Section 185 Electricity Act: Repeal and saving

Section 185 of Electricity Act: Repeal and saving Act, 1948, Electricity Regulatory Commissions Act, 1998)

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

(1) Save as otherwise provided in this Act, the Indian Electricity Act, 1910 (9 of 1910), the Electricity (Supply) Act, 1948 (54 of 1948) and the Electricity Regulatory Commissions Act, 1998 (14 of 1998) are hereby repealed.

(2) Notwithstanding such repeal,—

(a) anything done or any action taken or purported to have been done or taken including any rule, notification, inspection, order or notice made or issued, or any appointment, confirmation or declaration made or any licence, permission, authorization or exemption granted or any document or instrument executed or any direction given under the repealed laws shall, in so far as it is not inconsistent with the provisions of this Act, be deemed to have been done or taken under the corresponding provisions of this Act;

(b) the provisions contained in sections 12 to 18 of the Indian Electricity Act, 1910 (9 of 1910) shall have effect until the rules under sections 67 to 69 of this Act are made;

(c) the Indian Electricity Rules, 1956 made under section 37 of the Indian Electricity Act, 1910 (9 of 1910) as in force immediately before the appointed date shall continue to be in force till the regulations under section 53 of this Act are made;

(d) all rules made under sub-section (1) of section 69 of the Electricity (Supply) Act, 1948 (54 of 1948) shall continue to be in force till the regulations under section 106 of this Act are made;

(e) all directives issued, before the commencement of this Act, by a State Government under the enactments specified in the Schedule shall continue to apply for the period for which such directions were issued by the State Government.

Legal Commentary & Landmark Judgments: Section 185

Section 185 of the Electricity Act, 2003 codifies the historic repeal and savings clause, repealing the Indian Electricity Act, 1910, the Electricity (Supply) Act, 1948, and the Electricity Regulatory Commissions Act, 1998, while comprehensively preserving existing licenses, rules, and pending proceedings.

Repeal of Three Historical Enactments: Subsumes and repeals the Indian Electricity Act, 1910, the Electricity (Supply) Act, 1948, and the Electricity Regulatory Commissions Act, 1998 into a unified national enactment.
Comprehensive Statutory Savings Shield: Provides that any license, rule, code, or tariff order issued under the repealed enactments shall continue in force so far as it is not inconsistent with the 2003 Act.
Application of Section 6 of the General Clauses Act, 1897: Preserves accrued rights, incurred liabilities, pending investigations, and ongoing proceedings from statutory abatement.

Key Landmark Precedents:

State of Punjab v. Mohar Singh AIR 1955 SC 84: Landmark Constitution Bench ruling: When an Act is repealed and re-enacted, Section 6 General Clauses Act preserves existing liabilities and pending proceedings unless the new statute manifests a clear contrary legislative intent.
Gujarat Urja Vikas Nigam Ltd. v. Essar Power Ltd. (2008) 4 SCC 755: Supreme Court affirmed that pre-2003 power purchase contracts and arbitration proceedings survive under Section 185, but new disputes must be resolved under the 2003 Act.
Brihanmumbai Electric Supply v. MERC (2013) 4 SCC 71: Supreme Court affirmed that existing distribution licenses and municipal franchises were transitioned smoothly under Section 185 savings provisions.

Courtroom Practice & Strategic Litigation Guidance:

In litigation concerning pre-2003 utility contracts or electricity theft assessments initiated under the 1910 Act, cite Section 185 read with Section 6 General Clauses Act to demonstrate that substantive rights and accrued liabilities survived legislative repeal intact.

Section 185: Repeal and saving

Section 185 of Electricity Act: Repeal and saving Act, 1948, Electricity Regulatory Commissions Act, 1998)

Legal Commentary & Landmark Judgments: Section 185