40. Whoever, in
contravention of the provisions of this Act or the regulations framed under this Act or of
the provisions of the Indian Electricity Act, 1910 or the Electricity (Supply) Act, 1948
or the rules framed under the said Acts, engages in the business of transmission or supply
or use of energy, shall be punishable with imprisonment which may extend to six months or
with penalty by way of fine which may extend to rupees one lakh, or both' and a further
penalty which may extend to rupees six thousand for each day after the first during which
the offense continues.
9 of 1910
54 of 1948
Penalties for
contravention of other provisions.
41. If any
licensee or other person refuses or fails without reasonable excuse to comply with, or
give effect to, any direction, order or requirement made under any of the provisions of
this Act, he shall be punishable with imprisonment which may extend to three months or
with penalty by way of fine which may extend to rupees one lakh. or both. and a further
penalty which may extend to rupees four thousand for each day after the first during which
the offence continues.
Offences by
companies.
42.(1) Where
an offence under this Act has been committed by a company, every person who, at the time
the offence was committed was in charge of, and was responsible to, the company for the
conduct of the business of the company, as well as the company, shall be deemed to be
guilty of the offence and shall be liable to be proceeded against and punished
accordingly:
Provided that nothing contained in this
sub-section shall render any such person liable to any punishment if he proves that the
offence was committed without his knowledge or that be had exercised all due diligence to
prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by
a company and it is proved that the offence has been committed with the consent or
connivance of, or is attributable to, any neglect on the part of, any director, manager,
secretary or other officer of the company, such director, manager, secretary or other
officer shall also be deemed to be guilty of that offence and shall be liable to be
proceeded against and punished accordingly.
Explanation: For the purposes of this section ,
"company" means a body corporate and
includes a firm or other association of individuals; and
"director" in relation to a firm. means
a partner in the firm.
Power to
compound offences.
43. The Commission may for
reasons to be recorded in writing, either before or after the institution of proceedings,
compound any offence relating, to contravention of any order made by it.
Cognizance of
offences.
44 ( 1 ) No Court shall take
cognizance of any offence punishable under this Act except upon a complaint in writing
made by an officer of the Commission generally or specially authorised in this behalf by
the Commission' and no Court inferior to that of a Metropolitan Magistrate or a Judicial
Magistrate of the First Class shall try any such offence
(2) Notwithstanding anything contained in the
Code of Criminal Procedure, 1973, a Magistrate may, if he sees reason so to do, dispense
with the personal attendance of the officer of the Commission filing the complaint.
2 of 1974
Penalties and
proceedings not to prejudice other actions.
45. The proceedings and actions
under this Act against a person contravening the provisions of this Act or orders passed
by the Commission shall be in addition to and without prejudice to actions that may be
initiated under other Acts including under the Indian Electricity Act, 1910 and the
Electricity (Supply) Act, 1948.