Section 90 in The M.P. Electricity Regulatory Commission (Conduct of Business) Regulations, 1999
90. Contravention of license.
- The Commission may pass such orders as it thinks fit in accordance with the provisions given below for the contravention or the likely contravention of the terms and conditions of the license by licensee.(1)Interim order :(i)Where the Commission is satisfied that a licensee is contravening or is likely to contravene any of the relevant conditions or requirements of its license, it shall by final order under sub-clause (2) and, if it thinks appropriate in accordance with sub-clause (1) (ii), by interim order under this clause, issue such directions as it deems proper for securing compliance.(ii)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 the 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 there is any other available remedy in respect of the alleged contravention of a relevant condition or requirement.(iii)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 with 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 order facts which in its opinion, justify the making of the proposed order; and(iv)the effects of the proposed order.(c)specify 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 order.(iv)Subject to sub-clause (1)(v), having considered any of the representations or objections from the licensee pursuant to sub-clause (1)(iii)(c), the Commission may make an interim order at any time after expiry of the period referred to above, 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.(v)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 necessary to secure compliance with the condition or requirement in question.(vi)The order-(a)shall require the licensee to whom it relates, to do or to abstain from doing such things as are specified in the order;(b)shall take effect from such time as is specified in 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 sub-clause (2) to declare the interim order to be a final order.(vii)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 sub-clause (2).(2)Final order :(i)If the Commission proposes to make the final order or to declare an interim order to be the final order, the Commission shall give notice to the licensee :(a)stating that it proposes to make the final order or to declare the interim order to be the final order;(b)setting out the information referred to in sub-clause (1)(iii)(b) of clause 90 in respect of the proposed final order; and(c)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.(ii)The Commission shall consider the representations or objections that are duly made and not withdrawn by the licensee and shall publish details of such representations or objections specifying a period, not less than thirty days from the date of publication of notice within which further representations or objections may be made.(iii)A notice under sub-section (2)(i) shall be given by serving a copy of notice and a copy of the proposed final order on the licensee to whom the order relates, and a notice under sub-clause (2) (ii) by publishing it 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.(iv)The Commission shall not modify the proposed final order as a result of representations of objections received following publication of the notice referred to in sub-clause (2)(ii) except-(a)after considering the representations or objections; and(b)with the consent to the modification of the licensee to whom the proposed final order relates.
