Section 5 in The U.P. Electricity Regulatory Commission (Fees and Fines) Regulations, 2010
5. Imposition of Fines.
(1)Subject to the provisions of the Acts, the Commission may initiate a proceeding for imposition of fines against any person(s) including generating companies and licensees for non-compliance or violation on their part of the provisions or requirements of the Acts or rules, regulations and codes framed under the Acts or the directions or the orders of the Commission made from time to time.(2)The provisions of UPERC (Conduct of Business) Regulations, 2004, shall apply mutatis mutandis to such proceeding for imposition of fines.(3)While determining the quantum or extent of the fines to be imposed, the Commission shall consider, amongst other relevant things, the following:(a)The nature and extent of non-compliance or violation;(b)The wrongful gain or unfair advantage derived as a result of the non-compliance or violation;(c)The loss or degree of harassment caused to any person(s) as a result of the non-compliance or violation;(d)The repetitive nature of the non-compliance or violation.(4)Before imposing any fines, the Commission shall give an opportunity to the person(s) upon whom such fines are proposed to be imposed to represent against the proposal to impose such fines.(5)The Commission shall issue a notice to the person(s) specifying the nature of non-compliance or violation on the person's part and show cause (sic to) him within the time specified in the notice as to why fines may not be imposed on him for such non-compliance or violation.(6)Based on the proceedings, if the Commission reaches to the conclusion that a deliberate non-compliance or violation has been committed by the person(s), the Commission shall record it and may impose such fines as it may consider fit in the circumstances of the case, subject to the provisions of the Acts.(7)The Commission may on being satisfied that no non-compliance or violation of any provisions of Acts, rules or regulations or an order of the Commission has been committed, discharge the notice.
