110. Establishment of Appellate Tribunal.—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].
111. Appeal to Appellate Tribunal.—(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:
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, 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.
(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:
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 Appropriate Commission, as the case may be.
(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 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.
(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.
112. Composition of Appellate Tribunal.—(1) The Appellate Tribunal shall consist of a
Chairperson and three other Members.
(2) Subject to the provisions of this Act,—
(a) the jurisdiction of the Appellate Tribunal may be exercised by Benches thereof;
(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;
1. Subs. by Act 28 of 2010, s. 16 and the Schedule, for “under this Act” (w.e.f. 24-8-2010).
56
(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;
(d) the Central Government shall notify the areas in relation to which each Bench of the Appellate
Tribunal may exercise jurisdiction.
(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, —
(i) “Judicial Member” means a Member of the Appellate Tribunal appointed as such under
sub-clause (i) of caluse (b) of sub-section (1) of section 113, and includes the Chairperson of the
Appellate Tribunal;
(ii) “Technical Member” means a Member of the Appellate Tribunal appointed as such under
sub-clause (ii) or sub-clause (iii) of clause (b) of sub-section (1) of section 113.
113. Qualifications for appointment of Chairperson and Member of Appellate Tribunal.— (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—
(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
(b) in the case of a Member of the Appellate Tribunal,—
(i) is, or has been, or is qualified to be, a Judge of a High Court; or
(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
(iii) is, or has been, a person of ability and standing, having adequate knowledge or
experience in dealing with the matters relating to electricity generation, transmission and
distribution and regulation or economics, commerce, law or management.
(2) The Chairperson of the Appellate Tribunal shall be appointed by the Central Government after
consultation with the Chief Justice of India.
(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.
(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.
114. Term of office.—The Chairperson of the Appellate Tribunal or a Member of the Appellate
Tribunal shall hold office as such for a term of three years from the date on which he enters upon his
office:
Provided that such Chairperson or other Member shall be eligible for re-appointment for a second
term of three years:
Provided further 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 a Member of the Appellate Tribunal, the age of sixty-five years.
57
115. Terms and conditions of service.—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 shall be such as may be prescribed by the Central Government:
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.
116. Vacancies.—If, for reason other than temporary absence, any vacancy occurs in the office of the
Chairperson of the Appellate Tribunal or a 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.
117. Resignation and removal.—(1) The Chairperson of the Appellate Tribunal 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.
(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 a judge of the Supreme Court as the Central
Government 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.
1
[117A. Qualifications, terms and conditions of service of Chairperson and Member.—
Notwithstanding anything contained in this Act, the qualifications, appointment, term of office, salaries
and allowances, resignation, removal and the other term and conditions of service of the Chairperson and
other Members of the Appellate Tribunal appointed after the commencement of 2
[the Tribunals Reforms
Act, 2021, shall be governed by the provisions of Chapter II of the said Act]:
Provided that the Chairperson and Member appointed before the commencement of Part XIV of
Chapter VI of the Finance Act, 2017 (7 of 2017), shall continue to be governed by the provisions of this
Act, and the rules made thereunder as if the provisions of section 184 of the Finance Act, 2017 had not
come into force.]
118. Member to act as Chairperson in certain circumstances.—(1) In the event of the occurrence
of any 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.
(2) When the Chairperson of the Appellate Tribunal is unable to discharge his functions owing to
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.
1. Ins. by Act 7 of 2017, s. 180 (w.e.f. 26-5-2017).
2. Subs. by Act 33 of 2021, s. 25, for “Part XIV of Chapter VI of the Finance Act, 2017 (7 of 2017), shall be governed by the
provisions of the section 184 of that Act” (w.e.f. 4-4-2021).
58
119. Officers and other employees of Appellate Tribunal.— (1) The Central Government shall
provide the Appellate Tribunal with such officers and other employees as it may deem fit.
(2) The officers and other employees of the Appellate Tribunal shall discharge their functions under
the general superintendence of the Chairperson of the Appellate Tribunal.
(3) The salaries and allowances and other terms and conditions of service of the officers and other
employees of the Appellate Tribunal shall be such as may be prescribed by the Central Government.
120. Procedure and powers of Appellate Tribunal.— (1) The Appellate Tribunal shall not be
bound by the procedure laid down by the Code of Civil Procedure, 1908 (5 of 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 its own procedure.
(2) The Appellate Tribunal shall have, for the purposes of discharging its functions under this Act, the
same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908), while
trying a suit, in respect of the following matters, namely:—
(a) summoning and enforcing the attendance of any person and examining him on oath;
(b) requiring the discovery and production of documents;
(c) receiving evidence on affidavits;
(d) subject to the provisions of sections 123 and 124 of the Indian Evidence Act, 1872
(1 of 1872), requisitioning any public record or document or copy of such record or document from
any office;
(e) issuing commissions for the examination of witnesses or documents;
(f) reviewing its decisions;
(g) dismissing a representation of default or deciding it ex parte;
(h) setting aside any order of dismissal or any representation for default or any order passed by it
ex parte;
(i) any other matter which may be prescribed by the Central Government.
(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.
(4) Notwithstanding 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 that court.
(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 (45 of 1860) and the Appellate Tribunal
shall be deemed to be a civil court for the purposes of sections 345 and 346 of the Code of Criminal
Procedure, 1973 (2 of 1974).
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.]
122. Distribution of business amongst Benches and transfer of cases from one Bench to another
Bench.–(1) 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.
1. Subs. by Act 57 of 2003, s. 4, for section 121 (w.e.f. 27-1-2004).
59
(2) 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.
123. Decision to be by majority.—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.
124. Right of appellant to take assistance of legal practitioner and of Appropriate Commission
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 of his choice to present his
case before the Appellate Tribunal, as the case may be.
(2) The Appropriate Commission 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.
125. 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.