Section 48 of The Energy Conservation Act, 2001 in hindi
- (1)Where a company makes a default in complying with the provisions of clause (c) or clause (d) or clause (h) or clause (i) or clause (k) or clause (l) or clause (n) or clause (r) or clause (s) of section 14 or clause (b) or clause (c) or clause (h) of section 15, every person who at the time of such contravention 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 have acted in contravention of the said provisions and shall be liable to be proceeded against and imposed penalty under section 26 accordingly: Provided that nothing contained in this sub-section shall render any such person liable for penalty provided in this Act if he proves that the contravention of the aforesaid provisions was committed without his knowledge or that he exercised all due diligence to prevent the contravention of the aforesaid provision.
- (2)Notwithstanding anything contained in sub-section (1), where any contravention of the provisions of clause (c) or clause (d) or clause (h) or clause (i) or clause (k) or clause (l) or clause (n) or clause (r) or clause (s) of section 14 or clause (b) or clause (c) or clause (h) of section 15 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 have contravened the said provisions and shall be liable to be proceeded for imposition of penalty accordingly. Explanation.--For the purposes of this section, "company" means a body corporate and includes a firm or other association of individuals.
Summary
- This rule holds both a company and its responsible individuals liable if the company breaks specific energy conservation rules.
- Anyone in charge of the business at the time of the violation is automatically considered guilty and can face penalties alongside the company.
- A person in charge can avoid punishment if they prove the rule-breaking happened without their knowledge or that they tried their best to prevent it.
- Directors, managers, secretaries, or other officers are also personally liable if the violation occurred with their consent, involvement, or neglect.
- In this context, a company includes corporate bodies, firms, or other groups of individuals.
Practical examples
FAQ
1. Who is punished when a company breaks the law under Section 48 of The Energy Conservation Act, 2001?
Under Section 48 of the Act, both the company itself and every person in charge of its business at the time of the default are deemed guilty and liable for penalties.
2. How can a manager avoid personal liability under Section 48 of the energy efficiency law?
A manager can avoid liability under Section 48 of The Energy Conservation Act, 2001 by proving the violation happened without their knowledge or that they exercised all due diligence to prevent it.
3. Are partners in a firm treated like company directors under Section 48 of The Energy Conservation Act, 2001?
Yes, Section 48 of the Act defines a company to include a firm or other association of individuals, meaning partners in charge can be held liable just like corporate directors.
4. Does Section 48 of The Energy Conservation Act, 2001 apply if a director simply neglected their duties?
Yes, Section 48 of the energy law states that if a violation is attributable to any neglect on the part of a director or officer, they shall be deemed to have contravened the provisions.
Test yourself
Q1.According to Section 48 of The Energy Conservation Act, 2001, what defense can a person in charge use to escape penalty when their company defaults?
Q2.Under Section 48 of the energy conservation law, if a violation occurs with the active connivance of the company secretary, who is held liable?
Q3.How does Section 48 of The Energy Conservation Act, 2001 define a "company" for the purpose of penalties?
Q4.Under Section 48 of The Energy Conservation Act, 2001, which specific section's penalties are applied to the company and its responsible persons upon default?