Chapter XII Chapter XII

Offence and Penalties

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, engage 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 offence continues.

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.

1. (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. (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,—
   • (a) "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.

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.

1. (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. (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.

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.