Government fails to set up appellate tribunal under amended Nepra Act

The federal government has not set up the appellate tribunal for the last one and a half years under section 12A of amended NEPRA Act, 2018.

This failure on the part of the government has left the stakeholders in lurch, as no appropriate forum is available to get speedy justice against the NEPRA decisions.

The NEPRA Act was amended in April 2018 and Section 12A, Act XL of 1997 was substituted with the establishment of appellate tribunal to be constituted by the federal government and it shall comprise of a former judge of high court below the age of sixty-five years, 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. The Tribunal shall have a Member Finance, who shall be a qualified chartered accountant or a qualified cost & management accountant or a qualified chartered financial analyst and shall be nominated by the provinces or federal government, as the case may be, by rotation. Similarly, a Member Electricity will also be placed in the tribunal, who shall be a member of the Pakistan Engineering Council, with a specialization in electrical engineering and shall be nominated by the Provinces or the federal government.

It may be noted that and amendment was introduced to facilitate any person aggrieved by a decision or order of the Authority or a single member thereof could prefer an appeal in the prescribed manner to the Tribunal within thirty days of the decision or order, and the Appellate Tribunal shall decide such appeal within three months after filing of the appeal. The sufferings of the stakeholders have aggravated due to inordinate delay in establishing the Tribunal.

NEPRA Act received the assent of the President of Pakistan in December, 1997 and an Authority was established to regulate the power sector affairs in accordance with the international practices. However, the Authority has failed to follow the spirit, as it has followed the dictations of federal government while compromising with the interests of consumers by focusing on determination of tariffs, issuance of licenses for generation, transmission and distribution and made decisions in other regulatory matters.

The aggrieved parties under section 12A could file motions seeking a leave to review by the full strength of the Authority against such final orders, determinations and decisions as the case may be. The tariffs determined were sent to federal government for notification to be issued within 15 days of its receipt. The federal government could file reconsideration request before NEPRA against its final orders, determinations or decisions.

The industrial circles have urged the federal government to immediately take necessary action to make amends for the exorbitant delay in constituting the Tribunal.