Himachal Pradesh Gazette, No. 137, 03 October 2017

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राजपत्र, हिमाचल प्रदेश हिमाचल प्रदेश राज्य शासन द्वारा प्रकाशित मंगलवार, 3 अक्तूबर, 2017/11 आश्विन, 1939

हिमाचल प्रदेश सरकार

INDUSTRIES DEPARTMENT

NOTIFICATION

Dated at Shimla, the ………….

No. Ind-II(F)11-2/2007-I.—In supersession of this department's notifications bearing No Ind-II(F)11- 2/2007-I, dated 28/6/2016, 01/10/2016 and 06/02/2017, the Governor, Himachal Pradesh, in view of the directions given by the Central Govt. vide letter dated 9/6/2017 under 137-राजपत्र/2017-3-10-2017 (6605) 6606 राजपत्र, हिमाचल प्रदेश, 3 अक्तूबर, 2017/11 आश्विन, 1939 Section 31-A of the Act hereby makes provision for online submission and disposal of applications for registration of Boilers under Section 7(1) of the Boilers Act,1923 read with Regulation 4(c ) of the Indian Boilers Regulations, 1950 framed there under and to ensure time bound delivery of other services and their monitoring at Chief Inspector of Boilers level as under:—

(1.) Erection and Registration of new Boiler:—

(i) The procedure for erection and registration of new boilers shall be as prescribed under the Boilers Act, 1923 and the Indian Boilers Regulations, 1950 as amended from time to time.

(ii) The owner of boiler shall apply online for permission for erection of new boiler indicating the Inspecting Authority as dsefined in Section 2(ccd) of the Boilers Act, 1923 and recognised as such by the Central Boiler Board under Indian Boilers Regulations, 1950 which will inspect the boiler during erection. The application for permission for erection shall be accompanied by following documents and fee for registration of boiler:—

(a) A scanned copy of the certificate of approved Boiler repairer engaged for boiler erection.

(b) A scanned copy of steamline drawings in isometric view indicating type of welding to be done and bill of material in triplicate duly signed by the owner of boiler and the Design Engineer who designed the steamline.

(c) A scanned copy of receipt of registration fee of boiler as prescribed in the regulations.

(d) A scanned copy of the IBR approved welder certificate who will be engaged for welding work.

(e) A scanned copy/digitally signed Boiler Folder (Form-II) as supplied by the Boiler Manufacturer and duly approved by the Inspecting Authority of the Concerned State consisting of followings:—

i. Form-II(1) {Regulation-4(c )(i)}.,

ii. Form-III constructor's Certificate of Manufacture and Test for Boiler and Boiler components {Regulation-4(c )(ii)}., )}.,

iii. Form-III-C Certificates of manufacture and test of Boiler Mountings and Fittings Regulation-4(g),

iv. Form-IV-A Certificates of manufacture and results of test in lieu of original test certificates {Regulation-4(c) (iv)}.

v. Scanned copies of drawings for boiler and boiler parts, mountings/accessories.

vi. Test certificates of pipes and fittings.

Note.— A copy of Boiler Folder as supplied by the Boiler Manufacturer and duly approved by the Inspecting Authority of the Concerned State shall also be sent in hard copy to the Chief6607 राजपत्र, हिमाचल प्रदेश, 3 अक्तूबर, 2017/11 आश्विन, 1939 Inspector of Boilers, Himachal Pradesh, Udyog Bhavan, Shimla-1.This will however, not be required if the certificates have been issued by the manufacturer in digital form.

(f) A scanned copy of the order appointing Inspecting Authority for the erection work.

(g) Certificates and drawings as prescribed in regulation 4(c),

(h) The erection shall be done as per provisions under the Boilers Act and the Indian Boilers Regulations, 1950 as amended from time to time and Inspecting Authority shall complete the inspection within 2 days and issue and upload the scanned copy of the Inspection Certificate on "Form IIC" under regulation 4(c)(1) to the Chief Inspector of Boilers online.

(i) The Chief Inspector of Boilers, if he himself has not supervised erection, on receipt of inspection certificate on "Form IIC" shall issue Provisional Order in Form-V (Regulation 381-e) as provided under Section 9 of the Act within 48 hours online.

(j) Registry No. to the Boiler shall be issued by the Chief Inspector of Boilers within 30 days as provided under Regulation 386(d) which shall be communicated online to the owner of the boiler for engraving the same on the shell of boiler within 30 days.

(k) Steam test of the boiler shall be conducted by the Chief Inspector of Boilers within 30days as provided under Regulation 380(a) of the Boiler Regulations, 1950.

