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MINISTRY OF POWER
NOTIFICATION
New Delhi, the 1st September, 2023

G.S.R. 649(E).—In exercise of the powers conferred by section 176 of the Electricity Act, 2003 (Act 36 of 2003), the Central Government hereby makes the following rules, further to amend the Electricity Rules, 2005, namely:-

1. Short title and commencement.- (1) These rules may be called the Electricity (Third Amendment) Rules, 2023. (2) They shall come into force on the date of their publication in the Official Gazette.

2. In the Electricity Rules, 2005, in rule 3,-

(i) in sub-rule(1), in clause (a), in sub-clause(i), for the words “captive user”, the words “captive user(s); and” shall be substituted;

(ii) in sub-rule(1), in clause (a), in sub-clause(i), the proviso there under shall be omitted;

(iii) in Explanation, in clause (b), for second proviso, the following shall be substituted, namely:-

“Provided further that the consumption by a subsidiary company as defined in clause (87) of section 2 of the Companies Act, 2013 (18 of 2013) or the holding company as defined in clause (46) of section 2 of the Companies Act, 2013 (18 of 2013), of a company which is a captive user, shall also be admissible as captive consumption by the captive user.”;

(iv) after sub-rule (2), the following sub-rule shall be inserted, namely:-

“(3) The captive status of such generating plants, where captive generating plant and its captive user(s) are located in more than one state, shall be verified by the Central Electricity Authority as per the procedure issued by the Authority with the approval of the Central Government.”.

[F. No. 23/18/2022-R&R]

PIYUSH SINGH, Jt. Secy.

Note: The principal Rules were published 2005 in the Gazette of India, Part-II, Section 3, Sub-section (i) vide number G.S.R 379 (E), dated the 8th June, 2005 and was last amended vide G.S.R 558 (E), dated the 26th July, 2023.

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