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P.Nachimuthu and ors. Vs. the District Collector and ors.

Court : Chennai

..... section 183 and 185 of the electricity act, 2003: 28.section 183 of the electricity act, 2003 speaks about the power of the central government to remove the difficulties by way of making the order removing the difficulties. ..... section 2(16) of the electricity act, 2003 deals with dedicated transmission lines and therefore, the same is governed by the electricity [removal of difficulty] (fifth) order, 2005. ..... therefore, this is no difficulty in holding that under section 185 of the electricity act, 2003, the provisions contained under sections 12 to 18 of the indian electricity act, 1910 would be made applicable in the absence of any rules made by the state government but the same provisions cannot be made applicable to the petitioners as they are neither the owners nor the occupiers. ..... in terms of sub-section (72) of section 2 of the act nor it is a distribution system connecting the point of a connection to the installation of consumer in terms of sub-section (19) of section 2 of the act; and whereas difficulties have arisen regarding the requirement of a transmission licence for establishing, operating or maintaining a dedicated transmission line; now, therefore, the central government in exercise of its powers conferred by section 183 of the act hereby makes the order in respect of establishing, operating or maintaining a dedicated transmission line, not inconsistent with the provisions of the act, to remove the difficulties, namely; 1. .....

T.Bhuvaneswari Vs. District Collector Cum District Magistrate of Erode ...

Court : Chennai

..... section 183 of the electricity act, 2003 speaks about the power of the central government to remove the difficulties by way of making the order removing the difficulties. ..... section 2(16) of the electricity act, 2003 deals with dedicated transmission lines and therefore, the same is governed by the electricity [removal of difficulty]. ..... having taken into consideration the relevant provisions of the indian telegraph act, 1885 and electricity act, 2003 and analysis of section 67 and section 164 of the electricity act, 2003, the legal position is that, whenever an order is passed by the appropriate government, in exercise of powers under section 164 of the electricity act, 2003, for placing of electric lines for the transmission of electricity, conferring upon any public officer, licensee or any other person engaged in the business of supplying electricity any of the powers which the telegraph authority possesses under the indian telegraph ..... as regards the powers conferred under sections 67, 68, 176, 180, 183 and 185 of the electricity act, 2003, the learned judge, observed as follows: sections 67, 176 & 180 of the electricity act, 2003:26. .....

Kovvuri Trinadha Reddy Late Sri Subba Reddy, Hindu Vs. Eastern Power D ...

Court : Andhra Pradesh

Reported in : 2007(6)ALD752

..... as the distribution licensees had expressed difficulty in taking appropriate action in controlling theft of electricity, as it became necessary to enable them to take timely and appropriate action in cases of theft or diversion of electricity to other areas and as difficulties had arisen in giving effect to the provisions of the electricity act, 2003, in controlling theft of electricity by the distribution licensees, the central government, in exercise of the powers conferred under section 183 of the electricity act, 2003, made the electricity (removal of difficulties) order, 2005 which was notified in s.o. ..... section 183(1) enables the central government, if any difficulty arises in giving effect to the provisions of the electricity act, 2003, by an order published, to make such provisions, not inconsistent with the provisions of the electricity act, 2003, as may appear to be necessary for removing the difficulty. ..... electricity regulatory commission, took note of the electricity (removal of difficulties) order, 2005 made by the central government, under section 183 of the electricity act, 2003, on 08.06.2005 and the general terms and conditions of supply of distribution licensees which, inter alia, contained matters covered in the order dated 08.06.2005. .....

Kovvuri Trinadha Reddy and ors. Vs. Eastern Power Distribution Corpora ...

