Energy law in India

Table of contents

Chapter 1. General Background
§1. Geography and Population
§2. Legal and Political Structure
§3. Economic Characteristics
§4. Social and Cultural Characteristics
§5. Energy Scenario
§6. Main Energy Concerns
I. Uneven Regional Distribution
II. Trends in Commercial Energy Production
III. Primary Energy Imports
IV. Long-Term Energy Scenario
V. Energy Pricing
VI. Energy Conservation
VII. Energy and Environment
§7. Energy Sector Reforms
§8. Non-conventional Sources of Energy
§9. Energy Strategy for the Future
Chapter 2. Basic Principles of Energy Law
Chapter 3. Historical Background and Development of Energy Law
Chapter 4. Role of Government Institutions in the Shaping and Administration of Energy Law and Policy
Chapter 5. Sources of Energy Law
§1. Legislation Concerning Electricity
§2. Notifications
§3. Legislation Concerning Petrol
§4. Legislation Concerning Gas
§5. Legislation Concerning Coal
§6. Legislation Concerning the Environment
I. General
II. Water
III. Air
IV. Hazardous Chemicals/Waste/Pesticides
V. Land Use
VI. Others
VII. Notifications and Circulars
Part I. Regulatory Framework Concerning Electricity
Chapter 1. General Introduction
§1. Introduction
§2. The Regulatory Mechanism
I. MOP
II. Statutory Bodies
A. Central Electricity Authority (CEA)
B. STU/SEBs
C. CERC (Central Commission)
D. State Electricity Regulatory Commission
§3. Statutory Structure and Legal Regime
I. Constitution and Electricity
II. The Salient Features of Electricity Laws
A. The Energy Conservation Act of 2001
B. The Electricity Act of 2003 (Act No. XXXVI of 2003)
C. The Central Electricity Authority (Measures Relating to Safety and Electric Supply) Regulations, 2010 and Indian Electricity Grid Code 2010
D. The NEP, Plan and Tariff Policy
E. The CEA (Procedure for Transaction of Business) Regulations, 2006
F. The Electricity Rules of 2005
G. The CERC (Terms and Conditions of Tariff) Regulations, 2014
H. The Electrical Wires, Cables, Appliances and Protection Devices and Accessories (Quality Control) Order of 2003
§4. Reforms in the Electricity Sector
I. The Transformation of Power Sector
II. Steps Towards Reform
III. Restructuring and Privatization
IV. Reform Process under Uday Scheme
A. Specific Road Map
B. The Threshold Limit
C. Transmission
D. The DSM
Chapter 2. Production
§1. Production Scenario
§2. Electricity Supply Position
§3. Electricity Generation
I. Generating Companies
II. Private Participation in Generation
III. Faster Clearances
IV. Constraints
V. Independent Power Projects
VI. Mega Power Projects in the Private Sector
VII. Speedy Environmental Clearance
VIII. Access to Institutional Funds
IX. Fuel Linkages
X. Captive Power Generation
Chapter 3. Exploitation
§1. Sources of Electricity Generation
§2. Capacity Addition
§3. Private Participation in Exploitation
§4. Exploitation of Nuclear Potential for Electricity Generation
§5. Energy Conservation
I. National Mission for Enhanced Energy Efficiency
II. Energy Audits
§6. Manpower Development
Chapter 4. Transmission
§1. The Present Scenario
§2. Transmission License
§3. National Power Grid
§4. Transmission Facilities
§5. Electricity Losses
I. T&D Losses
II. Theft and Pilferage
Chapter 5. Distribution
§1. Distribution by Licensee
§2. Distribution by Non-licensee
§3. Rules for Submission of an Application
§4. Privatization in Distribution
§5. Distribution Losses
§6. Distribution in Rural Areas
Chapter 6. Consumption
§1. Consumption Levels
§2. Licensee and Consumer
§3. Reforms in Consumption
§4. Retail Tariff
§5. Metering
§6. Quality Control of Electrical Goods
§7. Demand Side Management (DSM)
§8. Tackling Peak Power Demand
Part II. Regulatory Framework Concerning Gas
Chapter 1. General Introduction
§1. Introduction
§2. Regulatory Mechanism
I. MOP&NG
II. GAIL (India) Limited
III. Petronet LNG Limited and Petronet India Limited
§3. Statutory Structure and Legal Regime
I. Applicable Legislation
II. The Salient Features of Gas Legislation
A. The Explosives Act of 1884 (Act No. IV of 1884)
B. The Explosives Substance Act of 1908 (Act No. VI of 1908)
C. The Gas Cylinder Rules of 1981
D. The Static and Mobile Pressure Vessels (Unfired) Rules of 1981
E. The Oilfields (Regulation and Development) Act of 1948 (Act No. L.III of 1948)
F. The Petroleum and Natural Gas Rules of 1959
G. The Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Act of 1962 (Act No. 50 of 1962)
