(1) Notwithstanding anything contained in the Arbitration and Conciliation Act, 1996 (No. 26 of 1996), any dispute arising between licensees or in respect of matters provided under section 33 shall be referred to the Commission.
The Commission may proceed to act as arbitrator or nominate 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 such as may be prescribed by regulations.
(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;
Arbitration by the Commission.
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(b) set aside or modify the award; or
(c) remit the award for reconsideration by the arbitrator.
(3) The award given by the Commission under 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 appealable 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.
38. Notwithstanding the provisions of section 36(2), 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 thereunder, an appeal shall lie from the decision of an Electrical Inspector (other than an Inspector of the Central Government or the Central Electricity Authority) to the Commission or to an arbitrator to be appointed by the Commission in terms of section 37.
39. A person aggrieved by any decision or order of the Commission passed under this Act may file an appeal to the High Court of Punjab and Haryana within 90 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 60 days.
PART XII OFFENCES AND PENALTIES
40. 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, engages in the business of transmission or supply or use of energy, shall be punishable with imprisonment which may extend to 2 years or with penalty by way of fine which may extend to Rs. 1,00,000 (one lakh) or both and a further penalty which may extend to Rs. 6,000 (six thousand) for each day after the first during which the offence continues.
41. 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 2 years or with penalty by way of fine which may extend to Rs. 1,00,000 (one lakh) or both and a further penalty which may extend to Rs. 4,000 (four thousand) for each day after the first during which the offence continues.
Appeals from decisions of Electrical Inspector.
Appeals against the orders of the Commission.
Penalty for contravention of section 14.
Penalties for contravention of other provisions.
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