Commission Power to pass Orders and Enforce Decisions

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Interim orders for securing compliance
 

28. (1) Where the Commission is satisfied that a licensee is contravening, or is likely to contravene any relevant condition or requirement of its license, it shall by final order under section 29 and, if it thinks it appropriate, in accordance with sub-section (2) by interim order under this section, issue such directions as it deems proper for securing compliance.

(2) In determining whether it is appropriate that an interim order be made, the Commission shall have regard, in particular to,-

(a) the extent to which the contravention or likely contravention by the licensee will affect the achievement of the objects and purposes of this Act;

(b) the extent to which any person is likely to sustain loss or damage in consequence of anything which, is likely to be done, or omitted to be done, in contravention of the relevant condition or requirement, before a final order can be made; and

(c) the extent to which (having regard to the following provisions of this section) there is any other available remedy in respect of the alleged contravention of a relevant condition or requirement.

(3) If the Commission proposes to make an interim order, it shall give notice to the licensee--

(a) stating that it proposes to make the order;

(b) setting out,-

(i) the relevant conditions or requirements which the proposed order is intended to secure compliance;

(ii) the acts or omissions which, in its opinion constitute contravention of that condition or requirement;

(iii) the other facts which in its opinion, justify the making of the proposed order; and

(iv) the effects of the proposed order.

(c) specifying the period (being not less than 5 days from the date of notice) within which the licensee may make representations or objections to the proposed order.

(4) Subject to sub-section (5), having considered any representations or objections from the. licensee pursuant to clause (c) of sub-section (3) the Commission may make an interim order at any time after expiry of the period referred to in sub-section (3) (c), if,-

(a) the Commission has reason to believe that the licensee to whom the order relates has contravened or is contravening or is likely to contravene any relevant condition or requirement; and

(b) the provisions made by the order are requisite for the purpose of securing compliance with that condition or requirement.

(5) the Commission may not make an interim order if it is satisfied that the licensee has agreed to take and is taking all such steps as the Commission considers that the licensee should take to secure compliance with the condition or requirement in question.

(6) an interim order,-

(a) shall require the licensee to whom it relates (according to the circumstances of the case) to do, or not to do, such things as are specified in the order or are of a description so specified;

(b) shall take effect from such time, being the earliest practicable time, as is determined by the order; and

(c) may be revoked, modified or rescinded at any time by the Commission, but in any event shall cease to have effect at the end of such period as is stated in the order unless the Commission is at that time following the procedure set out in section 29 to declare the interim order to be a final order.

(7) As soon as practicable after making an interim order, the Commission shall --

(a) serve a copy of the order on the licensee to whom the order relates;

(b) publish the order in such manner as it considers appropriate for the purpose of bringing it to the attention of persons likely to be affected by it; and

(c) commence proceedings to declare the interim orders to be a final order in accordance with section 29.

 


Final orders for securing Compliance

29. (1) If the Commission proposes to make a final order or to declare an

interim order to be a final order, the Commission shall give notice,-

(a) stating that it proposes to make the final order or to declare the interim order to be a final order;

(b) setting out the information referred to in clause (b) of sub- section (3) of section 28 in respect of the proposed final order; and

(c) specifying the period (being not less than 60 days from the date of publication of the notice) within which representations or objections to the proposed order may be made; and shall consider any representations or objections that are duly made and not withdrawn. The Commission shall publish notice of such representations or objections and specify a period (being not less than 30 days from the date of publication of the notice) within which further representations or objections may be made.

(2) A notice under sub-section (1), above shall be given,-

(a) by publishing the notice in such manner as the Commission considers appropriate for the purpose of bringing the matters to which the notice relates to the attention of persons likely to be affected by them; and

(b) by serving a copy of the notice, and a copy of the proposed final order on the licensee to whom the order relates.

(3) The Commission shall not modify the proposed final order as a result of any representations or objections received following publication of the notice referred to in sub-section (1), except-

(a) with the consent to the modification of the licensee to whom the proposed final order relates; and

(b) after complying with the requirements of sub-section (4) below.

(4) The requirements mentioned in sub-section (3) above are that the Commission shall,-

(a) serve on the licensee to whom the proposed final order relates such notice as appears to the Commission requisite of its proposal to modify the proposed final order, together with details of such modifications;

(b) in that notice specify the period (being not less than 30 days from the date of the service of the notice) within which representations or objections to the proposed modifications can be made; and

(c) consider any representations or objections which are duly made and not withdrawn within 10 days of the receipt thereof.

(5) The provisions of clauses (a) and (b) of sub-sections (6) of section 28 shall apply to final orders.

(6) As soon as practicable after making a final order, the Commission shall with respect to the final order, follow the procedure set out in clauses (a) and (b) of sub-section (7) of section 28.

(7) The Commission may revoke a final order at any time, but before revoking a final order the Commission shall give notice,-

(a) stating that it proposes to revoke the order and setting out its effect; and

(b) specifying the period being not less than 30 days from the date of delivery of the notice within which representations or objections to the proposed publication may be made, and shall consider any representations or objections which are duly made and not withdrawn within 10 days of the receipt thereof.

(8) If, after giving a notice under sub-section (7) above, the Commission decides not to revoke the final order to which the notice relates, it shall give notice of its decision to the concerned persons.

(9) A notice under sub-section (7) or (8) above shall be given by the procedure set out in clauses (a) and (b) sub-section (7) of section 28.

 


Effect and enforcement of interim and final orders and emergency provisions

30. (1) Without prejudice to section 46 of this Act, all orders and directions, interim or final, passed by the Commission shall be enforceable in law as if it were a decree passed by a Civil Court.

(2) The Commission shall be entitled to take such assistance of the

police and other authorities in the State required to effectively enforce the orders and directions given by the Commission.

(3) The Commission shall be entitled to give directions for vesting of the management and control of any undertaking of the licensee with the assets, interests and rights of the undertaking with any other persons or authority pending any inquiry and passing of interim or final orders in the matter, if the Commission considers, taking into account the objects and purposes of this Act and the need to maintain continued supply of electricity in an efficient and safe manner to the consumer, it is necessary and expedient to pass such orders or directions. Such directions or orders shall not be questioned on the ground that no prior notice of or hearing on the intention to pass the order or direction was given to the licensee. The Commission shall however give opportunity to the licensee and hear the licensee before passing further orders in terms of sections 28 and 29 of this Act.

 


Fines and charges

31. (1) The Commission shall be entitled to impose such fines and charges as may be prescribed by the Commission in the regulations for non compliance or violation on the part of the Generating Companies, licensees or other persons, of the provisions or requirements of this Act or, rules and regulations framed there under and directions or orders of the Commission made from time to time. The fines which the Commission shall be entitled to impose may extend up to Rs. 5,00,000 (five lakhs) for an act of non-compliance or violation and a further amount not exceeding Rs. 20,000 (twenty thousand) for every day during which the non-compliance or violation continues.

(2) The Commission shall, while making an interim or final order under this Part, shall be entitled to direct compensation to be paid by the person guilty of violation or non-compliance as provided in sub-section (1) to the person or persons affected by such violation or non-compliance.

(3) The fines, charges and compensation which may be imposed by the Commission under this section shall be in addition to and not in derogation of any other liability, which the person guilty of violation or non-compliance, may have incurred.

 


General control of the Commission

31. A. The generating company(ies) shall comply with the regulations that may be framed by the Commission concerning the operation and maintenance of the power system and electric supply lines in an efficient and economical manner.