Chapter XI OFFENCES AND PENALTIES

Whoever carries on business of transmitting, distributing or supplying electricity in the State in contravention of sub-section (1) of section 19 shall on conviction be punishable with imprisonment which may extend to six months or with fine not exceeding five lakhs rupees or with both and in the case of a continuing offence with an additional fine not exceeding twenty thousand rupees for every day after the first, during which the offence continues.

Where a licensee or any other person fails without reasonable excuse, to comply with any order, direction or requisition lawfully made or given under any provision of this Act or any rule or regulation made thereunder, he shall on conviction be punishable with imprisonment which may extend to three months or with fine not exceeding two lakh rupees or with both and in the case of a continuing offence with an additional fine not exceeding ten thousand rupees for every day after the first, during which the offence continues.

(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 he 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 purpose of this section- (a) “company” means a body corporate and includes a firm or other association of individuals; and (b) “director” in relation to a firm, means a partner in the firm

(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, the offences under sections 53 and 54 shall be cognisable by the Metropolitan Magistrate or the Magistrate of the First Class and no such Magistrate shall take cognisance of the offence except on a complaint in writing made by an officer of the Commission generally or specially authorised in this behalf by it; (2) Notwithstanding anything contained in section 200 of the said Code, it shall not be necessary in respect of the offences referred to in sub-section (1), to examine the authorised officer of the Commission when the complaint is presented in writing.

(1) The Commission may, either before or after the institution of proceedings, for any offence punishable under section 53 or 54 accept from any person charged with such offence by way of composition of the offence a sum not exceeding (i) five lakh rupees, where the offence charged is under section 53, and (ii) two lakh rupees, where the offence charged is under section 54. (2) On payment of such sum as determined by the Commission under sub-section (1), the accused person if in custody shall be set at liberty and if proceedings shall have been instituted against the accused in any criminal court, the composition shall be held to amount to an acquittal and no further proceedings shall be taken against the accused person in respect of that offence.