| CHAPTER
IX
APPELLATE TRIBUNAL FOR ENERGY CONSERVATION |
| Establishment of Appellate
Tribunal |
30 |
The Central Government
shall, by notification, establish an Appellate Tribunal
to be known as the Appellate Tribunal for Energy Conservation
to hear appeals against the orders of the adjudicating
officer or the Central Government or the State Government
or any other authority under this Act. |
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| Appeal to Appellate Tribunal |
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(1) Any person aggrieved, by an order
made by an adjudicating officer or the Central Government
or the State Government or any other authority under
this Act, may prefer an appeal to the Appellate Tribunal
for Energy Conservation:
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:
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, the Appellate Tribunal 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 Central Government
or the State Government or any other authority is
received by the aggrieved person and it shall be in
such form, verified in such manner and be accompanies
by such fee as may be prescribed:
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 Central Government or the State Government
or any other authority. |
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(5) The appeal filed before the Appellate
Tribunal under sub-section (l) 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:
Provided that where an 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 Central Government or the State Government
or any other authority 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) The Appellate Tribunal shall
consist of a Chairperson and such number of Members
not exceeding four, as the Central Government may
deem fit. |
Composition of Appellate Tribunal
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(2) Subject to the provisions of
this Act, - |
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(a) the jurisdiction of the Appellate
Tribunal maybe exercised by Benches thereof; |
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(b) a Bench may be constituted by
the Chairperson of the Appellate Tribunal with two
or more Members of the Appellate Tribunal as the Chairperson
of the Appellate Tribunal may deem fit:
Provided that every Bench constituted under this clause
shall include at least one Judicial Member and one
Technical Member; |
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(c) The Benches of the Appellate
Tribunal shall ordinarily sit at Delhi and such other
places as the Central Government may, in consultation
with the Chairperson of the Appellate Tribunal, notify; |
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(d) The Central Government shall
notify the areas in relation to which each Bench of
the Appellate Tribunal may exercise jurisdiction, |
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(3) Notwithstanding anything
contained in sub-section (2), the Chairperson of
the Appellate Tribunal may transfer a Member of
the Appellate Tribunal from one Bench to another
Bench
Explanation –For the purposes of
this Chapter, – |
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(i) “Judicial Member” means a Member
of the Appellate Tribunal appointed as such under
item (i) or item (ii) or clause (b) of sub-section
(1) of section 33, and includes the Chairperson of
the Appellate Tribunal; |
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(ii) “Technical Member” means a Member
of the Appellate Tribunal appointed as such under
item (iii) or item (iv) or item (v) or item (vi) of
clause (b) of sub-section (l) of section 33 |
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33 |
(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 - |
Qualifications for appointment
of Chairperson and Members of Appellate Tribunal |
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(a) in the case of
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 Member of
the Indian Legal Service and has held a post in Grade
I in that service for atleast three years; or |
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(iii) is, or has been, a Secretary
for at least one year in Ministry or Department or
the Central Government dealing with the Power, or
Coal, or Petroleum and Natural Gas, or Atomic Energy;
or |
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(iv) is, or has been Chairman of
the Central Electricity Authority for at least one
year; or |
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(v) is, or has been, Director-General
of Bureau or Director-General of the Central Power
Research Institute or Bureau of Indian Standards for
atleast three years or has held any equivalent post
for atleast three years; or |
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(vi) is, or has been, a qualified
technical person of ability and standing having adequate
knowledge and experience in dealing with the matters
relating to energy production and supply, energy management,
standardisation and efficient use of energy and its
conservation, and has shown capacity in dealing with
problems relating to engineering, finance, commerce,
economics, law or management |
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| Term of office |
34 |
The Chairperson of the Appellate
Tribunal and every Member of the Appellate Tribunal
shall hold office as such for a term of five years
from the date on which he enters upon his office:
Provided that no Chairperson of
the Appellate Tribunal or Member of the Appellate
Tribunal shall hold office as such after he has
attained, –
(a) in the case of the Chairperson of the Appellate
Tribunal, the age of seventy years;
(b) in the case of any Member of the Appellate Tribunal,
the age of sixty-five years. |
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| Terms and conditions of service |
35 |
The salary and allowances payable
to and the other terms and conditions of service
of the Chairperson of the Appellate Tribunal, Members
of the Appellate Tribunal shall be such as may be
prescribed:
Provided that neither the salary
and allowances nor the other terms and conditions
of service of the Chairperson of the Appellate Tribunal
or a Member of the Appellate Tribunal shall be varied
to his disadvantage after appointment |
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| Vacancies |
36 |
If for reason other than temporary
absence any vacancy occurs in the office of the Chairperson
of the Appellate Tribunal or the Member of the Appellate
Tribunal, the Central Government shall appoint another
person in accordance with the provisions of this Act
to fill the vacancy and the proceedings may be continued
before the Appellate Tribunal from the stage at which
the vacancy is filled. |
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| Registration and removal |
37 |
(1) The Chairperson or a Member of
the Appellate Tribunal may, by notice in writing under
his hand addressed to the Central Government, resign
his office:Provided that the Chairperson of the Appellate
Tribunal or a Member of the Appellate Tribunal shall,
unless he is permitted by the Central Government to
relinquish his office sooner, continue to hold office
until the expiry of three months from the date of
receipt of such notice or until a person duly appointed
as his successor enters upon his office or until the
expiry of term of office, whichever is the earliest. |
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(2) The Chairperson of the Appellate
Tribunal or a Member of the Appellate Tribunal shall
not be removed from his office except by an order
by the Central Government on the ground of proved
misbehaviour or incapacity after an inquiry made by