Court : Andhra Pradesh

Reported in : 2007(4)ALT580

..... as the distribution licensees had expressed difficulty in taking appropriate action in controlling theft of electricity, as it became necessary to enable them to take timely and appropriate action in cases of theft or diversion of electricity to other areas and as difficulties had arisen in giving effect to the provisions of the electricity act, 2003, in controlling theft of electricity by the distribution licensees, the central government, in exercise of the powers conferred under section 183 of the electricity act, 2003, made the electricity (removal of difficulties) order, 2005 which was notified in s.0.790(e), ministry of power, dated 08-06-2005. ..... section 183(1) enables the central government, if any difficulty arises in giving effect to the provisions of the electricity act, 2003, by an order published, to make such provisions, not inconsistent with the provisions of the electricity act, 2003, as may appear to be necessary for removing the difficulty. ..... electricity regulatory commission, took note of the electricity (removal of difficulties) order, 2005 made by the central government, under section 183 of the electricity act, 2003, on 08-06-2005 and the general terms and conditions of supply of distribution licensees which, inter alia, contained matters covered in the order dated 08-06-2005. .....

National Hydroelectric Power Vs. H.P. State Electricity

Court : Appellate Tribunal for Electricity APTEL

Reported in : (2006)LCAPTEL730

..... we could appreciate the anxiety on the part of the contesting respondent-commission in seeking to enforce the provisions of the electricity act, 2003 and the regulations framed thereunder, however, we are bound to take a different view in view of the electricity removal of difficulty fourth order published on 8^th june, 2005 in exercise of power conferred under section 183 of the electricity act, 2003. ..... the said removal of difficulty order issued in exercise of section 183 of the electricity act, 2003 constitute part of the statute book of the electricity act, 2003 and it has all the efficacy and force of the legislative enactment.17. ..... on a consideration of the provisions of the electricity act, 2003, the removal of difficulty fourth order and the regulations relied upon by the learned counsel for the commission, we are of the considered view that the housing colony being part of generating station, no license is required for distribution of power by the appellant, a generator to its housing colony providing housing to the operating staff.the object of the order is clear from the preamble of the order, which reads thus: and whereas "generating ..... electricity act, 2003, the regulations framed by the first respondent even assuming requires a license or secure open access has to give way to the said removal of difficulty order.18. .....

Rvk Energy Pvt. Ltd. Vs. Central Power Distribution Co. of

Court : Appellate Tribunal for Electricity APTEL

Reported in : (2007)LCAPTEL1222

..... it was pointed out by the aperc in the impugned order dated september 21, 2005 that on june 8, 2005 the ministry of power, government of india, in exercise of its powers conferred by section 183 of the act, had issued the electricity (removal of difficulties) second order 2005, effective from june 10, 2003. ..... fresh developments, the aperc seems to have abandoned the earlier proceedings and issued a fresh public notice, in consonance with the requirements of the first proviso to sub-section (2) of section 42 of the electricity act, 2003 (for short 'the act') read with section 86(1)(a) thereof, with a view to elicit objections/suggestions of the stakeholders and interested persons to its fresh proposal to levy the surcharge payable by the users of open access for supply of electricity to the consumers with reference to consultative paper prepared by it. ..... the ones covered by the electricity (removal of difficulties) second order 2005 as they will not be able to pay cross subsidy surcharge calculated on the basis of embedded cost methodology.this, according to the learned counsel will obviously deter the appellants and others from setting up new generating stations and therefore, the appellants and others will not be able to add to the existing generation capacity, notwithstanding the dire need of the country for more power.12. .....

Abhay Tyagi Vs. State (Delhi Admn.) and anr.

Court : Delhi

Reported in : 2009LC(DEL)32

..... that after the enactment of electricity act 2003 (hereinafter referred to as the new act) which repealed the indian electricity act 1910 as well as delhi electricity reforms act 2000 no powers were left with the 2nd respondent to file a complaint before the police or to get an fir registered with respect to the allegations made by them in the complaint, as no cognizance could have been taken of the alleged offences specified under section 135 to 138 which are para-materia to section 39 of the old act except upon a complaint ..... 2 is entitled to lodge complaint with the local police regarding theft of electricity.10.6.2003 indian electricity act, 1910, is repealed and electricity act, 2003 (the act) is enacted and brought into force.8.3.2004 government of nct of delhi issued a notification, authorizing officers not below the rank of junior engineer dealing with distribution, commercial and enforcement function, in bses for implementation of the functions, under section 126 of the act.21.04.2004 inspection carried out by officials of the respondent no. ..... 790(e) dated 8th june 2005 called the electricity (removal of difficulties) order, 2005 which was brought into force on 8th june 2005. ..... after the decision in sohanlal, the central government, on 10th day of june 2003, in exercise of the powers conferred by section 183 of the act, issued order no. .....

