jkti=] fgekpy izns'k
fgekpy izns'k jkT; 'kklu }kjk izdkf'kr
f”keyk] eaxyokj 13 ekpZ] 2012@23 QkYxqu] 1933
fgekpy izns'k ljdkj
NON-CONVENTIONAL ENERGY SOURCES DEPARTMENT
NOTIFICATION
Shimla-2, the 12th March, 2012
No. NES-F(1)-1/2009-I.—The Governor, Himachal Pradesh is pleased to notify the “Policy
for setting up of Micro Hydel Projects upto 100KW” in the State as per Annexure A,B,C and D.
This policy will come into force with immediate effect.
By order,
DEEPAK SANAN,
Principal Secretary(NES).
250&jkti=@2012&13&3&2012 ¼6291½
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POLICY FOR SETTING UP MICRO HYDEL PROJECTS UP TO 100 kW
CAPACITY IN HIMACHAL PRADESH
Ministry of New & Renewable Energy Govt. of India vide Notification No. 16/34/2009-
SHP dated 18-02-2009 has sanctioned a scheme for setting up of Micro hydel projects (up to 100
kW capacity) during 2008-2009 and up to the end of 11th Plan i. e 31st March 2012. The scheme is
likely to continue during the next Plan, Confirmation of the same will be notified separately as &
when received from the MNRE. These Micro Hydel Projects (MHPs) have the potential to meet the
power requirements of remote areas in a decentralized manner. To encourage and accelerate the
development of Micro Hydel Projects in remote and hilly areas, this scheme provides for grant of
Central Financial Assistance (CFA). Till date no specific studies have been taken up for assessing
the potential for the projects up to 100kW but potential of 50 MW has been roughly estimated in
Himachal Pradesh. The policy as given in the paras below has been formulated in order to meet
local demand of remote areas in a decentralized manner and to enable potential developers to avail
Central Financial Assistance to harness micro hydel potential in the state.
1. Identification of sites.—Only self identified sites for Micro Hydel Projects upto 100
kW will be considered for allotment. Applications for allotment will be invited through
advertisement by HIMURJA.
2. Eligibility.—Micro Hydel Projects up to 100 kW will be implemented only by State
Govt. Departments / State Govt. owned or controlled entity/Local bodies/Cooperatives/NGOs
registered under the Societies Registration Act 1860. Every member of a Co-operative Society
/NGO applying under this scheme should be a bonafide Himachali. The bylaws of the concerned
organization should restrict membership accordingly.
2.1 One of the objectives of the applicant society should be development of the hydro
power.
2.2 One applicant shall be eligible for allotment of maximum one project at a time, and
will become eligible for further allotment after commissioning of the first project.
However there will be no limit for allotments to the State Govt. Department / State
Govt. owned or controlled entity.
2.3 The minimum financial capability of the applicant should not be less than Rs.10 lakh
of net worth. In case of a Co-operative/NGO specifically formed to execute such a
project, the net worth of individual members shall be taken into account in computing
the net worth of the applicant. However the allotment will be provisional till the
requisite net worth is demonstrated in terms of actual member’s contribution to the Co-
operative /NGO.
Net worth = Paid up capital + reserves created out of profit /loss account -intangible assets.
Reserves created out of
Net profit after tax (-) dividend to share
holders (-)
Profit / loss account
interest on debentures etc.
Paid up capital
It is the capital generated by the company by way of
equity.
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Intangible assets
Accumulated losses & misc. expenditure (to the extent
not written off or adjusted)
Market value
The value of the assets (land, building, jewellery etc.)
duly approved by approved valuator (latest valuation
certificate to be attached).
Net worth calculation in the case of societies shall be based on following.
(i)
Cash in hand/bank
Name of the bank, nature of account & account
no/FDR No/amount invested/date of maturity (with
proof).
(ii)
Detail of asset owned
Full description of property, purchase price, market
value, detail of title deed, whether free from
encumbrance (land, building and other immoveable
assets) (with proof)
(iii)
Detail of investment, if any
Name of the company/ No of shares/units/bonds etc
with face value/present market value/NSCs jewellery
etc. (with proof).
(iv)
Loan and advances
Loan/Advances given which can be released in
ordinary course (with proof)
(v)
Insurance policies on own
Policy No., amount insured, surrender value, date life
held. of commencement/maturity, annual premium
whether encumbered (with proof)
(vi)
Other assets valued at
Moveable assets, car, security deposits etc with
depreciated cost/market value
complete details and proof thereof.
& unencumbered.
Less:-
(vii) Detail of borrowings
Amount of loans/borrowing, from whom borrowed,
security offered, when payable.
Viii) Details of personal guarantee,
Amount of guarantee given, in whose purpose of
favour, given if any.
guarantee.
ix)
Any other liabilities if any
Give complete details.
x)
Total Income
Copy of IT returns for the last three years to be
enclosed in case of income tax payee.
3.
Cost of application form: Application form and brochure will be available at a non
refundable cost of Rs 2500/- (Rupees two thousand five hundred only) from Himurja Head
Office, Block No -8A, SDA Commercial Complex, Kasumpti, Shimla, 171009. H.P.
Downloaded application forms from web site (www.himurja.nic.in) should be accompanied
with application fee in the shape of a demand draft of Rs. 2500/- (Rupees two thousand five
hundred only) (non refundable) in favour of Director Himurja, payable at Shimla.
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3.1
Earnest money deposit: Every application should also be accompanied with earnest money
of Rs 25,000/- (Rupees twenty five thousand only) in the shape of Demand Draft in favour
of Director Himurja payable at Shimla. The applications of those applicants, who do not
deposit the earnest money along with the application form, will be summarily rejected. The
earnest money shall be refunded immediately to the unsuccessful applicant.
3.2
Security deposit: The successful applicant within one month of the allotment of the project
will have to deposit Bank Guarantee of Rs 4 lakh (Rupees four lakh only) valid for 45
months in favour of Director Himurja to be submitted within one month of issue of
allotment/ consent letter failing which EMD will be forfeited and project will be cancelled.
The EMD already deposited with Himurja shall be refunded on submission of above bank
guarantee within one month of the allotment of the project.
3.3
Processing fee: A non refundable processing fee of Rs. 5,000/- (Rupees five thousand only)
shall be payable by a applicant at the time of submission of application. This shall be in the
shape of Demand Draft in favour of Director, Himurja, payable at Shimla.
3.4
TEC fee: Fees for obtaining TEC will be paid directly to DoE, Govt. of H.P. by the
Developers.
4.
Purchase/ Sale of power: Applications will only be considered if the generation is for
captive or direct third party sale and not if sale to HPSEBL is being sought.
5.
Selection and procedure for allotment: The developer shall submit the documents as per
prescribed format to Himurja. After scrutiny of the PFR a joint inspection of the project site
shall be carried out by representatives of Himurja and Developers. The Micro Hydel
Developer whose project is found viable and not interfering with already allotted /identified
schemes shall be recommended and forwarded to Govt. for the allotment.
6.
Evaluation & preference: The evaluation of the applications shall be done as per the
following order of preference:-
i)
No preference will be given to the applicants who have already submitted their
proposals in Himurja. All the applicants will have to submit fresh application for each
project with requisite fee on the format and complete other formalities mentioned in
the policy.
ii) State Govt. Deptt. /State Govt. owned or controlled entity.
iii) Local Bodies/ Gram Panchayat/ Mahila Mandal/ Yuwak Mandal /SHGs.
iv) Other Co-operative society/ NGO In case of third category above, preference will be
given to the Mahila Mandal, Yuwak Mandal, SHGs registered with RD/FD consisting
of maximum members belonging to the local Panchayat where the project is located. In
case of two or more Societies which have same numbers of members belonging to the
local Panchayat, preference will be given to the society whose financial capability is
higher.
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7.
NOCs and clearances:
7.1
NOC in the shape of resolution of the Gram Sabha for setting up of the project will be
required with the application form along with one copy of Pre- Feasibility Report covering
following parameters:-
Salient features, Elevation Range, Project layout, Hydrology, Power Potential, Surface
Geology, Description of Project Structures/Components and Cost Estimate.
7.2
Govt. of Himachal Pradesh has already exempted NOC from PCB, Fisheries and PWD for
the projects having capacity up to 100 KW vide notification No. MPP-F (10) 15/2006 dated
21-08-2009.The NOC of IPH department, Wild Life Wing of Forest department and Gram
Panchayat will be required.
7.3
Forest clearance, wherever forest land is involved and permission under section-118 of H.P.
Land Reforms and Tenancy Act for purchase of private land will be required.
7.4
Techno- economic clearance to be accorded within two months by Directorate of Energy.
The Techno- economic clearance will look at the following:-
a) That there is no significant loss of potential due to construction of this project.
b) That the Civil and Electro Mechanical works are appropriate from the safety and
sustainability point of view.
c) Plant load factor should not be less than 70%.
7.5
Capacity addition approval Capacity enhancement ( maximum limit 100 KW) if any in the
project report will be decided as per policy of the State Govt. as applicable from time to
time. Prior approval of the Government will be mandatory for enhancement of capacity.
(a) As a measure of optimization maximum installed capacity of the project will remain up
to 100 KW after enhancement if so required which shall be admissible without
payment of any capacity addition charges but the developer will have to sign
Implementation Agreement/ Supplementary Implementation Agreement on this
account.
(b) The project will be cancelled in case it is found at any stage that a larger capacity
project exceeding 100 KW is viable at this site.
7.6
No change of elevations after allotment shall be allowed beyond ± 10%.
7.7
The Micro Hydel Developer shall ensure minimum flow of 15 % water immediately
downstream of the diversion structure of the project throughout the year. For the purpose of
determination of minimum discharge, the average discharge in the lean months i.e. from
December to February shall be considered.
8.
Milestones:-Following milestones shall be achieved by the Micro Hydel Developer failing
which consequential action as mentioned against each milestone will be taken by Himurja.
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Sr.
No
Milestones
Time period
Extension /consequential action
1.
Submission
of
project report on the
basis
of
available
discharge
data
of
lean season.
Within six months
from the date of
issue of consent
letter. TEC will be
accorded
by
Directorate
of
Energy.
The prescribed period is extendable by
maximum of four months subject to
payment of extension fee of @ Rs. 10/-
per KW per month. In case the Micro
Hydel Developer fails to submit the
project report with in extension period
the allotment of the project shall stand
cancelled.
2.
