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1 THE HARYANA ELECTRICITY REFORM ACT, 1997 ... - HIPA

1 THE HARYANA ELECTRICITY REFORM ACT, 1997 ... - HIPA

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(c) remit the award for reconsideration by the arbitrator.(3) The award given by the Commission under subsection (1) or the orderpassed by the Commission under subsection (2) shall be a decision or order of theCommission 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.Appeals from decisionsof Electrical Inspectors.Appeals against theorders of theCommission.38. Notwithstanding the provisions of section 36 (2), Indian Electricity Act, 1910 inthe absence of any express provision to the contrary in the Indian Electricity Act, 1910or the Electricity (Supply) Act, 1948, or any rule made thereunder, an appeal shall liefrom the decision of an Electrical Inspector (other than an Inspector of the CentralGovernment or the Central Electricity Authority) to the Commission or to an arbitratorto be appointed by the Commission in terms of section 37.39. A person aggrieved by any decision or order of the Commission passed underthis Act may file an appeal to the High Court of Punjab & Haryana within 90 days fromthe date of communication of the decision or order of the Commission to him, onquestions of law arising out of such order.Provided that the High Court may, if it is satisfied that the appellant wasprevented by sufficient cause from filing the appeal within the said period, allow it tobe filed within a further period not exceeding 60 days.PART XIIOFFENCES AND PENALTIESPenalty forcontravention of sections14.Penalties forcontravention of otherprovisions.40. Whoever in contravention of the provisions of this Act or the regulationsframed under this Act or of the provisions of the Indian Electricity Act, 1910 or theElectricity (Supply) Act, 1948 or the rules framed under the said Acts, engages in thebusiness of transmission or supply or use of energy, shall be punishable withimprisonment which may extend to 2 years or with penalty by way of fine which mayextend 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 tocomply with or give effect to, any direction, order or requirement made under any ofthe provisions of this Act, he shall be punishable with imprisonment which may extendto 2 years or with penalty by way of fine which may extend to Rs. 1,00,000 (one lakh)or both and a further43

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