The Institute of Company Secretaries of India (ICSI), led by President CS Pawan G. Chandak, submitted a representation dated July 16, 2026, to Shri Pankaj Agarwal, Secretary, Ministry of Power. The letter requests an amendment to Section 113(1)(b) of the Electricity Act, 2003, to expressly make Practicing Company Secretaries eligible for appointment as Technical Members of the Appellate Tribunal for Electricity (APTEL). Highlighting ICSI’s establishment under the Company Secretaries Act, 1980, and its jurisdiction under the Ministry of Corporate Affairs, the submission emphasizes Company Secretaries’ multidisciplinary expertise across corporate laws, compliance, governance, dispute resolution, and stakeholder management. ICSI justifies this request by noting that Section 409(3)(d) of the Companies Act, 2013, already recognizes Company Secretaries as eligible technical members for the National Company Law Tribunal (NCLT). It asserts that including practicing Company Secretaries would expand the pool of competent professionals, lower compliance costs, assist with corporate law and energy sector regulations, and provide domain knowledge for power sector tariffs, licenses, and regulations.
Institute of Company Secretaries of India
CS Pawan G. Chandak
PRESIDENT
G&CL: ATPEl: JUL26 | Dated: July 16, 2026
Shri Pankaj Agarwal
Secretary
Ministry of Power
Government of India
Room No. 204, Shram Shakti Bhawan
New Delhi-110001
Respected Sir,
Subject: Request for Amendment to Section 113(1)(b) of the Electricity Act, 2003 to expressly include Company Secretaries in Practice as eligible for Appointment as Technical Members of Appellate Tribunal for Electricity (APTEL).
Greetings from the Institute of Company Secretaries of India!
The Institute of Company Secretaries of India (ICSI) is a premier professional body established under an Act of Parliament, namely the Company Secretaries Act, 1980. It functions under the jurisdiction of the Ministry of Corporate Affairs and is committed to regulating and developing the profession of Company Secretaries in India. With a strong national and global presence, ICSI caters to over 80,000 members and around 2,50,000 students.
The evolving regulatory realm in India demands professionals possessing interdisciplinary expertise in law, governance, compliance, finance, corporate regulation, stakeholder management and public policy. The profession of Company Secretaries has, over the years, emerged as a specialized governance professional uniquely positioned at the intersection of these disciplines.
ICSI Submission:
We wish to draw your kind attention to Section 113(1)(b) of the Electricity Act, 2003 (“the Act”) which prescribes the Qualifications for appointment of Chairperson and Members of Appellate Tribunal. The provision reads as under: –
A person can be qualified for appointment as a member if:
i. is, or has been, or is qualified to be, a Judge of a High Court; or
ii. is, or has been, a secretary for at least one year in the Ministry or Department of the Central Government dealing with economic affairs or matters or infrastructure; or
iii. is, or has been, a person of ability and standing, having adequate knowledge or experience in dealing with the matters relating to electricity generation, transmission and distribution and regulation or economics, commerce, law or management.
Considering the statutory role & established expertise of Company Secretaries in Practice, the Institute respectfully requests for appointment of Company Secretaries in Practice eligible to be members of Appellate Tribunal for Electricity (APTEL).
Justification:
The new corporate environment has made businesses more complex and these complexities have given rise to number of disputes and thereby the need for technically proficient professionals has never been greater. Company Secretaries are multidisciplinary professionals having expertise in various laws – Companies Act, Capital & Securities laws, FEMA, Competition law, GST & Taxation, Insolvency, Valuation, environment laws, consumer & market regulations, infrastructure & sectoral laws, telecommunication & technology, and IPR related laws, industrial & labor laws, arbitration and governance related laws. The role of Company Secretary is transforming at the global platform into the Governance Professional and the practitioners of corporate governance, making India a global leader in good governance practices. Their statutory expertise and professional training equip them not only with a deep understanding of legal and regulatory frameworks but also with practical experience in governance, compliance, corporate restructuring, dispute resolution, and stakeholder management.
It is pertinent to state that Section 409 (3)(d) of the Companies Act, 2013 recognizes Company Secretaries as eligible to become technical members in National Company Law Tribunals. The continued emergence of Practicing Company Secretaries as representatives before tribunals demonstrates that the profession has evolved into an integral pillar of India’s commercial justice system.
The inclusion of Company Secretaries in Practice would broaden the availability of competent professionals, facilitate timely regulatory compliance by authorised entities across the country, reduce compliance costs and further navigate corporate law and energy sector regulations, managing conflicts of interest, and ensure that strategic corporate decisions can withstand scrutiny at the appellate level. They provide specialized domain knowledge to interpret complex power sector tariffs, licenses, and regulations.
We would request your good self to consider the matter favorably and will be pleased to furnish any additional information/clarification required in this matter.
Thanking you,
Yours faithfully,
(Signature)
(CS Pawan G Chandak)
President
The Institute of Company Secretaries of India
