Procedure for tariff order
Section 64 of the Electricity Act, 2003 deals with procedure for tariff order. An application for determination of tariff under section 62 shall be made by a generating company or licensee in such manner and accompanied by such fee, as may be determined by regulations. The Act came into force on 10 Jun 2003.
(1) An application for determination of tariff under section 62 shall be made by a generating company or licensee in such manner and accompanied by such fee, as may be determined by regulations.
(2) Every applicant shall publish the application, in such abridged form and manner, as may be specified by the Appropriate Commission.
(3) The Appropriate Commission shall, within one hundred and twenty days from receipt of an application under sub-section (1) and after considering all suggestions and objections received from the public,--
(a) issue a tariff order accepting the application with such modifications or such conditions as may be specified in that order;
(b) reject the application for reasons to be recorded in writing if such application is not in accordance with the provisions of this Act and the rules and regulations made thereunder or the provisions of any other law for the time being in force:
Provided that an applicant shall be given a reasonable opportunity of being heard before rejecting his application.
(4) The Appropriate Commission shall, within seven days of making the order, send a copy of the order to the Appropriate Government, the Authority, and the concerned licensees and to the person concerned.
(5) Notwithstanding anything contained in Part X, the tariff for any inter-State supply, transmission or wheeling of electricity, as the case may be, involving the territories of two States may, upon application made to it by the parties intending to undertake such supply, transmission or wheeling, be determined under this section by the State Commission having jurisdiction in respect of the licensee who intends to distribute electricity and make payment therefor.
(6) A tariff order shall, unless amended or revoked, continue to be in force for such period as may be specified in the tariff order.
Section 64, 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.
This section refers to
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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Dsr Steel (p) LTD vs State of Rajasthan
Court's Decision & Legal Precedent
In matters of statutory tariff fixation by regulatory commissions, the doctrine of promissory estoppel does not apply to prevent legitimate modification of incentive schemes when: (1) the scheme itself explicitly limits validity to a specified date or until tariff revision; (2) proper public notice and hearing is provided during tariff revision proceedings; (3) parties fail to demonstrate they made specific investments in reliance on an unequivocal representation of continuation; and (4) the modified scheme serves the larger public interest. The statutory function of regulatory commissions to fix tariffs in the public interest cannot be constrained by promissory estoppel. Additionally, under Section 125 of Electricity Act 2003, the period of limitation commences from the date of communication of the order, not its pronouncement, and when a review petition is dismissed without reversing the original order, the original order remains appealable.
On this section: Power of Regulatory Commission to revise tariff
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
3 instruments state 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.
- UPERC (MYT for Transmission) Regulations 2025Regulation 2025
- Uttar Pradesh Electricity Regulatory Commission Multi Year Tariff for Distribution Regulations, 2025Regulation 2025
- Chhattigarh State Electricity Regulatory Commission (Details to be furnished by licensee or generating company for determination of tariff and manner of making application) Regulations, 2004.Regulation 2005
Another 1 instrument names this provision in its title or its text without being made under it.
Questions about Section 64
What have the courts held on Section 64 of the Electricity Act?
Dsr Steel (p) LTD vs State of Rajasthan (01 May 2012) is the leading judgment on this section among those set out below: Power of Regulatory Commission to revise tariff.
How do I find court cases under Section 64 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 64, section 64 Electricity Act 2003, section 64 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 Dsr Steel (p) LTD vs State of Rajasthan (01 May 2012).
What should I read with Section 64 of the Electricity Act, and has it changed?
Its own text turns on section 62 (Determination of tariff), so none of them can safely be read on its own. 2 other provisions in this corpus refer back to it. The rules and notifications made under it are where it actually bites, and there are 3: most recently UPERC (MYT for Transmission) Regulations 2025 (2025), then Uttar Pradesh Electricity Regulatory Commission Multi Year Tariff for Distribution Regulations, 2025 (2025), and 1 more.
When did Section 64 of the Electricity Act come into force?
Section 64 of the Electricity Act, cited as Electricity Act 2003 64, 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 17 Oct 2026. This page is not a substitute for legal advice.