Signing
of
Implementation
Agreement
with
Himurja.
Within one month
of obtaining TEC.
The prescribed period is extendable by
maximum of four months subject to
payment of extension fee of @ Rs. 10/-
per KW per month. In case the Micro
Hydel Developer fails to sign the IA
with in the extended period the project
shall stand cancelled.
3.
Obtaining statuary
clearances /NOCs.
Within one year
of signing of IA.
The prescribed period is extendable by
maximum of six months subject to
payment of extension fee of @ Rs. 10/-
per KW per month. In case the Micro
Hydel Developer fails to obtain the
clearances with in the extended period
the project shall stand cancelled.
9.
Royalty: The royalty rate shall be 6 % , 15% and 24 % (6 % for first twelve years, 15% for
next 18 years & 24 % for remaining period of 10 years) charged from the Micro Hydel
Developer (except when owned by concerned Gram Panchayat) which should be payable to
the local Panchayat instead of H.P. Govt. If the project falls in more than one Panchayat, the
royalty will be shared between the Panchayats in proportion to the project area (weir site to
Tail race site) falling in that particular Panchayat.
10.
Procedure for availing CFA from MNRE, GoI: - The Central Financial Assistance for
Micro Hydel Projects will be provided by MNRE, GoI as per prevailing policy at the time
of signing of Agreement. This policy shall be valid for such period for which CFA (Central
Financial Assistance) is available from MNRE.
11.
Pattern for release of CFA: The Ministry for New & Renewable Energy will examine the
proposals for setting up of Micro Hydel Projects and approve grant of CFA on the basis of
overall technical viability of the proposal, its social benefits and availability of funds. The
CFA shall be released through State Nodal Agency (SNA) Himurja , which will released as
per following pattern on submission of bank guarantees as specified against each and will
be released immediately after commissioning of the project :-
Sr.
No.
Release of CFA
% of
CFA.
Amount
of
bank
guarantee required as
% of CFA
1.
Release of 1st installment of CFA after receiving 25 %
CFA from MNRE and after obtaining all clearances.
10 %
Equivalent to 5% of
total CFA, that will be
valid till one month
after COD.
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2.
Release of 2nd installment of CFA on achievement of
15% physical progress on ground on Cutting and
Excavation for all civil components of the project and
submission of their physical and financial progress
reports, photographs, utilization certificates & SOE on
project cost.
15 %
Additional
BG
of
7.5% of total CFA that
will be valid till one
month after COD.
3.
Release of 3rd installment of CFA after receiving 65%
CFA from MNRE and on achievement of 50 %
physical progress on civil works of the project
including supply of penstock to the site of work and
placement of orders for E & M equipment and
submission of their physical and financial progress
reports, photographs, utilization certificates & SOE on
project cost.
50%
Additional BG of 25%
of total CFA that will
be valid till one month
after COD
4.
Release of 4th installment of CFA on achievement of
90% physical progress on civil works of civil works of
the project and delivery of E & M equipment at site
and submission of their physical and financial progress
reports, photographs, utilization certificates & SOE on
project cost.
15%
—
5.
Release of 5th and final installment after receiving
balance 10% of final installment of CFA from MNRE
and successful commissioning of the project and
submission
of
completion
report,
photographs,
utilization certificates & audited SOE of total project
cost.
10 %
—
A minimum contribution of 10% of project cost shall be met by the Micro Hydel Developer.
All the expenses, over & above the CFA , for execution of Micro Hydel projects including
cost escalations, if any, will be met /borne or arranged by the Micro Hydel Developer. In
case of default, the developer will be bound toreimburse CFA released with interest at
market rate.
12.
Completion time: The installation of Micro Hydel project must be started within one
month of release of first installment of CFA and completed/commissioned within 18 (
eighteen) months. In case of default, the released amount of CFA has to be refunded to the
Ministry along with interest accrued on CFA.
13.
Mode of operation: The Micro Hydel Developer will be permitted to establish, own,
operate and maintain the project for a period of 40 (fourty) years and the date shall be
reckoned after 18 months from release of first installment of CFA. Thereafter the project
shall be handed over to Gram Panchayat(s) free of cost and free from all encumbrances.
14.
Forfeiture of Security Deposit : If the Micro Hydel Developer does not take effective
steps to undertake survey & Investigation & preparation of project report and requisite
clearances in the time-bound manner, the allotment shall be cancelled (except to the force
majeure condition) and his security deposit shall be forfeited.
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15.
Force Majeure:
15.1 For the purpose of this agreement, “Force Majeure” shall mean an event which is
unforeseeable, beyond the control of the Micro Hydel Developer (second party) and not
involving the second party fault or negligence. Such events may include, war, civil war,
insurrection, riots, revolutions, fires, floods, epidemics, quarantine restrictions, freight
embargoes, radioactivity and earthquake, cloudbursts, land slides and excessive snow etc.
15.2 If a force majeure situation arises, the second party shall promptly inform the first party in
writing of such conditions and the causes thereof. Unless otherwise directed by the Govt. of
H.P./Himurja (first party) in writing, the second party (developer) shall continue to perform
its obligations under the agreement, as far as is reasonably practical, and shall seek all
reasonable alternative means for performance, not prevented by the force majeure event.
15.3 In the event the second party is rendered unable to perform any obligation required to be
performed by it under this agreement by Force Majeure, the particular obligation shall, upon
information to the other party be suspended for the period of Force Majeure. The time for
the performance of the relative obligations suspended by Force Majeure shall be extendable
by the period of delay which is directly attributable to Force Majeure.
16.
LADF: - LADF shall not be applicable under this scheme as the royalty from the project is
to be paid to the local panchayat(s).
17.
Micro Hydel Developer shall have to ensure 70% employment to bonafied Himachali
whose names are registered on live register of any Employment Exchange located in the
State of Himachal Pradesh, in respect of all the unskilled/skilled staff and other non-
executives as may be required for execution, operation and maintenance of the project,
through the local Employment Exchanges or from other than such live register from
anywhere within the State who are bonafied Himachali.
18.
Intentional suppression of potential and fragmentation of the stream/Nallah shall not be
allowed and shall result in rejection of the application.
19.
H.P Govt. reserves the right to reject any or all applications without assigning any reason(s).
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Annexure-A
Abbreviations used in policy for setting up Micro Hydel Projects up
to100 KW capacity
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Annexure-B
Application Format for Micro Hydel Projects up to 100 KW.
(To be filled by the applicant)
1.
Whether the applicant is State Govt. Departments / State Govt. Owned /Controlled entity /
Local bodies/Co-operatives /NGOs.
2.
Full Name of applicant:
3.
Registered Office address:
4.
Telephone No:
5.
Fax No:
6.
Detail of applicant organization:
i)
Copy of registration certificate:
ii) Memorandum of articles of association or bye laws:
iii) Brief History of operation since inception:
iv) Present activity:
7.
Name and address along with Telephone No of the president/ Head & contact person of the
organization:
8.
Has your organization applied earlier to Himurja for allotment of projects? If yes:
i)
Name of the project(s):
ii) Brief status of project:
9.
Detail of project applied:
i)
Project Name:
ii) Capacity:
iii) Name of Panchayat (s) where the project is located:
iv) Elevation:
Power House:
Weir Site:
Tail race
v) Stream:
vi) Basin:
vii) District:
viii) Evacuation point proposed:
ix) Name of projects already allotted upstream/down stream of the proposed site:
x) Layout plan:
xi) Project site photographs.
10.
Has the site of the project applied for been visited by the engineer/consultant of the
organization and has the location of site been clearly identified and marked:
11.
What is the estimated?
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Capacity of the project and PLF proposed:
12.
Whether applicant intend to use generated power as:
i)
Captive power:-
ii) Third party sale:-
13.
Experience detail of organization:
i)
Has your company worked in hydro electric projects:
ii) What is the maximum capacity?
Of hydro electric projects you have handled so far:
14.
Financial capability details of applicant organization:
Audited balance sheet for last three years:
15.
The application form must be complete in all respect supported with the requisite
documents and accompanied with the following:-
i)
Cost of application form of Rs 2,500/-(Rupees two thousand five hundred only) (Non
refundable): In case the application form is downloaded from web site :
ii) Earnest Money Deposit of Rs 25,000/-(Rupees twenty five thousand only):
iii) Processing Fee of Rs 5,000/- (Rupees five thousand only) (Non refundable):
in shape of Demand Draft (s) payable at Shimla in favour of Director Himurja Shimla-
171009.
16.
Any other information:
Note: - Following documents are to be attached with application:-
i)
One copy of Pre Feasibility Report covering following parameters:-Salient feature,
Elevation range , Project layout, Hydrology, Power potential, Surface Geology,
Description of project structures/components, Cost estimate.
ii) Gram Sabha NOC for setting up of the project.
iii) Commitment of funds to meet the balance project cost.
iv) Proof of land availability required for the project.
v) Audited balance sheets of the applicant for last three years.
vi) Certified copy of the registration certificate.
vii) Memorandum of articles of association or Bye laws.
viii) Proof of bonafide Himachali and list of members and their addresses:
ix) Proof of financial capability.
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ANNEXURE-C
1.
PROJECT REPORT FINALISATION:
The Micro Hydel Developer shall submit a comprehensive project report to Himurja
prepared by a reputed consultant within six months of issue of this letter along with the
credential of the consultant. The project report should include measurement & calculations
so as to accurately establish the location of the project features, without changing allotted
elevations, as well as refining the design discharge leading to a proposed Installed Capacity,
as firmed up during joint inspection of the project site by representative of Himurja and
Micro Hydel developer.
2.
CAPACITY ADDITION APPROVAL :
Capacity enhancement ( maximum limit up to 100 KW) if any in the project report will be
decided as per policy of the State Govt. as applicable from time to time. Prior approval of
the Government will be mandatory for enhancement of capacity.
(a) As a measure of optimization maximum installed capacity of the project will remain
upto 100 KW after enhancement if so required which shall be admissible without
payment of any capacity addition charges but the developer will have to sign
Implementation Agreement/ Supplementary Implementation Agreement on this
account.
(b) The project will be cancelled in case of it is found at any stage that a larger capacity
project exceeding 100 KW is viable at this site.
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3.
SECURITY (REFUNDABLE) :
The successful applicant will have to submit security deposit in the shape of Bank
Guarantee of Rs 4 lakh (Rupees four lakh only) valid for 45 months in favour of Director
Himurja to be submitted within one month of issue of allotment/ consent letter failing which
EMD will be forfeited and project will be cancelled. The EMD already deposited with
Himurja shall be refunded on submission of above security deposit/bank guarantee within
one month.