(l) The procedure for grant of permission to carry out repairs/alterations in boilers shall be same as prescribed for erection of new boiler and the same will be issued by the Chief Inspector of Boilers within 2 days under Regulation 392(iv)(b) after receipt of complete case as per provisions of the Boiler Regulations, 1950.

(2.) Renewal of certificate for use of boiler:—

2.1 The procedure for renewal of certificate for use of boilers shall be as prescribed under the Boilers Act and the Indian Boilers Regulations, 1950 as amended from time to time. The owner of boiler shall apply online for the renewal of certificate for use of boiler at least one month before the date of expiry of certificate along with fee for renewal of certificate and indicating the date on which the boiler will be offered for inspection and the agency which has been engaged for the inspection of boiler.

2.2 Inspection entries shall be made in the Memorandum of Inspection Book (MIB) as prescribed by the Boiler Engineer as registered by Chief Inspector of Boilers /Competent Person working independently or in employment with the Central Boilers Board recognised Inspecting Authority/ Chief Inspector of Boilers as the case may be. The Certificate for use of Boiler in Form- VI shall be issued and uploaded online by boiler engineer/ competent person working independently or through Inspecting Authority/Chief Inspector of Boiler as the case may be within 48 hours.

2.3 The General Managers, District Industries centres shall be competent to check Certificate for use of Boiler of any unit operating under his jurisdiction and report violation, if any, through online portal for further action against the Owner of such boiler.

2.4 Fee.— The fee to be charged by the Inspecting Authority/Competent Person/ Boiler Engineer shall be as may be prescribed by notification by the State Govt, 6608 राजपत्र, हिमाचल प्रदेश, 3 अक्तूबर, 2017/11 आश्विन, 1939 2.5 Eligibility conditions for registration as Boiler Engineer:—

(i) The candidate must be a graduate in Mechanical or Production or Power Plant or Metallurgical Engineering from the recognised university or equivalent.

(ii) Has minimum five years experience singly or cumulatively (experience certificate issued by his previous employer(s) duly countersigned by the Chief Inspector of Boilers of the Concerned State) in the following fields related to the Boilers:—

a. Design

b. Manufacture

c. Commissioning. d. Operation and Maintenance e. Inspection and Certification during manufacture or operation and maintenance. f. High Pressure Welding Inspection.

(iii) Should not be of more than 65 years of age.

(iv) Has no conflict of interest while working as Boiler Engineer.

2.6 Check list for applying online for registration as "Boiler Engineer" shall be as

under:—

(a) A certificate of degree in Mechanical or Production or Power Plant or Metallurgical Engineering from the recognised university or equivalent.

(b) Five years experience certificate singly or cumulatively (experience certificate issued by his previous employer(s) duly countersigned by the Chief Inspector of Boilers of the Concerned State) in the relevant fields related to the Boilers:—

(c) Date of birth certificate.

(d) A declaration that he will work without any conflict of interest and is not working for any agency which is approved Boiler Repairer and engaged in erection/repairs/cleaning of boilers.

2.7 Terms and conditions for working of Boiler Engineer:—

(a) He will be competent to inspect small industrial boilers as defined in the Boilers Act/Indian Boilers Regulations, 1950 as amended from time to time for renewal of Certificate for use of Boilers.

(b) He may upgrade himself to the level of Competent Person by passing the requisite examination conducted by the Central Boiler Board.

(c) The procedure for inspection shall be as prescribed under the Indian Boiler regulations, 1950 as amended from time to time.

(d) Other conditions shall be as applicable to Competent Person under regulation 4(j).

(e) The validity of the certificate issued to Boiler Engineer will be two years from the date of issue which shall be renewed depending upon his compliance of the provisions of the Boilers Act, 1923/Indian Boiler Regulations, 1950 as amended.

(f) Boiler Engineers already registered with General Managers, District Industries Centres shall re-apply online for re-registration enclosing the requisite documents and registration certificate will be issued online.

(g) In case a Competent Person/Inspecting Authority fails to comply with the provisions of the Boilers Act or the Indian Boilers Regulation, 1950, or there is an appeal against the orders passed by them, the provisions of sections 19 to 21 of the Boilers Act shall apply. If the failure is on the part of Boiler Engineer, a show cause shall be issued to him by the Chief Inspector of Boilers. The Boiler Engineer shall submit his reply to show cause notice within 15 days and the Chief Inspector of Boilers will take a decision on the basis of reply of show cause notice within another 15 days. The Boiler Engineer can appeal against the orders of the CIB to the Director of Industries within 30 days from the date of communication of orders of CIB. The Director of Industries shall take a decision on the appeal within 30 days and the same will be final and binding on both the parties.

