The Appropriate Commission shall, subject to the provisions of this Act,
specify the terms and conditions for the determination of tariff, and in doing so,
shall be guided by the following, namely:-
54 of 1948 14 of 1998
- the principles and methodologies specified by the Central Commission
for determination of the tariff applicable to generating companies and
- the generation, transmission, distribution and supply of electricity
are conducted on commercial principles;
- the factors which would encourage competition, efficiency, economical
use of the resources, good performance and optimum investments;
- safeguarding of consumers' interest and at the same time, recovery
of the cost of electricity in a reasonable manner;
- the principles rewarding efficiency in performance;
- multi year tariff principles;
- that the tariff progressively reflects the cost of supply of electricity
and also, reduces and eliminates cross-subsidies within the period to
be specified by the Appropriate Commission;
- the promotion of co-generation and generation of electricity from
renewable sources of energy;
- 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 continue to apply for a period of one year or until
the terms and conditions for tariff are specified under this section, whichever is
Determination of Tariff.
Determination of tariff by bidding process.
- The Appropriate Commission shall determine the tariff in accordance
with provisions of this Act for –
- supply of electricity by a generating company to a distribution
licensee: Provided that the Appropriate Commission may, in case of
shortage of supply of electricity, fix the minimum and maximum ceiling
of tariff for sale or purchase of electricity in pursuance of an agreement,
entered into between a generating company and a licensee or between
licensees, for a period not exceeding one year to ensure reasonable
prices of electricity;
- transmission of electricity ;
- wheeling of electricity;
- retail sale of electricity. Provided that in case of distribution
of electricity in the same area by two or more distribution licensees,
the Appropriate Commission may, for promoting competition among distribution
licensees, fix only maximum ceiling of tariff for retail sale of electricity.
- The Appropriate Commission may require a licensee or a generating
company to furnish separate details, as may be specified in respect
of generation, transmission and distribution for determination of tariff.
- The Appropriate Commission shall not, while determining the tariff
under this Act, show undue preference to any consumer of electricity
but may differentiate according to the consumer's load factor, power
factor, voltage, total consumption of electricity during any specified
period or the time at which the supply is required or the geographical
position of any area, the nature of supply and the purpose for which
the supply is required.
- No tariff or part of any tariff may ordinarily be amended more frequently
than once in any financial year, except in respect of any changes expressly
permitted under the terms of any fuel surcharge formula as may be specified.
- The Commission may require a licensee or a generating company to
comply with such procedures as may be specified for calculating the
expected revenues from the tariff and charges which he or it is permitted
- If any licensee or a generating company recovers a price or charge
exceeding the tariff determined under this section, the excess amount
shall be recoverable by the person who has paid such price or charge
along with interest equivalent to the bank rate without prejudice to
any other liability incurred by the licensee.
Notwithstanding anything contained in section 62, the Appropriate
Commission shall adopt the tariff if such tariff has been determined through
transparent process of bidding in accordance with the guidelines issued by the
Procedure for tariff order.
Provision of subsidy by State Government.
- An application for determination of tariff under section 62 shall
be made by a generating company or licensee in such manner and accompanied
by such fee, as may be determined by regulations.
- Every applicant shall publish the application, in such abridged form
and manner, as may be specified by the Appropriate Commission.
- The Appropriate Commission shall, within one hundred and twenty days
from receipt of an application under sub-section (1) and after considering
all suggestions and objections received from the public,-
- issue a tariff order accepting the application with such modifications
or such conditions as may be specified in that order;
- reject the application for reasons to be recorded in writing if
such application is not in accordance with the provisions of this
Act and the rules and regulations made thereunder or the provisions
of any other law for the time being in force: Provided that an applicant
shall be given a reasonable opportunity of being heard before rejecting
- The Appropriate Commission shall, within seven days of making the
order, send a copy of the order to the Appropriate Government, the Authority,
and the concerned licensees and to the person concerned.
- Notwithstanding anything contained in Part X, the tariff for any
inter-State supply, transmission or wheeling of electricity, as the
case may be, involving the territories of two States may, upon application
made to it by the parties intending to undertake such supply, transmission
or wheeling, be determined under this section by the State Commission
having jurisdiction in respect of the licensee who intends to distribute
electricity and make payment therefor:
- A tariff order shall, unless amended or revoked, shall continue to
be in force for such period as may be specified in the tariff order.
If the State Government requires the grant of any subsidy to any consumer
or class of consumers in the tariff determined by the State Commission
under section 62, the State Government shall, notwithstanding any direction
which may be given under section 108, pay, within in advance in the manner
as may be specified , by the State Commission the amount to compensate
the person affected by the grant of subsidy in the manner the State Commission
may direct, as a condition for the licence or any other person concerned
to implement the subsidy provided for by the State Government:
Provided that no such direction of the State Government shall be operative
if the payment is not made in accordance with the provisions contained
in this section and the tariff fixed by State Commission shall be applicable
from the date of issue of orders by the Commission in this regard. .
Development of market.
The Appropriate Commission shall endeavour to promote the development
of a market (including trading) in power in such manner as may be specified and
shall be guided by the National Electricity Policy referred to in section 3 in this