4.
The developer or his agents shall carry out the requisite detailed investigations and techno
economic studies of the project and shall submit a Project Report to HIMURJA within a
period of 6 months from the date of issue of this consent letter.
5
Following milestones shall be binding on the developer:-
Sr.
No.
Milestones
Time Period
1.
Submission of Project Report.
Within 6 months from the issue of consent letter. On
the request of the developer extension in time for
submission of project report PR will only be given
upto 4 months beyond 6 months after issue of consent
letter for valid reasons after charging requisite fee as
mentioned in clause 8 of the policy on MHEP up to
100 KW.
2.
Obtain
Techno-Economic
Clearance
(TEC)
from
Government/
Director
of
Energy.
The Techno-Economic Clearance (TEC) shall be
accorded by Directorate of Energy Govt. of H.P.
within two months from the date of receipt of the
project Report.
3.
Signing of IA
Within one month of accordance of TEC or within 9
months after issue of consent letter (excluding
extension if any) whichever is earlier, developer will
give request for signing IA.
6.
The developer shall stick to the time schedule for the investigation of the project and
submission of the project report. In the event of the developer being unable to submit the
project report within 6 months from the date of issuing this consent letter, the developer can
seek extension in time beyond 6 months for submission of project report for valid reasons.
Maximum extension of 4 months shall be granted to the applicant for submission of PR
with extension fee @ Rs. 10/- per KW ( non refundable) per month for 4 months. The
extension fees shall be submitted to Director, Himurja in shape of D. D payable at Shimla.
Request for extension in time period accompanied with extension fee should be given one
month before expiry of stipulated period.
7.
Project Report submission date shall be reckoned only after it has been found that the report
is in conformity with H.P. Govt. Policy upto100 KW MHEP within allotted/approved
elevation & stream. The reports and studies shall be prepared by reputed consultants who
have experience of handling the complete task of geological & hydrological investigation,
construction, erection, commissioning and operation of hydroelectric projects. Complete
details of the consultants and their experience shall be included in the PR or annexed
therein.
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8.
HIMURJA, on the receipt of Project Report (PR), will scrutinize the PR from the angle of
technoeconomic viability of the project as well as optimum utilization of the potential. After
its scrutiny the HIMURJA will forward the PR to Director of Energy., for accordance of
TEC. During examination of PR HIMURJA/ Director of Energy., may point out the defects
and deficiencies affecting the techno economic viability. Developer is expected to make
good the defects promptly and remove the defects or deficiencies, as pointed out by the
HIMURJA/ Director of Energy, within 30 days from the dispatch of the communication.
The developer will obtain Techno Economic Clearances (TEC) from Director of Energy.,
within two months from the date of submission of PR.
9.
If the performance of this consent or of any obligation of developer is prevented, restricted
or interfered with for any reasons of; fire, explosion, epidemic, cyclone, earthquake, flood,
unforeseen natural calamity, war, revolution, requirement of any Government or any sub-
division authority or representative of any such Government in respect of the aforesaid
conditions, or any other act whatsoever, whether similar or dissimilar to those enumerated,
beyond the reasonable control of the party hereto; the party so affected upon giving prompt
notice to other party shall be excused from such performance to the extent of such
prevention, restriction of interference for the period it persists provided that the party so
affected shall make its best efforts to avoid or remove causes ofnon- performance, if
possible, and shall continue performance hereunder with the utmost dispatch whenever such
causes are removed. If the force majeure such as war, civil war, insurrection,
riots,revolutions, fires, floods, epidemics, quarantine, restrictions, freight embargoes,
radioactivity, earthquakes, cloudbursts, landslides and excessive snow persists for
continuous period of the consent letter or more, the parties shall meet and decide about the
further course of action.
10.
In case the developer does not find the Project to be feasible from techno-economic
considerations or from any other aspect, the developer shall hand over to the HIMURJA all
the Project Reports and any other connected documents etc. as may have been collected
and/or prepared by the developer during the course of investigations.
11.
The Government after having concluded that the Project is techno-economically viable may
enter into an Implementation Agreement with the developer within two months of
accordance of TEC or within 9 months after issue of consent letter ( excluding extension if
any ) whichever is earlier. Developer will give request for signing IA for the execution of
project on terms and conditions in accordance with the policy on MHEP upto 100 KW read
with various amendments in it notified from time to time.
12.
This consent shall be restricted within the approved parameters of this consent letter i.e. to
utilize water of …………. Khad/ Stream in elevation range between EL …………m to
EL ………m (i.e. Diversion weir to Tail race) on ……………. Bank, on which this
project is envisaged unless otherwise approved by the H.P. Government. The H.P. Govt.
shall be at liberty to cancel the consent if any violation on this account is discovered at a
later stage.
13.
The developer shall have to obtain the following NOCs and clearances from different
Departments and furnish the same at the time of submission of the Project Report or earlier:
1. NOC from I&PH & Revenue Department- stating that the proposed Projects does not
infringe with the drinking and irrigation rights of the local inhabitants and of the
ownership of traditional water mills i.e. Gharats.
2. NOC from the Gram Panchayat.
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3. NOC from Wild Life.
14.
NOCs from different Departments shall be furnished in original to the HIMURJA. The
developer is required to furnish an affidavit, on Rs. 5/- stamp paper duly notarized, to the
effect that all the conditions in the NOCs obtained from the different Departments and
Gram Panchayat shall be abided by them, incase an IA is signed with the developer later on.
15.
The receipt of this communication and acceptance of consent conditions aforesaid will be
acknowledged within one month and the affidavits and security charges within one month
from the date of issue of this letter. In case, developer confirmation is not received or
security, and other relevant essential documents, not deposited by the due date it shall be
presumed that developer is not interested in taking up the project and consent shall be
treated as withdrawn.
16.
ROYALTY
In the event of this project being awarded to you for implementation, a separate agreement
called Implementation Agreement shall be executed for supplying the royalty on water
usages in shape of free power royalty (Energy) as per the following rates or therates
applicable as per policy of the State Govt. at the time of signing of Implementation
Agreement.
For captive consumption or third party sale the concessional royalty rates shall be 6%, 15%
and 24% (6% for first 12 years, 15% for next 18 years and 24% for remaining period of to
10 years).
17.
No LADF will be applicable under this scheme.
18.
TRANSFER OF PROJECT TO SUBSIDARY GENERATING UTILITY :
18.1 The project can not be divested to Himachali / Non Himachali at any stage.
The developer may use or sell the energy in the following manner:- The project developer
will make captive use inside the State or make third party sale for which the developer shall
enter into suitable agreement for transmission of power with concerned entities.
19.
Alongwith the acceptance letter of the consent, the following shall also be furnished by the
developer: “An affidavit on a stamp paper of Rs.5/-only (duly notarized) to the effect that
not more than three projects (including this project) are under execution with the developer
in theState”. and no other up to 100 KW project is allotted to the developer.
20. Other conditions of Micro Hydel Power Policy 2012 upto100KW read with
amendments to the same notified from time to time shall be applicable.
21.
HIMURJA/ H.P. Government shall provide necessary assistance in obtaining clearances at
State level.
22.
This consent letter is being issued in lieu of MOU and no separate MOU shall be signed by
the government.
23.
This consent letter is being issued under the orders and authorization of Deptt. of Non-
Conventional Energy Sources, Govt. of Himachal Pradesh.
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24.
Security charges are to be deposited within one month from the date of consent letter falling
which the project is liable to be cancelled.
25.
In case at any stage it is found that this Micro hydro Electric Project is prejudice to overall
optimum development of the river, the government reserves the right to cancel the allotment
of the project without any liability/limitations.
26.
The PR of the project is to be completed within the specified time i.e. 6 months (excluding
extension of 4months) failing which project shall stand cancelled.
27.
The State Government and the local right holders shall have the right over use of water for
irrigation and drinking water supply.
28.
The Govt. reserves the right to modify, delete or add any of the conditions, criteria, at its
own discretion and shall be at liberty to withdraw the consent if at a later stage it is found
that some information has been suppressed or false information has been supplied by
developer about the project.
Note:
(1) The PR shall clearly bring out the percentage potential utilization of the site and it
would be preferable if the PR demonstrates that the proposal shall lead to more than 75
% of the potential utilization of the site in a 75% dependable year.
(2) Capacity firmed up in the PR shall be treated as final subject to approval from
Government in case of enhancement for according TEC and signing of IA.
In case of default of any of the time frame and/or conditions of this consent letter, the
Government shall be at liberty to withdraw the consent and forfeit the security and the
project can thereafter be granted to other suitable party.
Himurja and H.P. government welcome, you to the fraternity of developers engaged in the
infrastructural development of the State and reiterate its commitment to facilitate entrepreneurs in
the State for over all growth and development, and wish your project all the success.
Two copies of Consent Letter are being issued, it is requested that one copy of the original
consent letter be returned to this office as a token of acknowledgement please.
Yours faithfully,
Director,
HIMURJA, Urja Bhawan,
Kasumpti, Shimla-171009.
________
ANEXURE-D
IMPLEMENTATION AGREEMENT
FOR
MICRO HYDRO ELECTRIC PROJECT ( KW)
DISTRICT, HIMACHAL PRADESH
THIS IMPLEMENTATION AGREEMENT executed on the ______ day of the month of
_________, 2012 (Two Thousand Twelve) BETWEEN THE GOVERNOR, HIMACHAL
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PRADESH through the Special Secretary (NES), to the Government of Himachal Pradeshcum-
Chief Executive Officer, HIMURJA, having its office at Block 8-A, URJA Bhawan, SDA
Complex, Kasumpti, Shimla (H.P.)-171009, (hereinafter referred to as the "First Party") which
expression shall unless repugnant to the context or meaning thereof include its successors, assigns
and legal representatives of the FIRST PART;
AND
M/s ___________, a Gram Panchayat/Local Bodies/Government Agencies/Government
Controlled Entity or Co-operative Societies/ NGOs registered under the provisions of Societies
Act., 1860/2010; having its Registered/Head Office at___________ and office in Himachal Pradesh
at ____________ (hereinafter referred to as the "Second Party") which expression shall, unless
repugnant to the context or meaning thereof, include its successors, administrators and assigns,
through Mr. _________________, who is duly authorized by the competent authority of the
Company vide authority letter/resolution No. ____, dated _________, to execute this Agreement, of
the OTHER PART.
