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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 |
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