(3.) Recognition of repairers of Boilers and Steam pipes:—

(a) The procedure for recognition of Repairers of Boilers and Steam pipes/renewal of Certificate or change of class shall be as prescribed under the Boilers Act and the Indian Boilers Regulations, 1950 {Regulation 392 } as amended from time to time.

(b) A person seeking recognition as Repairers of Boilers and Steam pipes or endorsement of his certificate obtained from Inspecting Authority in any other state shall fill questionnaire form for repairer of boilers/economiser/steam line/feed water lines in "FORM XVIII" online for the grant of recognition/ renewal of recognition/endorsement of his certificate as the case may be.

(c) The checklist of documents to be supplied as scanned copies shall be as under:—

i. Application form /questionnaire "FORM XVIII" as prescribed in regulations {392(4)}.

ii. A copy of the EM-II filed in respect of the workshop set up by the applicant.

iii. Scanned copies of the Welder Qualification Certificates in Form-XII in respect of welders employed by him.

iv. Scanned copies of his own Educational/Professional qualifications and the managers employed by him.

v. Details of design facilities set up.

vi. Details of labs set up and testing instruments available.

vii. A scanned copy of the existing certificate of recognition of Repairer of Boilers and Steam pipes.

viii. A scanned copy of receipt of application fee.

ix. A scanned copy of the receipt for endorsement fee for Welder Qualification Certificates in Form-XII in respect of welders employed by him.

6610 राजपत्र, हिमाचल प्रदेश, 3 अक्तूबर, 2017/11 आश्विन, 1939 (d) The applicant shall indicate date of inspection for his workshop and Chief Inspector of Boilers shall conduct the inspection on the date so fixed and if found satisfactory, shall issue the digitally signed certificate within 30 days as provided under regulation 392(5).

(4) Recognition of Manufacturer of Boilers and Steam pipes

(a) The boiler manufacturer may apply online for issue of registration certificate/renewal of registration certificate to the Chief Inspector of Boilers.

(b) The construction of boilers shall comply with the requirements as prescribed under Regulation 4.

(c) A copy of the EM-II filed in respect of the workshop set up by the applicant.

(d) Scanned copies of the Welder Qualification Certificates in Form-XII in respect of welders employed by him.

(e) Scanned copies of his own Educational/Professional qualifications and the managers employed by him.

(f) Details of design facilities set up.

(g) Details of labs set up and testing instruments available.

(h) A scanned copy of the existing certificate of recognition of Repairer of Boilers and Steam pipes.

(i) A scanned copy of receipt of application fee.

(j) A scanned copy of the receipt for endorsement fee for Welder Qualification Certificates in Form-XII in respect of welders employed by him.

(k) Application for renewal of approval shall be submitted at least 15 days before the expiry of recognition certificate.

The applicant shall indicate date of inspection for his workshop and Chief Inspector of Boilers shall conduct the inspection on the date so fixed and if found satisfactory, shall issue the digitally signed certificate within 30 days.

5. Time limit for various activities shall be as prescribed in Appendix-M of the Regulations as incorporated vide notification no. G.S.R. 427(E) dated 2nd May, 2017.

By order, TARUN KAPOOR, Addl. Chief Secretary (Industries).

_________

N/55-56.— The Law department has observed that the AD intends to issue a notification in order to comply with the directions givn by the Cenral Govt. under section 31A of the Boilers Act, 1923. The notification is not being issued under any provision of the Act, hence same is not required to be vetted by the Law Department. The Law Department has advised that in case there is6611 राजपत्र, हिमाचल प्रदेश, 3 अक्तूबर, 2017/11 आश्विन, 1939 any legal issue the matter may be re-refered by framing specific Law point(s) for opinion of the Law Department.

The draft notification as proposed by the DI has been prepared and is placed below.

Submitted for further orders/approval of the authorities, pl.

__________

HEALTH & FAMILY WELFARE DEPARTMENT

NOTIFICATION

Shimla-2, the 8th August, 2017

No. HFW-B(G) 7-4/2014.—The Governor, Himachal Pradesh is pleased to constitute the Departmental Purchase Committee and Technical Committee in respect of Government Dental College Shimla for effecting purchases of Machinery & Equipment, Hospital Furniture & any other store articles specific to the needs of the College. The constitution of the Committee is as under:—

Departmental Purchase Committee

Technical Committee

The Technical Committee will finalize the specifications of Machinery & Equipment/Hospital Furniture/other store articles and only thereafter the items will be placed before Purchase Committee. Departmental Purchase Committee will effect purchases above Rs.1,00,000/- (Rupees One Lakh) only strictly as per the provisions contained in clauses 98 to 111 of the H. P. Financial Rules, 2009 and will ensure complete transparency & strict adherence of purchase procedure after observing all requisite codal formalities.

