Document Fragment View
Fragment Information
Showing contexts for: function of functionary in M/S Narayanpur Power Company Private ... vs Karnataka Electricity Regulatory ... on 15 February, 2012Matching Fragments
26. The Indian Electricity Act 1910 which was born on 1.1.1911 and died on 10.6.2003 and which in fact was an amending law relating to the supply and use of the electrical energy still haunts us in the same manner almost as the Electricity (Supply) Act 1948 which, we must carefully note, is not an Act amending the Act 1910 and which survived from 10.9.1948 to 10.6.2003. Both these two Acts have commonality in this that both dealt with supply of electrical energy but unlike the Act, 1910, the 1948 Act, basically dealt with rationalisation of the production of the electrical energy. The 1910 Act, underwent certain major amendments but two amendments, - one that took place in 1959 and the other that took place in 1998 are noticeable. For the purpose of disposal of this appeal the Amendment Act, 22 of 1998 which came into force from 31.12.1998 is relevant in view of the fact that the concepts like Government Company, Inter-State Transmission System, State Commission, State Electricity Board, State Transmission Utility, Transmission License etc. were introduced in this 1910 Act through the aforesaid amendment. This 1910 Act, which was put to death on the same day as the 1948 Act, and the Electricity Regulatory Commissions Act 1998 subject to certain transitional savings had got in itself incorporated sections 27 A, 27-B, 27-C, 27-D, 27-E and 27-F under the chapter called 'Transmission of Energy" by amendment with effect from 31.12.1998 and these provisions were not incorporated in the 1948 Act, wherein for the first time we find section 5 by which State Electricity Board could be constituted by the State Governments. By the same Amending Act, 22 of 1998 that came into force from 31.12.1998 certain amendments different from those incorporated in the 1910 Act, were incorporated in the 1948 Act in order that a cohesiveness between these two Acts could be read and found out and these Acts with such cohesiveness was further found to be cohesive with the Electricity Regulatory Commission Act 1998 which had a very short spell of survival from 25.4.1998 to 10.6.2003. The Electricity Act, 2003 can be called loosely a Code putting into it all the earlier concepts which were found necessary to be retained and a host of new concepts foreign to the earlier ones . So far as the original Act, 1910 is concerned, it was the Government of a State which in fact owned, operated and maintained the function of generations, transmission and distribution of electrical energy and so far as the present appeal is concerned the 1910 Act is not relevant vis -a -vis the KPTCL and what is only relevant is Part II A of the 1910 Act by which section 27 B was inserted by means of which mandate was given to the State Government to notify the State Electricity Board or any Government Company as the State Transmission Utility the function of which was to undertake transmission of energy through intra-state transmission system in coordination with different functionaries as enumerated in section 27 B (2) (b). The integrated functions of generations, transmission, and distribution were still retained in one hand, now with State Electricity Board and in fact there was no functional divergence worthnoting in the 1948 Act. By Amending Act, 115 of 1976 which came into force from 8.10.1976 the general duty of the Electricity Boards was remodelled in section 18 of 1948 Act, and these duties comprised comprehensively generation, transmission, distribution, supply amongst others. Under section 19 of 1948 Act, the Board was required to supply electricity to any licensee and the word " licensee " carries the same meaning as conveyed in Part -II of the 1910 Act i.e. to supply energy or a person who has obtained sanction under section 28 of that Act to engage in the business of supplying energy .