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Uttaranchal Jal Vidyut Nigam Ltd. Vs. Uttaranchal Electricity

Court : Appellate Tribunal for Electricity APTEL

Reported in : (2008)LCAPTEL182

..... to 54, 56 to 69, 72, 75 and 76 to 83 of the electricity (supply) act, 1948, to the extent this act has made specific provisions, provisions of the electricity (supply) act, 1948, shall not apply in the state.15. thus this adaptation and modification act takes notice of the electricity supply act 1948 and repeals some of the provisions of the electricity supply act 1948. however, section 43-a is not mentioned in clause (vi), extracted above ..... was governed by several enactments namely the indian electricity act 1910, the electricity (supply) act 1948, the electricity regulatory commissions act 1998 herein after referred to as the 'central act' and up electricity reforms act 1999 (hereinafter referred to as the reforms act. the central act 1998 provided for establishment of electricity regulatory commissions who were entrusted with the power of fixing tariff. the earlier act, namely electricity (supply) act 1948, had given the power of tariff fixation to .....

M/S. Awadh Wood Products, Bahraich Vs. U.P Power Corporation Limited, ...

Court : Appellate Tribunal for Electricity APTEL

..... and in accordance with section 3 of up electricity reforms act; it became the commission under that act. upon enactment of 2003 act, it became the commission for the purpose of 2003 act and its functions and powers are to be regulated by the provisions of 2003 act. 14. the state electricity board constituted under section 5 of electricity supply act 1948 was unbundled in the year 1999 into three companies ..... and power corporation (r-1) was entrusted with the responsibilities of distribution, retail supply and bulk supply in the state. in the year 2000 the state commission granted license to the .....

Tarini Infrastructure Limited Vs. Gujarat Urja Vikas Nigam Ltd. Though ...

Court : Appellate Tribunal for Electricity APTEL

..... to be specified by the appropriate commission; (h) the promotion of co-generation and generation of electricity from renewable sources of energy; (i) the national electricity policy and tariff policy: provided that the terms and conditions for determination of tariff under the electricity (supply) act, 1948, the electricity regulatory commission act, 1998 and the enactments specified in the schedule as they stood immediately before the appointed date, shall ..... under: 62. determination of tariff. (1) the appropriate commission shall determine the tariff in accordance with the provisions of this act for (a) supply of electricity by a generating company to a distribution licensee: ... (b) transmission of electricity; (c) wheeling of electricity; (d) retail sale of electricity: ... (2) the appropriate commission may require a licensee or a generating company to furnish separate details, as may be .....

In the Matter Of: Himachal Pradesh State Electricity Board, Shimla Vs. ...

Court : Appellate Tribunal for Electricity APTEL

..... the generating station to that extent. the same would be inconsistent with the provisions of law existing then i.e. electricity (supply) act, 1948. under section 61(d) of the electricity act, 2003, the recovery of cost of electricity in a reasonable manner is envisaged. therefore, any attempt by the commission to refuse to factor them in the tariff ..... 5%. this direction shows that the appellant has to pay not only the cost of generation comprising of 5 components as given in eighth schedule of the electricity (supply) act 1948 and clause 7 and clause 21 of regulation 2004 but also a sum amounting to 5% of the cost of generation. (i) the contention of ..... provide for various elements of cost and they will not prohibit the parties for agreeing to lower norms or lower tariff. (e) the eighth schedule of electricity (supply) act, 1948 subscribes to the elements constituting the cost of production. the eighth schedule does not provide that in every case all the costs and expense of the generating .....

Tata Steel Ltd. and Tata Power Com. Vs. Jharkhand State Electricity

Court : Appellate Tribunal for Electricity APTEL

..... granted permission to tisco to establish 3 x 67.5 mw jamshedpur power company ltd. under section 15(a), 43(a)(1)(c) and 44(1) of the electricity (supply) act 1948. the notification, however, does not stop there. it goes on to say that the power produced by jamshedpur power company, after the consumption of tisco, which is ..... 67.5 mw) in jamshedpur power company ltd. and granted sanction under section 15(a), 43(a)(1)(c) and 44(1) of the electricity (supply) act, 1948 (herein after referred to as the act of 1948).3. section 15(a) laid down the objectives, jurisdiction etc. of a generating company and it, inter alia, said that the objective of generating ..... , in view of the proposal for amendment in the configuration, now the state government, after consultation with electricity board, has granted its permission under section 15a, 43 (a), (c) and 44(1) of electricity supply act, 1948 for establishment of unit of 2 x 120 mw in place of proposed construction of 3 x 67.5 megawatt capacity's power .....