By order, Sd/- Principal Secretary (Health).

6612 राजपत्र, हिमाचल प्रदेश, 3 अक्तूबर, 2017/11 आश्विन, 1939 [Authoritative English text of this Department Notification No. EXN-F(10)-31/2017 dated 6/9/2017 as required under clause (3) of article 348 of the Constitution of India]

EXCISE AND TAXATION DEPARTMENT

NOTIFICATION

Shimla-2, 26th September, 2017

No. EXN-F(10)-31/2017.—In exercise of the powers conferred by section 164 of the Himachal Pradesh Goods and Services Tax Act, 2017, the Government of Himachal Pradesh hereby makes the following rules further to amend the Himachal Pradesh Goods and Services Tax Rules, 2017, namely:—

(1) These rules may be called the Himachal Pradesh Goods and Services Tax (SeventhAmendment) Rules, 2017.

(2) They shall be deemed to come into force on the 1st day of July, 2017.

2. In the Himachal Pradesh Goods and Services Tax Rules, 2017,

(i) in sub-clause (iv) of clause (c) of rule 117(2), the words and signs "of eligible taxes and duties, as the case may be, " shall be omitted.

(ii) in rule 119,–

(a) in the heading after the words "stocks held by a", the words "principal and jobworker or" shall be inserted;

(b) after the words "the provisions of", the words and figures "section 141 or" shall be inserted;

(iii) for rule 122, the following rule shall be substituted, namely:—

"122. Constitution of the Authority.—The constitution of the Authority shall be in accordance with the provisions of rule 122 of the Central Goods and Services Tax Rules, 2017.";

(iv) for rule 123, the following rule shall be substituted, namely:—

"123. Constitution of the Standing Committee and Screening Committee.—The constitution of the Standing Committee and Screening Committee shall be in accordance with the provisions of rule 123 of the Central Goods and Services Tax Rules, 2017.";

(v) for rule 124, the following rule shall be substituted, namely:—

"124. Appointment, salary, allowances and other terms and conditions of service of the Chairman and Members of the Authority.—The appointment, salary, allowances and other terms and conditions of service of the Chairman and Members of the Authority shall be in accordance with the provisions of rule 124 of the Central Goods and Services Tax Rules, 2017.";

(vi) for rule 125, the following rule shall be substituted, namely:—

"125. Secretary to the Authority.— The Secretary to the Authority shall be in accordance with the provisions of rule 125 of the Central Goods and Services Tax Rules, 2017." (vii) for rule 126, the following rule shall be substituted, namely:—

"126. Power to determine the methodology and procedure.—The power to determine the methodology and procedure of the Authority shall be in accordance with the provisions of rule 126 of the Central Goods and Services Tax Rules, 2017.";

(viii) for rule 137, the following rule shall be substituted, namely:—

"137. Tenure of Authority.—The tenure of the Authority shall be in accordance with the provisions of rule 137 of the Central Goods and Services Tax Rules, 2017."

By order, Sd/- Additional Chief Secretary (E&T).

___________

HOME (VIGILANCE) DEPARTMENT

NOTIFICATION

Shimla-2, the 29th September, 2017

No. Home (Vig.) B (1)-2/2005.—The Governor, Himachal Pradesh is pleased to order the upgradation of the post of Deputy Controller (Local Audit Department) (Pay Band of Rs. 15600- 39100+6600/GP) to the post of Joint Controller (LAD) in the pay band of Rs. 15600- 39100+7800/GP in the State Vigilance & Anti Corruption Bureau Hqrs., Shimla, H.P.

This issues with the prior concurrence of the Finance Department (Fin. Exp.) obtained vide their U.O. 54098241-Fin.-F/2017 dated 20-09-2017 and Finance Department (Pay Revision) vide their Dy. No. 54106901 dated 20-09-2017.

By order, ARVIND MEHTA, Addl. Chief Secretary (Home/Vig.).

