Punishment for non-compliance of directions by Appropriate Commission
Section 142 of the Electricity Act, 2003 deals with punishment for non-compliance of directions by Appropriate Commission. In case any complaint is filed before the Appropriate Commission by any person or if that Commission is satisfied that any person has contravened any of the provisions of this Act or the rules or regulations made thereunder, or any direction issued by the Commission, the Appropriate Commission may a The Act came into force on 10 Jun 2003.
In case any complaint is filed before the Appropriate Commission by any person or if that Commission is satisfied that any person has contravened any of the provisions of this Act or the rules or regulations made thereunder, or any direction issued by the Commission, the Appropriate Commission may after giving such person an opportunity of being heard in the matter, by order in writing, direct that, without prejudice to any other penalty to which he may be liable under this Act, such person shall pay, by way of penalty, which shall not exceed one lakh rupees for each contravention and in case of a continuing failure with an additional penalty which may extend to six thousand rupees for every day during which the failure continues after contravention of the first such direction.
Section 142, The Electricity Act, 2003 (Act 36 of 2003).
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Central Electricity Regulatory Commission v. Gajendra Haldea & Ors.
Court's Decision & Legal Precedent
APTEL cannot use s.121 revisional/supervisory directions to fix trading margins or override CERC where the complainant neither initiated proceedings before the Appropriate Commission nor lodged a grievance about non-/excessive exercise of jurisdiction; Grid Corp locus holding applies.
On this section: s.142 cannot be pressed as a locus substitute to sustain APTEL trading-margin directions.
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J. K. Tyre & Industries LTD vs Rajasthan Electricity Regulatory Commn
Court's Decision & Legal Precedent
The Rajasthan Electricity Regulatory Commission has statutory power under Section 86(1)(e) read with Section 181 of the Electricity Act 2003 to impose renewable energy purchase obligations on captive power plants and open access consumers located in the area of distribution licensee, as the term 'total consumption in the area of distribution licensee' includes consumption from all sources within that geographical area. Such obligations, being designed to achieve constitutional mandates under Articles 21, 48A, and 51A(g) of the Constitution and to promote renewable energy as a matter of public policy, do not violate the de-licensing principle of the Act nor do they infringe fundamental rights under Articles 14 or 19(1)(g) of the Constitution. The surcharge imposed for non-compliance is a valid regulatory measure under Section 86(1)(g) and Sections 142, 147 of the Act, representing a compensatory mechanism based on the polluter-pays principle, not an unauthorized tax under Article 265.
On this section: Provides statutory backing for penalties imposed on obligated entities violating renewable energy regulations
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K.N. Raveendranadhan & Anr. v. Kerala State Electricity Board & Ors.
Court's Decision & Legal Precedent
KSERC may impose s.142 penalty on utility officials for wilful non-compliance with CGRF orders; writ appeal challenging the penalty dismissed — regulatory enforcement of consumer-forum directions is within s.142.
On this section: Teaches affirmative use of s.142 to punish non-compliance with Commission/CGRF directions.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Made under this section, and citing it
1 instrument states that it was made under this provision — the power to make it comes from here, so a change to any of them changes what this section requires in practice. Newest first.
Another 10 instruments name this provision in its title or its text without being made under it.
- CSERC (Redressal of Grievances of the Consumers) Regulations, 2023.Regulation 2023
- Delhi Electricity Regulatory Commission (Forum for Redressal of Grievances of the Consumers and Ombudsman) Regulations, 2018Regulation 2018
- JERC Notification dated 22.12.2015Notification 2015
- Joint Electricity Regulatory Commission (Procurement of Renewable Energy) (Second Amendment), Regulations, 2015Regulation 2015
- Standard of Performance Regulations, 2015Regulation 2015
- The Himachal Pradesh Electricity Regulatory Commission (Consumer Grievances Redressal Forum and Ombudsman) Regulations, 2013Regulation 2013
- JERC Notification dated 15.12.2010Notification 2010
- The Himachal Pradesh Electricity Regulatory Commission (Distribution Performance Standards) Regulations, 2010Regulation 2010
- JERC Notification dated 31.07.2009Notification 2009
- Central Electricity Authority (Furnishing of Statistics, Returns & Information) Regulations, 2007Regulation 2007
Questions about Section 142
What have the courts held on Section 142 of the Electricity Act?
Central Electricity Regulatory Commission v. Gajendra Haldea & Ors. (09 Apr 2009) is the leading judgment on this section among those set out below: s.142 cannot be pressed as a locus substitute to sustain APTEL trading-margin directions. Another 2 judgments on this section are set out below, 2 of them from the Supreme Court. They run from 2009 to 2023.
How do I find court cases under Section 142 of the Electricity Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Electricity Act 2003 142, section 142 Electricity Act 2003, section 142 of the Electricity Act. People searching for it also type electricity act 2003 section 142. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 3 reported judgments on this section are set out on this page, beginning with Central Electricity Regulatory Commission v. Gajendra Haldea & Ors. (09 Apr 2009).
What should I read with Section 142 of the Electricity Act, and has it changed?
The rules and notifications made under it are where it actually bites, and there is one: most recently The Joint Electricity Regulatroy Commission for the state of Goa and UT(Standard of Performance for Distribution licensees)Regulation,2015 (2015).
When did Section 142 of the Electricity Act come into force?
Section 142 of the Electricity Act, cited as Electricity Act 2003 142, came into force on 10 Jun 2003, having been enacted on 26 May 2003. It is in force as at the date shown on this page.
Other sections of this Act
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.