(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 other than that of a Metropolitan Magistrate or a Judicial Magistrate of First Class or a Court superior thereto shall try any such offence.
(2) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974) the Court may, if he sees reason so to do, dispense with the personal attendance of the officer of the Commission filing the complaint.
45. The proceedings and actions under this Act against a person contravening the provisions of the 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 and in particular under the Indian Electricity Act, 1910 and the Electricity (Supply) Act, 1948.
Offences by Companies.
Power to compound offences.
Cognizance of offences.
Penalties and Proceedings not to prejudice other actions.
ELECTRICITY REFORM1998 : Hr. Act 10] 114
PART XIII MISCELLANEOUS
46. The Commission shall be entitled to recover all sums due to it under this Act, whether by way of licence, fees or fines and charges, in accordance with the provisions of the Haryana Govt. Electrical Undertaking (Dues Recovery) Act, 1970, as if any such sum were a public demand as defined in that Act and hand over the amount due to the person or authority concerned.
47. The Commission or Court imposing the fine and charges under this Act may direct that the whole or any part thereof shall be applied in or towards payment of the costs of the proceedings.
48. The licensee, Generating Companies and others on whom the fines, charges, penalties etc. are imposed under this Act shall not, directly or indirectly, pass the same to the consumers in the form of tariff or charges payable.
49. No suit or legal proceedings shall lie against the Commission or the Chairman or other members of the Commission or the staff or representatives of the Commission in respect of anything which is in good faith done or intended to be done under this Act or any rule or regulations or order made thereunder.
50. No order or proposal made under this Act or rules or regulations framed under the Act shall be appealable except as provided in the Act and no Civil Court including under the Arbitration & Conciliation Act, 1996 shall have jurisdiction in respect of any matter which the Commission or the Appellate Authority under the Act is empowered by or under this Act.