WHEREAS the First Party in accordance with the policy guidelines of the Government of
Himachal Pradesh (hereinafter referred to as "GOHP") had issued Consent Letter on ___________
(APPENDIX"A") with the Second Party to carry out detailed investigations of the _________
Micro Hydro-electric Project of _______ KW capacity and located in District __________,
Himachal Pradesh (hereinafter referred to as "Project") and Second Party has submitted, within the
stipulated period from the date of issuing of Consent Letter, a Project Report (PR); and
WHEREAS the Second Party has carried out necessary detailed investigations for the
Project and submitted a PR for _______ KW project capacity to the First Party and both the parties
have satisfied themselves about the techno economic feasibility of the Project; and
WHEREAS the competent authority has accorded Techno Economic Clearance (TEC) to
the project for ______ KW capacity vides their letter No. _____________________________,
dated ___________; and
WHEREAS the First Party has approved enhancement of capacity from ______ KW to
_____ KW and change in elevations from ± ______ M to _______ M to ± _______ M to _____ M
and the decision conveyed vide letter No. _____________________, dated ____________; and
WHEREAS it is deemed necessary and expedient to enter into a detailed agreement
between the parties hereto incorporating the terms and conditions of this agreement arrived at for
the implementation of the Project; and
NOW THEREFORE THE PARTIES DO HEREBY AGREE AND AFFIRM HEREUNDER
AS FOLLOWS:-
1.
STATEMENT OF IMPLEMENTATION OF PROJECT :
Both the parties agree that the Project shall be implemented, subject to the terms and
conditions mentioned in this Agreement.
2.
DEFINITIONS. -
2.1
In this Agreement, the various terms shall have the following meanings, except where the
context otherwise requires, definitions and other terms expressed in the singular shall also
include the plural and vice versa, namely:-
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(a) "agreement" shall mean this agreement together with all its appendices and annexures
and any amendments thereto made in accordance with the provisions herein contained;
(b) "concession period" shall mean the duration for which the First Party allows the
Second Party to build, own and operate the Project.;
(c) "commercial operation date" (COD) shall mean the date on which Second Party
synchronizes the First unit of the Project with the grid;
(d) "construction schedule" means the schedule of construction attached as “APPENDIX-
B”;
(e) "contractor" means any person, firm or body corporate engaged by the Second Party
for the implementation of the Project;
(f) "deliverable energy" shall mean the electrical energy generated by the project, as
measured at the interconnection point;
(g) "effective date" means the date on which this agreement is signed by the parties hereto;
(h) "energy/power" shall mean the electrical energy/power in Kwh/MW;
(i) "force majeure" shall have the meaning as described thereto in Clause 15.2 hereunder;
(j) "Implementation of project" shall mean an act to establish, own, operate and maintain
the Project;
(k) "HIMURJA" means the Himachal Pradesh Energy Development Agency;
(l) "Inter-connection Point" shall mean the physical touch point(s) where the Project’s
_________ kV Single Circuit dedicated line is connected to the HPSEB Ltd./HPPTCL
_____________ kV Sub-Station at __________, District ___________ (H.P.) and shall
be at the cost of developer; as per Clause-______ of TEC.
(m) "month" shall mean the English Calendar month;
(n) "permanent works" means the permanent works forming part of the Project and shall
include housing facilities for staff to be engaged for operation and maintenance of the
Project;
(o) "plant" shall mean imported and indigenous machinery, equipment, spares and other
items required for and which form part of the permanent works of the Project;
(p) "Wheeling Agreement(s)" shall mean the agreement(s) to be signed between the
Second Party and HPPTCL/HPSEB Ltd/concerned party (ies) as per Clauses 12.2 &
12.3 hereunder;
(q) “Project Affected Areas” shall mean areas/ villages surrounding/ falling in the
catchment/ watershed areas extending from the Reservoir/Diversion Weir to the Tail
Race of the Project;
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(r) "project cost" shall mean the actual capital expenditure on the Project incurred upto the
completion of the Project including all costs incurred by the Second Party in
complying with the terms of this Agreement, unless mentioned otherwise, but not
exceeding the approved Project cost in the PR as per techno economic clearance
accorded by the competent authority, as the case may be. Where the actual expenditure
exceeds the approved Project cost, the excess expenditure as approved by the
Competent Authority shall be deemed to be part of the actual capital expenditure;
(s) "scheduled commercial operation date" shall mean the date by which the Second Party
shall start generating power in case of captive use or have synchronized the first unit of
the Project with the Grid as per the Construction Schedule; in case of third party sale.
(t) "site" shall mean the site of Project appurtenances, generating Plants including land,
waterways, roads and any rights acquired or to be acquired by Second Party for the
purposes of the Project;
(u) "State" shall mean the State of Himachal Pradesh;
(v) "temporary works" means all temporary works of any kind required in connection with
the execution of the works of the Project and not forming part of permanent works; and
(w) "works" means all works inclusive of the temporary works and permanent works
including design, engineering services, supplies and other work activities required and
necessary for the completion of the Project;
(x) “competent authority” will be the Director Energy, the Government of Himachal
Pradesh or such entity as may be notified in this behalf by the Government of HP from
time to time.
2.2
Any term used in this agreement but not defined under this Clause shall have the same
meaning as assigned to it under the Electricity Act, 2003.
3.
SECURITY CHARGES :
And whereas the Second Party has furnished refundable Security Deposit (SD) within one
month of the allotment of the project to deposit Bank Guarantee of Rs. 4 lakh (Rupees four
lakh only) valid for 45 months in favour of Director Himurja to be submitted within one
month of issue of allotment/consent letter failing which EMD will be forfeited and project
will be cancelled. The EMD already deposited with Himurja shall be refunded on
submission of above bank guarantee within one month of the allotment of the project.
4.
GRANT OF PROJECT CONCESSION BY STATE GOVERNMENT :
4.1
The First Party agrees to permit the Second Party, for the project _________(____ KW)
capacity, to establish, own, operate and maintain the Project for a period of 40 (forty) years
and the date shall be reckoned after 18 (eighteen) months from the date of the signing of the
Implementation Agreement or from the date till which extension in SCOD is granted by the
First Party. After the expiry of the Implementation Agreement period of 40 (forty) years, the
project shall revert to the First Party free of cost and free from all encumbrances. However,
the First Party would have the option to grant a further extension for a period mutually
agreed upon between the First Party and the Second Party after re-negotiations of terms and
conditions of the already signed Agreement.
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4.2
The Project assets would be maintained by the Second Party in a condition that would
ensure a residual life of the project at the rated capacity for at least concession period.
During the 10th, 20th, 30th & 35th years of operations, the First Party or one of its
appointed agencies would carry out a mandatory inspection of the Project site to ensure that
the Project assets are maintained to the required standards to ensure the specified generation
capability and residual life of the plant.
If such inspections find that the project capacity and/or life are being undermined by
inadequate maintenance, the First Party shall be entitled to seek remedial measures from the
Second Party. If the Second Party fails to comply with the requirement, the First Party
would have the right to take over the commercial operation of the project and shall have full
right upon the sale of power including Second Party share. The cost on account of
suggestive remedial measures shall be deducted from the sale of Second Party’s share of
metered power including theoperation & maintenance cost for such a period till the
project’s assets are restored to the requisite standards to ensure the specified generation
capability and residual life of the Project as specified above. Thereafter, the Project shall be
handed over to the Second Party.
5.
STARTING DATE OF PROJECT.-
5.1
Within twelve months from the effective date of signing of this agreement, the Second Party
shall start the construction of the Project after meeting the following major requirements,
namely:-
a) Obtaining statutory/non-statutory clearances listed below:-
i)
I&PH
ii) Wild Life
iii) Revenue Department to the effect that project does not interfere any irrigation or
traditional water mills rights iv) Forest Land Clearance
v) Private Land Transfer (Permission under Section 118)
b) Obtaining the resolution of ‘No Objection” from concerned Gram Panchayat(s)
c) Finalize wheeling Agreement(s) ;
d) Such other clearances as may be specified by the First Party subsequent to the signing
of this Agreement.
Extension in this period, which is not due to force majeure reasons, can be allowed on
payment of an extension fee of 10/- per KW per month. However, maximum extension in
this case shall be upto 6 (six) months only.
5.2
HIMURJA shall monitor the progress of the Project periodically and shall also monitor the
progress of steps taken/being taken by the Second Party for obtaining the statutory/non-
statutory clearances mentioned in Clause 5.1 above. The Second Party shall be required to
obtain these statutory/non-statutory clearances from the concerned department & Gram
Panchayat(s) after paying the prescribed fee fixed by these departments and commence the
construction work within the time frame specified in Clause 5.1 above. At the end of each
quarter, the Second Party shall be required to submit quarterly progress report to the First
Party. The first party will be at liberty to cancel the Implementation Agreement (IA), after
affording due opportunity to the Second Party, in case the First Party is not satisfied about
the progress made by the Second Party.
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6.
CAPACITY ADDITION :
6.1
If the Second Party enhances the capacity of the project to a maximum of 100 KW at any
stage then prior approval of the First Party will be mandatory for enhanced capacity without
any charges.
6.2
Second Party shall have to deposit processing fee afresh and deposit security charges for
signing of Supplementary Implementation Agreement (SIA) on accountof enhanced
capacity at the rates applicable at the time of signing of SIA.
7.
TERMINATION OF AGREEMENT :
7.1
In the event of stoppage of construction on the main Project components by the Second
Party for a period of more than three months for reasons not covered under force majeure
and for reasons attributable to the Second Party, the First Party shall, after giving due
opportunity to the Second Party, have the right to terminate this Agreement. In such event,
the Performance Guarantee, furnished by the Second Party in the shape of Demand Draft as
per Clause 3 of the agreement, shall stand forfeited and the Site shall revert to and shall vest
in the First Party without any compensation. Notwithstanding any vestment in the First
Party under this clause, the Second Party shall be liable to pay all the dues owed to the First
Party by the Second Party in pursuance to this agreement.
7.2
During the operation of the Project, the Second Party shall ensure free energy to the First
Party as per Clause 12.1 hereafter. In the event of the First Party (i) not being able to
provide free power as per Clause 12.1 to the First Party for reasons otherthan transmission
failure, or (ii) abandons the Project, the First Party shall have the right to terminate this
agreement after serving a notice to the Second Party.