_________

गृह विभाग

अधिसूचना

शिमला-2, 29 सितम्बर, 2017

संख्याः गृह(ए)बी(1)-3/2016.--हिमाचल प्रदेश के राज्यपाल, हिमाचल प्रदेश पुलिस अधिनियम, 2007 (2007 का अधिनियम संख्यांक 17) की धारा 11 की उपधारा (1) के साथ पठित दण्ड प्रक्रिया संहिता, 1973 की धारा 2 के खण्ड (ध) द्वारा प्रदत्त शक्तियों का प्रयोग करते हुए, पुलिस महानिदेशक, हिमाचल प्रदेश के परामर्श से, इस अधिसूचना के राजपत्र (ई-गजट) हिमाचल प्रदेश मेें प्रकाशित किए जाने की तारीख से, 6614 राजपत्र, हिमाचल प्रदेश, 3 अक्तूबर, 2017/11 आश्विन, 1939 निम्नलिखित अनूसूची की स्तम्भ संख्याः 3 में यथा वर्णित गांवों को स्तम्भ संख्याः 4 में वर्णित पुलिस थाना के स्थानीय क्षेत्र से स्तम्भ संख्याः 5 में वर्णित पुलिस थाना के स्थानीय क्षेत्र को अन्तरित करते हैं, अर्थातः-

अनुसूची

आदेश द्वारा, हस्ताक्षरित/- प्रधान सचिव (गृह)।

__________

[Authoritative English text of this Department Notification No. Home-(A)B(1)-Government of

Himachal Pradesh 3/2016 dated 29th September, 2017 as required under clause (3) of article 348

of the Constitution of India].

HOME DEPARTMENT

NOTIFICATION

Shimla-2, the 29th September, 2017

No. Home-(A)B(1)-3/2016.—In exercise of the powers conferred by clause (s) of section 2 of the Code of Criminal Procedure, 1973 read with sub-section (1) of section 11 of the Himachal Pradesh Police Act, 2007 (Act No. 17 of 2007), the Governor, Himachal Pradesh, in consultation with the Director General of Police, Himachal Pradesh is pleased to transfer the villages as enumerated in Column No. 3 from the local area of the Police Station mentioned in Column No.4 to the local area of the Police Station mentioned in Column No.5 of the schedule given below thereof, with effect from the date of publication of this Notification in the Rajpatra (e-Gazette), Himachal Pradesh, namely:—

SCHEDULE

By order, Sd/- Principal Secretary (Home).

__________

तकनीकी शिक्षा व्यावसायिक

एवं औद्योगिक प्रशिक्षण विभाग

अधिसूचना

शिमला-02, ...................... 2017

स्ांख्याः ईडीएन (टीई)ए(3)4/2014-लूज.--हिमाचल प्रदेश के राज्यपाल, भारत के संविधान के अनुच्छेद 309 के परन्तुक द्वारा प्रदत्त शक्तियों का प्रयोग करते हुए, हिमाचल प्रदेश लोक सेवा आयोग के परामर्श से, इस विभाग की अधिसूचना संख्या ईडीएन (टीई)ए(3)4/2014 तारीख 26-09-2016 द्वारा अधिसूिचत हिमाचल प्रदेश तकनीकी शिक्षा, व्यावसायिक एवं औद्योगिक प्रशिक्षण विभाग सह-आचार्य6619 राजपत्र, हिमाचल प्रदेश, 3 अक्तूबर, 2017/11 आश्विन, 1939 (इंजीनियरिंग), वर्ग-। (राजपत्रित) भर्ती और प्रोन्नति नियम 2016 का और संशोधन करने के लिए निम्नलिखित नियम बनाते हैं, अर्थात्‌ :-

1. संक्षिप्त नाम और प्रारम्भ.--(1) इन नियमाें का संक्षिप्त नाम हिमाचल प्रदेश तकनीकी शिक्षा, व्यावसायिक एवं औद्योगिक प्रशिक्षण विभाग, सह-आचार्य (इंजीनियरिंग), वर्ग-। (राजपत्रित) भर्ती और प्रोन्नति (द्वितीय संशोधन) नियम, 2017 है।

2. ये नियम राजपत्र, हिमाचल प्रदेश में प्रकाशन की तारीख से प्रवृत्त होंगे।

2. उपाबन्ध-"क" का संशोधन.--हिमाचल प्रदेश तकनीकी शिक्षा, व्यावसायिक एवं औद्योगिक प्रशिक्षण विभाग, सह-आचार्य (इंजीनियरिंग), वर्ग-। (राजपत्रित) भर्ती और प्रोन्नति, नियम, 2016 के उपाबन्ध 'क' में स्तम्भ संख्याः 4 के सामने विद्यमान उपाबन्धों के स्थान पर निम्नलिखित रखा जाएगा, अर्थात्‌ः- "पे बैण्ड ` 37400-670009,000/-ग्रेड पे"

आदेश द्वारा, संजय गुप्ता प्रधान सचिव (तकनीकी शिक्षा)

-----------

[Authoritative English text of this Department Notification No. EDN (TE) A (3) 4/2014-Loose

dated: …………. as required under article 348 (3) of the Constitution of India].

