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Section 44: Exceptions from duty to supply electricity

Electricity Act • Official Statutory Text & Practice Guide

Statutory Regulation
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Act 2003
Section 43 All 185 Sections of Electricity Act Section 45

Legal Commentary & Landmark Judgments: Section 44

Section 44 of the Electricity Act, 2003 carves out statutory exceptions to the licensee's mandatory duty to supply under Section 43, immunizing the licensee where supply is impeded by force majeure events, cyclones, floods, civil commotion, or external impediments beyond reasonable control.

  • Statutory Force Majeure Protection: Relieves the distribution licensee from liability under Section 43 where failure to supply results from acts of God, cyclones, floods, earthquakes, storms, or severe environmental disasters.
  • Civil Unrest, Injunctions, and Lack of Wayleaves: Exempts the licensee where electricity supply is prevented by strikes, civil commotion, judicial injunctions, or genuine physical denial of right of way (wayleaves) despite due diligence.
  • Applicant's Contributory Default: Excuses the licensee from statutory timelines where delay is directly attributable to the applicant's failure to provide safe internal wiring certifications, access to meter locations, or payment of requisite security deposits.
Key Landmark Precedents:
  • Energy Watchdog v. Central Electricity Regulatory Commission (2017) 14 SCC 80: The Supreme Court held that force majeure exceptions under electricity law apply strictly to unexpected events beyond reasonable control that render physical performance impossible, rather than mere commercial difficulty or market price escalations.
  • Paschimanchal Vidyut Vitran Nigam Ltd. v. DVS Steels & Alloys (P) Ltd. (2009) 1 SCC 210: The Supreme Court recognized that while licensees must supply electricity under Section 43, statutory exceptions operate where legal encumbrances, severe right-of-way disputes, or criminal sabotage disable physical supply lines.
Courtroom Practice & Strategic Litigation Guidance:

When defending a distribution utility against Section 43(3) delay penalties, assemble meteorological certificates, court injunction records, or police logs proving the existence of genuine Section 44 force majeure conditions, showing that physical energization was legally or physically impossible.

Section 43 All 185 Sections of Electricity Act Section 45