Act Number: 36

Act Name: The Electricity Act, 2003

Year: 2003

Enactment Date: 2003-05-26

Long Title: An Act to consolidate the laws relating to generation, transmission, distribution, trading and use of electricity and generally for taking measures conducive to development of electricity industry, promoting competition therein, protecting interest of consumers and supply of electricity to all areas, rationalisation of electricity tariff, ensuring transparent policies regarding subsidies, promotion of efficient and environmentally benign policies, constitution of Central Electricity Authority, Regulatory Commissions and establishment of Appellate Tribunal and for matters connected therewith or incidental thereto.

Ministry: Ministry of Power

Department:

Section 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.
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