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1933

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la[;k ,y0 ,y0 vkj0&Mh0¼6½&23@2011&yst

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ds vuqPNsn 200 ds v/khu iznRr “kfDr;ksa dk iz;ksx djrs gq, fnukad 3&10&2011 dks vuqeksfnr fgekpy

euksjatu “kqYd ¼la”kks/ku½ fo/ks;d] 2011 ¼2011 dk fo/ks;d la[;kad 23½ dks o’kZ 2011 ds vf/kfu;e

la[;kad 42 ds :Ik esa lafo/kku ds vuqPNsn 348 ¼3½ ds v/khu mlds vaxzsth izkf/k—r ikB lfgr fgekpy

izns”k jkti= ¼vlk/kkj.k½ esa izdkf”kr djrh gSaA

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3434

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] 2011

¼jkT;iky egksn;k }kjk rkjh[k 3 vDrwcj] 2011 dks ;Fkkvuqeksfnr½

fgekpy izns”k euksjatu 'kqYd vf/kfu;e] 1968 ¼1968 dk vf/kfu;e la[;kad 12½ dk vkSj la”kks/ku

djus ds fy, vf/kfu;e

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ß¼d&vi½ßMh-Vh-,p¼Mk;jsDV Vw gkse½Þ ls dusD”ku /kkjd ds vkokfld ;k xSj&vkokfld LFkku ij]

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Mh-Vh-,p- izkidksa ls ;qDr oS;fDrd fM”k ,aVhuk vkSj lSV&VkWi&okDl lfgr mixzg dk;ZØeksa ds

izki.k dh iz.kkyh vfHkizsr gS ; Þ A

&&&&&&&

AUTHORITATIVE ENGLISH TEXT

Act No. 42 of 2011.

THE HIMACHAL PRADESH ENTERTAINMENTS DUTY

(AMENDMENT) ACT, 2011

(AS ASSENTED TO BY THE GOVERNOR ON 3

RD OCTOBER, 2011)

ACT

further to amend the Himachal Pradesh Entertainments Duty Act, 1968 (Act No. 12 of 1968).

BE it enacted by the Legislative Assembly of Himachal Pradesh in the Sixty-second Year of

the Republic of India as follows:—

3435

jkti=] fgekpy izns'k] 12 vDrwcj] 2011@20 vkf'ou] 1933

Short title.—This Act may be called the Himachal Pradesh Entertainments Duty

(Amendment) Act, 2011.

Amendment of section 2.—In section 2 of the Himachal Pradesh Entertainments

Duty Act 1968, after clause (a-v), the following new clause shall be inserted, namely:-

‘‘(a-vi) “DTH(Direct to Home)” means a system of reception of satellite programmes with

personal dish antenna and Set-Top-Box consisting of broadcasting center, satellites,

encoders, multipleyers, modulators and DTH receivers for exhibition or transmission at a

residential or non-residential place of a connection holder on payment;”.

&&&&&&&

HIMACHAL PRADESH ELECTRICITY REGULATORY COMMISSION SHIMLA

NOTIFICATION

Shimla, the 30th September, 2011

No. HPERC/437 (VI).—Whereas section 23 of the Electricity Act, 2003 provides that if

the Appropriate Commission is of the opinion that it is necessary or expedient so to do for

maintaining the efficient supply, securing the equitable distribution of electricity and promoting

competition, it may, by order, provide for regulating supply, distribution, consumption or use

thereof;

And whereas sub-section (1) of section 42 of the Electricity Act 2003 provides that it shall

be the duty of a distribution licensee to develop and maintain an efficient, co-ordinated and

economical distribution system in his area of supply and to supply electricity in accordance with

the provisions contained in this Act;

And whereas clause 5.9.6 of the National Electricity Policy provides that in order to reduce

the requirements for capacity additions, the difference between electrical power demand during

peak periods and off-peak periods would have to be reduced. Suitable load management techniques

should be adopted for this purpose. Differential tariff structure or peak and off peak supply and

metering arrangements (Time of Day metering) should be conducive to load management

objectives. Regulatory Commissions should ensure adherence to energy efficiency standards by

utilities;

