Section 131: Vesting of property of Board in State Government

Electricity Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 2003

Legal Commentary & Landmark Judgments: Section 131

Section 131 of the Electricity Act, 2003 governs the vesting of property of the State Electricity Board in the State Government and its re-vesting in successor generating companies, transmission utilities, and distribution licensees (unbundling).

  • Statutory Unbundling Architecture: Provides the statutory mechanism for unbundling monolithic State Electricity Boards into unbundled corporate entities for generation, transmission, and distribution.
  • Transfer Scheme Promulgation: Authorizes the State Government to publish formal statutory Transfer Schemes vesting assets, liabilities, contracts, and proceedings in newly formed government companies.
  • Protection of Third-Party Legal Rights: Ensures that all contracts, power purchase agreements, and legal liabilities lawfully entered into by the Board transition seamlessly to the successor entities.
Key Landmark Precedents:
  • State of Gujarat v. Essar Power Ltd. (2008) 4 SCC 755: Supreme Court affirmed that unbundling under Section 131 maintains corporate continuity; successor DISCOMs inherit all rights and contractual liabilities of the predecessor Electricity Board.
  • Brihanmumbai Electric Supply v. MERC (2013) 4 SCC 71: Affirmed that statutory Transfer Schemes are legislative instruments governing property distribution in the power sector.
  • Prem Cottex v. Uttar Haryana Bijli Vitran Nigam Ltd. (2021) 16 SCC 497: Affirmed that successor licensees possess full authority to recover past arrears and enforce inherited claims.
Courtroom Practice & Strategic Litigation Guidance:

In litigating legacy agreements entered into with former State Electricity Boards, cite Section 131 and the applicable State Transfer Scheme to establish privity of contract and enforceable liability against the successor distribution company (DISCOM).