H. The Petroleum and Mineral Pipelines (Acquisition of Right of User in Land) Rules of 1963
I. The Petroleum Tax Guide of 1998
J. The Site Restoration Fund Scheme of 1999
K. The PNGRB Act, 2006
§4. Reforms in the Gas Sector
I. Restructuring
II. Private Sector Participation
§5. Priority Areas and Challenges Identified in the Eleventh Five Year Plan
Chapter 2. Production
§1. Gas Production Scenario
§2. Legal Regime for Production
I. Mining Lease
II. Royalty
III. Inspection
IV. Application for a Lease
V. Rights and Duties of a Lessee
VI. Transfer and Assignment
VII. Constitution of an Agency
§3. Present Leaseholders
§4. Import of Gas
I. Demand Supply Gap and Import
II. LNG Terminals
A. Dahej and Cochin Terminals
B. Ennore, Mangalore and Kakinada Terminal
C. Hazira Terminal
D. Pipavav Terminal: BG
E. Total-Tata Terminal: Trombay Project
F. Terminal at Dhabol
§5. The Twelfth Five Year Plan Scenario
Chapter 3. Exploitation
§1. Reserve Base
§2. Licensing Regime
I. License for Exploration
II. Rule-Making Powers
III. Inspection of Mines
IV. Application for a Prospecting License
V. Rights and Duties of a Licensee
VI. Assignment and Transfer of a License
§3. Contractual Aspects of the Exploitation of Gas
Chapter 4. Transport
§1. Gas Cylinders
§2. Pressure Vessels
§3. Transport by Pipeline
I. Existing Pipelines
II. Pipelines in Mining Areas
III. Acquisition of Right of User in Land for Laying Pipelines
§4. Port Handling and Tankage Facilities
Chapter 5. Distribution
§1. Planning for Distribution
§2. Retail Network
§3. Parallel Marketing
§4. Distribution Infrastructure
§5. Reduction in Flaring of Gas
Chapter 6. Consumption
§1. Consumption Scenario
§2. Gas Availability and Utilization
§3. Gas Pricing
§4. Gas Demand Projections
Part III. Regulatory Framework Concerning Petrol
Chapter 1. General Introduction
§1. Introduction
§2. Regulatory Mechanism
I. Ministry
II. Public Sector NOCs
III. Other Bodies
A. Oil Industry Development Board
B. Petroleum Planning and Analysis Cell/Oil Coordination Committee/Petroleum Federation
C. Centre for High Technology
D. Oil Industry Safety Directorate
E. Directorate General of Hydrocarbons (DGH)
F. Petroleum Conservation Research Association
G. Petroleum India International
§3. Statutory Structure and Legal Regime
I. Constitutional Position
II. The Salient Features of Petrol Legislation
A. The Petroleum Act of 1934
B. The Petroleum Rules of 1976
C. The Oilfields (Regulation and Development) Act of 1948
D. The Petroleum and Natural Gas Rules of 1959
E. The Petroleum and Minerals, Pipelines (Acquisition of Right of User in Land) Act of 1962
F. The Territorial Waters, Continental Shelf, Exclusive Economic Zone and Other Maritime Zones Act of 1976
G. The Oil Industry (Development) Act of 1974
H. The Mines Act of 1952
I. The Mines Rules of 1955
J. The Oil Mines Regulations of 1984
K. The Forest (Conservation) Act of 1980
L. Chapters X B and XI A of the Merchant Shipping Act
M. The Site Restoration Fund Scheme of 1999
N. The Essential Commodities Act of 1955
O. The Essential Commodities (Special Provisions) Act of 1981
§4. The PNGRB Act, 2006
§5. Reforms in the Petrol Sector
I. Restructuring
II. Private Participation
III. Dismantling of the Administered Price Mechanism
§6. Conservation
Chapter 2. Production
§1. Production Profile
§2. Production Operations
I. Mining Lease and Royalty
II. Role of the Government
III. Rights and Duties of a Lessee
IV. Security Deposit, Royalty/Dead Rent and Surface Rent
V. Assignment, Pre-emption and Suspension of a Lease
VI. Site Restoration and Abandonment
VII. Supervisory Agency
VIII. Regulations with Respect to Production
§3. Twelfth Plan Projections for Production
§4. Refining Sector
I. Refineries
II. Refining Capacity
§5. Twelfth Five Year Plan projections and Priorities
Chapter 3. Exploitation
§1. Hydrocarbon Reserves
§2. Licensing Regime
I. Petroleum Exploration License
II. Role of the Government
III. Rights and Obligations of a Licensee
IV. Assignment, Pre-emption and Cancellation of a License
V. Relinquishment
§3. Thrust Areas for Exploration and Development
§4. Contractual Aspects of Exploration
I. Bidding Rounds
II. Award of Blocks
III. PSC Regime
IV. NELP
V. Differences Between the MPSC for Exploration Rounds and the NELP Round of Bidding
§5. The Salient Features of the MPSC for NELP Blocks
I. License, Exploration Period and Relinquishment
