REGULATIONS, 2012
[Gazette of Pakistan, Extraordinary, Part-II, 10th October, 2012]
S.
R. O. 1264(I)/2012.—In
exercise of the powers conferred by Section 47, read with Sections 12-A and
38(3) of the Regulation of Generation, Transmission and Distribution of
Electric Power Act 1997, the National Electric Power Regulatory Authority is
pleased to make the following regulations, namely:-
1. Short title and commencement.—(1) These regulations may be called the
National Electric Power Regulatory Authority (Procedure for filing appeal
before the Authority) Regulations, 2012.
(2) These
shall come into force at once.
2. Definitions.—(1) In these regulations, unless there is
anything repugnant in the subject or context,—
(a) "Act" means the
Regulation of Generation, Transmission and Distribution of Electric Power Act
1997;
(b) "Authority"
means the authority established under Section 3 of the Act;
(c) "appeal" means
an appeal preferred under Section 12-A or 38 (3) of the Act.
(d) "appellant"
means a person who prefers an appeal before the Authority;
(e) "authorized
representative" means a person who is authorized to appear, plead and act
on behalf of the appellant before the Authority;
(f) "form"
means form appended to these regulations;
(i) "Registrar"
means an officer of the Authority who is appointed to perform the functions of
the Registrar of Authority.
(2) Words
and expressions used and not specifically defined herein, but defined in the
Act, shall have the meaning assigned to them in the Act.
3. Filing of appeal.—(1) Any person aggrieved by any decision or order
of the single Member of the Authority or Tribunal constituted under Section 11
of the Act or from a decision given by the Provincial office of Inspection may,
within 30 days of the order or decision; file an appeal before the Authority.
(2) No
appeal shall be competent against any order or decision given with the consent
of the parties or against any interim order.
4. Limitation for filing appeal.—(1) Every appeal shall be filed within a
period of thirty days from the date on which a copy of the order against which
the appeal is preferred is received by the appellant:
Provided that the Authority may, upon an
application filed in this behalf, entertain an appeal after the expiry of the
said period of thirty days if it is satisfied that there was sufficient cause
for not filing it within the period.
(2) Subject
to anything contrary on the record the copy of the order against which an
appeal is filed shall be presumed to have been received by the appellant if:
(a) sent
by courier, three days following the day it is dispatched by the Receipt and
Issue department of the Authority;