Section 28 in Rajasthan Power Sector Reforms Act, 1999
28. Interim Orders for securing compliance.
(1)Where the Commission is satisfied that a licensee is contravening or is likely to contravene any condition of his licence, it shall by final order under section 29 and if it thinks it appropriate, in accordance with sub-section (2) by interim order 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 with 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, before a final order can be made: and(c)the extent to which having regard to the provisions of this section hereinafter made there is any other remedy available in respect of the alleged contravention of a condition of license.(3)Where 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 any condition or requirement.(iii)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 receipt of notice within which the licensee may make representations or objections to the proposed order.(4)Subject to the provisions contained in sub-section (5) and 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 sub-section (3) 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 condition of the licence:(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 the period specified in the order unless before the expiry of said period the Commission after following the procedure set out in section 29, declares 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 the persons likely to be affected by it: and(c)commence proceedings to declare the interim order to be a final order, in accordance with section 29.