Now, therefore, in exercise of the powers conferred by sub-section (1) of section 181, read

with section 23 and sub-section (1) of section 42 and clause (zp) of sub-section (2) of section 181,

of the Electricity Act, 2003 (36 of 2003) and all other powers enabling it in this behalf, the

Himachal Pradesh Electricity Regulatory Commission, after previous publication, hereby makes the

following Demand Side Management regulations, namely:-

The Himachal Pradesh Electricity Regulatory Commission

Demand Side Management Regulations, 2011

Short title, applicability and commencement.

(1)

These regulations may be called the Himachal Pradesh Electricity Regulatory

Commission (Demand Side Management) Regulations, 2011.

3436

jkti=] fgekpy izns'k] 12 vDrwcj] 2011@20 vkf'ou] 1933

(2)

These Regulations shall be applicable to all the distribution licensees in the State of

Himachal Pradesh in their respective areas of supply.

(3)

These regulations shall come into force from the date of their publication in the

Rajpatra, Himachal Pradesh.

(4)

These regulations shall be construed harmoniously with the Himachal Pradesh

Electricity Regulatory Commission (Terms and Conditions for Determination of Wheeling Tariff

and Retail Supply Tariff) Regulations, 2011.

Definitions.

In these regulations, unless the context otherwise requires,-

(1)

“Act” means the Electricity Act, 2003 (36 of 2003);

(2)

“Baseline data” means the initial base level consumption and/or demand for

electricity for the Utility as a whole, targeted segments and at end use level, as the case may be

before a DSM programme begins to provide a starting point for comparison for assessing

programme impact;

(3)

“Bureau” means the Bureau of Energy Efficiency established under subsection (1)

of section 2 of the Energy Conservation Act, 2001 (Act No. 52 of 2001);

(4)

“Central Commission” means the Central Electricity Regulatory Commission

referred to in sub-section (1) of section 76 of the Act;

(5)

“Commission” means the Himachal Pradesh Electricity Regulatory Commission

referred to in sub-section (1) of section 82 of the Act;

(6)

“Demand Side Management” or “(DSM)” means the measures taken by a

distribution licensee affecting the activities beyond the consumer’s meter, with the objective of

altering the end-use of electricity - whether it is to increase demand, decrease it, shift it between

high and low peak periods, or manage it when there are intermittent load demands- in the overall

interests of reducing the distribution licensee costs by making economic use of utility resources;

(7)

“DSM Master Plan” means the comprehensive demand side management plan

prepared under regulation 5 and approved by the Commission;

(8)

“DSM Programme” means a demand side measure designed, developed and

implemented by the distribution licensee;

(9)

“DSM Resource Acquisition” means a mechanism to implement DSM projects

through customers, Energy Service Companies, Non-Government Organisations, manufacturers/

suppliers, or other private sector organizations, with payment made to them by the distribution

licensee for the resultant energy and load reductions;

(10)

“Energy Efficiency” or “EE” means activities or programmes that stimulate

customers to reduce energy use by making investments in more efficient equipment or control that

reduce energy use while maintaining a comparable level of service as perceived by the customer;

(11)

“Energy Services Company” means a company which is in the business of providing

energy efficient and load management equipment and/or services to enduse customers and is

approved by the Bureau;

(12)

“Evaluation, Measurement and Verification or “(EM&V)” means activities which

evaluate, monitor, measure and verify performance or other aspects of DSM and/or energy

efficiency programmes or their market environment;

(13)

“Licensee” means the distribution licensee in the State of Himachal Pradesh;

(14)

“Load Research” means an activity embracing the measurement and study of the

characteristics of electric loads to provide a thorough and reliable knowledge of trends, and general

behaviour of the load characteristics of the customers serviced by the electrical industry;

(15)

“Monitoring and Reporting” means activities which monitor and evaluate the

progress of DSM and / or energy efficiency programme of the Distribution Licensee.