II. Work Programme, Management Committee and Operating Agreement
III. General Rights and Obligations of the Parties
IV. Discovery, Development and Production
V. Mining Lease
VI. Unit Development
VII. Protection of Environment
VIII. Fiscal Regime Under the PSC
IX. Employment and Procurement Policy
X. Insurance and Indemnities
XI. Assignment of Interest
XII. Guarantees
XIII. Term and Termination of the Contract, Force Majeure
XIV. Applicable Law and Dispute Resolution
XV. Accounting Procedure
Chapter 4. Transport
§1. Introduction
§2. Licensing Regime for Transport
I. Requirement of a License
II. Role of the Government
§3. Transport by Vessel and Barges
§4. Transport over Land by Vehicle
§5. Transport by Pipeline
I. The Pipeline Network
II. Pipelines in Mining Areas
III. Pipelines in Other Areas
§6. Acquiring Right in Land and Laying a Pipeline
I. Acquiring Right in Land
II. Position of a Foreign Company
§7. Acquisition of Right of User in Land and Laying a Pipeline
I. Scope
II. Declaration of Intention for the Vesting of Right of User in Land
III. Laying a Pipeline
IV. Approval from the Chief Controller
V. Pipeline Specification and Norms for Laying
VI. Compensation to Land Owners
VII. The Maintenance and Upkeep of a Pipeline and its Route
VIII. Inspection of a Pipeline
IX. Alteration, Addition and Repair of a Pipeline
X. Safety Aspects
§8. Private Participation
§9. Development of Port Handling Facilities
§10. India Hydrocarbon Vision 2025
Chapter 5. Distribution
§1. Allocation of Petrol
§2. Distribution by Public Sector Oil Companies
§3. Retail Network and Parallel Marketing of Petroleum Products
§4. Orders Issued to Regulate Distribution
Chapter 6. Consumption
Part IV. Regulatory Framework Concerning Coal
Chapter 1. General Introduction
§1. Introduction
I. Historical Background
II. Integrated Coal Policy
§2. Regulatory Mechanism
I. MOC and Public Sector Coal Companies
II. Other Bodies
A. Geological Survey of India
B. Indian Bureau of Mines
C. The Coal Mines Planning and Design Institute Limited (CMPDIL)
§3. Statutory Structure and Legal Regime
I. Constitution and Coal
II. The Salient Features of Laws Relating to Coal
A. The Mines and Mineral (Regulation and Development) Act of 1957 (No. 67 of 1957)
B. The Coal Mines (Special Provisions) Act, 2015 (No. 11 of 2015)
C. The Mines Act of 1952
D. The Mines Rules of 1955
E. The Mines Rescue Rules of 1985
F. The Coal Bearing Areas (Acquisition and Development) Act of 1957 (Act No. 20 of 1957)
G. The Coking Coal Mines (Emergency Provisions) Act of 1971
H. The Coking Coal Mines (Nationalization) Act of 1972 (No. 36 of 1972)
I. The Coal Mines (Taking Over of Management) Act of 1973
J. The Coal Mines (Nationalization) Act of 1973 (No. 26 of 1973)
K. The Coal Mines (Conservation and Development) Act of 1974 (No. 28 of 1974)
L. The Coal Mines Regulations of 1957
§4. Reforms in the Coal Sector
I. Restructuring
II. Private Sector Participation
§5. Problems Faced by the Coal Sector
§6. Priorities Identified for the coal sector
Chapter 2. Production of Coal
§1. Production Profile
§2. Legal Regime for Production
I. Mining License
II. Grant of a Mining Lease
III. Rights and Duties of a Lessee
IV. Powers of the Government
V. Labour Welfare and Safety in Mines
VI. Regulations, Rules and By-laws
VII. Rescue Stations and Rescue Rooms
VIII. Mining Plan, Monthly and Annual Returns, Duties
IX. Board of Mining Examination
X. Working of Mines
XI. Conservation and Development of Coal Mines
§3. Joint Ventures for Coal Production
§4. Strategy for the Future
Chapter 3. Exploitation of Coal
§1. Coal Reserves
§2. Licensing Regime
I. Prospecting License
II. Extent and Duration
III. Role of the Government
§3. Greater State Control on Exploitation
I. Notice for Prospecting by the Government
II. The Vesting of Right in Land
III. Nationalization of Coking Coal
IV. Nationalization of Coal
§4. Open Cast and Underground Mining
§5. Coal Washeries
§6. Coal Sector Rehabilitation Project
§7. Environmental Measures
§8. Exploration Efforts
I. Future Trends
II. Promotional Drilling for Coal
§9. Exploration for Lignite
Chapter 4. Transport of Coal
§1. Modes of Transport
§2. Regulations for Transport
§3. Inland Transport
I. Road and Inland Waterways
II. Railways
§4. Sea Transport
I. Coal Handling Facilities
II. Carriage Under the Carriage of Goods by Sea Act
III. Safety of Life and Cargo at Sea
Chapter 5. Distribution
