Law: Regulation of Generation Transmission and Distribution of Electric Power Act, 1997

Section: 31(4)

(a) Regulation of Generation, Transmission and Distribution of Electric Power Act (XL of 1997)--- ----S. 31(4), second proviso---Word 'anew' in S.31(4), proviso of Regulation of Generation, Transmission and Distribution of Electric Power Act, 1997---Scope---Redetermination of tariff---Principle---Word 'anew' shows that when petition for redetermination of tariff is made, the matter has to be decided afresh, as if no previous position on the same has been rendered. (b) Quasi Judicial proceedings--- ----Scope---Even in proceedings which are of quasi judicial nature, the dictates of natural justice demand that any motion for postponement should be allowed. High Flying Solar Development Pakistan Limited v. NEPRA 2016 CLC 1805 rel. (c) Interpretation of statutes--- ----Time bound proceedings---Scope---Where time is prescribed to conclude proceedings and no consequence is provided for failure to do so, such time period is taken as directory and not mandatory. (d) Constitution of Pakistan--- ----Art. 154(7)---Council of Common Interests---Power and authority---Council of Common Interests has to regulate and formulate policies for Federation in relation to a number of subjects including electricity and regulatory bodies---Decision of Council of Common Interests has binding/obligatory effect unless the same is modified by the Parliament as provided in Art. 154(7) of the Constitution. Watan Party v. Federation of Pakistan PLD 2006 SC 697; Punjab Higher Education Commission v. Dr. Aurangzeb Alamgir and others (ICA No. 1766-2016); Messrs Gadoon Textile Mills and 814 others v. WAPDA and others 1997 SCMR 641 and Water and Power Development Authority through Director Services and Estates v. Excise and Taxation Department, Government of Punjab through Director General and 4 others 2017 PTD 517 rel. (e) Regulation of Generation, Transmission and Distribution of Electric Power Act (XL of 1997)--- ----Ss. 7(6) & 31 (4)---Redetermination of tariff---Failure to provide opportunity of hearing--- Petitioners were power distribution companies (Discos) and were aggrieved of the National Electric Power Regulatory Authority (NEPRA) with regard to proceedings for redetermination of…

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