(i) 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 provided in this Ordinance if he proves that the offence was committed without his knowledge or that he has exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (i), where an 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, manager, secretary or other officer shall also be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
Explanation.—For the purposes of this section,—
(a) "company" means any 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.
48. No court shall take cognizance of an offence punishable under this Ordinance except upon a complaint, in writing, made by the Commission or by any other officer duly authorised by the Commission for this purpose.
49. Nothing contained in this Ordinance or any rule or regulations made thereunder or any instrument having effect by virtue of this Ordinance, rule or regulations shall have effect in so far as it is inconsistent with any other provisions of the Consumer Protection Act, 1986 or the Atomic Energy Act, 1962.
50. The Central or the State Commission may, by general or special order in writing, delegate to any Members, officer of the Central or the State Commission or any other person subject to such conditions, if any, as may be specified in the order, such of its powers and functions under this Ordinance (except the power to settle disputes under Chapters III and V and the power to make regulations under sections 55 or 58) as it may deem necessary.
51. From such date as the Central Government may, by notification, in the Official 2 of 1974.
68 of 1986.
33 of 1962.
Power of seizure.
Offence by companies.
Cognizance of offences.
Inconsistency in laws.
Delegation.
Amendment 20 GAZETTE OF INDIA EXTRAORDINARY [PART I I — Gazette appoint, sub-section (2) of section 43A of the Electricity (Supply) Act, 1948 shall be omitted.
52. Save as otherwise provided in section 49, the provisions of this Ordinance shall have effect notwithstanding anything inconsistent therewith contained in any enactment other than this Ordinance.
53. The Central Government may give directions to a State Government as to the carrying out into execution of this Ordinance in the State.