In this Act, unless the context otherwise requires,— 1[(1) „Auxiliary consumption‟ means electricity consumed by any electrical apparatus situated in a generating station, for generating electricity, including Captive Generating Plant, Co-Generating Plant or any other generating plant excluding any building used for housing the operating staff of a generating station;
(1A) 'Captive consumption' means electricity consumed for own use to the extent of not less than fifty one percent of 2[the electricity generated by own generating plant or a captive generating plant]2 situated within the State of Karnataka determined on an annual basis.
Provided that in respect of an association the own consumption of members to the extent of fifty one percent of the electricity generated shall be proportionate to their ownership share in the power plant, within a variation of ten percent determined on an annual basis.
but does not include,-
(a) the electricity consumed in any building used for housing the operating staff; and
(b) the auxiliary consumption; and
(c) losses sustained in transformation and transmission.” (1B) „Chief Electrical Inspector to Government' means the Chief Electrical Inspector to Government appointed by the State Government under sub section
(1) of Section 162 of the Electricity Act, 2003 (Central Act 36 of 2003) who is the head of the Department of Electrical Inspectorate;]1
1.Inserted by Act of 31of 2013 w.e.f.05.03.2013.
2. Substituted by Act 24 of 2018 w.e.f. 19.07.2018.
1[(1C) “consumer” includes a local Authority, company or any other person to whom electricity is supplied by a licensee or by any other person on payment of charges or otherwise, and a licensee or other person who consumes electricity generated by himself, but does not include a licensee to whom electricity is supplied for supply to others, and the word “consume” with its grammatical variations shall be construed accordingly;
Explanation.- Where a licensee to whom electricity is supplied for supply to others, himself consumes any part of the electricity he shall be deemed to be a consumer in respect of electricity so consumed;]1
1. Substituted by Act 31 of 2013 w.e.f. 05.03.2013.
1[(2) „electricity‟ means electrical energy,-
(a) generated, consumed, transmitted, supplied or traded for any purposes; or
(b) used for any purpose except the transmission of message.
(2A) 'electricity charges‟ means, the electricity consumption charges payable by the consumer at the prescribed rates on the units of electricity supplied to such consumer;
(2B) „Inspecting Officer‟ means any officer appointed by the State Government as Inspecting Officer under section 6 of this Act)]1.
1. Substituted by Act 31 of 2013 w.e.f. 05.03.2013.
(3)“licensee” means,- 1[(a) any person who has been granted or deemed to have been granted a license under section 14 of the Electricity Act, 2003 (Central Act 36 of 2003) and includes any person who had obtained sanction in accordance with section 14 of the Karnataka Electricity Reforms Act, 1999 (Karnataka Act 25 of 1999);]1
1. Substituted by Act 31 of 2013 w.e.f. 05.03.2013.
1[(b)]1
1. Omitted by Act 31 of 2013 w.e.f. 05.03.2013.
(c) the State Government when it is engaged in the business of supplying 1[electricity]1;
1. Substituted by Act 31 of 2013 w.e.f. 05.03.2013.
1[(3A) „non-licensee‟ means any person not being a licensee who generates electricity either for his own consumption or for supply to any other person for a charge or otherwise, where license is not required as per the provisions of the Electricity Act, 2003 (Central Act 36 of 2003), rules and regulations made thereunder;]1
1.Inserted by Act of 31of 2013 w.e.f.05.03.2013.
(4) “notification” means a notification published in the Official Gazette;
1[(4a) 'supply' in relation to electricity includes sale of electricity to a licensee or consumer.
Provided that sale does not include where electricity supplied to licensee for supply to others]1.
1.Inserted by Act of 31of 2013 w.e.f.05.03.2013.
(5)“prescribed” means prescribed by rules made under this Act.
1[(6) 'unit‟ means one kilowatt hour of electricity being measured by means of energy meter or trivector meter or any of the methods adopted to measure electricity]1.
1.Inserted by Act of 31of 2013 w.e.f.05.03.2013.
1 [3. Levy of tax on 2 [electricity charges etc.]
2 .- 4[ 3 [(1)] 3 Subject to the provisions of this Act, there shall be levied and paid to the State Government electricity tax on advolorem basis at 5[nine percent]5 on the charges payable on electricity sold to or consumed by, any consumers (excluding arrears) when electricity is supplied by licensee or non-licensee through licensee or otherwise;
5[Provided that when any person,-
(a) consumes electricity generated by himself, the person shall be liable to pay the electricity tax on the rate of charges of electricity levied by the licensee to other similar category of consumers;
(b) supplies at the rate less than the rate of charges of electricity levied by the licensee to other consumers or free of cost, the consumer shall be liable to pay the electricity tax on the rate of charges of electricity levied by the licensee to other similar category of consumers.]5 except,-
(i) the consumers under agricultural (irrigation pump sets upto and inclusive of ten horse power);
(ii) Bhagya Jyothi and kutira jyothi categories upto the extent of free consumption allowed by the State Government from time to time; and
(iii) the consumers covered under sub-section (2).]4
1. Substituted by Act 7 of 2003 w.e.f. 1.4.2003.
2. Substituted by Act 5 of 2004 w.e.f. 16.10.2003.
3. Renumbered by Act 5 of 2004 w.e.f. 16.10.2003.
4. Substituted by Act 31 of 2013 w.e.f. 05.03.2013.
5. Substituted by Act 24 of 2018 w.e.f. 19.07.2018.
2[1 [(2) Subject to the provisions of this Act, there shall be levied and paid to the State Government by every non licensee electricity tax on all the units of electricity consumed by himself at such rates specified by the State Government, by notification, from time to time but not exceeding the rates specified below, namely:-
(a) electricity tax not exceeding 50 paise per unit on captive consumption;
(b) electricity tax not exceeding 25 paise per unit on auxiliary consumption in a generating station whether Captive Generating Plant or cogeneration plant or otherwise, for the auxiliary loads exceeding 50 Kilo Watts.”.]
1 ]2
1. Inserted by Act 5 of 2004 w.e.f. 16.10.2003.
2. Substituted by Act 31 of 2013 w.e.f 05.03.2013.