MADHYA PRADESH VIDYUT SUDHAR ADHINIYAM

ORDERS AND ENFORCEMENT

Orders for securing compliance

1. Where the Commission is satisfied that a licensee is contravening, or is likely to contravene any relevant condition or requirement, 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 :

   1. The extent to which the contravention or likely contravention by the licensee will affect the achievement of the objects and purposes of this Act.

   2. The extent to which any person is likely to sustain loss or damage in consequence of anything which, 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.

   3. The extent to which (having regard to the provisions hereinafter provided in this section there is any other remedy available 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 -

   1. Stating that it proposes to make the order.

   2. Setting out :-

      1. The relevant conditions or requirement that the proposed order is intended to secure compliance.

      2. The acts or omissions which, in its opinion constitute contravention of that condition or requirement.

      3. The other facts which in its opinion, justify the making of the proposed order.

      4. The effects of the proposed order & 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), and having considered any representations or objections from the licensee pursuant to sub-section (3), if-

   1. The Commission has good 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. 

   2. 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 or facilitate compliance with the condition or requirement in question.

6. An interim order--

   1. May 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 which are of a description so specified.

   2. Shall take effect from such time, being the earliest practicable time, as is determined by the order.

   3. 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-

   1. Serve a copy of the order on the licensee to whom the order relates.

   2. Publish the order in such manner as it considers appropriate for the purpose of bringing it to the knowledge of persons likely to be affected by it.

   3. Commence proceedings to declare the interim order to be a final order in accordance with Section 29 29.

Final orders for securing  compliance

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-

   1. Stating that it proposes to make the final order or to declare the interim order to be a final order. 

   2. Setting out the information referred to in clause (b) of sub-section (3) of Section 28 in respect of the proposed final order.

   3. 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 representation 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) shall be given-

   1. By publishing the notice in such manner as the Commission considers appropriate for the purpose of bringing the maters, to which the notice relates, to the knowledge of persons likely to be affected.

   2. 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 publications of the notice referred to in sub-section (1), except:--

   1. with the consent of the licensee to whom the proposed final order relates.

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

4. The Commission shall-

   1. 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 proposal final order, together with details of such modifications.

   2. specify in that notice the period (being not less than 30 days from the date of the service of the notice) within which representation or objections to the proposal modifications can be made.

   3. consider any representations or objections that are duly made within the time specified and not withdrawn.

5. The provisions of clause (a) and (b) of sub-section (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- 

   1. Stating that it proposes to revoke the order and setting out its effect.

   2. 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 revocations may be made, and shall considered any representations or objections to the proposed revocation may be made, and shall considered any representations or objections which are duly made within the time specified and not withdrawn.

8. If, after giving a notice under sub-section (7), 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) shall be given by the procedure set out in clauses (a) and (b) of sub-section (7) of Section 28 30.

Emergency provisions

1. The Commission shall be entitled to give directions for vesting in any person the management and control of any of the undertaking of the licensee with the assets, interests and rights of the undertaking. If the Commission considers, taking into account the object and purposes of this Act and the need to maintain contained supply of electricity in an efficient and safe manner to the consumer, it may give directions forthwith.

2. The directions issued under sub-section (1) shall not be questioned on the ground that no prior notice of giving directions was given to the licensee but the Commission shall give opportunity to the licensee and hear the licensee before passing further orders in terms of Sections 28 and 29 of this Act. 31.

Effect & enforcement of interim and final orders, Fines & Charges.

1. All interim or final orders passed and directions given by the Commissions shall be enforceable in law as if it is 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 impose such fines and charges as may be prescribed by the Commission in the regulations for noncompliance or violation on the part of the generating companies, licensees or other person, of the provisions or requirements of this Act or 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 1,00,000 (one lakh) for an act of non-compliance or violation and a further amount not exceeding Rs 6,000 (six thousands) for every day during which the non-compliance or violation continues.

4. The Commission shall, while making an interim or final order under this part, or otherwise by any general or special order, direct compensation to be paid by the person guilty of violation or non-compliance as provided in sub-section (3) to the person or persons affected by such violation or non-compliance.

5. The fines, charges or 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. 32.

General Control of commission

1. The licensees, generating companies and all others shall comply with the provisions of the regulations framed by the Commission from time to time governing the terms and conditions for the operation and maintenance of the power system and electric supply lines.

2. After the Act comes into force all assets, properties, interests in property and other facilities forming part of or used in connection with the electricity industry in the State, established in the State whether before or after the commencement of the Act, shall be subject to the regulations to be framed by the Commission to achieve the objects and purposes of the Act and in particular the need to have the continued operation and maintenance of the power system and electric supply lines.