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Section 183: Power to remove difficulties

Electricity Act • Official Statutory Text & Practice Guide

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Act 2003
Section 182 All 185 Sections of Electricity Act Section 184

Legal Commentary & Landmark Judgments: Section 183

Section 183 of the Act confers power to remove difficulties on the Central Government, authorizing the issuance of administrative orders not inconsistent with the Act to resolve unforeseen transitional or practical impediments within two years.

  • Two-Year Transitional Executive Power: Empowers the Central Government to resolve unexpected operational difficulties arising during the initial implementation of the Act by publishing executive orders in the Official Gazette.
  • Strict Substantive Limitation: Provides that no difficulty-removal order may be issued that is inconsistent with the core legislative object or substantive text of the Act.
  • Mandatory Parliamentary Laying Safeguard: Requires every order issued under Section 183 to be laid before each House of Parliament to ensure legislative supervision.
Key Landmark Precedents:
  • Jalan Trading Co. Pvt. Ltd. v. Mill Mazdoor Sabha AIR 1967 SC 691: Constitution Bench held that Henry VIII clauses (power to remove difficulties) cannot be utilized to alter the essential policy of the statute or usurp legislative functions.
  • Madeva Upendra Sinai v. Union of India (1975) 3 SCC 765: Supreme Court affirmed that the power to remove difficulties is confined to resolving unanticipated practical obstacles without amending the legislative framework.
  • PTC India Ltd. v. CERC (2010) 4 SCC 603: Affirmed the strict limits governing difficulty-removal orders under electricity legislation.
Courtroom Practice & Strategic Litigation Guidance:

Note that the Section 183 difficulty-removal power was a transitional two-year provision that lapsed in 2005; any modern executive circular purporting to exercise Section 183 powers today is void ab initio.

Section 182 All 185 Sections of Electricity Act Section 184