Electricity Act • Official Statutory Text & Practice Guide
Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 2003
Section 129 of Electricity Act: Electricity Supply & Regulatory Procedure
Official Bare Act Text
Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary
(1)Where the Appropriate Commission, on the basis of material in its possession, is satisfied that a licensee is contravening, or is likely to contravene, any of the conditions mentioned in his licence or conditions for grant of exemption or the licensee or the generating company has contravened or is likely to contravene any of the provisions of this Act, it shall, by an order, give such directions as may be necessary for the purpose of securing compliance with that condition or provision.
Section 129 of the Act empowers the Appropriate Commission to issue binding enforcement orders for securing compliance where a licensee or generating company is contravening or is likely to contravene any statutory requirement, rule, or license condition.
Summary Statutory Injunctive Authority: Authorizes the Commission to pass binding interim and final orders directing utilities to cease and desist from non-compliant conduct.
Mandatory Notice & Explanation Opportunity: Requires the Commission to serve a formal notice detailing the contravention and grant an opportunity to make representations before passing a compliance order.
Enforceability as Civil Court Decrees: Renders compliance orders binding and enforceable under penal sanctions under Section 142 and Section 146.
Key Landmark Precedents:
Brihanmumbai Electric Supply v. MERC (2013) 4 SCC 71: Supreme Court affirmed that Section 129 empowers the Commission to issue mandatory compliance orders directing licensees to release consumer connections without delay.
PTC India Ltd. v. CERC (2010) 4 SCC 603: Affirmed that enforcement orders under Section 129 are vital instruments for maintaining market discipline.
Tata Power Co. Ltd. v. Reliance Energy Ltd. (2009) 16 SCC 659: Affirmed that compliance orders are subject to appellate review before APTEL under Section 111.
Courtroom Practice & Strategic Litigation Guidance:
If a distribution licensee unlawfully refuses to energize open-access infrastructure despite having received approval, file an emergency enforcement petition under Section 129 before the State Commission seeking a mandatory compliance direction.
Legal Commentary & Landmark Judgments: Section 129
Section 129 of the Act empowers the Appropriate Commission to issue binding enforcement orders for securing compliance where a licensee or generating company is contravening or is likely to contravene any statutory requirement, rule, or license condition.
If a distribution licensee unlawfully refuses to energize open-access infrastructure despite having received approval, file an emergency enforcement petition under Section 129 before the State Commission seeking a mandatory compliance direction.