Electricity Reform Act, 1995
COMMISSIONS POWER TO PASS ORDERS AND ENFORCE DECISIONS
28 (1) Where the Commission is
satisfied that a licence is contravening, or is likely to contravene any relevant
conditions or requirement of its licence, it shall by final order under section
29 and, it it thinks it appropriate in accordance with sub-section
(2) by interim order under this section, issue such directions as it deemsdeems 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
the extent to which the contravention or likely contravention by the licensee will a
feet the achievement of the objects and purposes of this Act;
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
the extent to which 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 -
stating that it proposes to make the order;
the relevant conditions or requirement with which the proposed order is intended to
the acts or omissions which, in its opinion, constitute contravention of that condition
the other facts which in its opinion. justify the making of the proposed order; and
the effects of the proposed order;
specifying the period not being less than five days from the date
of notice within which the licensee may make representations or objections to the proposed
(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 clause (c) of the said
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
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 compliance with the condition
or requirement in question.
(6) An interim order -
shall require the licensee to whom it relates to do, or to abstain from doing, such
things as arc specified in the order;
shall take effect from such time as is specified in the order; and
may be revoked, modified c 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 -
serve a copy of the order on the licensee to whom the order relates;
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
commence proceedings to declare the interim orders to be a final order in accordance
with section 29.
29 (1) It the Commission proposes
to make a final order or to declare an interim order to be a final order, the Commission
shall give notice-
stating that it proposes lo make the final order or to declare the interim order to be a
setting out the information referred to in clause
(b) of sub-section (3) of section 28 in respect of the proposed final order; and
specifying the period not being less than sixty days from the date of publication of the
notice, within which representations or objections to the proposed order may be made.
(2) The Commission shall consider any representations or
objections that are duly made and not withdrawn and shall publish details of such
representations or objections specifying a period. not being less than thirty days from
the date of publication of the notice within which further representations or objections
may be made.
(3) A notice under sub-section (1) or (2)
shall be given -
by publishing the notice in such manner as the Commission considers appropriate for the
purpose e of bringing the matters to which the notice relates to the attention of persons
likely to be affected by them; and
by serving a copy of the notice, and a copy of the proposed final order on the licensee
to whom the order relates.
(4) 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 -
with the consent to the modification of he licensee to whom the proposed final order
after complying with the requirement, of sub-section (5).
(5) The Commission shall, for the purpose of sub-section
serve on the licensee to whom the proposed final order relates such notice as appears to
the Commission lo be requisite, of its proposal to modify the proposed final order,
together with details of such modifications;
specify in that notice the period not being less than thirty days from the date of the
service of the notice, within which representations or objections to the proposed
modifications can be made; and
consider any representations or objections which are duly made and not withdrawn within
ten days of the receipt thereof.
(6) The provisions of clauses (a) and (b) of sub-section (6) of
section 28 shall apply to final orders.
(7) 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.
(8) The Commission may revoke a final order at any time, but
before revoking a final order the Commission shall give notice
stating that it proposes to revoke the order and setting out its effect; and
specifying the period not being less than thirty days from the date of publication of
the notice within which representations or objections to the proposed revocation may be
made, and shall consider any representations or objections which are duly made and not
withdrawn within ten days of the receipt thereof.
(9) If, after giving a notice under sub-section
(8) 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.
(10) The procedure provided in clauses (a) and (b) of sub-section (7)
of section 28 shall be followed for giving a notice under sub-section
(8) or (9).
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
(2) The Commission shall be entitled to take such assistance from the police and other
authorities in the State required to effectively enforce the orders and directions given
(3) The Commission shall be entitled to give directions for vesting of the management
and control of any of the undertaking of the licensee with the assets, interests and
rights of the 'undertaking with any other person or authority pending any enquiry and
passing of interim or final orders in the matter, if the Commission considers, taking into
account the object 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 to pass such
Provided that no direction under this sub-section shall be issued without giving the
licensee a reasonable opportunity of being heard
31 (1) The Commission shall be
entitled to impose such fines and charges as may be prescribed by the Commission in
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 thereunder 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 rupees one lakh for an act of non-compliance or violation and a further amount not
exceeding rupees six thousand for every day during which the non-compliance or violation
(2) The Commission shall, while making an interim or final order under this Chapter, 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.
Explanation - In this Chapter, the expression "relevant condition or
requirement" in relation to a licensee, means any condition of the licence or any
duty or other requirement imposed on it by this Act or rules or regulations made
thereunder or the Indian Electricity Act, 1910 or the Electricity (Supply) Act, 1948.
9 of 1910
54 of 1948
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