3
[30. Appellate Tribunal.—The Appellate Tribunal established under section 110 of the Electricity
Act, 2003 (36 of 2003) shall, without prejudice to the provisions of the Electricity Act, 2003, be the
Appellate Tribunal for the purposes of this Act and hear appeals against the orders of the adjudicating
officer or the Central Government or the State Government or any other authority under this Act.]
1. Ins. by Act 19 of 2022, s. 13 (w.e.f. 1-1-2023).
2. Ins. by s. 14, ibid. (w.e.f. 1-1-2023).
3. Subs. by Act 28 of 2010, s. 9, for section 30 (w.e.f. 24-8-2010).
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31. Appeal to Appellate Tribunal.—(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.
(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 accompanied 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.
(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.
(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.
(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:
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.
(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.
1
[31A. Procedure and powers of Appellate Tribunal.—The provisions of sections 120 to 123 (both
inclusive) of the Electricity Act, 2003 (36 of 2003) shall, mutatis mutandis, apply to the Appellate
Tribunal in the discharge of its functions under this Act as they apply to it in the discharge of its function
under the Electricity Act, 2003.]
32. Composition of Appellate Tribunal. [Omitted by the Energy Conservation (Amendment) Act, 2010
(28 of 2010), s.11 (w.e.f. 24-8-2010)].
33. Qualifications for appointment of Chairperson and Members of Appellate Tribunal. [Omitted by
s. 11, ibid. (w.e.f. 24-8-2010)].
34. Term of office. [Omitted by s.11, ibid. (w.e.f. 24-8-2010)].
35. Terms and conditions of service. [Omitted by s.11, ibid. (w.e.f. 24-8-2010)].
36. Vacancies. [Omitted by s.11, ibid. (w.e.f. 24-8-2010)].
37. Resignation and removal. [Omitted by s.11, ibid. (w.e.f. 24-8-2010)].
38. Member to act as Chairperson in certain circumstances. [Omitted by s.11, ibid.
(w.e.f. 24-8-2010)].
39. Staff of Appellate Tribunal. [Omitted by s.11, ibid. (w.e.f. 24-8-2010)].
40. Procedure and powers of Appellate Tribunal. [Omitted by s.11, ibid. (w.e.f. 24-8-2010)].
1. Ins. by Act 28 of 2010, s. 10 (w.e.f. 24-8-2010).
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41. Distribution of business amongst Benches. [Omitted by s.11, ibid. (w.e.f. 24-8-2010)].
42. Power of Chairperson to transfer cases. [Omitted by s.11, ibid. (w.e.f. 24-8-2010)].
43. Decision to be by majority. [Omitted by s.11, ibid. (w.e.f. 24-8-2010)].
44. Right of appellant to take assistance of legal practitioner or accredited auditor and of
Government to appoint presenting officers.—(1) A person preferring an appeal to the Appellate
Tribunal under this Act may either appear in person or take the 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.
(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.
45. Appeal to Supreme Court.—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):
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.