Madhya Pradesh Power Generation Company Ltd Vs. Madhya Pradesh Electri ...

Court : Appellate Tribunal for Electricity APTEL

..... to be specified by the appropriate commission; (h) the promotion of co-generation and generation of electricity from renewable sources of energy; (i) the national electricity policy and tariff policy: provided that the terms and conditions for determination of tariff under the electricity (supply) act, 1948, the electricity regulatory commission act, 1998 and the enactments specified in the schedule as they stood immediately before the appointed date, shall ..... tariff) regulations, 2005. 2. scope and extent of application 2.1 these regulations shall apply in all cases of determination of generation tariff under section 62 of the electricity act, 2003 for supply of electricity to a distribution licensee, but shall not apply where tariff has been determined through the transparent process of bidding in accordance with the guidelines issued by the central government .....

Siel Limited Vs. the Punjab State Electricity

Court : Appellate Tribunal for Electricity APTEL

Reported in : (2006)LCAPTEL931

..... them by the commission. while disallowing the aforesaid amount, the commission had also expressed the view that section 59 of electricity (supply) act, 1948, section 29(2) of the electricity regulatory commissions act, 1998 imply that the commission is bound to allow only such expenses/ costs in the arr, which are properly chargeable ..... 46, 57 and 57a of the electricity (supply) act, 1948 (54 of 1948) and the sixth schedule thereto. (b) the case of the board or its successor entities, the principles under section 59 of the electricity (supply) act, 1948 (54 of 1948); (c) that the tariff progressively reflects the cost of supply of electricity at an adequate and improving level ..... counsel for the industrial consumers appear to be correct. according to the proviso to section 61 of the act, the terms and conditions for determination of tariff framed under the electricity (supply) act, 1948, act of 1998 and the enactments specified in the schedule thereto shall continue to apply for a period of .....

Bses Rajdhani Power Ltd. Vs. Delhi Electricity Regulatory

Court : Appellate Tribunal for Electricity APTEL

..... 's revenues and tariffs by regulations. the commission shall be guided by (i) the financial principles and their application provided in the sixth schedule to the electricity (supply) act, 1948 read with sections 57 & 57a of the said act. (ii) the factors which would encourage efficiency, economic use of the resources, good performance, optimum investments and the commission when decide to depart from the factors ..... power to make rules, while section 61 confers power to make regulations. section 63 (3) provides that the provisions of dera act, notwithstanding that the same are inconsistent with or contrary to the provision of the indian electricity act, 1910 or the electricity (supply) act 1948, shall prevail. in terms of proviso to sub section (2) of section 63, the government is conferred with the power to .....

Gajendra Haldea S/O Late Shri Rao Vs. Central Electricity Regulatory

Court : Appellate Tribunal for Electricity APTEL

Reported in : (2008)LCAPTEL203

..... its infancy. the act envisaged growth of the electricity industry through private licensees. accordingly, it provided for licensees who could supply electricity in a specified area. it created the legal framework ..... statement of objects and reasons of the electricity bill, 2001, the preamble of the act of 2003 and relevant provisions of the act are set out below: the electricity supply industry in india is presently governed by three enactments namely, the indian electricity act, 1910, the electricity (supply) act, 1948, the electricity regulatory commissions act, 1998. 1.1 the indian electricity act, 1910 created the basic framework for electric supply industry in india which was then in .....

In the Matter Of: Paschim Gujarat Vij Company Ltd. Gujarat Vs. Gujarat ...

Court : Appellate Tribunal for Electricity APTEL

..... examine the jurisdiction of state commission vis- -vis powers of state government in regard to fixation of tariff. 43. prior to enactment of electricity act 2003 and electricity regulatory commission act 1998, the indian power sector was governed by indian electricity act 1910 and electricity (supply) act 1948. state electricity boards were created under 1948 act. power to set retail tariff was delegated to boards and rate committees setup under section 57a of ..... 1948 act. power to set tariff for generating companies was delegated to appropriate government under section 43a of the 1948 act. electricity regulatory commission act 1998 was enacted in 1998. state electricity regulatory commissions were set up .....