Electricity (Amendment) Act, 2003 (Act No. 57 of 2003)

MINISTRY OF LAW AND JUSTICE (Legislative Department) New Delhi, the 31st December, 2003/Pausa 10, 1925 (Saka) The following Act of Parliament received the assent of the President on the 30th December, 2003 and is hereby published for general information:-- THE ELECTRICITY (AMENDMENT) ACT, 2003 No.57 OF 2003 [30th December, 2003.] 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. (1) This Act may be called the Electricity (Amendment) Act, 2003. (2) It shall come into force on such date as the Central Government Short title may, by notification in the Official Gazette, appoint. and commence- ment. 2. In section 14 of the Electricity Act, 2003 (hereinafter referred to 36 of 2003 as the principal Act), in the sixth proviso, for the brackets and words Amendment of section “(including the capital adequacy, creditworthiness, or code of 14 conduct)”, the words “relating to the capital adequacy, creditworthiness, or code of conduct” shall be substituted. 3. In section 42 of the principal Act, in sub-section (2), after the Amendment fourth proviso, the following proviso shall be inserted, namely:- of section 42. “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.”. Substitution 4. For section 121 of the principal act, the following section shall be of new substituted, namely:- section for section 121 Power of “121. The Appellate Tribunal may, after hearing the Appropriate Appellate Commission or other interested party, if any, from time to time, Tribunal 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.”. Amendment 5. In section 135 of the principal Act, in sub-section (2),- of section 135 (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. Substitution 6. For sections 139 and 140 of the principal Act, the following of new sections shall be substituted, namely:- sections for sections 139 and 140 “139.Whoever, negligently breaks, injures, throws down or Negligently damages any material connected with the supply of electricity, shall breaking or be punishable with fine which may extend to ten thousand rupees.”. damaging works. 140. Whoever, with intent to cut off the supply of electricity, Penalty for cuts or injures, or attempts to cut or injure, any electric supply line intentionally or works, shall be punishable with fine which may extend to ten injuring works. thousand rupees.”.

7. In section 146 of the principal Act, the following proviso shall be Amendment inserted, namely:- of section 146. “Provided that nothing contained in this section shall apply to the orders, instructions or directions issued under section 121.”. T.K.VISWANATHAN Secy. to the Govt. of India