Law:

Section:

(a) Regulation of Generation, Transmission and Distribution of Electric Power Act (XL of 1997) --- ----S. 38(3)---Electricity Act (IX of 1910), Ss. 26(6) & 36(3)---Punjab (Establishment and Powers of Office of Inspection) Order, 2005, S.4---Appeal against decision of Electric Inspector/Provincial Office of Inspection---Proper forum---Whether such appeal had to be filed before the Advisory Board (under the Electricity Act, 1910) or the National Electric and Power Regulatory Authority (NEPRA) [under the Regulation of Generation, Transmission and Distribution of Electric Power Act, 1997]---Dispute resolution mechanism provided in Electricity Act, 1910 had been displaced by the Regulation of Generation, Transmission and Distribution of Electric Power Act, 1997 ("NEPRA Act"), which law was later in time and was also much wider in its scope---After the promulgation of Punjab (Establishment and Powers of Office of Inspection) Order, 2005, the decision rendered on a complaint filed before the Electric Inspector shall be treated to have been given by the Provincial Office of Inspection and that the appeal against the decision of the Electric Inspector/Provincial Office of Inspection after the enactment of subsection (3) of S.38 of the Regulation of Generation, Transmission and Distribution of Electric Power Act, 1997 shall lie before the Authority as defined in the said Act---Principles. Two enactments i.e. Electricity Act, 1910 and the Regulation of Generation, Transmission and Distribution of Electric Power Act, 1997 ("NEPRA Act") continued to exist side by side providing two different appellate fora to hear appeals against the orders of the Electric Inspector and the Provincial Office of Inspection. Both enactments were special laws. Under section 26(6) of the Electricity Act, 1910, the ambit and scope of dispute was confined only to the electricity meters/other measuring apparatuses while the scope of section 38 of NEPRA Act was much wider in comparison. Section 38 of the NEPRA Act empowered the Provincial Office of Inspection not only to enforce compliance of the instructions of the distribution companies regarding metering, billing, electricity consumption…

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