Court : Punjab and Haryana
Reported in : (2010)158PLR70
..... the contention of the petitioner is that under section 177 of the electricity act, 2003, the power to make regulations is vested with the central electricity authority and the regulations of the electricity board already framed under the electricity (supply) act, 1948 would no longer subsist. ..... section 179 saves regulations framed already so long as new regulations were not framed or substituted by the regulations framed under the electricity act, 2003. ..... about the enforceability of the regulations themselves in the light of repeal of the electricity (supply) act of 1948, it was contended on behalf of learned counsel for the respondent that the electricity act of 2003 did not completely abrogate the regulations, which were framed under the electricity (supply) act of 1948. ..... rahul sharma is that the electricity board can frame regulations only if specified power to make regulations is vested by specific provisions in the statute and therefore, in the absence of such specific powers, the claim for interest @18% with regulations as the basis cannot be justified.11. ..... on the enforcement of a term in the regulation itself, the contention of learned counsel appearing for the petitioner is that the provision for regulations were contained in the electricity (supply) act of 1948 through section 49 read with section 79(j). ..... section 49 makes provision for persons other than licensee and section 79 makes provision for regulations, which are not inconsistent with the provisions of the act. .....
Tag this Judgment!Court : Allahabad
..... the central electricity authority [see section 2(6) of the act 2003] to make regulations consistent with the act and the rules to carry out the provisions of the act. ..... it is true that the term "such other matters" is wide enough to cover various aspects of the matter but one has to be conscious of the fact that power of state commission to make provisions under section 50 are not as wide as is the power to make rules and regulations conferred under sections 176 to 181 of act 2003 which talks of making provisions in general for carrying out the provisions of act 2003. ..... note: section 145 of the electricity act provides that no civil court shall have the jurisdiction to entertain any suit or proceeding in respect of any matter, which an assessing officer, or an appellate authority, is empowered to determine, and no injunction shall be granted by any court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under the act. ..... same as in column 2 note; section 145 of the electricity act provides that no civil court shall have the jurisdiction to entertain any suit or proceeding in respect of any matter, which an assessing officer, or an appellate authority appointed, is empowered to determine, and no injunction shall be granted by any court or other authority in respect of any action taken or to be taken or to be taken in pursuance of any power conferred by or under the act. ..... similarly, section 177 confers power upon the authority i.e. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : JT2010(3)SC1,2010(3)LC1203(SC)
..... now, therefore, in exercise of powers conferred under section 178 of the electricity act, 2003 (36 of 2003), and all other powers enabling it in this behalf, and after pervious publication, the central electricity regulatory commission hereby makes the following regulations, namely:1. ..... the central and the state governments are also vested with rule-making powers under sections 176 and 180 respectively, while the 'authority' has been defined under section 2(6) as regulation-making power under section 177. ..... secondly, under section 177, the central authority is also empowered to make regulations consistent with the act and the rules to carry out the provisions of the act. ..... (6) the appellate tribunal may, for the purpose of examining the legality, propriety or correctness of any order made by the adjudicating officer or the appropriate commission under this act, as the case may be, in relation to any proceeding, on its own motion or otherwise, call for the records of such proceedings and make such order in the case as it thinks fit.part xviiimiscellaneoussection 177 - powers of authority to make regulations. .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL
..... accordingly, the factors specified in section 61 of the electricity act, 2003 are not mandatory and do not constrain/limit the powers of the commission in formulating its tariff regulations in terms of section 181(2) . iv. ..... one must keep in mind the dichotomy between the power to make a regulation under section 178 on one hand and the various enumerated areas in section 79(1) in which the central commission is mandated to take such measures as it deems fit to fulfil the objects of the 2003 act. ..... of cross subsidy surchargecentral commission has framed regulations under section 178 fixing the trading marginstate commission has framed regulations under section 181 specifying method to compute the cross subsidy surchargeinstead of fixing a trading margin (including capping) on a case to case basis, the central commission thought it fit to make a regulation which has a general application to the entire trading activity which has been recognized, for the first time, under the 2003 act.instead of determining cross subsidy on a case ..... the central and the state governments are also vested with rule-making powers under sections 176 and 180 respectively, while the "authority" has been defined under section 2(6) as regulation-making power under section 177. ..... if the levy is unreasonable, it could be the subject matter of challenge before the appellate authority under section 111 as the levy is imposed by an order/decision making process. .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL Appellate Jurisdiction
..... accordingly, the factors specified in section 61 of the electricity act, 2003 are not mandatory and do not constrain/limit the powers of the commission in formulating its tariff regulations in terms of section 181(2) . iv. ..... one must keep in mind the dichotomy between the power to make a regulation under section 178 on one hand and the various enumerated areas in section 79(1) in which the central commission is mandated to take such measures as it deems fit to fulfil the objects of the 2003 act. ..... of cross subsidy surchargecentral commission has framed regulations under section 178 fixing the trading marginstate commission has framed regulations under section 181 specifying method to compute the cross subsidy surchargeinstead of fixing a trading margin (including capping) on a case to case basis, the central commission thought it fit to make a regulation which has a general application to the entire trading activity which has been recognized, for the first time, under the 2003 act.instead of determining cross subsidy on a case ..... the central and the state governments are also vested with rule-making powers under sections 176 and 180 respectively, while the "authority" has been defined under section 2(6) as regulation-making power under section 177. ..... if the levy is unreasonable, it could be the subject matter of challenge before the appellate authority under section 111 as the levy is imposed by an order/decision making process. .....
