Section 64: Procedure for tariff order

Electricity Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 2003

Legal Commentary & Landmark Judgments: Section 64

Section 64 of the Act defines the procedure for tariff orders, prescribing public notice requirements, stakeholder hearing processes, and a strict one-hundred-and-twenty-day statutory timeline for issuing final tariff orders.

  • Mandatory Public Notice & Stakeholder Consultation: Requires the applicant to publish a summary of the tariff application in leading newspapers to invite public objections and suggestions.
  • Strict 120-Day Statutory Determination Timeline: Obligates the Commission to pass a final tariff order accepting, modifying, or rejecting the application within one hundred and twenty days of receiving a complete application.
  • Publication & Immediate Enforceability: Directs that the approved tariff order shall be published and take effect only after expiry of seven days from publication, ensuring consumer advance notice.
Key Landmark Precedents:
  • West Bengal Electricity Regulatory Commission v. CESC Ltd. (2002) 8 SCC 715: Supreme Court held that tariff determination under Section 64 is a quasi-judicial process that must strictly comply with natural justice; public hearings are mandatory and cannot be dispensed with.
  • PTC India Ltd. v. CERC (2010) 4 SCC 603: Affirmed that procedural rigor under Section 64 ensures transparency and democratic stakeholder participation in utility rate setting.
  • Tata Power Co. Ltd. v. Reliance Energy Ltd. (2009) 16 SCC 659: Affirmed the binding nature of statutory timelines for tariff order issuance.
Courtroom Practice & Strategic Litigation Guidance:

Intervenors challenging tariff hikes must file written objections within thirty days of the applicant's newspaper publication under Section 64; this guarantees the legal right to present oral arguments during public hearings.