Jammu and Kashmir Electricity Act, 2010
No: 13 Dated: Apr, 29 2010
THE JAMMU AND KASHMIR ELECTRICITY ACT, 2010
(Act No. XIII of 2010)
An Act to consolidate the laws relating to generation, transmission, distribution, trading and use of electricity and generally for taking measures conducive to development of electricity industry, promoting competition therein, protecting interest of consumers and supply of electricity to all areas, rationalization of electricity tariff, ensuring transparent policies regarding subsidies, promotion of efficient and environmentally benign policies, Constitution of State Electricity Regulatory Commission and for matters connected therewith or incidental thereto.
Be it enacted by the Jammu and Kashmir State Legislature in the Sixty-first Year of the Republic of India as follows:-
Part I
Preliminary
1. Short title and commencement. - (1) This Act may be called the Jammu and Kashmir Electricity Act, 2010.
(2) It shall come into force on the date of its publication in the Government Gazette.
2. Definitions. - In this Act, unless the context otherwise requires, -
(1) "Act" means the Jammu and Kashmir Electricity Act, 2010;
(2) "area of supply" means the area within which a distribution licensee is authorized by his licence to supply electricity;
(3) "Authority" means an authority defined as such in clause (6) of section 2 of the Electricity Act, 2003 (Central Act No. 36 of 2003);
(4) "Captive Generation Plant" means a power plant set up by any person to generate electricity primarily for his own use and includes a power plant set up by any co-operative society or association of persons for generating electricity primarily for use of members of such co-operative society or association;
(5) "Central Transmission Utility" shall be assigned the same meaning as defined in clause (10) of section 2 of the Electricity Act, 2003 (Central Act No. 36 of 2003);
(6) "Chairperson" means the Chairperson of the Commission;
(7) "co-generation" means a process which simultaneously produces two or more forms of useful energy (including electricity);
(8) "Commission" means the Jammu and Kashmir State Electricity Regulatory Commission;
(9) "Company" means a company formed and registered under the Companies Act, 1956 and includes any body corporate under a Central or State Act;
(10) "conservation" means any reduction in consumption of electricity as a result of increase in the efficiency in supply and use of electricity;
(11) "Consumer" means any person who is supplied with electricity for his own use by a licensee or by the Government or by any other person engaged in the business of supplying electricity to the public under the Act or any other law for the time being in force and includes any person whose premises are for the time being connected for the purpose of receiving electricity with the works of a licensee, the Government or such other person, as the case may be;
(12) "dedicated transmission lines" means any electric supply line for point to point transmission which are required for the purpose of connecting electric lines or electric plants of a captive generating plant referred to in section 9 or generating station referred to in section 10 to any transmission line or sub-stations or generating stations, or load centre, as the case may be;
(13) "Distribution Licensee" means a licensee authorized to operate and maintain a distribution system for supplying electricity to the consumers in his area of supply;
(14) "Distribution Main" means the portion of any main with which a service line is, or is intended to be, immediately connected;
(15) "Distribution System" means the system of wires and associated facilities between the delivery points on the transmission lines or the generating station and connection and the point of connection to the installation of the consumers;
(16) "Electric Line" means any line which is used for carrying electricity for any purpose and includes, -
(a) any support for any such line, that is to say, any structure, tower, pole or other thing in, on, by or from which any such line is, or may be, supported, carried or suspended; and
(b) any apparatus connected to any such line for the purpose of carrying electricity;
(17) "Electrical Inspector" means a person appointed as such by the Government under the provisions of the Act and also includes the Chief Electrical Inspector;
(18) "Electrical Plant" means any plant, equipment, apparatus or appliance or any part thereof used for, or connected with, the generation, transmission, distribution or supply of electricity but does not include, -
(a) an electric line;
(b) a meter used for ascertaining the quantity of electricity supplied to any premises; and
(c) an electrical equipment, apparatus or appliance under the control of a consumer;
(19) "Electricity" means electrical energy, -
(a) generated, transmitted, supplied or traded for any purpose; or
(b) used for any purpose except the transmission of a message;
(20) "Electricity Supply Code" means the Electricity Supply Code specified under section 44;
(21) "Electricity System" means a system under the control of a generating company or licensee, as the case may be, having one or more, -
(a) generating stations;
(b) transmission lines; or
(c) electric lines and sub-stations;
(22) "Electricity trader" means a person who is authorized to undertake trading in electricity under section 12;
(23) "Franchisee" means a person authorized by a distribution licensee to distribute electricity on its behalf in a particular area within his area of supply;
(24) "Generating Company" means any company or body corporate or association or body of individuals, whether incorporated or not, or artificial juridical person, which owns or operates or maintains a generating station;
(25) "Generate" means to produce electricity from a generating station for the purpose to give supply to any premises or enabling a supply to be so given;
(26) "Generating Station or Station" means any station for generating electricity including any building and plant with step-up transformer, switch-gear, switchyard, cables or other appurtenant equipment, if any, used for that purpose and the site thereof, a site intended to be used for a generating station and any building used for housing the operating staff of a generating station and where electricity is generated by water-power, includes penstocks head and tail works, main and regulating reservoirs, dams and other hydraulic works, but does not in any case include any substation;
(27) "Government" means the Government of the State of Jammu and Kashmir;
(28) "Government Company" shall have the meaning as assigned to it in section 617 of the Companies Act, 1956;
(29) "Grid" means the high voltage backbone system of interconnected transmission lines, sub-station and generating plants;
(30) "Grid Code" means the Grid Code specified by the Central Electricity Regulatory Commission under the provisions of the Electricity Act, 2003 (Central);
(31) "Grid Standards" means the grid standards specified under clause (d) of section 73 of the Electricity Act, 2003 (Central);
(32) "High Voltage Line" means an electric line or cable of a nominal voltage as may be specified by the authority from time to time;
(33) "Inter State Transmission System" includes -
(a) any system for the conveyance of electricity by means of main transmission line from the territory of the State to another State;
(b) the conveyance of electricity across the territory of an intervening state as well as conveyance within the State which is incidental to such Inter-State Transmission of electricity;
(c) the transmission of electricity within the territory of the State on a system built, owned, operated, maintained or controlled by a State Transmission Utility;
(34) "Intra-State Transmission System" means any system for transmission of electricity other than an Inter-State Transmission System;
(35) "Licence" means a licence granted under section 14;
(36) "Licensee" means a person who has been granted a licence under section 14;
(37) "Line" means any wire, cable, tube, pipe, insulator, conductor or other similar thing (including its casing or coating) which is designed or adopted for use in carrying electricity and includes any line which surrounds or supports, or is surrounded or supported by or is installed in close proximity to, or is supported, carried or suspended in association with any such line;
(38) "Local Authority" means any Municipal Council, Municipal Corporation, Municipal Committee, Panchayat constituted at the village, intermediate and district levels or other authority legally entitled to, or entrusted by the Government with, the control or management of any area or local fund;
(39) "Main" means any electric supply line through which electricity is or is, intended to be, supplied;
(40) "Member" means the member of the Commission and includes its Chairperson;