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PART -XI

OFFENCES AND PENALTIES
   

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Penalties for contravention of section 19.
(Central Act 9 of 1910) (Central Act 54 of 1948)
43.

Whoever in contravention of the provision of this Ordinance or the regulations framed under this Ordinance 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 three years or with penalty by way of fine which may extend to five lakh rupees, or with both and a further penalty which may extend to twenty thousand rupees for each day after the first during which the offence continues.

Penalties for contravention of other provisions. 44.

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 Ordinance, he shall be punishable with imprisonment which may extend to two years, or with penalty by way of fine which may extend to five lakh rupees, or with both and a further penalty which may extend to twenty thousand rupees for each day after the first during which the offence continues.

Offences by companies. 45. (1)

where an offence under this Ordinance 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 he had exercised all due diligence to prevent the commission of such offence.

(2)

Notwithstanding anything contained in sub-section(1), where as offence under this Ordinance 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, manage, 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 purpose of this section -

  1. "Company" means a body corporate and includes a firm or other association of individuals; and

  2. "director" in relation to a firm, means a partner in the firm.

Power to compound offences. 46.

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.
47. (1)

No Court shall take cognizance of any offence punishable under this Ordinance except upon a complaint in writing made by the Commission or by any other officer of the Commission generally or specially authorised by the Commission for the purpose and no court other than that of a Metropolitan Magistrate or a Court superior thereto shall try any such offence.

Central Act 2 of 1974 (2). Notwithstanding anything contained in the Code of Criminal procedure, 1973 (2 of 1974), the Court may, if it sees reason so to do, dispense with the personal attendance of the officer of the Commission filing the complaint.
Penalties and proceedings not to prejudice other actions.
(Central Act 9 of 1910)
(Central Act 54 of 1948)
48.

The proceedings and actions under this Ordinance against a person contravening the provisions of this Ordinance or orders passed by the Commission shall be in addition to and without prejudice to actions that may be initiated under other Acts including and in particular, under the Indian Electricity Act, 1910 and the Electricity(Supply) Act, 1948.
  

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[Preliminary]   [Delhi Electricity Regulatory Commission]   [Reorganisation of Electricity Industry]   [Miscellaneous]    [Tariffs]
[Advisory Committee, Consumer Counsultation, Etc.]   [Arbitration and Appeals]    [Powers of the Government]
[Licensing of Transmission and Supply]   [Accounts, Audit and Report of the Commission]   [Effect on Existing Central Legislation]
[Powers of Commission to Pass Orders and Enforce Decisions]    [Proceedings, Powers and Functions of the Commission]

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