8.
LAND :
8.1
The First Party shall acquire, at the request and expense of the Second Party within the
provisions of Land Acquisition Act., 1894, such private lands within the State of Himachal
Pradesh as may be required by the Second Party and as considered appropriate by the First
Party for the implementation of the Project. The Second Party shall also be allowed to
acquire such land through direct negotiations with the owners in accordance with the
prevailing laws, rules and regulations in the State.
8.2
Land whether private or Government except for permanent structures relating to the Project
such as water conductor system, power houses building, switchyard area etc. shall be taken
only on lease basis at the rates approved by the Government forthe agreement period. The
First Party shall acquire the land for the permanent structures by invoking the compulsory
provisions under the Land Acquisition Act, 1894 in order to expedite the execution of
Projects.
8.3
The First Party shall arrange for the short term lease for a period as per the actual
requirement not exceeding five years, of Government land required by the Second Party for
temporary works for the construction of the Project as consideredappropriate by the First
Party on such terms, conditions and rates as may be prescribed/fixed by the Government
from time to time.
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9.
PROTECTION OF ENVIRONMENT :
9.1
The Second Party shall make suitable financial provisions in the Project Cost for the
Catchment Area Treatment Plans, if required and as may be determined by the GOI,
MOEF/State Government. The cost involved on this account shall be paid by the Second
Party to the First Party.
9.2
The Second Party shall be responsible to maintain ecological balance by preventing
deforestation, water pollution and defacement of natural landscape in the vicinity of works
area. The Second Party shall take all reasonable measures to prevent any unnecessary
destruction, scarring or defacement of the natural surroundings in thevicinity of the Project.
9.3
The Second Party shall give an undertaking to the Fisheries Department of the of the local
area that wherever feasible, rearing of fish shall be promoted by the Second Party in
consultation with Fisheries Department in the project area at the time of final
implementation of the Project.
9.4
The Second Party shall ensure that the material excavated from the site shall be dumped in
the area duly approved by the Ministry of Environment & Forests, theGovernment of
India/State Pollution Control Board.
9.5
In case any existing facilities such as irrigation, water supplies, roads, bridges, buildings,
communication systems, power systems and water mills are adverselyaffected because of
the implementation of the Project, the cost of replacementthereof or of the remedial
measures, as the case may be, shall be included in the Project cost. Though such facilities
shall be mutually identified, listed and finally fixed within four (4) months of signing of this
Agreement, the Second Party shall be responsible to make good the loss or provide remedial
measures as are necessary even during Implementation of the Project. The Second Party
shall not interfere withany of the existing facilities, till alternate to the facility as is finally
decided for replacement, is not created.
9.6
The Second Party, ‘if ROR Project, shall ensure minimum flow of 15% water immediately
downstream of the diversion structure of the Project throughout the year. For the purpose of
determination of minimum discharge, the threshold value of not less than 15% of the
minimum inflow observed in the lean seasons shall be considered. This minimum discharge
is required keeping in mind the serious concerns of the State Government on account of its
fragile ecology & environment and also to address issues concerning riparian rights
drinking water, health aquatic life, wild life, fisheries, silt and even to honour the sensitive
religious issues like cremation and other religious rites etc. on the river banks”.
9.7
The Second Party shall ensure that the water requirement for construction of the Project
including domestic needs for its residential colonies be arranged and harnessed by them
from the river sources only and the local sources of water supply shall not be disturbed.
9.8
The First Party shall have the right for withdrawal of water from the river course for
consumptive use by pumping or by gravity for the purpose of potable water supply and
irrigation to the affected villagers.
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10.
REHABILITATION/ RESETTLEMENT:-
The Second Party shall prepare Rehabilitation and Resettlement Plan as per model R&R
plan annexed to this agreement for people residing at site as on the effective date and likely
to be adversely affected or displaced due to construction of the Project.
11.
EMPLOYMENT TO HIMACHALIS
The Second Party shall ensure to employ at least seventy percent of its total manpower,
employed whether on regular /contractual/ Sub contractual/ daily basisor employment
through any other mode from amongst the bonafide Himachalis at all levels in “A’ ‘B, &
‘C, category of Blocks respectively. The employment condition shall not be applicable to
Projects employing only one employee, locatedanywhere in the State and in the self
employed ventures where the owner is running the unit without employing any manpower.
In case of violation of this condition at any point of time during the period of construction
of the project and during operation & maintenance of the project, the Second Party shall be
penalized and the Second Party shall be liable for further stringent action, including refusal
of accepting supply by HPSEB Ltd./any other licensee from the commissioned projects.
Labour Department will monitor the employment position at site as per the provision of
Industrial Act. Any violation noticed by Labour Department or HIMURJA will be
communicated to the Second Party for rectification. If the Second Party fails to rectify the
same within three months, penalty @ 10/- per KW for each percentage of shortfalls of
violation shall have to be paid by the Second Party. If the violation is repeated for 6 months
the penalty amount shall be doubled.
The Second Party shall be required to provide mandatory employment related information
to the Labour Department of the Himachal Pradesh Government aswell as concerned
HIMURJA’s Project Officer on the lines of instructions issued by the First Party in this
regard within one month of signing of the IA and thereafter on monthly basis.
12.
FREE POWER TO LOCAL PANCHAYAT
12.1 The royalty on water usage in the shape of free power shall be 6%, 15% and 24% (6% for
first 12 years, 15% for next 18 years and 24% for remaining period of 10years) to the
concerned gram panchayat (except when owned by concerned Gram Panchayat) which
should be payable to the local Panchayat instead of H.P. Govt. If the project falls in more
than one Panchayat, the royalty will be shared between the Panchayats in proportion to the
project area (weir site to Tail race site) falling in the particular Panchayat.
For availing the free power royalty from the project the concerned Gram Panchayat shall
enter into a mutual agreement with the developer.
12.2 Free energy shall be made available by the Second Party at the interconnection point to the
concerned Gram Panchayat and the metering shall be done at this point.
No wheeling/transmission charges shall be payable for free energy from the generating
station to the interconnection point.
Wheeling charges required to be paid for power to be transmitted within and outside the
State shall be determined as per the policy of HPSEB Ltd./SERC/HPPTCL at that time.
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12.3 The balance energy, after adjustment of free energy, may be used/sold by the Second Party
in the following manner:-
Make captive use or make third party sale for which the Second Party shall enter into
suitable agreement for transmission of power with concernedentities.
13
OBLIGATIONS OF THE PARTIES
Obligations of the Second Party.
13.1 Subject to availability, security, and operational factors being met, the Second Party shall
permit free use by the First Party and the general public of all service roads constructed and
maintained by it for the project. The Second Party shall bear the cost of any of the existing
roads required to be improved/ widened for the construction of the project and also bear the
incremental maintenance cost.
13.2 The Second Party shall undertake the implementation of the Project, keeping in view all
stipulated quality control and as well as safety standards and the physical as well as
financial parameters of the approved PR. The Private Investor shall allow accessto the
authorized
representative(s)
of
the
Himachal
Pradesh
Government/HPSEBLtd./HIMURJA/any other Agency authorized by Himachal Pradesh
Government to alllocation of the Project to ensure compliance in this regard.
13.3 The Second Party shall ensure that the execution, operation and maintenance of the Project
is generally in accordance with the PR approved by the HPSEB Ltd./First Party. The First
Party shall ensure that the Planning/Design/Construction of any other Hydro-electric Project
upstream/downstream of the Project shall not affect the annual energy generation at the
Project adversely. The Second Party shall also have no claim on account of development of
any upstream and downstream Project in future, which may be constructed with the
approval of the First Party unless such development adversely affects the scope of the
Project.
13.4 The Second Party shall be fully responsible for any damage or loss arising out of the
construction, operation or maintenance of the Project to any property or person and also
undertake to indemnify the First Party on such account subject to force majeure. The First
Party shall then hold the Second Party accountable for any such damage or loss.
13.5 The Second Party shall pay all taxes and duties or other levies etc. to the Government of
India/Himachal Pradesh Government as per statutory rules in force from time to time.
13.6 The Second Party shall abide by the provisions contained in the Hydro Power Policy of the
Government of Himachal Pradesh.
Obligations of the First Party:-
13.7 If any approval is required under the laws of India for the Second Party, the lenders, or any
Contractor with respect to the Project, upon due and timely applicationtherefore being made
by the Second Party, First Party shall take all reasonable and appropriate steps within its
administrative power, as permissible by law, to ensure that such approval is granted
expeditiously, if such grant is permissible under the law.
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14.
POWER EVACUATION
14.1 Evacuation of power from the Project upto the HPSEB Ltd./HPPTCL/ Regional Grid Sub-
station, as provided in the TEC shall be the responsibility of the Second Party and shall be a
part of the Project.
14.2 The transmission system covered under this Project may be used for evacuation of power
from other projects on the directions of the State Transmission Utility. In suchsituation the
wheeling charges for common transmission system shall be as decided by HPERC.
14.3 The Second Party shall follow the directives of State Load Dispatch Centre (SLDC) in the
interest of the integrated grid operation. Any dispute with reference to the integrated
operation will be referred to the competent authority whose decision shall be final. Pending
the decision of the competent authority the SLDC's directions shall prevail in the interest of
smooth operation of the grid.
15.
FORCE MAJEURE
15.1 Notwithstanding the provisions of the Clauses 3, 7.1 and 7.2 above, the Second Party shall
not be liable for the forfeiture of its Performance Guarantee or terminationfor default, if the
non-performance or the delay in the discharge of its obligations under this agreement is the
result of an event of force majeure.
15.2 For the purpose of this agreement, "Force Majeure" shall mean an event which is
unforeseeable, beyond the control of the Second Party and not involving the Second Party’s
fault or negligence. Such events may include war, civil war, insurrection, riots, revolutions,
fire, floods, epidemics, quarantine restrictions, freight embargoes, radioactivity,
earthquakes, cloudbursts, landslides and excessive snow.
15.3 If a Force Majeure situation arises, the Second Party shall promptly intimate the same to the
First Party in writing. The Second Party shall continue to perform its obligations under the
agreement, as far as is reasonably practical, and shall seek allreasonable alternative means
for performance, not prevented by the force majeure event.
16.
ARBITRATION:-
Any difference and/or disputes arising at any time between the parties out of this IA or
interpretation thereof shall be endeavored to be resolved by the parties hereto by mutual
negotiations, failing which the matter shall be referred to the Arbitrator to be appointed as
per the provisions of the Arbitration & Conciliation Act, 1996. However, all disputes shall
be settled within the jurisdiction of Courts of Himachal Pradesh.
