1. SHORT TITLE, EXTENT AND COMMENCEMENT. -
(l) The Act may be called the Electricity Regulatory Commissions Act,
1998.
(2) It extends to the whole of India except the State of Jammu and
Kashmir.
(3) It shall be deemed to have come into force on the 25th day of April,
1998.
2. DEFINITIONS. -In this Act, unless the context otherwise requires,-
(a) “Central Commission” means the Central Electricity Regulatory
Commission established under sub-section (1) of Sec. 3;
(b) “Chairperson” means the Chairperson of the Commission;
(c) “Commission” means the Central Commission or the State
Commission as the case may be;
(d) High Court means, -
(i) The High Court within the jurisdiction of which the aggrieved
party ordinarily resides or carries on business or personally
works for gain; and
(ii) Where the Central Government is the aggrieved party, the
High Court within the jurisdiction of which the respondent, or
in a case where are more than one respondent, any of the
respondents ordinarily resides or carries on business or
personally works for gain;
(e) “Inter-State transmission” includes-
(i) The conveyance of energy by means of a main transmission
line from the territory of one State to the territory of another
State;
(ii) The conveyance of energy across the territory of an
intervening State as well as conveyance within the State,
which is incidental to such inter-State transmission of
energy;
(iii) The transmission of energy within the territory on a system
built, owned, operated, maintained or controlled by a central
transmission utility or by any person under the supervision
and control of a central transmission utility;
(f) “Licensee” means a person licensed under Part II of the Indian
Electricity Act, 19 10 to supply energy or a person who has
obtained sanction under Sec. 28 of that Act to engage in the
business of supplying energy (but does not include the Board or a
Generating company);
(g) “Member” means the Member of the Commission and includes the
Chairperson but does not include a Member, ex-officio;
(h) “Prescribed” means prescribed by rules made under this Act;
(i) “Regulations” means regulations made under this Act;
(j) “State Commission” means the State Electricity Regulatory
Commission established under sub-section (1) of Sec. 17;
(k) “Transmission utility” means any Generating Company, Board,
licensee or other person engaged in the transmission of energy;
(l) “Utility” means any person or entity engaged in the generation,
transmission, sale, distribution or supply, as the case may be, of
energy;
(m) Words and expressions used and not defined in this Act but defined
in the Electricity (Supply) Act, 1948 (54 of 1948) or the Indian
Electricity Act, 1910 (9 of 1910) shall have the meanings
respectively assigned to them in those Acts.