TECHNICAL EDUCATION, VOCATIONAL &

INDUSTRIAL TRAINING DEPARTMENT

NOTIFICATION

Shimla-171002, the………….. 2017

No. EDN (TE) A (3) 4/2014-Loose.—In exercise of the powers conferred by proviso to article 309 of the Constitution of India, the Governor, Himachal Pradesh, in consultation with the Himachal Pradesh Public Service Commission, is pleased to make the following rules further to amend the Himachal Pradesh, Technical Education, Vocational & Industrial Training, Department, Associate Professor (Engineering), Class-I (Gazetted) Recruitment & Promotion Rules, 2016, notified vide this Department notification No. EDN(TE)A(3)4/2014 dated 26.09.2016, namely:—

1. Short title and commencement.—(1) These rules may be called the Himachal Pradesh, Technical Education, Vocational & Industrial Training Department, Associate Professor (Engineering), Class – I (Gazetted) Recruitment and Promotion (second amendment) Rules, 2017.

(2) These rules shall come into force from the date of publication in the Rajparta, Himachal Pradesh.

2. Amendments of Annexure "A".—In Annexure-"A" to the Himachal Pradesh, Technical Education, Vocational and Industrial Training Department, Associate Professor (Engineering) Class-I (Gazetted) Recruitment and Promotion Rules, 2016 for the existing provisions against Col. No. 4, the following shall be substituted, namely:—

"Pay Band ` 37400-67000+9,000/- Grade Pay"

By order, SANJAY GUPTA, Principal Secretary (T.E.) .

NOTIFICATION

Shimla, the 27th September, 2017

No. HPERC/438.—WHEREAS the Himachal Pradesh Electricity Regulatory Commission made the Himachal Pradesh Electricity Regulatory Commission (Renewable Power Purchase Obligation and its Compliance) Regulations, 2010, published in the Rajpatra, Himachal Pradesh, dated 29th May, 2010;

AND WHEREAS as per the 60th meeting of Forum of Regulators (FoR), there was general consensus of opinion that the SERCs may deploy generic web-tool for monitoring the RPPO compliance on the pattern of the web-tool developed and integrated with the Rajasthan Renewable Energy Corporation Limited (RRECL) website;

AND WHEREAS in the said 60th meeting of Forum of Regulators (FoR), it was proposed to implement the monitoring of RPPO compliance through the generic web-tool and the SERCs are required to provide regulatory support for web-tool implementation;

NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 62, Section 66, clauses (a), (b) and (e) of sub-regulation (1) of Section 86 and sub-section (1) and clause (zi) of sub-section (2) of Section 181, of the Electricity Act, 2003 (36 of 2003), read with Section 21 of the General Clauses Act,1897 (10 of 1897), and all other powers enabling it in this behalf, the Commission proposes to amend the Himachal Pradesh Electricity Regulatory Commission (Renewable Power Purchase Obligation and its Compliance) Regulations, 2010 and as required by sub-section (3) of Section 181 of the said Act and rule 3 of the Electricity (Procedure for Previous Publication) Rules, 2005, the draft amendment regulations are hereby published for the information of all the persons likely to be affected thereby; and notice is hereby given that the said draft amendment regulations will be taken into consideration, after the expiry of thirty (30) days from the date of publication of the proposed amendment in the Rajpatra, Himachal Pradesh, together with any objections or suggestions which may within the aforesaid period be received in respect thereto.

The text of the aforesaid draft regulations is also available on the website of the Commission i.e. http.//www.hperc.org.

The objections or suggestions in this behalf should be addressed to the Secretary, Himachal Pradesh Electricity Regulatory Commission, Vidyut Aayog Bhawan, Block-37, SDA Complex, Kasumpti-171009 (HP).

DRAFT REGULATIONS

1. Short title and commencement.— (1) These regulations may be called the Himachal Pradesh Electricity Regulatory Commission (Renewable Power Purchase Obligation and its Compliance) (Fourth Amendment) Regulations, 2017.

(2) These regulations shall come into force from the date of their publication in the Rajpatra, Himachal Pradesh.

