ANNEXURE-B

Procedure for obtaining authorization U/s 164 of the Electricity Act, 2003
in respect of intra-state transmission line or for a dedicated line to be
directly connected to Intra-State Transmission System

Under the provisions of Section 9 of the Electricity Act, 2003 a person may
construct, maintain or operate a captive generation plant and dedicated transmission lines.
Section 10(i) of the Electricity Act, 2003 casts the duty on the generating company to
establish, operate and maintain generation stations, tie lines, substations and dedicated
transmission lines, therewith in accordance with the provisions of this Act or the rules or
regulations made there under. As per the provisions under Section 63 of the Electricity
Act, 2003 and the National Electricity Policy, Ministry of Power issued Guidelines for
Encouraging Competition in Development of Transmission Projects and Tariff Based
Competitive Bidding Guidelines for Transmission Service. These guidelines are aimed at
facilitating competition in the sector through wide participation by providing transmission
services and tariff determination through a process of tariff based competitive bidding and
to encourage private sector participation in transmission.
Under Section 164, The appropriate Government may, by order in writing, for
the placing of electric lines or electrical plant for the transmission of electricity or for the
purpose of telephonic or telegraphic communications necessary for the proper
coordination or works, confer upon any public officer, licensee or any other person
engaged in the business of supplying electricity under this Act, subject to such conditions
and restrictions, if any, as the Appropriate Government may think fit to impose and to the
provisions of the Indian Telegraph Act, 1885, any of the powers which the telegraph
authority possesses under that Act with respect to the placing of telegraph lines and posts
for the purposes of a telegraph established or maintained, by the Government or to be so
established or maintained.
In order to process the request from private transmission companies as well as
generating companies who are required to construct, maintain and operate dedicated
transmission lines, the following procedure has been prescribed :
The Applicant having obtained the permission from the Government of Madhya
Pradesh under Section 68 of the Electricity Act 2003, to construct overhead electric line,
may apply for permission under Section 164 of the said Act for exercising power of
Telegraph Authority for fixing the line supports. Before submission of the Application
under Section 164 of the Electricity Act 2003, the Applicant shall take following actions;
a.

The licensee/applicant shall cause such Intra-State transmission scheme to be

published in Government of MP Gazette and in at least two local daily newspapers
(Annexure-I) along with a notice of the date, not being less than two months after
the date of such publication, before which any interested person may make a
representation on such scheme.
The licensee/applicant shall take into
consideration the objections/representations, before finalizing the optimal route
alignment. Thereafter licensee/applicants shall submit a certificate (Annexure-II)
along with application under Section 164 to this effect.

b.

The licensee/applicant will submit the application to the State Government

through the Nodal Officer of the State Transmission Utility (STU) at the following
address;
The Chief Engineer (Transmission)
MP Power Transmission Company Ltd.,
Block No. 3, Shakti Bhawan,
Rampur, JABALPUR (MP) 482 008.
The Application should be accompanied with the following documents;
i.
ii.
iii.
iv.
v.

Copy of permission under Section 68 of Electricity Act 2003.

Newspaper publications of Scheme.
Authenticated maps showing the details of selected route alignment of the
transmission lines.
Justification of the selection of the route alignment.
A certificate regarding the NO OBJECTION received from the public or any
objection received in this regard.

The C.E.(Transmission) of MPPTCL (STU) will issue an acknowledgement in the

prescribed format for receipt of copies of documents which the licensee will attach along
with the application to the Ministry (Annexure-III).
Any transmission licensee or generating company in the case of a dedicated
transmission line directly connected to Intra-State transmission system are required to
follow the above procedure for seeking approval under Section 164 of the Electricity Act,
2003.
The Application alongwith the documents submitted by the Applicant will be
examined by the Chief Engineer (Transmission), MPPTCL, who will forward the same to
Government of Madhya Pradesh, alongwith his comments, within 10 working days of
receipt of Application at the following address;
The Additional Secretary
Energy Department,
Government of MP,
Vallabh Bhawan,
BHOPAL.
The powers of the Telegraph Authority may then be considered by the State
Government for conferring on the Application, with certain terms & conditions as the
State Government may think fit (Annexure-IV).

*****

Annexure-I
Format for publication of the transmission scheme in local daily
Newspapers inviting observations/representation from public

Public Notice
___________________ (Name of the company) having its registered
office at ______________(address) intends to apply/has applied to the Government of
MP to confer upon him all the power under Section 164 of the Electricity Act, 2003 for
the placing of electric lines or electrical plant for the transmission of electricity or for the
purpose of telephonic or telegraphic communications necessary for the proper
coordination of works which telegraph authority possess under the Indian Telegraph Act,
1885 with respect to the placing of telegraph lines and posts for the purpose of a telegraph
established or maintained, by the Government or to be so established or maintained and
will undertake the survey, construction, installation, inspection, erection and other works
to be followed by commissioning, operation, maintenance and other works for the
following transmission schemes.
____________________ Names of the transmission scheme _______________
____________________ Works covered under the scheme ________________
The transmission lines covered under the scheme will pass through, over,
around, and between the following villages, towns and cities
__________Name of the villages __________ Tehsil __________ District
1. ___________
2.___________
Copy of the route alignment is available in the office of the undersigned.
Notice is hereby given to the general public to make observation/representation on the
proposed transmission system within two months from the date of publication of this
notice before ______(date) to the office of the undersigned in writing. For further
particulars and clarifications please contact:
Name :
Designation :
Office Address :
E-mail Address :
Phone No./Fax No. :
(of the contact person designated by the Agency)
*****

