| AMENDMENT TO REGULATION-5 OF THE
MERC (FEES & CHARGES) REGULATIONS, 2000.
No. MERC/146/2001 - In exercise of the powers conferred
on it by clause (e) of sub-section (2) of section 58 of the electricity
Regulatory Commissions Act, 1998 (14 of 1998), the Maharashtra Electricity
Regulatory Commission hereby amends Regulation 5 of the Maharashtra Electricity
Regulatory Commission (Fees & Charges) Regulations, 2000 (pages 652-655:
notified on 9.10.2000), by deleting it and substituting it as follows:
5. Penalties / Fines for Non-compliance:
(1) The penalty as would be ordered by the Commission under section 45
of the Act shall be paid within 30 days of the Order of the commission
imposing penalty or within such extended date as allowed by the Commission.
While determining the quantum of fines and/or charges to be imposed, the
Commission shall consider, amongst other things, the following:
a) Non-compliance of Orders/Directives of the Commission
b) Wrongful gain or unfair advantage derived as a result of the non-compliance
or violation of the Act or Order/Directives of the
Commission
c) The loss or degree of harassment caused to any person(s) as a result
of such non-compliance or violation
d) The repetitive nature of the non-compliance or violation
e) Failure to furnish information to the Commission.
(2) Penalty shall be payable and the amount shall be deposited in the
same manner as provided under clause 4(2) and (3) of the Regulations.
| S.No. |
Nature of the Application
|
Fees (in Rupees)
|
| 01 |
Tariff-Determination under section 22(a) of the
ERC Act, 1998 to determine Retail tariff for electricity
|
5,00,000
|
| 02 |
For Review of Tariff Order by an Institution/ Organisation
/ Company (Limited, Private Limited, Partnership, Proprietorship)
|
25,000
|
| 03 |
For Review of Tariff Order by an Individual Consumer
|
1,000
|
| 04 |
Under Para 83 of the MERC (Conduct of Business)
Regulations, 2000 [charging Tariff different from the one approved
by the Commission]
|
1,000
|
| 05 |
Under Section 22(1)(c) of the ERC Act 1998 - Approval
of Power Purchase Agreement
|
|
|
(a) Conventional fuel based (coal, oil etc) Plant
|
10,00,000 for installed capacity upto 100 MW.2,500
for each additional MW or part thereof installed capacity
|
|
(b) Non-conventional & Renewable Sources of
Energy
|
5,00,000 for installed capacity upto 100 MW2,500
for each additional MW or part thereof installed capacity
|
| 06 |
Application for Review of Order passed on application
for approval of power purchase agreements or procurement rate.
|
50,000
|
| 07 |
Under Section 22(2)(n) of the ERC Act 1998 - Adjudication
between licensees and utilities.
|
Fees may be specified on case to case basis depending
on the extent of work involved, subject to a minimum of Rs.5 lakhs
|
| 08 |
Application for Review of Order passed under section
22(2)(n) of the ERC Act 1998
|
1,00,000
|
| 09 |
For Review or for correction of any order on account
of typographical or clerical error or mistake
|
100
|
| 10 |
Application for inspection of Orders/Records of
the Commission
|
100 per day or part thereof
|
| 11 |
Supply of copies of documents / order of the Commission
|
2 per page
|
| 12 |
Complaint against the working of a Utility by the
end user / consumer
|
50
|
| 13 |
Fines / penalties for non-compliance or violation
of the Act, or Orders/Directives passed by the Commission.
|
May be levied upto Rs.50,000 and additionally
a daily fine upto Rs.1000 for continuing non-compliance or violation.
|
| 14 |
Miscellaneous applications i.e. application not
covered by any other listed category
|
100
|
| Place: Mumbai |
AMITABH RAJAN, IAS |
| Dated 19th April 2001 |
Secretary |
|
|