Torrent Power Aec Ltd. Vs. Gayatri Intermediates Pvt. Ltd.

Court : Gujarat

Reported in : (2006)2GLR1580

..... whereas taking measures conducive to development of electricity industry and supply of electricity to all areas are objectives, amongst others, of the act, as stated in its preamble;and whereas the difficulties have arisen in giving effect to the provisions of the act in controlling theft of electricity by the distribution licensees;now, therefore, the central government, in exercise of its powers conferred by section 183 of the act hereby makes the following order in respect of electricity supply code in terms of section 50 of the act, not inconsistent with the provisions of the act, to remove the difficulties, namely, -1. ..... 790(e) whereas the electricity act, 2003 (36 of 2003) (hereinafter referred to as the act) came into force on the 10th june, 2003 :and whereas section 50 of the act provides that the state commission shall specify an electricity supply code to provide for recovery of electricity charges, intervals for billing of electricity charges, disconnection of supply of electricity for non-payment thereof, restoration of supply of electricity, tampering, distress or damage to electrical plant, electric lines or meter, entry of distribution licensee or any person acting on his behalf for disconnecting supply and removing the meter, entry for .....

Siel Limited Vs. the Punjab State Electricity

Court : Appellate Tribunal for Electricity APTEL

Reported in : (2006)LCAPTEL931

..... the central government issued the order in exercise of the powers conferred on it under section 183(1) of the act of 2003 for removal of difficulties in giving effect to the provisions of the act. ..... it will, therefore, be useful to set out the preamble of the act of 2003, sections 39, 42, 61(d) and (g) and section 65 thereof, national electricity policy and national tariff policy notified by the central government on 12^th february, 2005 and 6^th january, 2006 respectively, to the extent these are relevant to the matters relating to cost of supply, cross subsidy and subsidy. ..... according to the learned counsel for the board and the commission, section 61(g) of the electricity act, 2003, must be applied in an objective and rational manner. ..... in the electricity act of 2003, with which we are concerned, even this requirement of section 46(1) of the electricity supply act, 1948, which has been highlighted by the supreme court, is not there. ..... the pseb, even after coming into the force of the electricity act of 2003, has remained vertically integrated utility under the provisions of section 172 of the act of 2003, which reads as under: (a) a state electricity board constituted under the repealed laws shall be deemed to be the state transmission utility and a licensee under the provisions of this act for a period of one year from the appointed date or such earlier date as the state government may notify, and shall perform the .....

Ptc India Ltd. Vs. Central Electricity Regulatory Commission Thr. Secy ...

Court : Supreme Court of India

Reported in : JT2010(3)SC1,2010(3)LC1203(SC)

..... section 183 - power to remove difficulties(1) if any difficulty arises in giving effect to the provisions of this act, the central government may, by order published, make such provisions not inconsistent with the provisions of this act, as may appear to be necessary for removing the difficulty:provided that no order shall be made under this section after the expiry of two years from the date of commencement of this act ..... points that arise for determination are:(i) whether the appellate tribunal constituted under the electricity act, 2003 ('2003 act') has jurisdiction under section 111 to examine the validity of central electricity regulatory commission (fixation of trading margin) regulations, 2006 framed in exercise of power conferred under section 178 of the 2003 act? ..... 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, ..... at the outset, we may state that material brought on record indicates that section 121 of the original electricity act, 2003, quoted hereinabove, was never brought into force because some mps expressed the concern that the power, under that section, conferred upon the chairperson of the appellate tribunal, could lead to excessive centralization of power and interference with the day-to-day activities of the commission by the chairperson of .....