§1. Machinery for Distribution
§2. Pricing Mechanism
Chapter 6. Consumption
§1. Main Consumers
§2. Shortfall in Supply
§3. Future Projections
§4. Likelihood of Import in the Future
Part V. Interaction Between Energy Law and Environmental Law
Chapter 1. Introduction
Chapter 2. Regulatory Framework
§1. Ministry of Environment and Forests
§2. Pollution Control Boards and Other Organizations
Chapter 3. Legislation Relating to the Environment
§1. Constitutional Provisions
§2. Enactment, Notifications and Conventions
I. General Legislation
II. Legislation on Water
III. Legislation on Air
IV. Legislation on Hazardous Chemicals/Waste/Pesticides
V. Legislation on Land Use
VI. Other Legislation
VII. Notifications, Orders and Circulars
VIII. International Conventions
IX. The Environment (Protection) Act of 1986 and Rules of 1986
X. The Hazardous Wastes (Management and Handling) Rules of 1989
XI. The Manufacture, Storage and Import of Hazardous Chemical Rules of 1989
XII. The Water (Prevention and Control of Pollution) Act of 1974
XIII. The Air (Prevention and Control of Pollution) Act of 1981
XIV. The Forest Conservation Act of 1980
XV. The Factories Act of 1948
XVI. The Public Liability Insurance Act of 1991
XVII. The Environment Tribunal Act of 1995 and the National Green Tribunal Act, 2010
XVIII. The Notification on Environmental Impact Assessment of Development Projects
Chapter 4. Coal Sector and Environment
§1. Control and Prevention of Pollution
§2. Rehabilitation
Chapter 5. Hydrocarbon Sector and Environment
§1. Petroleum Operations
§2. Clause in the Model Revenue Sharing Contract (MRSC) Relating to the Environment
§3. Production Operations and Pollution
§4. The Site Restoration Fund Scheme of 1999
§5. Refining and Pollution
§6. Storage Tanks
§7. Transportation and Marine Pollution
§8. Pollution from Vehicles Using Petrol or Diesel
Chapter 6. Electricity and Environment
§1. Production of Electricity
§2. Thermal Power Stations
§3. Hydroelectric Power Projects
I. Displacement of People
II. Submergence of Agriculture and Forestland
III. Sedimentation of Reservoirs
§4. Nuclear Power Plants
Chapter 7. Fiscal Incentives to Encourage Control and Prevention of Pollution
Chapter 8. Environmental Clearances
§1. Projects Requiring Clearance
§2. Procedure for Clearance
§3. Documents to Be Submitted for Clearance
§4. Environmental Appraisal Procedure
§5. Environmental Monitoring
Part VI. Interaction Between Energy Law and Tax Laws
Chapter 1. Introduction
Chapter 2. General Taxation
§1. Income Tax
§2. Minimum Alternate Tax (MAT)
§3. Corporate Tax
§4. Withholding Tax
Chapter 3. Income Tax Incentives for Mining Industry
Chapter 4. Indirect Taxes
Chapter 5. Levies Under the Mines and Minerals (Regulation and Development) Act
Chapter 6. The Petrol and Gas Sector
§1. Petroleum Tax Guide
§2. Provision in Model Revenue Sharing Contract (MRSC)
§3. Escrow Account
Chapter 7. Electricity and Taxation
§1. Collection from Consumer
§2. Tariff for Generating Companies and Other Licensees

Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides a systematic approach to legislation and legal practice concerning energy resources and production in India. The book describes the administrative organization, regulatory framework, and relevant case law pertaining to the development, application, and use of such forms of energy as electricity, gas, petroleum, and coal, with attention as needed to the pervasive legal effects of competition law, environmental law, and tax law. A general introduction covers the geography of energy resources, sources and basic principles of energy law, and the relevant governmental institutions. Then follows a detailed description of specific legislation and regulation affecting such factors as documentation, undertakings, facilities, storage, pricing, procurement and sales, transportation, transmission, distribution, and supply of each form of energy. Case law, intergovernmental cooperation agreements, and interactions with environmental, tax, and competition law are explained. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for energy sector policymakers and energy firm counsel handling cases affecting India. It will also be welcomed by researchers and academics for its contribution to the study of a complex field that today stands at the foreground of comparative law.

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