(1) Any dispute arising between licensees or in respect of matters provided under section 36 shall be referred to the Commission. The Commission may proceed to act as arbitrator ornominate arbitrator (s) to adjudicate and settle such dispute. The practice or procedure to be followed in connection with any such adjudication and settlement shall be the same as laid down in the Arbitration and Conciliation Act,
1996.
(2) Where the award is made by the arbitrator appointed by the Commission it shall be filed before the Commission and the Commission shall be entitled to pass appropriate orders on the award including orders to-
(a) Confirm and enforce the award; or
(b) Set aside the award;
(3) The award given by the Commission under the sub-section (1) or the order passed by the Commission under sub-section (2) shall be a decision or order of the Commission and shall be open to an appeal as provided in this Act.
(4) An award made or an order passed by the Commission under sub-section (2) shall be enforceable as if it were a decree of the Civil Court.
41. Notwithstanding the provisions of sub-section (2) of section 36 of the Indian Electricity Act, 1910 in the absence of any express provision to the contrary in the Indian Electricity Act, 1910 or the Electricity (Supply) Act, 1948 or any rule made there under, an appeal shall lie from the decision of the Electrical Inspector (other than an Inspector of the Central Government, Central Electricity Authority or the Central Electricity Regulatory Commission) to the Commission or to an arbitrator to be appointed by the Commission in terms of section 40.
42. A person aggrieved by any decision or order of the Commission passed under this Act may file an appeal to the High Court of Delhi within ninety days from the date of communication of the decision or order of the Commission to him, on questions of law arising out of such order.
Provided that the High Court may, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal within the said period, allow it to be filed within a further period not exceeding sixty days.
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PART -XI OFFENCES AND PENALTIES
43. Whoever in contravention of the provision 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 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.
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 Act, 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.
45 (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 as 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.
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.