17.
TRANSFER OF PROJECT TO SUBSIDIARY GENERATING UTILITY
17.1 For Non-Himachalis:-
The First Party shall not consider the request of Second Party for change in name/dilution of
shares of Second Party at any stage.
6316
jkti=] fgekpy izns'k] 13 ekpZ] 2012@23 QkYxqu] 1933
17.2 For Himachalis:
The First Party shall not consider the request of Second Party for change in name/dilution of
shares of Second Party to Himachali/Non-Himachali at any stage.
18.
MISCELLANEOUS
18.1 Save as provided aforesaid none of the parties hereto shall assign their respective rights and
obligations under this agreement without the prior consent in writing of the other party to
the agreement.
18.2 Each party agrees that it shall not divulge any trade, commercial or technical secrets or
confidential matters of one another to any third party save for the purpose of
Implementation of the Project.
18.3 The Second Party agrees to have its corporate/business office within the State of Himachal
Pradesh.
19.
NOTICE. - Any notice required to be given to either party under this agreement shall be
deemed to be served if sent by Cable, Fax or Telex followed by a confirmation letter
delivered by hand or sent by registered post to their respective addresses.
ADDRESSES
For First Party/HIMURJA
For Second Party
Pr. Secretary (NES),
M/s __________
Himachal Pradesh Secretariat,
Shimla (H.P.)-171002
Special Secretary (NES), to the GOHP-cum-
Chief Executive Officer, HIMURJA,
Block 8A, SDA Complex,
Kasumpti, Shimla (H.P.)-171009
FAX NO. 0177-2622635
Either Party may change the address at which notice is to be delivered by duly informing
the other party in writing.
20
GOVERNING LAWS
The rights and obligations of the parties under or pursuant to this agreement shall be
governed by and constituted according to Indian Law. This agreement shall be subject to the
jurisdiction of the Himachal Pradesh High Court at Shimla.
21.
Any violations of the above-mentioned issues concerning policy parameters, IA may results
into monetary penalty including cancellation of the project
IN WITNESS WHEREOF, THE PARTIES HERETO HAVE CAUSED THESE PRESENTS TO
BE
SIGNED,
SEALED
AND
DELIVERED
BY
THEIR
DULY
AUTHORISED
REPRESENTATIVES ON THE DAY, MONTH AND YEAR FIRST ABOVE WRITTEN.
6317
jkti=] fgekpy izns'k] 13 ekpZ] 2012@23 QkYxqu] 1933
For and on behalf of
For and on behalf of
Government of Himachal Pradesh
M/s ________________
(___________),
(____________)
Special Secretary (NES),
__________,
to the Government of
Himachal Pradesh.
WITNESSED BY:
WITNESSED BY:
1. ______________________
1._________________________
2. ______________________
2.__________________________
________
c vnkyr Jh 'k'kh iky 'kekZ] dk;Zdkjh n.Mkf/kdkjh] ?kqekjoha] ftyk fcykliqj] fgekpy izns'k
Jh egsUnz flag iq= Jh ys[k jke] fuoklh cSgy uqok.kk] Mk0] gok.k] ijxuk lj;wu] rglhy ?kqekjoha]
ftyk fcykliqj] fgekpy izns'kA
cuke
vke turk
fo"k;-&jktLo vfHkys[k esa uke dh n#Lrh djus ckjsA
b'rgkjA
Jh egsUnz flag iq= Jh ys[k jke] fuoklh cSgy uqok.kk] Mk0 gok.k] ijxuk lj;wu] rglhy ?kqekjoha]
ftyk fcykliqj] fgekpy izns'k us vnkyr esa izkFkZuk&i= e; C;ku gYQh is'k fd;k gS o vkosnu fd;k gS
fd jktLo vfHkys[k esa egsUnz flag ds LFkku ij lqjsUnz flag fy[kk x;k gSA izkFkhZ vius uke dh n#Lrh
jktLo vfHkys[k esa djokuk pkgrk gSA
vr% izkFkhZ dk vkosnu Lohdkj djrs gq, bl b'rgkj jkti= }kjk vke turk dks lwfpr fd;k
tkrk gS fd ;fn fdlh O;fDr dks mDr Jh lqjsUnz flag mQZ egsUnz flag dk uke jktLo vfHkys[k esa djus
ckjk dksbZ mtj ,oa ,rjkt gks rks og vlkyru ;k odkyru rkjh[k is'kh 16&3&2012 dks ;k blls iwoZ
gkftj vnkyr gksdj viuk ,rjkt is'k dj ldrk gSA ckn rkjh[k is'kh fdlh fdLe dk mtj ,oa
,rjkt u lquk tkosxk o mijksDr ds uke dh n#Lrh fu;ekuqlkj djus ds lEcU/k esa vkns'k tkjh dj fn,
tk,axsA
vkt fnukad 9&2&2012 dks esjs gLrk{kj o eksgj vnkyr lfgr tkjh gqvkA
eksgjA
'k'kh iky 'kekZ]
dk;Zdkjh n.Mkf/kdkjh] ?kqekjoha]
ftyk fcykliqj] fgekpy izns'kA
6318
jkti=] fgekpy izns'k] 13 ekpZ] 2012@23 QkYxqu] 1933
c vnkyr Jh lksfHk;k jke] dk;Zdkjh n.Mkf/kdkjh] MygkSth] ftyk pEck] fgekpy izns'k
Jh lqHkk"k pUn iq= Jh lalkj pUn] fuoklh xkao cnkVw] Mkd?kj cuh[ksr] rglhy MygkSth] rglhy
MygkSth] ftyk pEck] fgekpy izns'kA
cuke
vke turk
fo"k;-&&izkFkZuk&i= tsj /kkjk 13 ¼3½ tUe ,oa e`R;q iathdj.k vf/kfu;e] 1969-
mijksDr izkFkhZ us v/kksgLrk{kjh dh vnkyr esa izkFkZuk&i= e; C;ku gYQh oe; vU; dkxtkr bl
vk'k; ls xqtkjk gS fd mlds iq= vfuy dqekj o euthr dh tUe frfFk;ka Øe'k% 14&6&1991 o
2&2&1989 gaS] tksfd xzke iapk;r cuh[ksr ds fjdkMZ esa ntZ u gaS] ftUgas ntZ fd;k tkosA
bl lEcU/k esa loZlk/kkj.k turk dks ctfj;k b'rgkj lwfpr fd;k tkrk gS fd izkFkhZ ds iq=ksa dh
tUe frfFk;ka o uke xzke iapk;r cuh[ksr ds fjdkWMZ esa ntZ djus ckjs ;fn fdlh dks dksbZ mtj ,rjkt
gks rks og vlkyru ;k odkyru vnkyr v/kksgLrk{kjh fnukad 26&3&2012 dks gkftj vkdj viuk
,rjkt ntZ djok ldrk gSA gkftj u vkus dh lwjr esa ,drjQk dk;Zokgh vey esa ykbZ tk djds uke
o tUe frfFk;ka ntZ djus ds vkns'k ns fn, tk,axsA
vkt fnukad 16&02&2012 dks esjs gLrk{kj o eksgj vnkyr ls tkjh gqvkA
eksgjA
lksfHk;k jke]
dk;Zdkjh n.Mkf/kdkjh]
MygkSth] ftyk pEck] fgekpy izns'kA
&&&&&&
c vnkyr Jh lksfHk;k jke] dk;Zdkjh n.Mkf/kdkjh] MygkSth] ftyk pEck] fgekpy izns'k
Jh fcgkjh yky iq= Jh Jh/kj] fuoklh xkao /kusjuh] Mkd?kj MygkSth] rglhy MygkSth] ftyk
pEck] fgekpy izns'kA
cuke
vke turk
fo"k;-&&izkFkZuk&i= tsj /kkjk 13 ¼3½ tUe ,oa e`R;q iathdj.k vf/kfu;e] 1969-
mijksDr izkFkhZ us v/kksgLrk{kjh dh vnkyr esa izkFkZuk&i= e; C;ku gYQh bl vk'k; ls xqtkjk gS
fd mlds iq= lej dh tUe frfFk 8&9&2011 gS] tksfd xzke iapk;r :fy;k.kh ds fjdkMZ esa ntZ u gS]
ftls ntZ fd;k tkosA
bl lEcU/k esa loZlk/kkj.k dks ctfj;k b'rgkj lwfpr fd;k tkrk gS fd izkFkhZ fcgkjh yky ds iq=
lej dh tUe frfFk o uke xzke iapk;r :fy;k.kh ds fjdkWMZ esa ntZ djus ckjs ;fn fdlh dks dksbZ mtj
,rjkt gks rks og fnukad 26&3&2012 dks vlkyru ;k odkyru vnkyr v/kksgLrk{kjh vkdj viuk
6319
jkti=] fgekpy izns'k] 13 ekpZ] 2012@23 QkYxqu] 1933
