Section 43 Electricity Act: Duty to supply on request

Section 43 of Electricity Act: Duty to supply on request

Official Bare Act Text

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

(1) Save as otherwise provided in this Act, every distribution licensee, shall, on an application by the owner or occupier of any premises, give supply of electricity to such premises, within one month after receipt of the application requiring such supply:

Provided that where such supply requires extension of distribution mains, or commissioning of new sub-stations, the distribution licensee shall supply the electricity to such premises immediately after such extension or commissioning or within such period as may be specified by the Appropriate Commission:

Provided further that in case of a village, hamlet or area wherein no provision for supply of electricity exists, the Appropriate Commission may extend the said period as it may consider necessary.

(2) It shall be the duty of every distribution licensee to provide, if required, electric plant or electric line for giving electric supply to the premises specified in sub-section (1):

Provided that no person shall be entitled to demand, or to continue to receive, from a licensee a supply of electricity for any premises having a separate supply unless he has agreed with the licensee to pay to him such price as determined by the Appropriate Commission.

(3) If a distribution licensee fails to supply the electricity within the period specified in sub-section (1), he shall be liable to a penalty which may extend to one thousand rupees for each day of default.

Legal Commentary & Landmark Judgments: Section 43

Section 43 of the Electricity Act, 2003 codifies the universal service obligation of distribution licensees, establishing a non-derogable statutory duty to supply electricity on request to any owner or occupier of premises within one month of application, subject to statutory daily penalties for default.

Mandatory Duty to Supply Electricity within One Month: Imposes an absolute statutory duty on every distribution licensee to provide electricity supply to any premises owned or occupied by an applicant within one month of receiving an application with required charges.
Rights of Lawful Occupiers and Tenants: Guarantees that any lawful occupier, including tenants, lessees, or authorized possessors, has an independent statutory right to obtain electricity, precluding landlords or title disputants from blocking essential utility access.
Statutory Delay Penalty of Rs. 1,000 per Day: Section 43(3) prescribes an automatic statutory penalty of up to Rs. 1,000 for each day of default against the licensee for failing to supply electricity within the prescribed thirty-day statutory window.

Key Landmark Precedents:

Brihanmumbai Electric Supply and Transport Undertaking v. MERC (2014) 14 SCC 443: The Supreme Court held that the duty to supply under Section 43 is universal, unconditional, and mandatory; a distribution licensee cannot refuse connection to an applicant within its area of supply on grounds of internal policy or territorial demarcations.
K.C. Ninan v. Kerala State Electricity Board 2023 SCC OnLine SC 663: A 3-Judge Bench of the Supreme Court held that the duty to supply under Section 43 is premised on premises ownership/occupancy, affirming that while licensees can demand clearance of arrears as a condition for reconnection under Supply Codes, they cannot deny electricity indefinitely where statutory requirements are met.

Courtroom Practice & Strategic Litigation Guidance:

When a distribution utility refuses or delays a new electricity connection citing landlord objections, minor title disputes, or predecessor arrears, file a writ petition under Article 226 citing Section 43 r/w Article 21 to obtain immediate interim connection orders with statutory Section 43(3) delay damages.

Section 43: Duty to supply on request

Section 43 of Electricity Act: Duty to supply on request

Legal Commentary & Landmark Judgments: Section 43