such persons as the President may appoint for this
purpose in which the Chairperson or a Member of the
Appellate Tribunal concerned has been informed of
the charges against him and given a reasonable opportunity
of being heard in respect of such charges. |
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(1) In the event of the occurrence
of vacancy in the office of the Chairperson of the
Appellate Tribunal by reason of his death, resignation
or otherwise, the senior-most member of the Appellate
Tribunal shall act as the Chairperson of the Appellate
Tribunal until the date on which a new Chairperson
appointed in accordance with the provisions of this
Act to fill such vacancy enters upon his office. |
Member to act as Chairperson in certain
circumstances |
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(2) When the Chairperson of the Appellate
Tribunal is unable to discharge his functions owing
to his absence, illness or any other cause, the senior
most Member of the Appellate Tribunal shall discharge
the functions of the Chairperson of the Appellate
Tribunal until the date on which the Chairperson of
the Appellate Tribunal resumes his duties. |
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(1) The Central Government shall
provide the Appellate Tribunal with such officers
and employees as it may deem fit. |
Staff of Appellate Tribunal |
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(2) The officers and employees of
the Appellate Tribunal shall discharge their functions
under the general superintendence of the Chairperson
of the Appellate Tribunal as the case may be. |
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(3) The salaries and allowances and
other conditions of service of the officers and employees
of the Appellate Tribunal shall be such as may be
prescribed. |
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| 5 of 1908 |
40 |
(1) The Appellate Tribunal shall
not be bound by the procedure laid down by the Code
of civil Procedure, 1908 but shall be guided by the
principles of natural justice and subject to the other
provisions of this Act, the Appellate Tribunal shall
have powers to regulate it own procedure. |
Procedure and powers of Appellate
Tribunal |
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(2) The Appellate
Tribunal shall have, for the purposes of discharging
its functions under this Act, the same powers as are
vested in the civil court under the Code of Civil
Procedure 1908, while trying to suit in respect of
the following matters, namely:- |
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(a) summoning and enforcing the attendance
of any person and examining him on oath |
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(b) requiring the discovery and production
of documents; |
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(c) receiving evidence of affidavits; |
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| 1 of 1872 |
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(d) subject to the provisions of
section 123 and 124 of the Indian Evidence Act, 1872,
requisitioning any public record or document or copy
of such record or document from any office |
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(e) issuing commissions for the examination
of witnesses or documents; |
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(f) reviewing its decisions; |
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(g) dismissing a representation of
default or deciding it, ex parte; |
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(h) setting aside any order of dismissal
or any representation for default or any order passed
by it, ex parte; |
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(i) any other matter which may be
prescribed by the Central Government. |
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(3) An order made by the Appellate
Tribunal under this Act shall be executable by the
Appellate Tribunal as a decree of civil court and,
for this purpose, the Appellate Tribunal shall have
all the powers of a civil court. |
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(4) Not withstanding anything contained
in sub-section (3), the Appellate Tribunal may transmit
any order made by it to a civil court having local
jurisdiction and such civil court shall execute the
order as if it were a decree made by the that court. |
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45 of 1860
2 of 1974 |
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(5) All proceedings before the Appellate
Tribunal shall be deemed to be judicial proceedings
within the meaning of sections 193 and 228 of the
Indian Penal Code and the Appellate Tribunal shall
be deemed to be civil court for the purposes of section
345 and 346 of the Code of Criminal Procedure, 1973. |
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| Distribution of business amongst
Benches. |
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Where Benches are constituted, the
Chairperson of the Appellate Tribunal may, from time
to time, by notification, make provisions as to the
distribution of the business of the Appellate Tribunal
amongst the Benches and also provide for the matters
which may be dealt with by each Bench |
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| Power of Chairpersont to transfer
cases |
42 |
On the application of any of the
parties and after notice to the parties, and after
hearing such of them as he may desire to be heard,
or on his own motion without such notice, the Chairperson
of the Appellate Tribunal may transfer any case pending
before one Bench for disposal, to any other Bench.
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| Decision to be by majority |
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If the Members of the Appellate Tribunal
of a Bench consisting of two Members differ in opinion
on any point, they shall state the point or points
on which they differ, and make a reference to the
Chairperson of the Appellate Tribunal who shall either
hear the point or points himself or refer the case
for hearing on such point or points by one or more
of the other Members of the Appellate Tribunal and
such point or points shall be decided according to
the opinion of the majority of the Members of the
Appellate Tribunal who have heard the case, including
those who first heard it. |
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| Right to appellant to
take assistance of legal practitioner or accredited
auditor and of Government to appoint presenting officers |
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(1) A person preferring an appeal
to the Appellate Tribunal under this Act may either
appear in person or take assistance of a legal practitioner
or an accredited energy auditor of his choice to present
his case before the Appellate Tribunal, as the case
may be. |
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(2) The Central Government
or the State Government may authorise one or more
legal practitioners or any of its officers to act
as presenting officers and every person so authorised
may present the case with respect to any appeal before
the Appellate Tribunal as the case may be. |
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| Appeal to Supreme Court |
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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 ground specified in section 100 of the
Code of Civil Procedure, 1908:
Provided that the Supreme Court
may, if it is satisfied that the appellant was prevented
by the sufficient cause from the filing the appeal
within the said period, allow it to be filed within
a further period of not exceeding sixty days. |
5 of 1908 |
