ISLAMABAD: The federal government has decided to appoint former Justice Ibad-ur-Rehman Lodhi as Chairman Nepra Appellate Tribunal and Zeshan Shah as Member Finance, well-informed sources told Business Recorder.
The National Electric Power Regulatory Authority (Nepra) Appellate Tribunal, Islamabad has been established under Section 12A of the Regulation of Generation, Transmission and Distribution of the Electric Power Act 1997 (Nepra Act).
The Tribunal shall comprise a Chairman and two Members - Member Finance and Member Electricity.
The posts of Chairman and Members have been approved by the Prime Minister in MP-I & II, respectively. Section 12E of the Regulation of Generation, Transmission and Distribution of Electric Power Act, 1997 describes the decision, determination and quorum of the Appellate Tribunal and is as under:-" 12E decisions, determinations and quorum-(I) decisions and determinations of the Appellate Tribunal shall be taken by majority. (a) a former judge of a High Court who shall be the Chairman, for a single term of four years on such terms and conditions as may be prescribed and shall be nominated by the Provinces or Federal government, as the case may be, by rotation in the following order, namely:- (i) the member representing the Federal Government; (ii) the member representing the Province of the Punjab; (Hi) the member representing the Province of Khyber Pakhtunkhwa; (iv) the member representing the Province of Sindh; and (v) the member representing the Province of the Baluchistan; provided that the Chairman of the Appellate Tribunal shall not be appointed if he has attained the age of 65 years.
"A member finance, who shall be qualified chartered accountant or a qualified chartered accountant or a qualified cost and management accountant or a qualified chartered financial analyst and shall be nominated by the provinces of federal government as the case may be, by rotation in the following order, namely:- (i) the member representing the Sindh; (ii) the member representing Punjab; (iii) member representing the Federal Government; (iv) member representing Khyber Pakhtunkhwa and; (v) the member representing Balochistan.
"A member electricity, who shall be a member of the Pakistan Engineering Council (PEC), with a specialization in electrical engineering and shall be nominated by the provinces and federal government, as the case may be, by rotation in the following order, namely; (i) the member representing Balochistan; (ii) the member representing Khyber Pakhtunkhwa; (iii) the member representing the Federal Government; (iv) the member representing Punjab; and (v) the member representing Sindh.
"If there are less than three Members of the Appellate Tribunal, the presence of two Members serving shall constitute a quorum provided that in the case of a quorum of two, the decision shall be taken by consensus.
"Any decision or determination taken at a meeting where a quorum is present shall constitute a valid and enforceable decision or determination of the Appellate Tribunal.
The Supreme Court of Pakistan, in its order of September 1, 2020 directed that the federal government to appoint members of the Tribunal within ten days to make it functional.
In pursuance of the SC Order, Ministry of Law and Justice has identified the following panel for appointment of Chairman; (i) former Justice Ibad-Ur-Rehman Lodhi (ii) former Justice Mujahid Mustaqeem Ahmed and (iii) former Justice Syed Afsar Shah. The Energy Department, Government of Sindh, has forwarded the following panel and recommended the name of Zeeshan Shahid for appointment as Member Finance, Nepra Tribunal, Islamabad. Nomination for Member Electricity is awaited from Government of Balochistan.
Ministry of Law and Justice has proposed that former Justice Ibad-Ur-Rehman Lodhi may be appointed as Chairman (MP-l), for a period of four years and Zeeshan Shahid as Member Finance (MP-II), for a period of three years in the Appellate Tribunal under Section 12A (2) of the NEPRA Act, at Islamabad, having jurisdiction in the whole of Pakistan.
Copyright Business Recorder, 2020
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