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Section 182: Rules and regulations to be laid before State Legislature

Electricity Act • Official Statutory Text & Practice Guide

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Act 2003
Section 181 All 185 Sections of Electricity Act Section 183

Legal Commentary & Landmark Judgments: Section 182

Section 182 of the Act requires every rule made by the State Government and every regulation made by the State Commission to be laid before the State Legislature for thirty days, subjecting state delegated legislation to democratic legislative scrutiny.

  • Mandatory State Legislative Laying Requirement: Requires every rule and regulation framed at the state level to be laid before the State Legislative Assembly for a total period of thirty days.
  • Legislative Modification & Annulment Powers: Empowers the State Legislature to modify or annul any delegated rule or regulation, ensuring executive and regulatory accountability to elected state representatives.
  • Savings for Actions Taken Prior to Modification: Provides that any modification or annulment by the Legislature shall be without prejudice to the validity of anything previously done under that rule or regulation.
Key Landmark Precedents:
  • Atlas Cycle Industries Ltd. v. State of Haryana (1979) 2 SCC 196: Supreme Court affirmed that legislative laying provisions in state enactments preserve democratic supervision over delegated regulatory power.
  • PTC India Ltd. v. CERC (2010) 4 SCC 603: Affirmed that laying SERC regulations before State Legislatures under Section 182 reinforces their character as binding subordinate legislation.
  • Brihanmumbai Electric Supply v. MERC (2013) 4 SCC 71: Affirmed the constitutional stability of state regulatory legislation.
Courtroom Practice & Strategic Litigation Guidance:

In challenging a state government rule or SERC regulation, verify whether the state secretariat satisfied the mandatory thirty-day laying requirement under Section 182 before the State Assembly; procedural omissions can be fatal to the rule's validity.

Section 181 All 185 Sections of Electricity Act Section 183