Section 97: Delegation

Electricity Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 2003

Legal Commentary & Landmark Judgments: Section 97

Section 97 of the Act permits the Appropriate Commission to delegate by general or special order in writing any of its powers and functions (excluding the power to determine tariffs under Section 62 and power to make regulations) to any Member, officer, or other person.

  • Statutory Authority for Administrative Delegation: Enables the Commission to delegate administrative, inquiry, and procedural functions to subordinate officers or individual members.
  • Strict Non-Delegable Core Functions: Explicitly bars the delegation of plenary legislative powers (making regulations under Section 178/181) and sovereign tariff determination powers under Section 62.
  • Written Order with Defined Operational Bounds: Mandates that delegation orders must be formally published in writing, specifying precise functional and territorial limitations.
Key Landmark Precedents:
  • PTC India Ltd. v. CERC (2010) 4 SCC 603: Constitution Bench held that core tariff-setting and rule-making powers are non-delegable statutory responsibilities that must be exercised by the Commission as a collegiate body.
  • State of Gujarat v. Utility Users' Welfare Association (2018) 6 SCC 21: Supreme Court affirmed that adjudicatory powers can only be exercised by properly constituted benches and cannot be delegated to executive secretariats.
  • Siemens Engineering & Manufacturing Co. v. Union of India (1976) 2 SCC 981: Affirmed that delegated authorities must act strictly within the parameters of the delegation order.
Courtroom Practice & Strategic Litigation Guidance:

In litigating adverse procedural or inquiry orders passed by individual officers or committees, examine the Section 97 delegation instrument: if the officer purported to exercise core tariff determination or regulatory powers, challenge the order for lack of jurisdiction.