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Disconnection of Supply:
An Appellate Tribunal has been created over the Commissions for speedy dispute resolution. It is assumed to adjudicate appeals against orders of the adjudicating authority and ERCs in a time bound manner. Appeals regarding the sequence of the Tribunal could be taken to the Supreme Court.
a.) Appellate Tribunal
Any person aggrieved through the decision of the Central Regulatory Commission or State Regulatory Commission might file an appeal before the Appellate Tribunal within 45 days of the passing of the concerned order. Before filing an appeal, the aggrieved party must deposit the penalty amount imposed through the Regulatory Commission concerned. The aim of giving this appellate mechanism first at the level of the Appellate Tribunal and then at the level of Supreme Court, is in which the disputes are not unnecessarily dragged in the Courts, by civil litigation or writs. Disputes cannot be raised before Civil Courts.
In appropriate cases, the Appellate Tribunal could waive this provision if the deposit of penalty is likely to cause undue hardship to any person. The Appellate Tribunal should not be bound through the procedure laid down through the Code of Civil Procedure but shall be guided through principles of natural justice and it could regulate its own procedure.
Any person aggrieved through a decision of the Tribunal might file an appeal before the Supreme Court within 60 days from the date of the order.
b.) Constitution of Central Electricity Authority
CEA continues to keep the main technical advisor of the Central /State Government and Regulatory Commissions. The CEA also has to specify the technical standards as well as the safety standards for connectivity with the grid, that a person intending to setup a generating station has to comply with.
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