(1) Subject to the provisions of the Act, the Commission may initiate a proceeding for imposition of fines, penalties and/or charges in the event of non-compliance of orders or directions given under the Act as provided in section 142 of the Act for any contravention of any directions issued by the Commission under the Act or rules or regulations made thereunder.
(2) The provisions of Chapter II, applicable to the proceedings, shall apply mutatis mutandis to a proceeding for imposition of fines, penalties and/or charges.
(3) While determining the quantum or extent of the fines, penalties 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 amount of wrongful gain or unfair advantage derived or contra loss or disadvantage caused to any person(s), including the Commission, as a result of the non-compliance or violation;
(c) the amount of loss or degree of harassment caused to any person(s) , including the Commission, or harmful effect on the efficient, economical and competitive performance of the electricity industry as a result of the non-compliance or violation; and
(d) the nature and extent of harm or impairment caused to the objects and purposes of the Act as a result of non-compliance or violation;
(e) motive for non-compliance or violation; and
(f) the repetitive nature of the non-compliance or violation.
(4) The fines/ penalties or charges imposed by the Commission shall be paid, unless otherwise specified by the Commission, within 30 days of the date of the order of the Commission imposing the fines or charges.
(5) The fines/ penalties and charges shall be payable and the amount deposited in the same manner as specified in regulations 58.
(6) If the fines/penalties or charges imposed by the Commission are not paid within 30 days as per sub-regulation (4), the same shall be recoverable as arrears of land revenue.
1 Ins. serial No. 8 vide Not. No. HPERC/609-B dated 20 th December, 2005, published in the R.H.P (Extra.) dated 30 th December, 2005 at p. 5604-5608.
2 Add. vide Not. No. HPERC/151 dated 10 th June, 2019, published in the R.H.P dated 12 th June, 2019 at p. 2638-2642.
34
CHAPTER-XII MISCELLANEOUS