Orissa Electricity Reform Act, 1995

CHAPTER XI

ARBITRATION AND APPEALS

Arbitration by the Commission

37.(1) Notwithstanding anything contained in the Arbitration Act, 1940, any dispute arising between licensees or in respect of matters provided under section 33 shall be referred to the Commission. The Commission may proceed to act as arbritrator or nominate arbitrators to adjudicate and settle such dispute. The practice or procedure to be followed in connection with any such adjudication and settlement shall be such as may be prescribed by regulations.

(2) Where the award is made by the arbitrator appointed by the Commission it shall be filed before the Commission and the Commission shall be entitled to pass appropriate orders on the award including, orders to,

1. confirm and enforce the award;

2. set aside or modify the award; or

3. remit the award for reconsideration by the arbitrator.

(3) The order passed by the Commission under sub-section (2) shall be a decision or order of the Commission and shall be appealable as provided in this Act.

(4) An award made or an order passed by the Commission under sub-section (2) shall be enforceable as if it were a decree of the Civil Court.

10 of 1940

Appeals from decisions of electrical inspector.

38. Notwithstanding anything contained in the Indian Electricity Act, 1910 or the Electricity (Supply) Act, 1948, or any rules made thereunder, an appeal shall lie from the decision of an Electrical Inspector, other than an Inspector of the Central Government or the Central Electricity Authority, to the Commission.

9 of 1910
54 of 1948

Appeals against the orders of the Commission.

39. Any person aggrieved by any decision or order of the Commission passed under this Act may file an appeal to the High Court on any question of law arising out of such order within sixty days from the date of communication to him of the decision or order of the Commission.