State electricity regulatory commission (India): Difference between revisions
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'''State |
'''State electricity regulatory commissions''' in India are [[Autonomy|autonomous]], [[statutory]] and [[Regulation|regulatory]] bodies constituted for ensuring generation and distribution of [[Electricity generation|electricity]] in the [[states and union territories of India]]. They are formed by notification in official gazette in accordance with the Electricity Regulatory Commissions Act, 1998. The commissions are vested with legislative and judicial powers to resolve conflicts between licence holders of production and distribution of electricity, or consumers and electricity distribution entities, and authority to draft regulations and sub ordinate regulations. The president and other members of such commissions are appointed by [[State governments of India|state governments]] in consultation with the [[Chief justice|Chief Justice]] of the state [[High court|High Court]]. |
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== History and |
== History and objectives == |
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State |
State electricity regulatory commissions are formed with the following objectives:<ref name="serc ref2">{{cite news |title=Establishment and incorporation of State Commission {{!}} Company Vakil Legal Library |url=https://www.companyvakil.com/pro/legallibrary/bare-acts/electricity-regulatory-commissions-act-1998/establishment-and-incorporation-of-state-commission/ |access-date=2 February 2022 |publisher=companyvakil.com}}</ref><ref name="serc ref5">{{cite news |last1=Ranjan |first1=Rakesh |title=Ministry Directs Electricity Regulators to Ensure Timely Issue of Tariff Orders |url=https://mercomindia.com/ministry-directs-regulators-ensure-timely-tariff-orders/ |access-date=2 February 2022 |publisher=Mercom India |date=4 May 2021}}</ref><ref name="serc ref4">{{cite news |title=A comparison of renewable energy regulations |url=https://law.asia/renewable-energy-regulations-comparison/ |access-date=2 February 2022 |publisher=Law.asia |date=10 December 2021}}</ref><ref name="serc ref6">{{cite news |title=Power Of The State Electricity Regulatory Commission To Review Tariffs Under A Power Purchase Agreement - Energy and Natural Resources - India |url=https://www.mondaq.com/india/oil-gas-electricity/531366/power-of-the-state-electricity-regulatory-commission-to-review-tariffs-under-a-power-purchase-agreement |access-date=2 February 2022 |publisher=mondaq.com |date=29 September 2016}}</ref> |
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* Acts as a regulator for distribution licensees during the purchase and procurement of electricity by them . |
* Acts as a regulator for distribution licensees during the purchase and procurement of electricity by them . |
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* Facilitates issuing of licences to transmission and distribution licensees applicants and electricity traders within the state. |
* Facilitates issuing of licences to transmission and distribution licensees applicants and electricity traders within the state. |
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* Fix the rates during wholesale, bulk or retail generation of electricity and its supply, transmission and wheeling within the state. |
* Fix the rates during wholesale, bulk or retail generation of electricity and its supply, transmission and wheeling within the state. |
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* Resolve conflicts between the licensees and/or the generating companies. |
* Resolve conflicts between the licensees and/or the generating companies. |
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* Streamlining electricity tariff. |
* Streamlining electricity tariff. |
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* Transparency in designing subsidy related policies. |
* Transparency in designing subsidy related policies. |
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* Promoting environmental policity in matters relating to electricity. |
* Promoting environmental policity in matters relating to electricity. |
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* Any other matters connected or incidental with it. |
* Any other matters connected or incidental with it. |
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== Advisory |
== Advisory role == |
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State |
State electricity regulatory commissions also have advisory roles:<ref name="serc ref3">{{cite news |title=Functions of State Electricity Regulatory Commission |url=https://advocatetanmoy.com/2019/03/15/functions-of-state-electricity-regulatory-commission/ |access-date=2 February 2022 |publisher=Advocatetanmoy Law Library |date=15 March 2019 |language=en}}</ref> |
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* Designing schemes promoting electricity industry related investment. |
* Designing schemes promoting electricity industry related investment. |
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* Initiating restructuring and reorganisation in Electricity industry. |
* Initiating restructuring and reorganisation in Electricity industry. |
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* Guiding state government in any issues referred to it which are related to generation, transmission, distribution and trading of electricity in the state. |
* Guiding state government in any issues referred to it which are related to generation, transmission, distribution and trading of electricity in the state. |
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== Powers == |
== Powers == |
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State electricity regulatory commissions act as substitutes to civil courts and are vested with legislative and judicial powers to resolve conflicts between licence holders of production and distribution of electricity, or consumers and electricity distribution entities and with authority to draft regulations and sub ordinate regulations.<ref name="serc ref10">{{cite news |title=Government versus regulatory: The Centre must maintain the balance of power |url=https://www.financialexpress.com/opinion/government-versus-regulatory-the-centre-must-maintain-the-balance-of-power/2125899/ |access-date=2 February 2022 |publisher=The Financial Express |date=11 November 2020 |language=en}}</ref><ref name="serc ref9">{{cite news |title=State Electricity Regulatory Commissions (SERCs) are a substitute for civil courts and can execute their own orders. Appellate Tribunal and SERCs have the power to issue directions time bound payment: Supreme Court |url=https://www.jsalaw.com/deals-matter/state-electricity-regulatory-commissions-sercs-are-a-substitute-for-civil-courts-and-can-execute-their-own-orders-appellate-tribunal-and-sercs-have-the-power-to-issue-directions-time-bound-payment/ |access-date=2 February 2022 |publisher=JSA |date=11 October 2021}}</ref> They can also issue orders for the recovery of amounts from power consuming entities which are due to electricity generating companies. |
