ORDINANCE, 1997 No. 8 OF 1997 Promulgated by the President in the Forty-seventh Year of the Republic of India An Ordinance further to amend the Indian Electricity Act, 1910 and the Electricity (Supply) Act, 1948. WHEREAS Parliament is not in session and the President is satisfied that circumstances exist which render it necessary for him to take immediate action; Now, THEREFORE, in exercise of the powers conferred by clause (1) of article 123 of the Constitution, the President is pleased to promulgate the following Ordinance:—
CHAPTER I PRELIMINARY
1. (/) This Ordinance may be called the Electricity Laws (Amendment) Ordinance,
1997.
(2) It shall come into force at once. Short title and coinmeucement. 2 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Amendment of section
2.
CHAPTER H AMENDMENTS TO THE INDIAN ELECTRICITY ACT, 1910
2. In the Indian Electricity Act, 1910 (hereafter in this Chapter referred to as the Electricity Act), in section 2,— 9 of 1910.
(i) after clause (b), the following clause shall be inserted, namely:— '(ba) "area of transmission" means the area within which alone a transmission licensee is for the time being authorised by his license to transmit energy;*; (('/') after clause (g), the following clauses shall be inserted, namely:— '(ga) "inter-State transmission" means transmission from one State to another State; igb) "intra-State transmission" means transmission within the State;'; (Hi) after clause (m), the following clauses shall be inserted, namely:— '(ma) "transmission license" means a license granted under Part II A to transmit energy; (nib) "transmission licensee" means any person who holds a transmission license;
(me) "transmit" means conveyance of energy by means of main transmission lines and ihe expression "transmission" shall be construed accordingly;'. Insertion of of new Part DA.
3. After Part II of the Electricity Act, me following Part shall be inserted, namely:— Grant of transmission license. "PART IIA TRANSMISSION OF ENERGY
27A. (/) The State Government or any authority notified by that Government may, on application made in the prescribed form and on payment of the prescribed fee, if any, grant a transmission license, subject to such terms and conditions as may be prescribed, to any person for intra-State transmission of energy in the area of transmission within the State.
(2) The Central Government or any authority notified by that Government may, on application made in the prescribed form and on payment of the prescribed fee, if any, grant a transmission license, subject to such terms and conditions as may be prescribed, to any person for inter-State transmission of energy in the area of transmission.
(5) The provisions of sections 12 to ly vuum uitiuaivc) and clauses XIV to XVII (both inclusive) of the Schedule shall, as far as may be, apply to a transmission license subject to the modifications that references to "license" and "licensee" shall be construed as references to "transmission license" and "transmission licensee" respectively.". Stc. 1] THE GAZETTE OF INDIA EXTRAORDINARY 3
4. In section 30 of the Electricity Act, after the word "licensee", the words transmission licensee" shall be inserted. Amendment of section
30.
5. In section 37 of the Electricity Act, In sub-section (2),— (0 in clause (a), for the word "licenses", the words "licenses and transmission licenses" shall be substituted; Amendment of section
37.
(ri) after clause (c), the following clause shall be inserted, namely:— "(ca) prescribe the terms and conditions for giant of transmission license;". <». In section 51 of the Electricity Act, for the words "licensee or any other poison engaged in the business of supplying energy", the words "licensee, transmission licensee or any other person engaged in the business of transmission or supplying energy" shall be substituted. Amendment of section
51. 54 of 1948.
CHAPTER m AMENDMENTS TO THE ELECTRICITY (SUPPLY) ACT, 1948
7. In the Electricity (Supply) Act, 1948 (hereafter in this Chapter referred to as the Supply Act), in section 2, in clause (12), for the word "distribution", the words "distribution or transmission of energy" shall be substituted. Amendment of section
2.
8. For section 41 of the Supply Act, the following section shall be substituted, namely:— Substitution of new section for section 41. "41. (7) Where the Board or a Generating Company considers it necessary to use for any of its purposes any transmission lines or main transmission lines of a licensee, the Board or the Generating Company shall have power to use such lines to the extent to which the capacity thereof is or thereafter remains surplus to the requirements of the licensee for the transmission of electricity, for such time and upon such terms as may be agreed with a licensee and on payment of charges calculated in accordance with the provisions of the Fifth Schedule. Use of transmission lines.
(2) A transmission licensee may enter into an agreement with any Board, Generating Company, bulk licensee, supply licensee or any other transmission licensee for the transmission or supply of electricity.".
9. In section 55 of the Supply Act,—
(a) in sub-section (1), for the words "Every licensee shall comply with", the words "Every licensee or transmission licensee for intra-State transmission shall comply with" shall be substituted;
(fr) in sub-section (2), for the words "Every licensee or Generating Company", the words "Every licensee, transmission licensee or Generating Company" shall be substituted; Amendment of section
55. 4 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—SEC. 1 ]
(c) after sub-section (3), the following sub-section shall be inserted, namely: — "(4) The Central Government in the case of Regional Load Despatch Centres and the State Government in the case of load despatch centres at the State level, may, by notification, specify the fees and charges to be paid to a person to whom the load despatch functions arc entrusted by the Central Government or the State Government, as the case may be.". SHANKER DAYAL SHARMA, President. K. L. MOHANPURJA, Secy, to the Govt. of India. PRINTED BY THE MANAGER GOVERNMENT OF INDIA PRESS, (PLU), M1KTO ROAD, NEW DELHI AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI—1997.