Annexure-II

CERTIFICATE
This is to certify that the Public Notice attached as Annexure-I has been published
in Government of MPs Gazette and the following news papers;
S.
No.
1
2

Name of News Paper

Language

Date of
Publication

Period of
notice given

It is certified that;
(i).

NO OBJECTION is received from public persons till date of giving this

certificate.
OR

(ii).

OBJECTION has been received from the following parties;

S. No.
1
2
3
4

Name of Party

Address

Objection made

The Applicant has taken following action on the objection received;

ACTION TAKEN / PROPOSED

Authorized person of Company

Name Designation Address

Annexure-III
Format for acknowledgement of receipt of copies of documents

This is to acknowledge that ______________(Name of the company) having its

registered office at ___________(Address) has submitted copies of the following
documents to MP Power Transmission Co. Ltd. (STU) in respect of
____________(Details of the transmission scheme)

(a)
(b)
(c)
(d)
(e)

Newspaper publications of the scheme.

Maps showing the details of selected route alignment of the transmission
lines.
Justification of the selection of the route alignment.
Certificate of NO OBJECTION / OBJECTIONS received.
Copy of permission under Section 68 of Electricity Act 2003.

A copy of the route alignment duly stamped is returned herewith to the

________________(Name of Company) in token of having received the same.

(Name and designation of the receiving officer)

CHIEF ENGINEER (TRANSMISSION)
MPPTCL: JABALPUR.
Dated : _________.

*****

Annexure-IV

GOVERNMENT OF MADHYA PRADESH

ENERGY DEPARTMENT, VALLABH BHAWAN, BHOPAL.

No.

Bhopal, Dated:

ORDER
Whereas, M/s _______________________ (Applicant) with H.Q. at ___________
__________________________________________________ has established / intend to
establish a generating set of ____ MW at location ________________ in District
______________ of Madhya Pradesh. He has obtained the permission under Section 68
of Electricity Act 2003 to construct a dedicated line of voltage _______ KV for
interconnecting its generating plant with the Intra-State Transmission System at _______
for a total length of ________Kms. The Applicant has now applied for conferring the
powers of Telegraph Authority under Section 164 of the Electricity Act 2003 for placing
supports and laying above mentioned dedicated line after inviting objections from public
by notifying, its intention to lay line, in MP Gazette and two News papers. The proposal
of the Applicant has been considered by the Government of Madhya Pradesh and in
exercise of powers under Section 164 of the Electricity Act 2003, the State Government
confer upon the Applicant the powers which the telegraph authority possesses under
Indian Telegraph Act 1885 with respect to placing of lines and supports. This power is
conferred subject to following conditions;
(i).
The power has been conferred for the specific transmission line mentioned above,
and it is not a general authorization.
(ii).

The power is subject to provisions of Indian Telegraph Act 1885 (13 of 1885).

(iii). The erection of the proposed line will be done by the Applicant as per appropriate
Sections of the Electricity Act 2003 and Indian Electricity Rules 1956.
(iv). In case the line route involves a forest land, railway line, aerodrome area, defence,
power line crossings, vicinity of telecom lines, the Applicant will take the necessary
permission from the appropriate Authority of concerned department.
(v).
For any dispute between the Applicant and the owners of private land on which
the line passes, the matter will be referred to the District Magistrate, and the Applicant
will pay any compensation to land owner as may be decided by the District Magistrate.
(vi). The Applicant shall make least damage to crops while executing work, and shall
pay the compensation as may be decided by the District Magistrate.
(vii). The Applicant shall comply with the conditions / requirements mentioned in
reference to permission under Section 68 of the Electricity Act 2003.

(viii). The Applicant shall keep immune the State Government of the disputes /
settlements between him and any other party.
The above line may be completed within a period of _________ year(s). The
State Government may revoke this power after the end of the above mentioned period.

Additional Secretary
Energy Department,
Government of MP,
Vallabh Bhawan,
BHOPAL.

Copy forwarded to
1.
2.
3.
4.
5.

The Collector, District ________________.

The Chief Engineer (Transmission), MPPTCL, Jabalpur.
The Chief Engineer (__________ Region), MP _________ Kshetra VV
Company Ltd., _____________.
The Chief Electrical Inspector, Bhopal.
M/s _________________________________________________________
__________________________________________________ (Applicant).