Electricity Act • Official Statutory Text & Practice Guide
Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 2003
Section 105 of Electricity Act: Electricity Supply & Regulatory Procedure
Official Bare Act Text
Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary
(1)The State Commission shall prepare, in such form and at such time in each financial year as may be prescribed, its annual report, giving a full account of its activities during the previous financial year, and submit copies thereof to the State Government.
Section 105 of the Act requires the State Commission to prepare and submit an Annual Report to the State Government detailing its regulatory activities, tariff orders, and service reliability, to be laid before the State Legislature.
State Regulatory Annual Reporting Mandate: Obligates the SERC to formulate a comprehensive annual report covering tariff determinations, PPA approvals, licensee performance standards, and consumer complaint closures.
Mandatory Tabling in State Legislative Assembly: Directs the State Government to lay the annual report before the State Legislature to ensure democratic legislative oversight.
Public Accessibility of State Power Performance: Provides consumers and industrial users transparent access to statewide distribution loss figures, cross-subsidy levels, and green energy additions.
Key Landmark Precedents:
Brihanmumbai Electric Supply v. MERC (2013) 4 SCC 71: Supreme Court held that annual reports submitted under Section 105 ensure public transparency regarding utility efficiency and distribution losses.
State of Gujarat v. Utility Users' Welfare Association (2018) 6 SCC 21: Affirmed that annual reporting maintains institutional accountability between the regulatory commission and elected representatives.
West Bengal Electricity Regulatory Commission v. CESC Ltd. (2002) 8 SCC 715: Affirmed that transparent annual reports prevent utility financial distress from being concealed.
Courtroom Practice & Strategic Litigation Guidance:
In retail tariff objections before the State Commission, extract distribution loss reduction trajectories from the published Section 105 Annual Reports to demonstrate licensee underperformance against approved MYT business plans.
Legal Commentary & Landmark Judgments: Section 105
Section 105 of the Act requires the State Commission to prepare and submit an Annual Report to the State Government detailing its regulatory activities, tariff orders, and service reliability, to be laid before the State Legislature.
In retail tariff objections before the State Commission, extract distribution loss reduction trajectories from the published Section 105 Annual Reports to demonstrate licensee underperformance against approved MYT business plans.