The Electricity Regulatory The Electricity Act, 2003 The Electricity Bill

Commission Act, 1998

Provision Section 3 Section 76

Constitution The Chairperson and

The Chairperson and the other
Members of the Central
Members of the Central
Commission shall be
Commission shall be appointed by
appointed by the Central
the Central Government on the
Government on the
recommendation of the Selection
recommendation of the
Committee referred to in Sec. 5.
Selection Committee referred
The Central Commission shall
to in section 78.
consist of the following Members,
namely: -
The Central Commission
(a) A Chairperson and three other
shall consist of the following
Members; (b) The Chairman of the
Members, namely:- (a) a
Central Electricity Authority
Chairperson and three other
appointed under sub-section (3) of
Members;
Sec. 3 of the Electricity (Supply)
(b) the Chairperson of the
Act, 1948 (54 of 1948), who shall
Authority who shall be the
be the Member, ex-officio.
Member, ex-officio.

Salary Prescribed Prescribed

Removal Any Member of the Central The Central Commission, in

Commission shall only be removed the case of a Member of the
from his office by order of the Central Commission, and the
President on the ground of proved State Government, in the case
misbehaviour after the Supreme of a Member of the State
Court, on reference being made to Commission, may by order
it by the President, has, on an remove from office any
inquiry, held in accordance with the Member.
procedure prescribed in that behalf
by the Supreme Court, reported that
the Member, ought on any such
ground to be removed.
Nature Quasi-Judicial body, but
Quasi-Judicial body, but subject to subject to policy direction by
policy direction by government of government of India.
India.

Tenure 5 years. Not eligible

for 5 years. Not eligible for
reappointment. reappointment in the same
capacity.
(a) To regulate the tariff of (a) To regulate the tariff of (c) to regulate the inter-State
Functions Generating Companies owned or generating companies owned transmission of electricity
controlled by Sthe Central or controlled by the Central including promotion and
Government; (b) To regulate the
tariff of Generating Companies,
other than those owned or
controlled by the Central
Government specified in Cl. (a), if
such Generating Companies enter
into or otherwise have a composite
scheme for generation and sale of
electricity in more than one State-,
(c) To regulate the inter-State
transmission of energy including
tariff of the transmission utilities;
(d) To promote competition,
efficiency and economy in the
activities of the electricity industry;
(e) To aid and advise the Central
Government in the formulation of
tariff policy which shall be, - (i)
Fair to the consumers; and (ii)
Facilitate mobilisation of adequate
resources for the power sector; (f)
To associate with the
environmental regulatory agencies
to develop appropriate policies and
procedures for environmental
regulation of the power sector; (g)
To frame guidelines in matters
relating to electricity tariff, (h) To
arbitrate or adjudicate upon
disputes involving Generating
Companies or transmission utilities
in regard to matters connected with
Cls. (a) to (c) above; (i) To aid and
advise the Central Government on
any other matter referred to the
Central Commission by that
Government.
Government; (b) to regulate
the tariff of generating
companies other than those
owned or controlled by the
Central Government specified
in clause (a), if such
generating companies enter
into or otherwise have a
composite scheme for
generation and sale of
electricity in more than one
State; (c) to regulate the inter-
State transmission of
electricity ; (d) to determine
tariff for inter-State
transmission of electricity; (e)
to issue licenses to persons to
function as transmission
licensee and electricity trader
with respect to their inter-
State operations; (f) to
adjudicate upon disputes
involving generating
companies or transmission
licensee in regard to matters
connected with clauses (a) to
(d) above and to refer any
dispute for arbitration; (g) to
levy fees for the purposes of
this Act; (h) to specify Grid
Code having regard to Grid
Standards; (i) to specify and
enforce the standards with
respect to quality, continuity
and reliability of service by
licensees; (j) to fix the trading
margin in the inter-State
trading of electricity, if
considered, necessary; (k) to
discharge such other
functions as may be assigned
under this Act.
The Central Commission
shall advise the Central
Government on all or any of
the following matters, namely
:- (i) formulation of National
electricity Policy and tariff
policy; (ii) promotion of
development of smart grid,
communication system and
ancillary support;
(ca) regulate electricity
purchase and procurement
process of Railways as
defined in the Indian
Railways Act, 1989
including the price at which
electricity shall be procured
from the generating
companies or licensees or
from other sources through
agreements for the
requirements of Railways
throughout the country;
(cb) to determine the tariff
for supply and wheeling of
electricity, wholesale, bulk
or retail in respect of
Railways as defined in the
Indian Railways Act, 1989;
(d) to determine tariff for
inter-State transmission of
electricity including
communication system;
(ea) to issue licences to
persons establishing any
transmission lines involving
cross border exchange of
electricity in consultation
with the Central
Government;
(j (a)) to regulate the cross
border exchange of
electricity in accordance
with the policy or guidelines
framed by the Central
Government in this regard.
The Central Commission
shall advise the Central
Government on all or any
of the following matters
(ii) promotion of
competition, efficiency and
economy in activities of the
electricity industry
including promotion of
energy efficiency,
renewable energy,
 competition, efficiency and
economy in activities of the
electricity industry; (iii)
promotion of investment in
electricity industry; (iv) any
other matter referred to the
Central Commission by that
Government.
cogeneration from
renewable sources of energy
(4A) In discharge of its
functions, the Central
Commission shall comply
with the Tariff policy
published under section 3.
(5) The performance in
respect of the functions of
the Central Commission
shall be reviewed quarterly
by the Chairperson and a
report shall be submitted to
the Central Government

Rajesh Awasthi v. Nand Lal Jaiswal (2013) 1 SCC 501

West Bengal Electricity Regulatory Commission v.
Calcutta Electricity Supply Company Special Officer, (2002)8 SCC 715,AIR 2002 SC 3588
Commerce, North Eastern Electricity Company of Orissa
Power Trading Corporation India Ltd. v. (2010) 4 SCC 603
Central Electricity Regulatory Commission
Maharashtra Electricity Regulatory Commission v. (2007) 8 SCC 381
Reliance Energy Ltd.
Tata Power Company v. Maharashtra 2009ELR(SC)246
Regulatory Commission
Brihanmumbai Electric Supply & Transport (2015) 2 SCC 438
Undertaking (Best) v. Maharashtra Electricity Regulatory Commission
M/S. Sesa Sterlite Ltd v. Orissa Electricity Regulatory Commission (2014) 8 SCC 444
T.N. Generation and Distribution Corporation v. PPN Power Gen Co. (2014) 11 SCC 53
Energy Watchdog v. Central Electricity Regulatory Commission 2017 SCC online SC
378
The Executive Engineer. v. Sri Seetaram Rice Mill (2012) 2 SCC 108
Vishal Agrawal v. Chhattisgarh SEB (2014) 3 SCC 696
U.P. Power Corpn. Ltd. v. Anis Ahmad (2013) 8 SCC 491
CERC SERC
76. Constitution of Central 82. Constitution of State Commission
Commission 83. Joint Commission
77. Qualifications for appointment of 84. Qualifications for appointment of
Members of Central Commission Chairperson and Members of State
78. Constitution of Selection Commission
Committee to recommend Members 85. Constitution of Selection
79. Functions of Central Commission Committee to select Members of State
80. Central Advisory Committee Commission
81. Objects of Central Advisory 86. Functions of State Commission
Committee