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Section 130: Procedure for issuing directions by Appropriate Commission

Electricity Act • Official Statutory Text & Practice Guide

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Act 2003
Section 129 All 185 Sections of Electricity Act Section 131

Legal Commentary & Landmark Judgments: Section 130

Section 130 of the Act defines the procedure for issuing directions by the Appropriate Commission under Section 129, prescribing mandatory notice, public disclosure, and consideration of stakeholder representations.

  • Structured Due Process Safeguards: Mandates that the Commission shall serve written notice specifying the alleged statutory contravention and the proposed remedial direction.
  • Prescribed Representation Window: Requires the Commission to grant not less than thirty days to the affected licensee or entity to show cause why the direction should not be issued.
  • Requirement of Reasoned Decision-Making: Obligates the Commission to consider all representations and record clear, speaking reasons in its final compliance order.
Key Landmark Precedents:
  • Brihanmumbai Electric Supply v. MERC (2013) 4 SCC 71: Supreme Court affirmed that compliance procedures under Section 130 ensure procedural fairness and natural justice in regulatory enforcement.
  • PTC India Ltd. v. CERC (2010) 4 SCC 603: Affirmed that procedural rigor prevents arbitrary administrative enforcement against regulated entities.
  • Siemens Engineering & Manufacturing Co. v. Union of India (1976) 2 SCC 981: Affirmed that speaking orders are mandatory in quasi-judicial regulatory enforcement.
Courtroom Practice & Strategic Litigation Guidance:

Upon receiving a Section 130 show-cause notice, immediately file a comprehensive point-by-point reply supported by engineering diagrams and operational logs within thirty days to pre-empt adverse mandatory directions.

Section 129 All 185 Sections of Electricity Act Section 131