3437

jkti=] fgekpy izns'k] 12 vDrwcj] 2011@20 vkf'ou] 1933

(16)

“State Designated Agency” or “SDA” means the agency designated by the State

Government under clause (d) of section 15 of the Energy Conservation Act, 2001 (Act No. 52 of

2001).

(17)

the words and expressions used in these regulations and not defined herein but

defined in the Act or the regulations issued by the Central Commission or any other regulations

issued by the Commission, shall have the same meaning assigned to them respectively in the Act or

such regulations issued by the Central Commission or such other regulations issued by the

Commission.

Objectives.

The objectives of these regulations are.-

(a)

to make DSM an integral part of the day-to-day operation of the licensee and

undertake planning, designing and implementation of appropriate DSM programmes

on a sustainable manner:

(b)

to make strategic energy conservation, load shifting and pricing initiatives including

power factor correction, time of use tariff as the main objective of the licensee.

(c)

to ensure implementation of DSM measures formulated by the Government of

Himachal Pradesh from time to time.

(d)

to make DSM measures in the State of Himachal Pradesh consistent with the

National DSM Objectives /Plans formulated by the Bureau.

Target/ Goal setting.

(1)

The Commission shall set up annual DSM targets in mutual consultation with the

licensee taking relevant factors into consideration.

(2)

While setting up the annual DSM targets under sub-regulation (1) the Commission

shall consider the technical potential in the State of Himachal Pradesh as assessed by the DSM

Master Plan.

DSM Master Plan.

(1)

The licensee shall, within 6 months from the commencement of these regulations,

prepare a comprehensive draft of DSM Master Plan and submit the same for the approval of the

Commission.

(2)

The distribution licensee shall prepare DSM Master Plan initially for a period of 5

years and subsequently for the periods as may be directed by the Commission from time to time.

(3)

The draft of DSM Master Plan shall act as a reference document for the licensee

while preparing the annual DSM programme for the State of Himachal Pradesh.

(4)

The draft of the DSM Master Plan shall include the following, namely :-

(a)

Demand forecasting study,

(b)

Load research, establishment of baseline data,

(c)

Walk through Energy audit,

(d)

Identification of DSM options,

(e)

Cost benefit analysis of each of the DSM options,

(f)

Pricing options for DSM,

(g)

Financing DSM options,

(h)

Prioritization and implementation schedule for each of the measures

proposed in the DSM Plan,

(i)

DSM targets to be achieved for each of the measures proposed in the DSM

Plan,

3438

jkti=] fgekpy izns'k] 12 vDrwcj] 2011@20 vkf'ou] 1933

(j)

Institutional arrangement, implementation planning, barriers and mitigation

measures, and

(k)

any other aspects covered in these regulations or as the Commission may

direct.

Institutional framework for DSM.

(1)

In order to discharge the DSM related functions in a smooth manner, the licensee

may within three months from the date of commencement of these regulations constitute DSM Cell

and the DSM Cell so constituted shall be provided with necessary resources to execute the DSM

related functions.

(2)

The DSM related functions of the licensee shall be as under, namely:-

(a)

Load research, consumer survey, development of baseline data and

forecasting at aggregate system level, segment level and end use level,

(b)

Formulation of DSM Plan,

(c)

Design and development of DSM programmes including cost benefit

analysis, plans for implementation, monitoring and reporting and for

measurement and verification for each measure,

(d)

Seeking necessary approvals of the Commission to the Draft DSM Plan and

DSM programmes,

(e)

Implementation of DSM programmes,

(f)

Liaison with the State Designated Agency at planning and implementation

stage to avoid duplication of DSM and/or Energy Efficiency activity in the

State of Himachal Pradesh,

(g)

Validation and Updation of master plan and submission of the same for

approval of the Commission, alongwith the DSM programmes on annual

basis,

(h)

Evaluation, Measurement and Verification of DSM programme, and

(i)

any other additional DSM related function that may be assigned by the

Commission from time to time.

