Order by the Commission

§26

Summary

(1) Where it comes to the knowledge of the Commission from a complaint or otherwise that any of the terms and conditions of a licence has been contravened by the licensee or is likely to be contravened it may by an order require the licensee to do, or to abstain from doing such things as may be specified in such order for the purposes of securing compliance with the terms and conditions of the licence. (2) While making an order under this section, the Commission shall have regard to the following facts, namely, (a) the extent to which the contravention referred to in subsection (1) 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 any of the terms and conditions of the licence, before an order can be made ; and (c) any other remedy available in respect of the contravention referred to in sub-section (1). (3) Before making an order under sub-section (1), the Commission shall give a notice to the licensee : (a) stating that it proposes to make the order ; (b) setting out, (i) conditions or requirements, with which the proposed order is intended to secure compliance ; (ii) the acts or omissions which, in its opinion, constitute contravention of any of the terms and conditions of the licence ; and (iii) any other facts which, in its opinion, justify the making of the order ; and (c) specifying the period not being less than thirty days from the date of the notice within which the licensee may make representation or objections to the proposed order. (4) A notice under sub-section (3) shall be published for general information in at least one daily newspaper widely circulated in the area of supply. (5) Where the Commission is of the view that the purpose of making an order shall be defeated by delay in making the order, or the contingency of the circumstances so require, it may make an interim order not inconsistent with the order proposed under sub-section (3) any time after seven days from the date of the said notice. (6) The Commission shall have the powers to give directions for the 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 person or authority pending an inquiry in the matter, if the Commission considers it necessary to make such direction after taking into account the objects and purposes of this Act and the need to maintain continuous supply of electricity in an efficient and safe manner to the consumers : Provided that no direction under this sub-section shall be issued without giving the licensee a reasonable opportunity of being heard. (7) The Commission may, after considering the representations or objections received and after affording the licensee on opportunity of being heard, make an order at any time after the expiry of the paid referred to in clause (c) of sub-section (3), if, (a) the Commission has reasons to believe that the licensee has contravened or is contravening or may in all probability contravene any of the terms and conditions of the licence ; and (b) the order appears to be necessary for securing compliance with the terms and conditions of the licence. (8) Where, after a notice has been issued under sub-section (3), the licensee has taken or has agreed to take all such steps as may be necessary of the implementation of the terms and conditions of the licence, it shall not be necessary for the Commission to make an order under this section. (9) An order under this section, (a) shall take effect from such prospective date as may be specified in the order ; and (b) may be revoked or modified at any time by the Commission after affording an opportunity of being heard to the licensee and all other such persons as are likely to be affected by such order. (10) An order under sub-section (1) or sub-section (5), shall be published in at least one daily newspaper widely circulated in the area of supply.

(1) Where it comes to the knowledge of the Commission from a complaint or otherwise that any of the terms and conditions of a licence has been contravened by the licensee or is likely to be contravened it may by an order require the licensee to do, or to abstain from doing such things as may be specified in such order for the purposes of securing compliance with the terms and conditions of the licence. (2) While making an order under this section, the Commission shall have regard to the following facts, namely, (a) the extent to which the contravention referred to in subsection (1) 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 any of the terms and conditions of the licence, before an order can be made ; and (c) any other remedy available in respect of the contravention referred to in sub-section (1). (3) Before making an order under sub-section (1), the Commission shall give a notice to the licensee : (a) stating that it proposes to make the order ; (b) setting out, (i) conditions or requirements, with which the proposed order is intended to secure compliance ; (ii) the acts or omissions which, in its opinion, constitute contravention of any of the terms and conditions of the licence ; and (iii) any other facts which, in its opinion, justify the making of the order ; and (c) specifying the period not being less than thirty days from the date of the notice within which the licensee may make representation or objections to the proposed order. (4) A notice under sub-section (3) shall be published for general information in at least one daily newspaper widely circulated in the area of supply. (5) Where the Commission is of the view that the purpose of making an order shall be defeated by delay in making the order, or the contingency of the circumstances so require, it may make an interim order not inconsistent with the order proposed under sub-section (3) any time after seven days from the date of the said notice. (6) The Commission shall have the powers to give directions for the 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 person or authority pending an inquiry in the matter, if the Commission considers it necessary to make such direction after taking into account the objects and purposes of this Act and the need to maintain continuous supply of electricity in an efficient and safe manner to the consumers : Provided that no direction under this sub-section shall be issued without giving the licensee a reasonable opportunity of being heard. (7) The Commission may, after considering the representations or objections received and after affording the licensee on opportunity of being heard, make an order at any time after the expiry of the paid referred to in clause (c) of sub-section (3), if, (a) the Commission has reasons to believe that the licensee has contravened or is contravening or may in all probability contravene any of the terms and conditions of the licence ; and (b) the order appears to be necessary for securing compliance with the terms and conditions of the licence. (8) Where, after a notice has been issued under sub-section (3), the licensee has taken or has agreed to take all such steps as may be necessary of the implementation of the terms and conditions of the licence, it shall not be necessary for the Commission to make an order under this section. (9) An order under this section, (a) shall take effect from such prospective date as may be specified in the order ; and (b) may be revoked or modified at any time by the Commission after affording an opportunity of being heard to the licensee and all other such persons as are likely to be affected by such order. (10) An order under sub-section (1) or sub-section (5), shall be published in at least one daily newspaper widely circulated in the area of supply.

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