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== Composition== |
== Composition== |
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State electricity regulatory commissions generally have three members, one of which is the chairperson.<ref name="serc ref7">{{cite news |title=India Code: Section Details |url=https://www.indiacode.nic.in/show-data?actid=AC_CEN_19_22_00001_200336_1517807317930&orderno=84 |access-date=2 February 2022 |publisher=indiacode.nic.in}}</ref> |
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| ⚫ | Chairperson will be appointed by the state government in consultation with the Chief Justice of the state High Court. The eligibility for Chairperson is that he should be serving or served as Judge in any High Court; other members should have good ability, integrity and standing. They should also be proficient experience and expertise knowledge in subjects of accountancy, law, commerce, economics, industry, administration and public affairs and problem solving ability in same. |
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1. Chairperson |
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2. Two members. |
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== List of state electricity regulatory commissions == |
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| ⚫ | Chairperson will be appointed by state |
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| ⚫ | List of |
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{| class="wikitable sortable" |
{| class="wikitable sortable" |
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| ⚫ | |+ List of state electricity regulatory commissions<ref name="serc ref8">{{cite news |title=State electricity regulatory commissions may become more autonomous |url=https://economictimes.indiatimes.com/industry/energy/power/state-electricity-regulatory-commissions-may-become-more-autonomous/articleshow/34445237.cms?from=mdr |access-date=2 February 2022 |publisher=The Economic Times |date=1 May 2014}}</ref><ref name="serc ref11">{{cite news |title=Reforms jolt: Do we need competition in the power sector? |url=https://www.financialexpress.com/opinion/reforms-jolt-do-we-need-competition-in-the-power-sector/2394463/ |access-date=2 February 2022 |publisher=The Financial Express |date=31 December 2021 |language=en}}</ref> |
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! Rank || State || Agency |
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|1 |
|1 |
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|[[Meghalaya]] |
|[[Meghalaya]] |
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|[[Meghalaya State Electricity Regulatory Commission]] |
|[[Meghalaya State Electricity Regulatory Commission]] |
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|16 |
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|[[Nagaland]] |
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|17 |
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|[[Orissa]] |
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|Orissa Electricity Regulatory Commission |
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|18 |
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|[[Punjab, India|Punjab]] |
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|19 |
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|[[Rajasthan]] |
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|[[Rajasthan Electricity Regulatory Commission]] |
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|20 |
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|[[Tamil Nadu]] |
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|[[Tamil Nadu Electricity Regulatory Commission]] |
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|21 |
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|[[Tripura]] |
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|[[Tripura Electricity Regulatory Commission]] |
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|22 |
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|[[Uttarakhand]] |
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|[[Uttarakhand Electricity Regulatory Commission]] |
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|23 |
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|[[Uttar Pradesh]] |
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|[[Uttar Pradesh Electricity Regulatory Commission]] |
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|24 |
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|[[West Bengal]] |
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|[[West Bengal Electricity Regulatory Commission]] |
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|25 |
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|[[Manipur]] and [[Mizoram]] |
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|Joint Electricity Regulatory Commission for the States of [[Manipur]] & [[Mizoram]] |
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|26 |
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|[[Union territory|Union Territories]] |
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|Joint Electricity Regulatory Commission for Union Territories |
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== See also == |
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* [[Central Electricity Regulatory Commission]], the counterpart body of the central government |
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== References == |
== References == |
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<!-- Categories --> |
<!-- Categories --> |
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[[Category:Regulatory agencies of India]] |
[[Category:Regulatory agencies of India]] |
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[[Category:Electric power in India]] |
[[Category:Electric power in India]] |
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[[Category: |
[[Category:Electricity authorities]] |
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Latest revision as of 18:51, 23 November 2024
State electricity regulatory commissions in India are autonomous, statutory and regulatory bodies constituted for ensuring generation and distribution of electricity in the states and union territories of India. They are formed by notification in official gazette in accordance with the Electricity Regulatory Commissions Act, 1998. The commissions are vested with legislative and judicial powers to resolve conflicts between licence holders of production and distribution of electricity, or consumers and electricity distribution entities, and authority to draft regulations and sub ordinate regulations. The president and other members of such commissions are appointed by state governments in consultation with the Chief Justice of the state High Court.
