An Act to amend the Electricity Act, 2003.
BE it enacted by Parliament in the Fifty-fourth Year of the Republic of
India as follows:-
1.
Short title and commencement.
1. Short title and commencement.-(1) This Act may be called the
Electricity (Amendment) Act, 2003.
(2) It shall come into force on such date as the Central Government
may, by notification in the Official Gazette, appoint.
2.
Amendment of section 14.
2. Amendment of section 14.-In section 14 of the Electricity Act, 2003
(36 of 2003) (hereinafter referred to as the principal Act), in the
sixth proviso, for the brackets and words “(including the capital
adequacy, creditworthiness, or code of conduct)”, the words “relating
to the capital adequacy, creditworthiness, or code of conduct” shall be
substituted.
3.
Amendment of section 42.
3. Amendment of section 42.-In section 42 of the principal Act, in subsection
(2), after the fourth proviso, the following proviso shall be
inserted, namely:-
“Provided also that the State Commission shall, not later than five
years from the date of commencement of the Electricity (Amendment) Act,
2003, by regulations, provide such open access to all consumers who
require a supply of electricity where the maximum power to be made
available at any time exceeds one megawatt.”.
4.
Substitution of new section for section 121.
4. Substitution of new section for section 121.-For section 121 of the
principal Act, the following section shall be substituted, namely:-
Power of Appellate Tribunal.
“121. Power of Appellate Tribunal.-The Appellate Tribunal may, after
hearing the Appropriate Commission or other interested party, if any,
from time to time, issue such orders, instructions or directions as it
may deem fit, to any Appropriate Commission for the performance of its
statutory functions under this Act.”.
5.
Amendment of section 135.
5. Amendment of section 135.-In section 135 of the principal Act, in
sub-section (2),-
(i) in clause (a), for the words “has been, is being, or is likely to
be,”, the words “has been or is being” shall be substituted;
(ii) in clause (b), for the words “has been, is being, or is likely to
be,”, the words “has been or is being” shall be substituted.
6.
Substitution of new sections for sections 139 and 140.
6. Substitution of new sections for sections 139 and 140.-For sections
139 and 140 of the principal Act, the following sections shall be
substituted, namely:-
Negligently breaking or damaging works.
“139. Negligently breaking or damaging works.-Whoever, negligently
breaks, injures, throws down or damages any material connected with the
supply of electricity, shall be punishable with fine which may extend
to ten thousand rupees.
Penalty for intentionally injuring works.
140. Penalty for intentionally injuring works.-Whoever, with intent to
cut off the supply of electricity, cuts or injures, or attempts to cut
or injure, any electric supply line or works, shall be punishable with
fine which may extend to ten thousand rupees.”.
7.
Amendment of section 146.
7. Amendment of section 146.-In section 146 of the principal Act, the
following proviso shall be inserted, namely:-
“Provided that nothing contained in this section shall apply to the
orders, instructions or directions issued under section 121.”.