,rjkt ntZ djok ldrk gSA dksbZ ,rjkt ntZ u gksus dh lwjr esa ,drjQk dk;Zokgh vey esa ykbZ tk
djds uke o tUe frfFk ntZ djus ds vkns'k ns fn, tk,axsA
vkt fnukad 16&02&2012 dks esjs gLrk{kj o eksgj vnkyr ls tkjh gqvkA
eksgjA
lksfHk;k jke]
dk;Zdkjh n.Mkf/kdkjh]
MygkSth] ftyk pEck] fgekpy izns'kA
&&&&&&
c vnkyr Jh lksfHk;k jke diwj] lgk;d lekgrkZ izFke oxZ] MygkSth] ftyk pEck] fgekpy izns'k
Jh vkse izdk'k lqiq= Jh ijl jke] fuoklh xkao ckFkjh] Mkd?kj ckFkjh] rglhy MygkSth] ftyk
pEck] fgekpy izns'kA
cuke
vke turk
fo"k;-&&izkFkZuk&i= cjk, uke n#Lrh ckjsA
mijksDr izkFkÊ us v/kksgLrk{kjh dh vnkyr esa izkFkZuk&i=] C;ku gYQh oe; vU; dkxtkr bl
vk'k; ls xqtkjk gS fd mldk lgh uke vkse izdk'k gS] tksfd xzke iapk;r ckFkjh ds fjdkMZ esa lgh ntZ
gS ysfdu jktLo foHkkx ds eqgky ckFkjh tksbZ esa xyrh ls vkseh ntZ gS] ftldh n#Lrh dh tkosA
bl lEcU/k esa loZlk/kkj.k turk dks ctfj;k b'rgkj lwfpr fd;k tkrk gS fd izkFkÊ vkse izdk'k
ds uke dh n#Lrh ckjs ;fn fdlh dks dksbZ mtj&,rjkt gks rks og vlkyru ;k odkyru vnkyr
v/kksgLrk{kjh fnukad 26&3&2012 dks gkftj vkdj viuk ,rjkt ntZ djok ldrk gSA gkftj u vkus dh
lwjr esa ,drjQk dk;Zokgh vey esa ykbZ tk djds uke n#Lrh ds vkns'k ns fn, tk,axsA
vkt fnukad 22&2&2012 dks esjs gLrk{kj o eksgj vnkyr ls tkjh gqvkA
eksgjA
lksfHk;k jke diwj]
lgk;d lekgrkZ izFke oxZ]
MygkSth] ftyk pEck] fgekpy izns'kA
&&&&&&
c vnkyr Jh lksfHk;k jke] lgk;d lekgrkZ izFke oxZ] MygkSth] ftyk pEck] fgekpy izns'k
Jherh jk.kh nsoh iRuh Jh lriky] fuoklh xkao i.Mksy] Mkd?kj 'ksjiqj] rglhy MygkSth] ftyk
pEck] fgekpy izns'kA
cuke
vke turk
fo"k;-&&izkFkZuk&i= cjk, uke n#Lrh ckjsA
6320
jkti=] fgekpy izns'k] 13 ekpZ] 2012@23 QkYxqu] 1933
mijksDr izkfFkZ;k us v/kksgLrk{kjh dh vnkyr esa izkFkZuk&i=] C;ku gYQh oe; vU; dkxtkr bl
vk'k; ls xqtkjk gS fd mlds iq= dk lgh uke thou flag gS] tksfd mlds Ldwy izek.k&i=ksa ds fjdkMZ
esa lgh ntZ gS ysfdu jktLo foHkkx ds eqgky i.Mksy] iVokj o`Ùk uxkyh esa xyrh ls thou dqekj ntZ
gS] ftldh n#Lrh dh tkosA
bl lEcU/k esa loZlk/kkj.k turk dks ctfj;k b'rgkj lwfpr fd;k tkrk gS fd izkfFkZ;k ds iq=
thou flag ds uke dh n#Lrh ckjs ;fn fdlh dks dksbZ mtj&,rjkt gks rks og vlkyru ;k odkyru
vnkyr v/kksgLrk{kjh fnukad 26&3&2012 dks gkftj vkdj viuk ,rjkt ntZ djok ldrk gSA gkftj u
vkus dh lwjr esa ,drjQk dk;Zokgh vey esa ykbZ tk djds uke n#Lrh ds vkns'k ns fn, tk,axsA
vkt fnukad 16&2&2012 dks esjs gLrk{kj o eksgj vnkyr ls tkjh gqvkA
eksgjA
lksfHk;k jke]
lgk;d lekgrkZ izFke oxZ]
MygkSth] ftyk pEck] fgekpy izns'kA
&&&&&&
c vnkyr lgk;d lekgrkZ izFke Js.kh] 'kkgiqj] ftyk dkaxM+k] fgekpy izns'k
fely % rdlhe Hkwfe
rkjh[k is'kh % 22&2&2012
Jh eLr jke iq= Jh jke lju] fuoklh vulwbZ] rglhy 'kkgiqj] ftyk dkaxM+k] fgekpy izns'k
- - oknhA
cuke
Jh vt; dqekj iq= Jh cynso flg] fuoklh vulwbZ] rglhy 'kkgiqj] ftyk dkaxM+k] fgekpy
izns'k
- - izfroknhA
nj[okLr rdlhe Hkwfe [kkrk ua0 46] [krkSuh ua0 90] [kljk uEojku 259&260&261&262&
263&264] fdÙkk 6] jdok rknknh 0&08&51 gS0 okd;k eqgky o ekStk vulwbZ f>dyh] ekStk p<+h] rglhy
'kkgiqj] eqrkfcd tekcUnh o"kZ 2006&07 ckjsA
mijksDr fo"k; ls lEcfU/kr Hkwfe dh fely rdlhe v/kksgLrk{kjh ds ikl fopkjk/khu gSA ftlesa
izfroknh vt; dqekj dks bl vnkyr }kjk ckj&ckj leu tkjh fd, x,] gj ckj fouk rkfey ds izkIr
gq, gSa vkSj u gh mldk lgh irk miyC/k gks jgk gSA blfy, vnkyr dks fo'okl gks pqdk gS fd mDr
izfroknh dh rkfey lk/kkj.k rjhds ls ugha gks ldrh gSA
vr% bl b'rgkj jkti= ds ek/;e ls mDr izfroknh dks lwfpr fd;k tkrk gS fd mijksDr fo"k;
ls lEcfU/kr rdlhe ckjs viuh iSjoh djus gsrq fnukad 22&3&2012 dks izkr% 10-00 cts vlkyru ;k
odkyru gkftj vkdj viuk i{k o ,rjkt is'k dj ldrk gSA xSj gktjh dh lwjr esa ,di{kh; dk;Zokgh
vey esa ykbZ tk,xhA
vkt fnukad 18&1&2012 dks esjs gLrk{kj o eksgj vnkyr ls tkjh gqvkA
eksgjA
gLrk{kfjr@&
lgk;d lekgrkZ izFke Js.kh]
'kkgiqj] ftyk dkaxM+k] fgekpy izns'kA
6321
jkti=] fgekpy izns'k] 13 ekpZ] 2012@23 QkYxqu] 1933
c vnkyr Jh clUr jke] dk;Zdkjh n.Mkf/kdkjh] Fkqjy] ftyk dkaxM+k] fgekpy izns'k
eqdÌek ua0---------------2012
rkjh[k is'kh % 30@3@2012
Jherh xk;=h nsoh fo/kok Jh /keZ flag] fuoklh xkao ukxuh] Mkd?kj ew.<h] xzke iapk;r ew.<h]
mi&rglhy Fkqjy] ftyk dkaxM+k] fg0 iz0
- - izkfFkZuA
cuke
vke turk
- - izfroknhA
fo"k;-&&tUe o e`R;q iathdj.k vf/kfu;e] 1969 dh /kkjk 13 ¼3½ ds rgr e`R;q iathdj.k gsrq izkFkZuk&i=A
eqL=h equknh %&&
Jherh xk;=h nsoh fo/kok Jh /keZ flag] fuoklh xkao ukxuh] Mkd?kj ew.<h] xzke iapk;r ew.<h]
mi&rglhy Fkqjy] ftyk dkaxM+k] fg0 iz0 us vnkyr esa izkFkZuk&i= e; C;ku gYQh is'k fd;k o vkosnu
fd;k fd mlds ifr Jh /keZ flag dk nsgkUr fnukad 2&11&1982 dks xkao ukxuh] xzke iapk;r ew.<h esa
gqvk gSA ijUrq vKkurko'k bldh e`R;q dk iathdj.k xzke iapk;r vfHkys[k esa u djok;k x;k gSA vr%
izkfFkZu bl U;k;ky; ds ek/;e ls vius ifr Jh /keZ flag ds iathdj.k djus dk vkns'k xzke iapk;r ew.<h
dks tkjh djokuk pkgrh gSA
vr% izkfFkZ;k dk vkosnu Lohdkj djrs gq,] bl b'rgkj eqL=h equknh }kjk vke turk dks lwfpr
fd;k tkrk gS fd ;fn fdlh O;fDr dks mDr /keZ flag iq= Jh yqnj flag dh e`R;q frfFk 2&11&1982 ds
iathdj.k ckjs dksbZ mtj ,oa ,rjkt gks rks og vlkyru ;k odkru rkjh[k is'kh 30&3&2012 dks gkftj
vnkyr gksdj viuk ,rjkt is'k dj ldrk gSA ckn rkjh[k is'kh fdlh fdLe dk mtj ,oa ,rjkt ugha
lquk tkosxk o mijksDr /keZ flag dh e`R;q iathdj.k dk vkns'k mi LFkkuh; iathdkj tUe o e`R;q xzke
iapk;r ew.<h dks tkjh dj fn;k tkosxkA
;g b'rgkj esjs gLrk{kj o eksgj vnkyr ls vkt fnukad 25&02&2012 dks tkjh gqvkA
eksgjA
clUr jke]
dk;Zdkjh n.Mkf/kdkjh
Fkqjy] ftyk dkaxM+k] fgekpy izns'kA
&&&&&&&
c vnkyr Jh f=yksd pUn] uk;c&rglhynkj] dk;Zdkjh n.Mkf/kdkjh ,oa lgk;d lekgrkZ f}rh; Js.kh]
rglhy [kqf.M;ka] ftyk dkaxM+k] fgekpy izns'k
Jh nso iq= Jh iksÅ jke] fuoklh xkao nsoxkao] Mkd?kj cXxh] rglhy [kqf.M;ka] ftyk dkaxM+k]
fgekpy izns'kA
cuke
vke turk
fo"k;-&&izkFkZUkk&i= ckcr n#Lrh dkxtkr eky okD;k egky nsoxkao] Mkd?kj cXxh esa uke n#Lr djus
ckjsA
6322
jkti=] fgekpy izns'k] 13 ekpZ] 2012@23 QkYxqu] 1933
Jh nso iq= Jh iksÅ jke] fuoklh xkao nsoxkao] Mkd?kj cXxh] rglhy [kqf.M;ka] ftyk dkaxM+k]
fgekpy izns'k us bl U;k;ky; esa izkFkZuk&i= izLrqr fd;k gS fd eqrkfcd lR;kfir udy fjdkMZ eky
