Section 122 of THE ELECTRICITY ACT, 2003
Tribunal may, from time to time, by notification, make provisions as to the distribution of the business of the Appellate Tribunal amongst the Benches and also provide for the matters which may be dealt with by each Bench.
- (2)On the application of any of the parties and after notice to the parties, and after hearing such of them as he may desire to be heard, or on his own motion without such notice, the Chairperson of the Appellate Tribunal may transfer any case pending before one Bench, for disposal, to any other Bench. Decision to be by majority.
Summary
- It gives the Chairperson of the Appellate Tribunal the authority to distribute the legal business of the tribunal among its various Benches.
- It requires the Chairperson to use official notifications, which are public announcements, to specify what types of cases or matters each Bench can handle.
- It grants the Chairperson the power to transfer a pending case from one Bench to another, either when a party applies for a transfer or on the Chairperson's own initiative.
- It requires the Chairperson to give notice to the parties and hear their opinions before transferring a case, unless the Chairperson is acting on their own motion.
Practical examples
FAQ
1. Who decides which Bench of the Appellate Tribunal hears a case under Section 122 of the Electricity Act, 2003?
Under Section 122 of the Electricity Act, 2003, the Chairperson of the Appellate Tribunal has the sole authority to distribute the business of the Tribunal among its Benches and specify what matters each Bench can handle through public notifications.
2. Can a case be transferred from one Bench to another under Section 122 of the Electricity Act, 2003?
Yes, under Section 122 of the Electricity Act, 2003, the Chairperson can transfer any pending case from one Bench to another for disposal, either on their own motion or upon an application made by any of the parties involved.
3. Is a hearing required before a case is transferred under Section 122 of the Electricity Act, 2003?
Under Section 122 of the Electricity Act, 2003, if a party applies for a transfer, the Chairperson must give notice to the other parties and hear whoever wishes to be heard. However, if the Chairperson transfers the case on their own motion, they can do so without such notice.
4. What method must the Chairperson use to allocate business under Section 122 of the Electricity Act, 2003?
Under Section 122 of the Electricity Act, 2003, the Chairperson must use an official notification, which is a formal published announcement, to divide and assign the business of the Tribunal among the Benches.
Test yourself
Q1.Under Section 122 of The Electricity Act, 2003, who has the power to distribute the business of the Appellate Tribunal amongst its Benches?
Q2.Under Section 122 of The Electricity Act, 2003, how must the Chairperson make provisions for distributing business and specifying matters for each Bench?
Q3.Under Section 122 of The Electricity Act, 2003, what procedural step is required if a party applies for a case to be transferred to another Bench?
Q4.Under Section 122 of The Electricity Act, 2003, under what condition can the Chairperson transfer a case from one Bench to another without giving prior notice to the parties?