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State of Punjab - Section

Section 60 in The Punjab State Electricity Regulatory Commission (Conduct of Business) Regulations, 2005

60. Imposition of Fines and Charges.

(1)The Commission may initiate a proceeding for imposition of fines and charges and award of compensation upon receiving a complaint or on its own if the Commission is of the view that the facts made known prima facie constitute non-compliance or violation by a generating company, a licensee or other person of any provision or requirement of the Act or of any of the Rules or Regulations framed thereunder or of directions or orders of the Commission.
(2)If the Commission decides on the basis of the information received or otherwise that there is a prima facie cause to proceed in the matter, a case shall be registered and notice shall be issued to the person responsible for non-compliance or violation under sub-clause (1) above to show cause within a reasonable time as to why the Commission should not impose the fines or charges on him. The notice shall state the substance of the allegation against such person with specific reference to the alleged non-compliance or violation.
(3)On the date fixed in the notice for appearance, the Commission shall explain to the person responsible for non-compliance or violation or his authorised representative, the nature of non-compliance or violation committed by such person.
(4)Where the person responsible for non-compliance or violation appears in response to the notice and admits the truth of the allegation by a memorandum in writing, the Commission shall record the response and may impose such fines or charges as the Commission may consider appropriate in accordance with the provisions of the Act and the Regulations framed by the Commission for the purpose and may also award compensation to the affected person.
(5)Where the person responsible for non-compliance or violation on appearance does not admit the alleged violation or non-compliance and demands a hearing, the Commission shall proceed to hear the case in accordance with the provisions of the Act and these Regulations.
(6)If any person to whom a notice has been issued fails without reasonable cause to appear before the Commission on the date fixed for hearing or any subsequent date to which the proceeding may have been adjourned, the Commission may at its discretion proceed with the case ex parte in the absence of such person.
(7)The Commission shall proceed to hear the complainant and take such evidence, oral or documentary, or by way of affidavit, as may be produced in support of the case and take all such evidence as may be produced by the complainant and the person responsible for non-compliance or violation in his defence. Where the proceeding has been initiated upon information received by the Commission, it may direct any of its officers to act as complainant in the matter and present the evidence in the case.
(8)The Commission, at any stage of the proceeding, shall have the power to summon and enforce the attendance of any person who appears to be acquainted with the facts and circumstances of the case to give evidence or to produce any document which in the opinion of the Commission appears to be material or relevant to the subject matter of the proceeding.