Duty to supply on request
Section 43 of the Electricity Act, 2003 deals with duty to supply on request. [Save as otherwise provided in this Act, every distribution] licensee, shall, on an application by the owner or occupier of any premises, give supply of electricity to such premises, within one month after receipt of the application requiring such supply: Provided that where such supply requires ext The Act came into force on 10 Jun 2003.
(1) 1 [Save as otherwise provided in this Act, every distribution] licensee, shall, on an application by the owner or occupier of any premises, give supply of electricity to such premises, within one month after receipt of the application requiring such supply:
Provided that where such supply requires extension of distribution mains, or commissioning of new sub-stations, the distribution licensee shall supply the electricity to such premises immediately after such extension or commissioning or within such period as may be specified by the Appropriate Commission:
Provided further that in case of a village or hamlet or area wherein no provision for supply of electricity exists, the Appropriate Commission may extend the said period as it may consider necessary for electrification of such village or hamlet or area.
2 [Explanation.--For the purposes of this sub-section, "application" means the application complete in all respects in the appropriate form, as required by the distribution licensee, along with documents showing payment of necessary charges and other compliances.]
(2) It shall be the duty of every distribution licensee to provide, if required, electric plant or electric line for giving electric supply to the premises specified in sub-section (1):
Provided that no person shall be entitled to demand, or to continue to receive, from a licensee a supply of electricity for any premises having a separate supply unless he has agreed with the licensee to pay to him such price as determined by the Appropriate Commission.
(3) If a distribution licensee fails to supply the electricity within the period specified in sub-section (1), he shall be liable to a penalty which may extend to one thousand rupees for each day of default.
Section 43, 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.
Referred to by 8
- s. 44 Exceptions from duty to supply electricity
- s. 45 Power to recover charges
- s. 46 Power to recover expenditure
- s. 47 Power to require security
- s. 48 Additional terms of supply
- s. 143 Power to adjudicate
- s. 144 Factors to be taken into account by adjudicating officer
- s. 181 Powers of State Commissions to make regulations
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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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: Distribution licensees obligated to supply power to captive plants and open access consumers on demand; supports argument for cost-sharing of renewable obligations
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Devendra Bohra v. Chhattisgarh State Power Distribution Company Ltd.
Court's Decision & Legal Precedent
Final Order order-2.pdf. Index date 2018-01-02; body AFR ‘Order delivered on: 212018’ after reserved 14.12.2017 — DATE-CHECK FP, named Sanjay K. Agrawal AFR on Electricity 43 (same Ghisalal/Tata/Avni pattern). WP(C) 3343/2017 with connected 3340/3341. Isolate: Electricity 43 duty to supply on request is mandatory for owner or occupier; landlord HT arrears / Supply Code 4.19 cannot defeat a tenant’s separate LT domestic connection; access to electricity as Art 21. Do not pad 44 (exceptions) or 86. Ninan SC 3-judge remains pronouncement ROP — this is the quality alternative CNR.
On this section: Electricity 43 duty to supply on request is mandatory for owner or occupier; landlord HT arrears / Supply Code 4.19 cannot defeat a tenant’s separate LT domestic connection (Bohra, Chhattisgarh HC AFR). Do not pad 44/86. Ninan leftover remains pronouncement ROP.
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.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… Section 91 deals with transfer of service connection. The petitioner is only seeking shifting of electric connection from his rented premises to his own : 4 : site. There is no bar under any law for such shifting. 6. The petitioner further contended that as per Section 43 of the Electricity Act, 2003, on an application by the owner or occupier of the premises, the licensee is bound to give supply within one month from the date of receipt of application. The KSEB is duty bound to effect supply to the petitioner within the time stipulated in Regulation 8 of the Supply Code, contended …
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… Learned counsel further submits that the respondent no.5 disconnected the electricity connection which is in violation of the provisions of Section 56 of the Electricity Act, 2003. Further, compliance with Section 43 of the Electricity Act was not made despite the suit bearing No.381/2011 being filed. 7. The learned counsel for the petitioner also submitted that that BSES Yamuna Power Ltd have averred in their written statement that the Enforcement team inspected the residential portion of Zahiruddin (father of the respondent …
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… the application and insisted that the petitioner should produce title document in respect of the property. 3. the petitioner contends that the action of the 3rd respondent in not accepting the application for power connection violates the provisions of the Electricity Act, 2003 and Regulations made thereunder. Section 43 of the Electricity Act, 2003 contemplates a statutory right to the petitioner to get an electricity connection from the distribution licensee of the area concerned. 4. I have heard the learned counsel for the petitioner and the learned Standing Counsel for the respondents. 5. The petitioner has tendered Ext.P2 …
Made under this section, and citing it
3 instruments name this provision in its title or its text without being made under it.
Questions about Section 43
What have the courts held on Section 43 of the Electricity Act?
J. K. Tyre & Industries LTD vs Rajasthan Electricity Regulatory Commn (13 May 2015) is the leading judgment on this section among those set out below: Distribution licensees obligated to supply power to captive plants and open access consumers on demand; supports argument for cost-sharing of renewable obligations. Another 1 judgment on this section is set out below, 1 of them from the Supreme Court. They run from 2015 to 2018.
How do I find court cases under Section 43 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 43, section 43 Electricity Act 2003, section 43 of the Electricity Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with J. K. Tyre & Industries LTD vs Rajasthan Electricity Regulatory Commn (13 May 2015).
What should I read with Section 43 of the Electricity Act, and has it changed?
8 other provisions in this corpus refer back to it. 3 instruments name it without being made under it, most recently The Himachal Pradesh Electricity Regulatory Commission (Authorized Consumer Representative) Regulations, 2016 (2016), then JERC Notification dated 20.05.2010 (2010).
When did Section 43 of the Electricity Act come into force?
Section 43 of the Electricity Act, cited as Electricity Act 2003 43, 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.