Section 118 of THE ELECTRICITY ACT, 2003
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. Officers and other employees of Appellate Tribunal..
Summary
- If the Chairperson's office becomes vacant because of death, resignation, or any other reason, the senior-most Member must step in to act as the Chairperson.
- The senior-most Member will continue to act as the Chairperson until a newly appointed Chairperson officially takes charge of the office.
- If the Chairperson is temporarily unable to work due to illness, absence, or other reasons, the senior-most Member will temporarily discharge their duties.
- Discharge their duties means to perform the actual functions of the Chairperson's role.
- This temporary arrangement lasts until the actual Chairperson returns and resumes their regular duties.
Practical examples
FAQ
1. Who takes charge if the chairperson of the power tribunal suddenly dies under Section 118 of the Electricity Act?
Under Section 118 of the Electricity Act, 2003, if a vacancy occurs due to death or resignation, the senior-most Member of the Appellate Tribunal acts as the Chairperson until a new Chairperson is appointed.
2. What happens if the electricity tribunal chairperson goes on sick leave under Section 118 of the Electricity Act?
Under Section 118 of the Electricity Act, 2003, when the Chairperson is unable to work due to illness or absence, the senior-most Member discharges the Chairperson's duties until they resume work.
3. Can a junior member of the power tribunal act as chairperson under Section 118 of the Electricity Act?
No, under Section 118 of the Electricity Act, 2003, only the senior-most Member of the Appellate Tribunal is authorised to act as Chairperson or discharge their duties during a vacancy or absence.
Test yourself
Q1.Under Section 118 of the Electricity Act, 2003, who is designated to act as Chairperson when a vacancy occurs?
Q2.Under Section 118 of the national electricity law, how long does the senior-most Member act as Chairperson during a permanent vacancy?
Q3.Under Section 118 of the Electricity Act, 2003, if a vacancy occurs because the Chairperson resigns under Section 117, what legal mechanism ensures leadership continuity before a new Chairperson is appointed under Section 116?
Q4.Under Section 118 of the Electricity Act, 2003, when the Chairperson is temporarily unable to discharge their duties due to a short illness, what happens?