DSM programme document.

(1)

The distribution licensee shall design and develop the DSM Plan by taking reference

from the DSM Master Plan and validating or reprioritising the same based on the feedback from the

programme already implemented or being implemented including evaluation of benefits achieved.

(2)

The DSM programme shall be prepared by the licensee on annual basis and the first

annual DSM programme shall be prepared, within six months from the date of approval of the

DSM master plan by the Commission.

(3)

The licensee shall submit the annual DSM programme formulated under sub-

regulation (1) to the Commission for its approval alongwith the Yearly Aggregate Revenue

Requirement (ARR).

(4)

The annual DSM programme shall be implemented only after its approval by the

Commission.

(5)

The DSM Programme Document shall include the following elements, namely:-

(a)

Programme description:

(i)

Description of DSM measures and technologies, that are intended to be

implemented through the proposed DSM programme including eligibility

criteria listing of brands and manufacturers/vendors that will be eligible for

participation in the DSM programme, relevant pricing, quality assurance and

replacement/guarantee policy;

3439

jkti=] fgekpy izns'k] 12 vDrwcj] 2011@20 vkf'ou] 1933

(ii)

Whether any measures similar to those proposed in the DSM and/or EE

programme are underway or planned by the State Designated Agency. If yes,

then the description of the same shall be provided alongwith necessity and

detailed justification, if any, for including the same in the proposed DSM

programme;

(iii)

the consumer segments and the end users which are targeted including

eligibility criteria to be used for identification of potential consumers within

the identified target segment;

(iv)

Other stakeholders (financiers, energy services companies, equipment

vendors, consultants, energy auditors, trade associations, groups of persons,

NGOs, academic institutions, Government organizations) involved in the

implementation process, description of their roles and responsibilities and

manner of participation;

(v)

Identification of barriers of DSM programme including institutional and

implementation barrier etc. and the measures proposed for overcoming the

same;

(vi)

Strategy the programme proposes to use, including proposed incentives, if

any, strategies to motivate consumers and other stakeholders to participate in

the programme, description of payment and collection mechanism and

equipment/appliance/service delivery mechanism

(vii) Description of programme management and implementation arrangements,

including description of institutional relationships and internal programme

tracking systems to be followed by the licensees.

(b)

Evaluation Monitoring & Verification:

This part will describe EM&V and monitoring and reporting plans such as-

(i)

description of base line calculation and description of monitoring and

verification methodology;

(ii)

description of DSM programme monitoring, review and impact (in terms of

programme participation, in terms of increases in penetration level of

efficient devices and technologies, and in terms of load reduction/energy

savings) analysis system/mechanism – who will monitor, what will be

monitored, how will be monitored, who will verify, how frequently will be

monitored, who will prepare monitoring/progress reports, etc.

(c)

Detailed Implementation Plan:

(i)

This part will describe if the programme will have any phases (e.g.

demonstration/pilot etc.).

(ii)

This part will also have description of main activities, and indication about

their sequencing and interdependence. For each main activity, this part will

also provide description of who will be responsible for the activity and when

will the activity be performed.

(iii)

Implementation mechanism i.e. Energy Service Company, DSM bidding,

DSM resource acquisition etc.

(d)

Estimate of annual and cumulative savings:

This part will describe the estimate of annual and cumulative savings to the

licensees and other beneficiaries due to the programme with all the assumptions

used in savings estimation process, including base line considered;

3440

jkti=] fgekpy izns'k] 12 vDrwcj] 2011@20 vkf'ou] 1933

(e)

Annual programme funding requirements:

This part will have description of financing arrangement, including share of

distribution licensee, vendors, consumers, retailers, State Government, Central

Government, etc

(f)

Cost effectiveness calculation details:

This part will describe the cost effectiveness aspects of each of the measures

proposed in the DSM programme including the calculation details of the programme

costs and benefits, impact on consumer tariffs, with explicit description of all the

input values considered and all the assumptions used in cost effectiveness

calculations and for input values;

(g)

Mechanism of cost recovery.

