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An Analysis of the Electricity (Amendment) Rules, 2026 – Rule 3

23 Mar 2026 India 20 min read

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On March 13, 2026, the Ministry of Power, Government of India, notified amendments to Rule 3 (Amendment) of the Electricity Rules, 2005 (Electricity Rules).[1] Rule 3 of the Electricity Rules prescribes the conditions under which a power plant qualifies as captive generating plant (CGP), enabling captive user(s) to avail exemptions from cross-subsidy and additional surcharges under the Electricity Act, 2003 (Electricity Act).[2] The Amendment will be effective from the date of its notification in the gazette of India, except for sub-rule 3 (2)(d)(ii), sub-rule 3(2)(d)(iii) and sub-rule 3(4) which will become effective from April 1, 2026. 

The Amendment seeks to address prevailing interpretational ambiguities under Rule 3 and introduces certain substantive refinements to further enable group captive structures to fully access captive power benefits.[3] We have analysed the Amendment and set out our observations below:

CONCLUSION

The Amendment marks a significant recalibration of India’s captive power framework under Rule 3 of the Electricity Rules. While the core eligibility thresholds for qualifying as a captive generating plant remain unchanged, the Amendment introduces several clarifications.  

In particular, the recognition of affiliates and group entities for determining both captive consumption and ownership reflects the commercial realities of modern corporate structures and is likely to facilitate growth of the C&I market. Similarly, the statutory incorporation of the weighted average principle provides much-needed clarity in cases involving mid-year ownership changes.

At the same time, the introduction of a cap on proportionate captive consumption represents a substantive shift in the regulatory framework. While the eligibility criteria for CGP status remain intact, the limitation on the captive benefits that may be availed by group captive users may lead to preference of single captive user structures over group captive structures. 

The efficacy of the revised framework will also depend significantly on the manner in which verification authorities and other regulatory bodies interpret and implement these changes.


This alert is for information purposes only. Nothing contained herein is, purports to be, or is intended as legal advice and you should seek legal advice before you act on any information or view expressed herein. Although we have endeavored to accurately reflect the subject matter of this alert, we make no representation or warranty, express or implied, in any manner whatsoever in connection with the contents of this alert. No recipient of this alert should construe this alert as an attempt to solicit business in any manner whatsoever.

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