Tag this Judgment!Court : Delhi
..... the central and the state governments are also vested with rule-making powers under sections 176 and 180 respectively, while the "authority" has been defined under section 2(6) as the regulation-making power under section 177. ..... the government further directs under section 108 of the electricity act, 2003 that the delhi electricity regulatory commission will not issue the tariff order till the statutory advice given by the commission as asked for, is thoroughly examined by the government and the government gives a go ahead for passing of tariff orders. ..... it is profitable to note here that various assertions have been made with regard to the issues relating to the finalization of the tariff by the commission under the provisions of the electricity act, 2003 (for brevity 2003 act), the illegality committed by the government of national capital territory of delhi (gnctd) in asking the commission not to issue the tariff and further how the consumers have been affected by the non-issuance of the tariff ..... time-line to pass the tariff orders: in one of my earlier notings i had mentioned as under: "it has been mentioned earlier that in terms of the provisions of the electricity act, 2003 the tariff orders are required to be issued within 120 days of the filing of the tariff petitions. .....
Tag this Judgment!Court : Supreme Court of India
..... under section 177, the central authority is also empowered to make regulations consistent with the act and the rules to carry out the provisions of the act. ..... next issue which falls for consideration is whether an electricity charge can be introduced by way of statutory regulations or rules enacted by a regulatory commission under its rule making power in the 2003 act.105. ..... the scope of the regulatory powers of the state commission under section 50 of the 2003 act is wide enough to stipulate conditions for recovery of electricity arrears of previous owners from new or subsequent owners; ..... assam electricity regulatory commission framed the aerc supply code on 30 august 2004 in exercise of its power under section 50 of the 2003 166 part g act to provide for recovery of electricity charges. ..... the power to initiate recovery proceedings by filing a suit against the defaulting consumer is independent of the power to disconnect electrical supply as a means of recovery under section 56 of the 2003 act; ..... , reject the submission of the auction purchasers that the recovery of outstanding electricity arrears either by instituting a civil suit against the erstwhile consumer or from a subsequent transferee in exercise of statutory power under the relevant conditions of supply is barred on the ground of limitation under section 56(2) of the 2003 act. ..... the state commission under section 50 of the 2003 act can only frame regulations for supply of electricity and has no power to provide for any fiscal .....
Tag this Judgment!Court : Supreme Court of India
..... electricity regulatory commission (surpa), the constitution bench framed the following questions: (i) whether the appellate tribunal constituted under the electricity act, 2003 (the 2003 act) has jurisdiction under section 111 to examine the validity of the central electricity regulatory commission (fixation of trading margin) regulations, 2006 framed in exercise of power conferred under section 178 of the 2003 act ..... (i) in the hierarchy of regulatory powers and functions under the 2003 act, section 178, which deals with making of regulations by the central commission, under the authority of subordinate legislation, is wider than section 79(1) of the 2003 act, which enumerates the regulatory functions of the central commission, in specified areas, to be discharged by orders ..... that distinction sought to be made by the other side with reference to the language of sections 79, 111 and 178(2)(ze) of the electricity act, 2003 is illusory because after noticing section 121 which uses the words orders , instructions or directions , the constitution bench has unequivocally held that the said section does not confer power of judicial review on the appellate tribunal.48. ..... bench then considered the question whether section 121 of the electricity act, 2003 can be read as conferring power of judicial review upon the appellate ..... constitution bench extensively referred to the provisions of the electricity act, 2003 including sections 73, 75, 79, 86, 111, 177, 178, 179, 181 and 182, and observed: .....
Tag this Judgment!Court : Andhra Pradesh
..... the central electricity authority (installation and operation of meters.regulations, 2006, was promulgated by the central electricity authority in exercise of powers conferred by sections 55(1).73(e) and 177(2) of the act of 2003. ..... publication - for the purpose of previous publication of regulations under sub-section (3) of section 177, sub-section (3) of section 178 and the sub-section (3) of section 181 of the act, the following procedure shall apply:- (1) the authority or the appropriate commission shall, before making regulations, publish a draft of the regulations for the information of persons likely to be affected thereby; (2) the publication shall be made in such manner as the authority or the appropriate commission deems to be sufficient; (3) there shall be published with the draft regulations, a notice specifying a date on or after which the ..... draft regulations will be taken into consideration; (4) the authority or the appropriate commission having powers to make regulations shall .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL
Reported in : (2006)LCAPTEL698
..... , in exercise of powers conferred under section 178 of the electricity act, 2003 (36 of 2003), and all other powers enabling it in this behalf, and after previous publication, the central electricity regulatory commission hereby makes the following regulations, namely: 1. ..... event we are bound by the decision of the supreme court rendered in the west bengal electricity board case (supra) as it directly deals with the nature of the regulations notified by the regulatory commission in exercise of its power conferred by section 58 of the electricity regulatory commissions act, 1998, a provision similar to sections 67 and 178 of the electricity act, 2003. ..... points that arise for consideration in all the three appeals are: (a) whether this appellate tribunal constituted under the electricity act, 2003 has the jurisdiction to examine the validity of the central electricity regulatory commission (fixation of trading margin) regulations, 2006 framed in exercise of power conferred under section 178 of the electricity act, 2003? ..... , sections 110 to 123 of the electricity act, 2003 and rightly pointed out that no authority or power or jurisdiction is conferred on this appellate tribunal to examine the validity of the impugned ..... we would like to express our anguish once again and emphasize the need for uniformity, practical approach, a thorough study, application of mind and check is warranted while framing the rules/ regulations under section 177 or 178; or 180 of the electricity act, 2003. .....
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