This part will describe the detailed mechanism to recovery of the expenditure to be

incurred by the distribution licensees for each of the measures under the DSM

programme;

(h)

Dispute Resolution Mechanism:

This part will describe an appropriate mechanism to be followed for resolution of

disputes arising during programme implementations stage.

(i)

Monitoring and Reporting:

This part will describe the manner of submission of the monthly and quarterly

monitoring reports to the Commission for DSM programme based on the proposed

monitoring plans embedded in the programme designs. Also describe the proposed

“programme completion reporting mechanism” at the end of the year and also at the

end of the DSM plan.

(j)

Plan for Training /Seminars/Workshops: to create consumer awareness; and

(k)

any other aspects as may be required by the Commission from time to time.

Commission review and approval of DSM programme.

(1)

The Commission shall approve the annual DSM programme alongwith ARR every

year.

(2)

With a view to ensure consistency with the DSM Objectives set out under regulation

3 the Commission may direct modifications to the proposed or on-going programmes:

Provided that the Commission shall allow reasonable time to the licensee to enable it to

notify consumers and others of the programme modification.

Mechanism for Cost Recovery.

(1)

The licensee shall identify the net incremental costs, if any, associated with the

planning, design and implementation of each of the measures included in the DSM programme.

(2)

The licensee shall propose to the Commission, the methodology for recovery of net

incremental costs through tariff or any other mechanism, while preparing the DSM programme

document.

3441

jkti=] fgekpy izns'k] 12 vDrwcj] 2011@20 vkf'ou] 1933

10.

Implementation of DSM programme.

(1)

The licensee shall prepare, plan and undertake implementation of annual DSM

programme in line with the implementation guidelines as may be issued by the Commission from

time to time.

(2)

The licensee shall carry out implementation of activities assigned to it either by

itself or through engagement of appropriate independent entity. While doing so, the licensee shall

ensure that continuity and consistency is maintained and interest of the licensee or that of the

consumers is not compromised.

11.

Monitoring and Reporting of DSM programme.

(1)

The licensee shall prepare, plan and undertake monitoring and reporting of annual

DSM programmes as per guidelines on Monitoring and Reporting issued by the Commission from

time to time.

(2)

Notwithstanding anything in sub-regulation (1), the licensee shall be guided by the

approved monitoring and reporting by the Commission while approving the annual DSM

programme.

12.

Evaluation, Measurement & Verification (EM&V) of DSM programme.

(1)

The licensee shall prepare, plan and undertake evaluation, measurement and

verification of savings from DSM programmes as per guidelines on Evaluation, Measurement and

Verification as may be issued by the Commission from time to time.

(2)

Notwithstanding anything in sub-regulation (1) till such time that the Evaluation,

Measurement and Verification guidelines come into force, the licensee shall evaluate the benefits of

DSM programmes implemented by it based on measurement and verification protocols contained in

the DSM Plan and/or DSM programmes approved by the Commission pursuant to these

regulations.

13.

DSM programme completion report.

(1)

The licensee shall prepare and submit phase-vise Programme Completion Reports

and submit the same to the Commission as per the schedule approved by the Commission.

(2)

The report under sub-regulation (1) shall cover the programme expenses,

achievements, outcome, outputs, experienced constraints and difficulties, conclusions,

recommendations, lessons learned and way forward.

14.

Issue of Orders and Practice Directions.

Subject to the provisions of the Act, the Commission may, from time to time, issue orders,

circulars and practice directions in regard to the implementation of these regulations.

15.

Power to Remove Difficulties.

If any difficulty arises in giving effect to any of the provisions of these regulations, the

Commission may, by general or special order, take suitable action, not being inconsistent with the

Act, which appears to the Commission to be necessary or expedient for the purpose of removing

difficulties.

