Section178
The Electricity Act, 2003

Powers of Central Commission to make regulations

In force From 10 Jun 2003 Act 36 of 2003 As on 16 Oct 2026

Act 36 of 2003 Ministry Power Enacted 26 May 2003 In force 10 Jun 2003 Cited by 1 provision

Section 178 of the Electricity Act, 2003 deals with powers of Central Commission to make regulations. The Central Commission may, by notification make regulations consistent with this Act and the rules generally to carry out the provisions of this Act. The Act came into force on 10 Jun 2003.

(1) The Central Commission may, by notification make regulations consistent with this Act and the rules generally to carry out the provisions of this Act.

(2) In particular and without prejudice to the generality of the power contained in sub-section (1), such regulations may provide for all or any of following matters, namely:--

(a) period to be specified under the first proviso to section 14;

(b) the form and the manner of the application under sub-section (1) of section 15;

(c) the manner and particulars of notice under sub-section (2) of section 15;

(d) the conditions of licence under section 16;

(e) the manner and particulars of notice under clause (a) of sub-section (2) of section 18;

(f) publication of alterations or amendments to be made in the licence under clause (c) of sub-section (2) of section 18;

(g) Grid Code under sub-section (2) of section 28;

(h) levy and collection of fees and charge from generating companies or transmission utilities or licensees under sub-section (4) of section 28;

(i) rates, charges and terms and conditions in respect of intervening transmission facilities under proviso to section 36;

(j) payment of the transmission charges and a surcharge under sub-clause (ii) of clause (d) of sub-section (2) of section 38;

(k) reduction 1*** of surcharge and cross subsidies under second proviso to sub-clause (ii) of clause (d) of sub-section (2) of section 38;

(l) payment of transmission charges and a surcharge under sub-clause (ii) of clause (c) of section 40;

(m) reduction 1*** of surcharge and cross-subsidies under the second proviso to sub-clause (ii) of clause (c) of section 40;

(n) proportion of revenues from other business to be utilised for reducing the transmission and wheeling charges under proviso to section 41;

(o) duties of electricity trader under sub-section (2) of section 52;

(p) standards of performance of a licensee or class of licensees under sub-section (1) of section 57;

(q) the period within which information to be furnished by the licensee under sub-section (1) of section 59;

2[(r) the manner of reduction of cross-subsidies under clause (g) of section 61;]

(s) the terms and conditions for the determination of tariff under section 61;

(t) details to be furnished by licensee or generating company under sub-section (2) of section 62;

(u) the procedures for calculating the expected revenue from tariff and charges under sub-section (5) of section 62;

(v) the manner of making an application before the Central Commission and the fee payable therefor under sub-section (1) of section 64;

(w) the manner of publication of application under sub-section (2) of section 64;

(x) issue of tariff order with modifications or conditions under sub-section (3) of section 64;

(y) the manner by which development of market in power including trading specified under section 66;

(z) the powers and duties of the Secretary of the Central Commission under sub-section (1) of section 91;

(za) the terms and conditions of service of the Secretary, officers and other employees of Central Commission under sub-section (3) of section 91;

(zb) the rules of procedure for transaction of business under sub-section (1) of section 92;

(zc) minimum information to be maintained by a licensee or the generating company and the manner of such information to be maintained under sub-section (8) of section 128;

(zd) the manner of service and publication of notice under section 130;

(ze) any other matter which is to be, or may be, specified by regulations.

(3) All regulations made by the Central Commission under this Act shall be subject to the conditions of previous publication.

Section 178, The Electricity Act, 2003 (Act 36 of 2003).

Cross-references

Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.

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.

  1. PTC India Ltd. v. Central Electricity Regulatory Commission

    Supreme Court of India 15 Mar 2010 Binding (Supreme Court) Reportable (2010) 4 SCC 603

    Court's Decision & Legal Precedent

    Judgment of Main Case order-15.pdf 2010-03-15. CA 3902/2006. Kapadia Constitution Bench. Generic order-15.pdf verify banner (long first page); body is the named delegated-legislation reportable. Isolates Electricity 178: CERC regulations made under s.178 are legislative; APTEL cannot sit in appeal under s.111 over the validity of those regulations (the remedy is judicial review). Do not pad 79 (functions, background) or 121 (superintendence question stated but 111/178 are the teaching pair). New central act (0 prior landmarks).

    On this section: Electricity 178 CERC regulations are legislative; APTEL cannot test their validity on a s.111 appeal (PTC India Constitution Bench). Do not pad 79. New act.

    Read the full order on eCourts India

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.

Questions about Section 178

What have the courts held on Section 178 of the Electricity Act?

PTC India Ltd. v. Central Electricity Regulatory Commission (15 Mar 2010) is the leading judgment on this section among those set out below: Electricity 178 CERC regulations are legislative; APTEL cannot test their validity on a s.111 appeal (PTC India Constitution Bench). Do not pad 79. New act.

How do I find court cases under Section 178 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 178, section 178 Electricity Act 2003, section 178 of the Electricity Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with PTC India Ltd. v. Central Electricity Regulatory Commission (15 Mar 2010).

What should I read with Section 178 of the Electricity Act, and has it changed?

Its own text turns on section 14 (Grant of licence), section 15 (Procedure for grant of licence), section 16 (Conditions of licence), section 18 (Amendment of licence), and on 16 further provisions, so none of them can safely be read on its own. 1 other provision in this corpus refers back to it.

When did Section 178 of the Electricity Act come into force?

Section 178 of the Electricity Act, cited as Electricity Act 2003 178, 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 16 Oct 2026. This page is not a substitute for legal advice.