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REGULATIONS, 2012

NATIONAL ELECTRIC POWER REGULATORY AUTHORITY (PROCEDURE FOR FILING APPEAL BEFORE THE AUTHORITY) 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;