PART - X

ARBITRATION AND APPEALS
  

Arbitration by the Commission
(Central Act 26 of 1996)
40 (1)

Any dispute arising between licensees or in respect of matters provided under section 36 shall be referred to the Commission. The Commission may proceed to act as arbitrator or nominate arbitrator(s) to adjudicate and settle such dispute. The practice or procedure to be followed in connection with any such adjudication and settlement shall be the same as laid down in the Arbitration and Conciliation Act, 1996.

(2)

Where the award is made by the arbitrator appointed by the Commission it shall be filed before the commission and the Commission shall be entitled to pass appropriate orders on the award including, orders to-

  1. Confirm and enforce the award;
  2. set aside the award;
(3)

The award given by the Commission under sub-section (1) or the order passed by the Commission under sub-section (2) shall be a decision or order of the Commission and shall be open to an appeal as provided in this Ordinance.

(4)

An award made or an order passed by the Commission under sub-section (2) shall be enforceable as if it were a decree of the Civil Court.

Appeals from Decisions of Electrical Inspectors

(Central Act 9 of1910)
(Central Act 9 of 1910)
(Central Act 54 of 1948)

41.

Notwithstanding the provisions of sub-section(2) of section 36 of the Indian Electricity Act, 1910 in the absence of any express provision to the contrary in the Indian Electricity Act, 1910 or the Electricity (Supply) Act, 1948 or any rule made there under an appeal shall lie from the decision of the Electrical Inspector (other than an Inspector of the Central Government, Central Electricity Authority or the Central Electricity Regulatory Commission) to the Commission or to an arbitrator to be appointed by the Commission in terms of section 40.

Appeals against the order of the commission

42.

A person aggrieved by any decision or order of the Commission passed under this Ordinance may file an appeal to the High Court of Delhi within ninety days from the date of communication of the decision or order of the Commission to him, on questions of law arising out of such order.

Provided that the High 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.
  

[Preliminary]   [Delhi Electricity Regulatory Commission]   [Reorganisation of Electricity Industry]   [Miscellaneous]    [Tariffs]
[Advisory Committee, Consumer Counsultation, Etc.]    [Offences and Penalties]   [Powers of the Government]
[Licensing of Transmission and Supply]   [Accounts, Audit and Report of the Commission]   [Effect on Existing Central Legislation]
[Powers of Commission to Pass Orders and Enforce Decisions]    [Proceedings, Powers and Functions of the Commission]

|Back|