2. Amendment of Regulation 4.—In the sub-regulation (3) of regulation 4 of the Himachal Pradesh Electricity Regulatory Commission (Renewable Power Purchase Obligation and6621 राजपत्र, हिमाचल प्रदेश, 3 अक्तूबर, 2017/11 आश्विन, 1939 its Compliance) Regulations, 2010, (hereinafter referred as "the said regulations"), the following proviso shall be inserted in between the existing second and third provisos, namely:—

"Provided further that the quantum of electricity generated by the consumer through roof- top solar PV system under net metering arrangement in any year, shall qualify towards compliance for solar RPPO of the Distribution Licensee or the consumer, as the case may be, for that year in accordance with the provisions contained in Himachal Pradesh Electricity Regulatory Commission (Rooftop Solar PV Grid Interactive Systems based on Net Metering) Regulations, 2015:"

3. Amendment of Regulation 6.— After the existing sub-regulation (2) of regulation 6 of the said regulations, the following sub-regulation (2 A) shall be added, namely:—

"(2A) (i) The State Agency shall, in consultation with the Commission, develop and maintain RPPO web-portal for registration by the obligated entities and for the compliance, monitoring and reporting etc. of RPPOs and simultaneously also formulate suitable procedures for smooth functioning of web-portal in relation to such activities.

(ii) The State Agency after the RPPO web-portal is developed and procedures are formulated under clause (i), shall, through public notices, declare the web-portal to be operative."

4. Substitution of Regulation 7.— For existing regulation 7 of the said regulations, the following shall be substituted, namely:—

"7. Registration and reporting by the obligated entities.— (1) The obligated entities, including those already registered off line with the State Agency, shall mandatorily register themselves online on RPPO web-portal within three months from the date on which the RPPO web-portal is declared, under clause (ii) of sub-regulation (2A) of regulation 6 to be operative, or from the date on which the entity qualifies for being an obligated entity under these regulations whichever is later and shall also furnish requisite information, on quarterly and annual basis as per the procedures, formulated by the State Agency under clause (i) of sub-regulation (2 A) of regulation 6.

(2) The obligated entities shall submit, online, necessary details regarding total consumption of electricity and power purchased from Renewable Energy Sources or Renewable Energy Certificate(s) procured, alongwith the reasons for shortfalls, if any, and the plans for fulfillment of RPPO as well as any other information as the State Agency may require, on quarterly basis before the end of the sixth week of the succeeding quarter and annual consolidated report on or before the 15th May of the succeeding year:

Provided that till such time the RPPO web portal becomes fully operative under clause (ii) of sub-regulations (2A) of regulation 6 such information shall be submitted alongwith its hard copy to the State Agency.

(3) The State Agency shall get the data submitted by the obligated entity, other than the Distribution Licensee, verified from the appropriate authorities viz the Nodal Agency in case of Open Access consumers and the officers designated by the Distribution Licensee in case of the captive consumers:

Provided that the State Agency, if it finds appropriate, may, in consultation with the Commission also appoint the third party verifier, for verification of the data of the obligated entities.

6622 राजपत्र, हिमाचल प्रदेश, 3 अक्तूबर, 2017/11 आश्विन, 1939 (4) Save as provided in sub-regulations (2) and (3) of this regulation, each distribution licensee shall also indicate, along with sufficient proof thereof, the estimated quantum of purchase from renewable sources for the ensuing year in tariff/annual performance review petition in accordance with regulations made by the Commission. The estimated quantum of purchase shall be in accordance with sub-regulation (1) of regulation 4 of these regulations."

5. Substitution of Regulation 8.— For the existing regulation 8 of the said regulations, the following shall be substituted, namely:—

"8. Fulfillment of RPPOs.—(1) The quantum of RPPO inclusive of transmission and distribution losses mentioned in sub-regulation (2) of regulation 4 shall be applicable to captive and open access user(s)/consumer(s) from the date made by the Commission in the Official Gazette.

(2) The obligated entities shall meet the RPPOs on quarterly and yearly basis as per provisions specified in regulations 4 and 5 of these regulations.

(3) The shortfall, if any, in the compliance of RPPOs in any year shall, unless such shortfall occurred due to non-availability of Renewable Energy Certificates (RECs) in the year in which such shortfall occurred, not be allowed to be carried forward to, or subsequent yearly adjustment against the surpluses of any subsequent year(s).

(4) Failure on the part of any obligated entity to meet its RPPO in any year shall be dealt in accordance with the provisions contained in regulation 9 of these regulations."