History and objectives
[edit]State electricity regulatory commissions are formed with the following objectives:[1][2][3][4]
- Acts as a regulator for distribution licensees during the purchase and procurement of electricity by them .
- Facilitates the transmission of electricity between different states.
- Facilitates issuing of licences to transmission and distribution licensees applicants and electricity traders within the state.
- Fix the rates during wholesale, bulk or retail generation of electricity and its supply, transmission and wheeling within the state.
- Resolve conflicts between the licensees and/or the generating companies.
- Integrate state grid codes with the grid code designed by Central Electricity Regulatory Commission (CERC) .
- Streamlining electricity tariff.
- Transparency in designing subsidy related policies.
- Promoting environmental policity in matters relating to electricity.
- Any other matters connected or incidental with it.
Advisory role
[edit]State electricity regulatory commissions also have advisory roles:[5]
- Designing schemes promoting electricity industry related investment.
- Planning initiatives in Electrical industry which promotes competition and improves efficiency and brings economy in activities.
- Initiating restructuring and reorganisation in Electricity industry.
- Guiding state government in any issues referred to it which are related to generation, transmission, distribution and trading of electricity in the state.
Powers
[edit]State electricity regulatory commissions act as substitutes to civil courts and are vested with legislative and judicial powers to resolve conflicts between licence holders of production and distribution of electricity, or consumers and electricity distribution entities and with authority to draft regulations and sub ordinate regulations.[6][7] They can also issue orders for the recovery of amounts from power consuming entities which are due to electricity generating companies.
Composition
[edit]State electricity regulatory commissions generally have three members, one of which is the chairperson.[8]
Chairperson will be appointed by the state government in consultation with the Chief Justice of the state High Court. The eligibility for Chairperson is that he should be serving or served as Judge in any High Court; other members should have good ability, integrity and standing. They should also be proficient experience and expertise knowledge in subjects of accountancy, law, commerce, economics, industry, administration and public affairs and problem solving ability in same.
The Chairperson and members of state electricity regulatory commissions are not permitted to hold any other office of profit or any position which is connected with any political party and are also barred from carrying on any business or continuing any profession in any field.
List of state electricity regulatory commissions
[edit]See also
[edit]- Central Electricity Regulatory Commission, the counterpart body of the central government
References
[edit]- ^ "Establishment and incorporation of State Commission | Company Vakil Legal Library". companyvakil.com. Retrieved 2 February 2022.
- ^ Ranjan, Rakesh (4 May 2021). "Ministry Directs Electricity Regulators to Ensure Timely Issue of Tariff Orders". Mercom India. Retrieved 2 February 2022.
- ^ "A comparison of renewable energy regulations". Law.asia. 10 December 2021. Retrieved 2 February 2022.
- ^ "Power Of The State Electricity Regulatory Commission To Review Tariffs Under A Power Purchase Agreement - Energy and Natural Resources - India". mondaq.com. 29 September 2016. Retrieved 2 February 2022.
- ^ "Functions of State Electricity Regulatory Commission". Advocatetanmoy Law Library. 15 March 2019. Retrieved 2 February 2022.
- ^ "Government versus regulatory: The Centre must maintain the balance of power". The Financial Express. 11 November 2020. Retrieved 2 February 2022.
- ^ "State Electricity Regulatory Commissions (SERCs) are a substitute for civil courts and can execute their own orders. Appellate Tribunal and SERCs have the power to issue directions time bound payment: Supreme Court". JSA. 11 October 2021. Retrieved 2 February 2022.
- ^ "India Code: Section Details". indiacode.nic.in. Retrieved 2 February 2022.
- ^ "State electricity regulatory commissions may become more autonomous". The Economic Times. 1 May 2014. Retrieved 2 February 2022.
- ^ "Reforms jolt: Do we need competition in the power sector?". The Financial Express. 31 December 2021. Retrieved 2 February 2022.