Any person aggrieved by any decision or order of the Appellate Tribunal, may, file an appeal to the Supreme Court within sixty days from the date of communication of the decision or order of the Appellate Tribunal, to him, on any one or more of the grounds specified in section 100 of the Code of Civil Procedure, 1908 (5 of 1908):

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Provided that the Supreme 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 sixty days.

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(1) The Central Government shall, from time to time, prepare the National Electricity Policy and tariff policy, in consultation with the State Governments and the Authority for development of the power system based on optimal utilisation of resources such as coal, natural gas, nuclear substances or materials, hydro and renewable sources of energy.

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(2) The Central Government shall publish National Electricity Policy and tariff policy from time to time.

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(3) The Central Government may, from time to time, in consultation with the State Governments and the Authority, review or revise, the National Electricity Policy and tariff policy referred to in sub-section (1).

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(4) The Authority shall prepare a National Electricity Plan in accordance with the National Electricity Policy and notify such plan once in five years:

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Provided that the Authority while preparing the National Electricity Plan shall publish the draft National Electricity Plan and invite suggestions and objections thereon from licensees, generating companies and the public within such time as may be prescribed:

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Provided further that the Authority shall-

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(a) notify the plan after obtaining the approval of the Central Government;

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(b) revise the plan incorporating therein the directions, if any, given by the Central Government while granting approval under clause (a).

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(5) The Authority may review or revise the National Electricity Plan in accordance with the National Electricity Policy.

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The Central Government shall, by notification, establish an Appellate Tribunal to be known as the Appellate Tribunal for Electricity to hear appeals against the orders of the adjudicating officer or the Appropriate Commission ¹ [under this Act or any other law for the time being in force].

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(1) Any person aggrieved by an order made by an adjudicating officer under this Act (except under section 127) or an order made by the Appropriate Commission under this Act may prefer an appeal to the Appellate Tribunal for Electricity:

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Provided that any person appealing against the order of the adjudicating officer levying any penalty shall, while filing the appeal, deposit the amount of such penalty:

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Provided further that where in any particular case, the Appellate Tribunal is of the opinion that the deposit of such penalty would cause undue hardship to such person, it may dispense with such deposit subject to such conditions as it may deem fit to impose so as to safeguard the realisation of penalty.

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(2) Every appeal under sub-section (1) shall be filed within a period of forty-five days from the date on which a copy of the order made by the adjudicating officer or the Appropriate Commission is received by the aggrieved person and it shall be in such form, verified in such manner and be accompanied by such fee as may be prescribed:

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Provided that the Appellate Tribunal may entertain an appeal after the expiry of the said period of forty-five days if it is satisfied that there was sufficient cause for not filing it within that period.

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(3) On receipt of an appeal under sub-section (1), the Appellate Tribunal may, after giving the parties to the appeal an opportunity of being heard, pass such orders thereon as it thinks fit, confirming, modifying or setting aside the order appealed against.

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(4) The Appellate Tribunal shall send a copy of every order made by it to the parties to the appeal and to the concerned adjudicating officer or the Appropriate Commission, as the case may be.

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(5) The appeal filed before the Appellate Tribunal under sub-section (1) shall be dealt with by it as expeditiously as possible and endeavour shall be made by it to dispose of the appeal finally within one hundred and eighty days from the date of receipt of the appeal:

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Provided that where any appeal could not be disposed of within the said period of one hundred and eighty days, the Appellate Tribunal shall record its reasons in writing for not disposing of the appeal within the said period.

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(6) The Appellate Tribunal may, for the purpose of examining the legality, propriety or correctness of any order made by the adjudicating officer or the Appropriate Commission under this Act, as the case may be, in relation to any proceeding, on its own motion or otherwise, call for the records of such proceedings and make such order in the case as it thinks fit.