okD;k egky nsoxkao] Mkd?kj cXxh] rglhy [kqf.M;ka] ftyk dkaxM+k] fgekpy izns'k esa esjk uke nso xyr
ntZ gS tcfd xzke iapk;r yxMw o Ldwy izek.k&i= esa esjk uke yky pUn ntZ gSA
okLro esa fHkUu&fHkUu nks ukeksa dk eSa ,d gh O;fDr gwa] vr% vc mDr dkxtkr eky esa nso uke
ds ctk, nso miuke yky pUn n#Lr ntZ djokuk pkgrk gwaA
vr% loZlk/kkjk.k dks lwfpr fd;k tkrk gS fd ;fn fdlh O;fDr dks mDr uke dh n#Lrh ckjs
dksbZ vkifÙk gks rks og fnukad 27&3&2012 dks izkr% 10-00 cts bl U;k;ky; esa vlkyru ;k odkyru
gkftj gksdj viuk ,rjkt is'k dj ldrk gSA gkftj u vkus dh lwjr esa fu;ekuqlkj ,drjQk dk;Zokgh
vey esa ykbZ tk,xhA
vkt fnukad 1&3&2012 dks gekjs gLrk{kj o eksgj lfgr tkjh gqvkA
eksgjA
f=yksd pUn]
dk;Zdkjh n.Mkf/kdkjh]
rglhy [kqf.M;ka] ftyk dkaxM+k] fgekpy izns'kA
&&&&&&&
c vnkyr Jh f=yksd pUn] uk;c&rglhynkj] dk;Zdkjh n.Mkf/kdkjh ,oa lgk;d lekgrkZ f}rh; Js.kh]
rglhy [kqf.M;ka] ftyk dkaxM+k] fgekpy izns'k
Jh dfoUnz dqekj iq= Jh I;kj pUn] fuoklh egky HkM+ksyh] ekStk fFky] rglhy [kqf.M;ka] ftyk
dkaxM+k] fgekpy izns'kA
cuke
vke turk
fo"k;-&&izkFkZUkk&i= ckcr n#Lrh dkxtkr eky okD;k egky HkM+ksyh] ekStk fFky esa uke n#Lr djus
ckjsA
Jh dfoUnz dqekj iq= Jh I;kj pUn] fuoklh egky HkM+ksyh] ekStk fFky] rglhy [kqf.M;ka] ftyk
dkaxM+k] fgekpy izns'k us bl U;k;ky; esa izkFkZuk&i= izLrqr fd;k gS fd eqrkfcd lR;kfir udy fjdkMZ
eky okD;k egky HkM+ksyh] ekStk fFky] rglhy [kqf.M;ka] ftyk dkaxM+k] fgekpy izns'k esa esjk uke eqds'k
dqekj xyr ntZ gS tcfd xzke iapk;r fFky o Ldwy izek.k&i= esa Hkh esjk uke dfoUnz dqekj ntZ gSA
okLro esa fHkUu&fHkUu nks ukeksa dk eSa ,d gh O;fDr gwa] vr% vc mDr dkxtkr eky esa eqds'k
dqekj uke ds ctk, eqds'k dqekj miuke dfoUnz dqekj n#Lr ntZ djokuk pkgrk gwaA
vr% loZlk/kkjk.k dks lwfpr fd;k tkrk gS fd ;fn fdlh O;fDr dks mDr uke dh n#Lrh ckjs
dksbZ vkifÙk gks rks og fnukad 27&3&2012 dks izkr% 10-00 cts bl U;k;ky; esa vlkyru ;k odkyru
gkftj gksdj viuk ,rjkt is'k dj ldrk gSA gkftj u vkus dh lwjr esa fu;ekuqlkj ,drjQk dk;Zokgh
vey esa ykbZ tk,xhA
vkt fnukad 1&3&2012 dks gekjs gLrk{kj o eksgj lfgr tkjh gqvkA
eksgjA
f=yksd pUn]
dk;Zdkjh n.Mkf/kdkjh]
rglhy [kqf.M;ka] ftyk dkaxM+k] fgekpy izns'kA
6323
jkti=] fgekpy izns'k] 13 ekpZ] 2012@23 QkYxqu] 1933
c vnkyr dk;Zdkjh n.Mkf/kdkjh] tksfxUnjuxj] ftyk e.Mh] fgekpy izns'k
fely ua0 % 6 rkjh[k ejtqvk % 1&3&2012
rkjh[k is'kh % 16&3&2012
Tenzin Noryang d/o Shri Lobsang Tsenple, H. No. 41, Nangchen Division, P.O. Chauntra,
Tehsil Jogindernagar, District Mandi (H. P.)
. .izkfFkZ;kA
cuke
vke turk
- -Qjhdnks;eA
tsj /kkjk 13 ¼3½ tUe ,oa e`R;q iathdj.k vf/kfu;e] 1969 ds vUrxZr vkosnu&i=A
Tenzin Noryang d/o Shri Lobsang Tsenple, H. No. 41, Nangchen Division, P.O. Chauntra,
Tehsil Jogindernagar, District Mandi (H. P.) us bl U;k;ky; esa vkosnu&i= xqtkjk gS fd izkfFkZ;k dk
okLrfod uke Tenzin Noryang o tUe frfFk 26&6&2004 gS tks izkfFkZ;k ds f'k{kk nLrkost esa ntZ gS
ysfdu izkfFkZ;k dk uke o tUe frfFk xzke iapk;r pkSUrM+k ds vfHkys[k esa ntZ ugha gS ftls ntZ djus ds
vkns'k ikfjr fd, tkosaA
vr5 b'rgkj jkti= ds ek/;e ls loZlk/kkj.k dks lwfpr fd;k tkrk gS fd ;fn fdlh O;fDr dks
mDr eqdÌek ckjs dksbZ mtj ,rjkt gks rks og fnukad 16&3&2012 izkr% 10-00 cts vlkyru o
odkyru bl vnkyr esa gkftj gksdj vius mtj ,rjkt is'k djs vu;Fkk xSj&gktjh dh lwjr esa ,d
rjQk dk;Zokgh vey esa ykbZ tk,xhA
vkt fnukad 23&2&2012 dks gekjs gLrk{kj o eksgj vnkyr ls tkjh gqvkA
eksgjA
gLrk{kfjr@&
dk;Zdkjh n.Mkf/kdkjh]
tksfxUnjuxj] ftyk e.Mh] fgekpy izns'kA
&&&&&&&
c vnkyr Jh xqykc flag Bkdqj] dk;Zdkjh n.Mkf/kdkjh] vkSV] mi&rglhy vkSV]
ftyk e.Mh] fgekpy izns'k
c eqdÌek %
Jh 'kksHks jke iq= Jh uks[kw jke] fuoklh xkao 'kkykuky] Mk0 FkykSV] mi&rglhy vkSV] ftyk e.Mh]
fgekpy izns'kA
cuke
vke turk
eqdÌek-&iapk;r vfHkys[k esa uke n#Lrh ckjs izkFkZUkk&i=A
mijksDr izkFkÊ us v/kksgLrk{kjh dh vnkyr esa izkFkZuk&i= e; C;ku gYQh bl vk'k; ls xqtkjk gS
fd mlds iq= dk uke iapk;r fjdkWMZ esa rksr jke rFkk Ldwy ds izek.k&i= esa jkds'k dqekj ntZ gS] ;s
nksuksa mlh ds gh uke gSaA izkFkÊ iapk;r fjdkWMZ esa vius iq= dk uke jkds'k dqekj mQZ rksr jke ntZ
djokuk pkgrk gSA
6324
jkti=] fgekpy izns'k] 13 ekpZ] 2012@23 QkYxqu] 1933
vr% loZlk/kkj.k dks ctfj;k b'rgkj lwfpr fd;k tkrk gS fd izkFkÊ ds uke dh n#Lrh ckjs ;fn
fdlh dks dksbZ mtj@,rjkt gks rks og fnukad 20&3&2012 dks ;k blls iwoZ vlkyru ;k odkyru
vkdj viuk ,rjkt ntZ djok ldrk gS A gkftj u vkus dh lwjr esa n#Lrh ds vkns'k ikfjr dj fn,
tk,axsA
vkt fnukad 28&2&2012 dks esjs gLrk{kj o eksgj vnkyr ls tkjh gqvkA
eksgjA
xqykc flag Bkdqj]
dk;Zdkjh n.Mkf/kdkjh] vkSV]
ftyk e.Mh] fgekpy izns'kA
&&&&&&&&
c vnkyr Jh th0 vkj0 Bkdqj] LiS'ky eSfjt vf/kdkjh ¼rglhynkj½] tksfxUnjuxj] ftyk e.Mh]
fgekpy izns'k
Tsering Paljor s/o Tenzin, r/o TCV Village Suja, Tehsil Jogindernagar, District Mandi
(H.P.)
.
.
(Husband)
- - ifrA
Tenxin Kungsang Lingsher d/o Shri Ngodup Wangdu, r/o TCV Village Suja, Tehsil
Jogindernagar, District Mandi (H. P.)
(Wife)
cuke
vke turk
izkFkZuk&i= tsj /kkjk 15] pSIVj&iii, LiS'ky eSfjt ,sDV] 1954 ds vUrxZr fookg iath—r djus ckjsA
mijksDr ekeyk esa Tsering Paljor s/o Tenzin and Tenxin Kungsang Lingsher us U;k;ky; esa
izkFkZuk&i= is'k fd;k gS fd mUgksaus fnukad 21&1&2012 dks TCV Suja esa ckS) /keZ ds vuqlkj 'kknh dh
gS vkSj rc ls og ifr&iRuh ds :Ik esa jgrs pys vk jgs gSaA vr% tsj /kkjk 15] pSIVj&iii, LiS'ky eSfjt
,sDV] 1954 ds vUrxZr mudk fookg iathd`r fd;k tkosA
vr% vke turk o muds fj'rsnkjksa] ekrk&firk dks bl b'rgkj }kjk lwfpr fd;k tkrk gS fd
;fn fdlh Hkh O;fDr dks bl ckjk dksbZ mtj o ,rjkt gks rks og fnukad 22&3&2012 dks izkr% 10-00
cts vlkyru ;k odkyru gkftj vnkyr gksdj is'k djs vU;Fkk ,drjQk dk;Zokgh vey esa ykbZ tkdj
'kknh iathdj.k izek.k&i= tkjh dj fn;k tkosxk rFkk ckn esa dksbZ Hkh mtj dkfcys lek;r u gksxkA
vkt fnukad 22&2&2012 dks esjs gLrk{kj o eksgj vnkyr ls tkjh gqvk gSA
eksgjA
th0 vkj0 Bkdqj]
LiS'ky eSfjt vf/kdkjh ¼rglhynkj½]
tksfxUnjuxj] ftyk e.Mh] fgekpy izns'kA
fu;U=d] eqnz.k rFkk ys[ku lkexzh] fgekpy izns'k] f'keyk&5 }kjk eqfnzr rFkk izdkf'kr