By order of the Commission,

Sd/-

Secretary.

3442

jkti=] fgekpy izns'k] 12 vDrwcj] 2011@20 vkf'ou] 1933

o vnkyr Jh jktsUnz flag] Hkk-iz-ls-] ftyk n.Mkf/kdkjh] gehjiqj ftyk gehjiqj

ifCyd uksVjh vf/kfu;e] 1956 ds vUrxZr ftyk gehjiqj esa ifOyd uksVjh fu;qDr djus ckjs A

vke turk dks lwfpr fd;k tkrk gS fd Jh tlohj flag Bkdqj] Jh nso jkt dey] rFkk

Jh ds- ,l- jk.kk] vf/koDrkvksa us mi e.My cMlj esa ifOyd uksVjh dh fu;qfDr gsrw vius &2 vkosnu

i= izLrqr fd, gSa] tksfd ekuuh; ftyk l= U;k;k/kh”k] gehjiqj o flfoy tt ¼tqfu;j fMfotu½ ,oe~

tqfMf”k;y eSftLVªsV izFke Js.kh] oMlj ds ek/;e ls izkIr gq, gSa A ifCyd uksVjh mi e.My cMlj]

ftyk gehjiqj esa fu;qDr gksus gSa A

vr% vke turk dks lwfpr fd;k tkrk gS fd ;fn mUgsa mijksDr vf/koDrkvksa dks ifCyd uksVjh

dh fu;fqDr djus esa dksbZ vkifRr gks rks os 14 fnu ds Hkhrj v/kksgLrk{kjh ds U;k;ky; esa viuh vkifRr

is”k dj ldrs gSa rFkk ckn esa dksbZ vkifRr lquh ugha tk,xh A

vkt fnukad 3-10-2011-dks gekjs gLrk{kj o eksgj }kjk tkjh gqvk A

vkns”k }kjk]

ftyk n.Mkf/kdkjh]

ftyk gehjiqj A

&&&&&&&

IN THE HIGH COURT FOR THE STATE OF HIMACHAL PRADE3SH AT SHIMLA

(ORIGINAL COMPANY JURISDICTION)

Coy. Petition No. 3 of 2010

IN THE MATTER OF THE COMPANIES ACT 1956

AND

IN THE MATTER OF

Mrs. Bector's Food Specialities Limited, Theing Road, Phillaur, District Jalandhar,

Punjab-144410 through its director

...Petitioner.

VERSUS

Green valley frozen Foods Ltd., Plot No. 14, Industrial Area, Kala Amb, District

Sirmaur, Himachal Pradesh, through its Managing Director.

...Respondent.

ADVERTISEMENT OF PETITION

Notice is hereby given that a petition for the winding up of the above named

respondent company by the High Court of Himachal Pradesh at Shimla was on the

3443

jkti=] fgekpy izns'k] 12 vDrwcj] 2011@20 vkf'ou] 1933

9th April, 2010 presented to the said Court by the petitioner and that the said petition

is directed to be heard before the Court on the 15th day of November, 2011.

Any creditor, contributory or other person desirous of supporting, opposing the

making of an order on the said petition should send to the petitioner or his advocate

notice of his intention signed by him or his advocate with his name and address, so as

to reach the petitioner or his advocate not later than 5 days before the date fixed for

the hearning of the petition, and appear at the hearing for the purpose in person or by

his advocate. A copy of the petition will be furnished by the undersigned to any

creditor or contributory on payment of the prescribed charges for the same.

Any affidavit intended to be used in opposition to the petition should be filed

in Court, and a copy served on the petitioner or his advocate, not less than 5 days

before the date fixed for the hearing.

Place : Chandigarh

(PUNEET KANSAL) (MONIKA KANSAL)

Advocates

Dated : 01-10-2011

Counsel for the petitioner

168, Sector 11-A, Chandigarh.

&&&&&&&

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