Section 65: Provision of subsidy by State Government

Electricity Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 2003

Legal Commentary & Landmark Judgments: Section 65

Section 65 of the Act provides for the provision of subsidies by the State Government, requiring that if a State Government requires the grant of any subsidy to any consumer category, it must pay the entire subsidy amount in advance into the licensee's account.

  • Mandatory Advance Payment of State Subsidies: Explicitly directs that no subsidy policy shall take effect unless the State Government deposits the full subsidy amount in advance into the distribution licensee's designated bank account.
  • Protection of Utility Cash Flows from Political Subsidies: Prevents state governments from declaring free agricultural or domestic power without providing budgetary cash backing to the utility.
  • Consequence of Subsidy Default: Directs that if the State Government fails to pay the subsidy in advance, the licensee is legally obligated to charge the full unsubsidized tariff approved by the Commission.
Key Landmark Precedents:
  • Brihanmumbai Electric Supply v. MERC (2013) 4 SCC 71: Supreme Court affirmed that Section 65 is a critical fiscal discipline safeguard ensuring distribution utilities remain financially solvent despite government subsidy announcements.
  • Kusumam Hotels Pvt. Ltd. v. KSEB (2008) 13 SCC 23: Supreme Court held that government subsidy promises must be implemented transparently through budgetary appropriations conforming to Section 65.
  • West Bengal Electricity Regulatory Commission v. CESC Ltd. (2002) 8 SCC 715: Affirmed that social subsidies must not be cross-subsidized by industrial consumers where the state fails to provide cash support.
Courtroom Practice & Strategic Litigation Guidance:

Distribution utilities must reconcile state subsidy receipts monthly: if the state government delays advance subsidy tranches under Section 65, file an immediate tariff implementation report with the SERC seeking authorization to bill consumers at full unsubsidized rates.