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(1) A person shall not be qualified for appointment as the Chairperson of the Appellate Tribunal or a Member of the Appellate Tribunal unless he--

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(a) in the case of the Chairperson of the Appellate Tribunal, is, or has been, a judge of the Supreme Court or the Chief Justice of a High Court; and

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(b) in the case of a Member of the Appellate Tribunal,--

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(i) is, or has been, or is qualified to be, a Judge of a High Court; or

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(ii) is, or has been, a Secretary for at least one year in the Ministry or Department of the Central Government dealing with economic affairs or matters or infrastructure; or

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(iii) is, or has been, a person of ability and standing, having adequate knowledge or

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experience in dealing with the matters relating to electricity generation, transmission and distribution and regulation or economics, commerce, law or management.

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(2) The Chairperson of the Appellate Tribunal shall be appointed by the Central Government after consultation with the Chief Justice of India.

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(3) The Members of the Appellate Tribunal shall be appointed by the Central Government on the recommendation of the Selection Committee referred to in section 78.

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(4) Before appointing any person for appointment as Chairperson or other Member of the Appellate Tribunal, the Central Government shall satisfy itself that such person does not have any financial or other interest which is likely to affect prejudicially his functions as such Chairperson or Member.

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¹ [121. Power of Appellate Tribunal.–The Appellate Tribunal may, after hearing the Appropriate Commission or other interested party, if any, from time to time, issue such orders, instructions or directions as it may deem fit, to any Appropriate Commission for the performance of its statutory functions under this Act.]

(1) The Central Government may, by notification, make rules for carrying out the provisions of this Act.

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(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:--

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(a) the time within which the objection and suggestions on the draft National Electricity Plan to be invited by the Authority under the proviso to sub-section (4) of section 3;

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(b) the additional requirements ¹ [relating to the capital adequacy, creditworthiness or code of conduct] under sixth proviso to section 14;

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(c) the payment of fees for application for grant of licence under sub-section (1) of section 15;

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(d) the constitution and functions of the National Load Despatch Centre under sub-section (2) of section 26;

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(e) the works of licensees affecting the property of owner or occupier under sub-section (2) of section 67;

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(f) such other cases which may be prescribed under clause (c) of sub-section (2) of section 68;

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(g) allowances and fees payable to others Members for attending the meetings of Authority under sub-section (14) of section 70.

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(h) other terms and conditions of service of the Chairperson and Members of the Authority under sub-section (15) of section 70;

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(i) the functions and duties of the Central Electricity Authority under section 73;

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(j) the salary, allowances and other conditions of service of Chairperson and Member of Central Commission under sub-section (2) of section 89;

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(k) the form and manner in which and the authority before whom oath of office and secrecy should be subscribed under sub-section (3) of section 89;

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(l) the procedure to be prescribed by the Central Government under the proviso to sub-section (2) of section 90;

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(m) any other matter required to be prescribed under clause (g) of sub-section (1) of section 94;

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(n) the form in which the Central Commission shall prepare its annual statement of accounts under sub-section (1) of section 100;

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(o) the form in which and time at which the Central Commission shall prepare its annual report under sub-section (1) of section 101;

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(p) the form in which and time at which the Central Commission shall prepare its budget under section 106;

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(q) the form and the manner of verifying such form, and fee for filing appeal under sub-section (2) of section 111;

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(r) the salary and allowances payable to and the other terms and conditions of service of the Chairperson of the Appellate Tribunal and Members of the Appellate Tribunal under section 115;

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(s) the salary and allowances and other conditions of service of the officers and employees of the Appellate Tribunal under sub-section (3) of section 119;

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(t) the additional matters in respect of which the Appellate Tribunal may exercise the powers of a civil court under clause (i) of sub-section (2) of section 120;

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(u) the authority to whom the appeal shall be filed under sub-section (1) of section 127;

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(v) manner of holding inquiry by an adjudicating officer under sub-section (1) of section 143;

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(w) the form in which and the time at which service of notices to any person or to the Central Government for the purpose under sub-section (1) of section 161;

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(x) the powers to be exercised and the functions to be performed by the Inspectors under sub-section (1) of section 162;

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(y) the manner of delivery of every notice, order or document to be served under sub-section (1) of section 171;

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(z) any other matter which is required to be, or may be, prescribed.

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