Section 129: Orders for securing compliance

Electricity Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 2003

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.

  • 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.