Section 5 in Bihar Electricity Regulatory Commission (Fees, Fines and Charges) Regulations, 2019
5. Imposition of Fines and / or Charges.
(1)Subject to the provisions of the Act, the Commission may, while deciding any matter or proceeding pending before the Commission or at any other time, initiate a proceeding for imposition of Fines and/or Charges against any person including generating companies and licensees for non-compliance or violation on their part of the provisions or requirements of the Act or Rules, Regulations or Codes framed under the Act or the directions or orders of the Commission made from time to time. The fines and charges for various offences and non compliance or violations shall be governed by the respective provisions of the Act and the Bihar Electricity Regulatory Commission (Conduct of Business) Regulations, 2005.(2)The provisions of the Bihar Electricity Regulatory Commission (Conduct of Business) Regulations, 2005 and its amendments from time to time applicable to the proceedings shall apply mutatis mutandis to a proceeding for imposition of fines and / or charges.(3)While determining the quantum or extent of the Fines and/or Charges 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 noncompliance or violation;(c)the loss or degree of harassment caused to any person(s) as a result of the non-compliance or violation; and(d)the repetitive nature of the non-compliance or violation(4)Before imposing any Fines and/or Charges, the Commission shall give an opportunity to the person upon whom such Fines and/or Charges are proposed to be imposed, to represent against the proposal to impose such Fines and/or Charges and also on the quantum or extent of the Fines and/or Charges proposed to be imposed.(5)The Commission shall issue a notice to the person specifying the nature of non-compliance or violation on the persons part and also call upon him to show cause within the time specified in the notice as to why Fines and/or Charges may not be imposed on him for such non-compliance or violation.(6)Where in reply to the notice, the person admits non compliance or violation in writing, the Commission shall record it and may impose such Fines and/or Charges as it may consider fit in the circumstances of the case, subject to the provisions of the Act.(7)If the person to whom a notice has been issued under sub clause (5) above fails to show cause or denies non compliance with or violation of any provision of the Act or rules or regulations or an order of the Commission, the Commission may enquire into the matter in such manner as it deems fit.(8)The Commission, may, on being satisfied that no non-compliance or violation of any provision of Act, rules or regulations or an order of the Commission has been committed, discharge the notice.
