Page:Electricity Act 2001.pdf/79

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80
NO. 10 OF 2001


shall have jurisdiction to try any offence under this Act and to impose the full penalty or punishment in respect of any such offence.

Offences by body corporate

91. Where an offence under this Act has been committed by a company, firm, society or other body of persons, any person who, at the time of the commission of the offence, was a director, manager, secretary or other similar officer or a partner of the company, firm, society or other body of persons or was purporting to act in any such capacity, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly unless he proves that—

(a) the offence was committed without his consent or connivance; and
(b) he had exercised all such due diligence to prevent the commission of the offence as he ought to have exercised,

having regard to the nature of his functions in that capacity and to all the circumstances.

General penalties

92. Any person guilty of an offence under this Act for which no penalty is expressly provided shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both and, in the case of a continuing offence, to a further fine not exceeding $250 for every day or part thereof during which the offence continues after conviction.

Composition of offences

93.—(1) The Authority may, in its discretion, compound any offence under this Act which is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum not exceeding $3,000.

(2) The Authority may, with the approval of the Minister, make regulations to prescribe the offences which may be compounded.

(3) All sums collected under this section shall be paid to the Authority.