5. Amendment of Regulation 9.— (i) In sub-regulation (1) of regulation 9 of the said regulation, for the words " forbearance price", shall be substituted with words "floor price".

(ii) In regulation 9 of the said regulations, for sub-regulation (2), the following shall be substituted, namely:—

"(2) Where any obligated entity fails to furnish requisite information, as provided under regulation 7, or fails to comply with the obligation to purchase the required percentage of power from renewable energy sources as provided under these regulations or fails to purchase the renewable energy certificates, it shall also be liable for penalty as may be imposed by the Commission under Section 142 of the Act:

Provided that in case of genuine difficulty in complying with the renewable power purchase obligation because of non-availability of certificates, the obligated entity can approach the Commission to carry forward the compliance requirement to the next year:

Provided further that where the Commission has consented to carry forward of compliance requirement, the provision of sub-regulation (1) or the provision of section 142 of the Act shall not be invoked."

By order of the Commission, Sd/- Secretary.

अधिसूचना

दिनांक : 25 सितम्बर, 2017

संख्याः एस0जे0ई0-एफ-(5)-4/2006-1.--राज्यपाल, हिमाचल प्रदेश ''बेटी है अनमोल योजना'' के अन्र्तगत जारी अधिसूचना सम संख्यक दिनांक 05.07.2010 तथा दिनांक 23.07.2015 के क्रम को जारी रखते हुए इस योजना के परिशिष्ठ 'क' की मद संख्या 6(ii) में आंशिक संशोधन करते हुए इस योजना के तहत पात्र बेटी को शिक्षा प्राप्त करने के लिए दी जाने वाली विद्यालय स्तर की छात्रवृति को स्नातक स्तर तक अनुबन्ध श्कश् के अनुसार बढाने की स्वीकृति प्रदान करते हैं। शेष शर्तें यथावत रहेंगी।

यह अधिसूचना जारी होने की तिथि से लागू होगी।

आदेश द्वारा, आर0डी0 धीमान, प्रधान सचिव (सा0 न्याय एवं अधि0)।

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अनुबन्ध "क"

6624 राजपत्र, हिमाचल प्रदेश, 3 अक्तूबर, 2017/11 आश्विन, 1939 ब अदालत श्री माया राम शर्मा, सहायक समाहर्ता प्रथम श्रेणी एवं तहसीलदार, शिलाई, जिला सिरमौर, हि0 प्र0 ब मुकद्दमा

श्री जोगी राम सुपुत्र श्री सही राम, निवासी ग्राम बोबरी, तहसील शिलाई, जिला सिरमौर, हि0 प्र0

बनाम

आम जनता

प्रार्थना पत्र बराए दुरुस्ती नाम

श्री जोगी राम सुपुत्र श्री सही राम, निवासी ग्राम बोबरी, तहसील शिलाई, जिला सिरमौर, हि0 प्र0 ने इस अदालत में प्रार्थना-पत्र गुजारा है कि उसका नाम जोगी राम है मुताबिक पंचायत रिकार्ड, फोटो पहचान-पत्र व आधार कार्ड में भी उसका नाम जोगी राम सही है परन्तु राजस्व रिकॉर्ड में उसका नाम जगत सिंह दर्ज किया गया है जोकि गलत है। इसे दुरुस्त किया जाना उचित है।

अतः आम जनता को बजरिये इश्तहार सूचित किया जाता है कि यदि उपरोक्त बारे किसी को कोई उजर/एतराज हो तो वह अधोहस्ताक्षरी की अदालत में दिनांक 03-10-2017 से पूर्व अपना एतराज असालतन या वकालतन पेश कर सकता है। निर्धारित अवधि के भीतर एतराज प्राप्त न होने की सूरत में आगामी कार्यवाही नियमानुसार कर दी जायेगी।

आज दिनांक 12-09-2017 को हमारेे हस्ताक्षर व कार्यालय मोहर से जारी हुआ।

मोहर। हस्ताक्षरित/- सहायक समाहर्ता प्रथम श्रेणी, एवं तहसीलदार शिलाई, जिला सिरमौर (हि0 प्र0)। नियन्त्रक, मुद्रण तथा लेखन सामग्री, हिमाचल प्रदेश, शिमला-5 द्वारा मुद्रित तथा प्रकाशित इलेक्ट्रॉनिक हस्ताक्षरित राजपत्र, वैबसाइट http://rajpatrahimachal.nic.in पर उपलब्ध है एवम्‌ ऑनलाइन सत्यापित किया जा सकता है