REGD NO. JK––33 THE JAMMU & KASHMIR GOVERNMENT GAZETTE
| –––––––––––––––––––––––––––––––––––––––––––––––––––––– CONTENTS | English Pages | Vernacu- lar pages | |
| PART I-A- Appointments, promotions, transfers and leave of absence sanctioned by the Governor, Government and the Ministers .... PART I-B- Notifications, Communiques and General Orders by the Government and the Ministers .... PART II-A- Appointments, promotions, transfers and leave of absence sanctioned by Heads of Departments .... PART II-B- Notifications, Notices and Orders by Heads of Departments, Provincial Heads, Magistrates and other officers competent to issue public notices under any law or rule..... PART II-C- Notifications, Notices and Orders by Election Commission of India, Chief Electoral Officer, Jammu and Kashmir and other Officers of the Department, Election Petitions and Judgements of Election Tribunal .... PART III- Laws, Regulations and Rules passed thereunder .... PART IV- Reprints from the Government of India Gazette or Gazettes of others Governments.... PART V- Information and Statistics .... (a) Rates and prices in the State.... (b) Rates and wages .... (c) Crop Report and Forecasts .... (d) Whether Observations .... (e) Vital Statistics .... SUPPLEMENT-A–Trade Monthly Imports and Exports from the State .... SUPPLEMENT-B–Police .... SUPPLEMENT-C–Advertisements .... | 220-228 131-134 43-44 367-380 95-96 | 121-124 |
220 The J&K Govt. Gazette, 27th Aug., 2015/5th Bhad., 1937. [ No. 22 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————–
PART I-A
Jammu & Kashmir Government–Orders.
––––––––
HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR.
Notification
No. 182 Dated 27-05-2015.
It is hereby notified that vide High Court Order dated 19-05-2015 Ms. Chandni Bhagat D/o Shri Shamsher Bhagat R/o Sector 6, H. No. 92, Model Town, Gangyal, Jammu has been admitted and enrolled as an Advocate on the Rolls of Jammu and Kashmir Bar Council provisionally for a period of one year from the date of issuance of this notification. Her name has been entered under Serial No. JK-211/2015 in the Roll of Advocates maintained by this Registry.
The renewal/extension of provisional license/enrolment must be sought before the date of expiry unless the absolute/final enrolment as an Advocate is ordered therebefore.
––––––––
Notification
No. 183 Dated 27-05-2015.
It is hereby notified that vide High Court Order dated 19-05-2015 Mr. Randeep Singh S/o Mr. Mohan Singh R/o H. No. 119, Sector-11, Nanak Nagar, Jammu has been admitted and enrolled as an Advocate on the Rolls of Jammu and Kashmir Bar Council provisionally for a period of one year from the date of issuance of this notification. His name has been entered under Serial No. JK-201/2015 in the Roll of Advocates maintained by this Registry.
No. 22] The J&K Govt. Gazette, 27th Aug., 2015/5th Bhad., 1933. 221 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––———
The renewal/extension of provisional license/enrolment must be sought before the date of expiry unless the absolute/final enrolment as an Advocate is ordered therebefore.
––––––––
Notification
No. 184 Dated 28-05-2015.
It is hereby notified that vide High Court Order dated 19-05-2015 Mr. Dheondra Partap Singh S/o Shri Digvijay Singh Sambyal R/o Mandi Kehli, Samba A/P H. No. 369, Sector-F, Sainik Colony, Jammu has been admitted and enrolled as an Advocate on the Rolls of Jammu and Kashmir Bar Council provisionally for a period of one year from the date of issuance of this notification. His name has been entered under Serial No. JK-242/2015 in the Roll of Advocates maintained by this Registry.
The renewal/extension of provisional license/enrolment must be sought before the date of expiry unless the absolute/final enrolment as an Advocate is ordered therebefore.
––––––––
Notification
No. 185 Dated 28-05-2015.
It is hereby notified that vide High Court Order dated 19-05-2015 Mr. Anoop Plathia S/o Shri Nand Lal R/o Arnia, Ward No. 3, House No. 64, Bishnah, Jammu has been admitted and enrolled as an Advocate on the Rolls of Jammu and Kashmir Bar Council provisionally for a period of one year from the date of issuance of this notification. His name has been entered under Serial No. JK-225/15 in the Roll of Advocates maintained by this Registry.
The renewal/extension of provisional license/enrolment must be sought before the date of expiry unless the absolute/final enrolment as an Advocate is ordered therebefore.
––––––––
222 The J&K Govt. Gazette, 27th Aug., 2015/5th Bhad., 1937. [ No. 22 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————– Notification
No. 186 Dated 28-05-2015.
It is hereby notified that vide High Court Order dated 19-05-2015 Mr. Yoginder Singh Jamwal S/o Late Shri Rawel Singh Jamwal R/o Majhli Mandi, Village Raipur, Jammu A/P Cosmic College Complex, Lakhanpur, Kuthua has been admitted and enrolled as an Advocate on the Rolls of Jammu and Kashmir Bar Council provisionally for a period of one year from the date of issuance of this notification. His name has been entered under Serial No. JK-208/2015 in the Roll of Advocates maintained by this Registry.
The renewal/extension of provisional license/enrolment must be sought before the date of expiry unless the absolute/final enrolment as an Advocate is ordered therebefore.
––––––––
Notification
No. 187 Dated 28-05-2015.
It is hereby notified that vide High Court Order dated 19-05-2015 Mr. Hardesh Kumar S/o Shri Shish Pal R/o Ward No. Old-4, New 7, Qasiba Bala, Nowshera, District Rajouri has been admitted and enrolled as an Advocate on the Rolls of Jammu and Kashmir Bar Council provisionally for a period of one year from the date of issuance of this notification. His name has been entered under Serial No. JK-224/15 in the Roll of Advocates maintained by this Registry.
The renewal/extension of provisional license/enrolment must be sought before the date of expiry unless the absolute/final enrolment as an Advocate is ordered therebefore.
––––––––
Notification
No. 188 Dated 28-05-2015.
It is hereby notified that vide High Court Order dated 19-05-2015 Mr. Trishant Gupta S/o Shri Sushil Gupta R/o Ward No. 10, Kathua has been admitted and enrolled as an Advocate on the Rolls of Jammu and No. 22] The J&K Govt. Gazette, 27th Aug., 2015/5th Bhad., 1933. 223 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––———
Kashmir Bar Council provisionally for a period of one year from the date of issuance of this notification. His name has been entered under Serial No. JK-207/15 in the Roll of Advocates maintained by this Registry.
The renewal/extension of provisional license/enrolment must be sought before the date of expiry unless the absolute/final enrolment as an Advocate is ordered therebefore.
––––––––
Notification
No. 189 Dated 28-05-2015.
It is hereby notified that vide High Court Order dated 19-05-2015 Ms. Meetika Sharma D/o Shri Ramesh Chander R/o Sanghani, P/O Barui, Akhnoor, District Jammu has been admitted and enrolled as an Advocate on the Rolls of Jammu and Kashmir Bar Council provisionally for a period of one year from the date of issuance of this notification. Her name has been entered under Serial No. JK-206/15 in the Roll of Advocates maintained by this Registry.
The renewal/extension of provisional license/enrolment must be sought before the date of expiry unless the absolute/final enrolment as an Advocate is ordered therebefore.
––––––––
Notification
No. 190 Dated 28-05-2015.
It is hereby notified that vide High Court Order dated 19-05-2015 Ms. Monika Rathore D/o Shri Sehdev Singh Rathore R/o Village Khanetar, Tehsil Haveli, District Poonch A/P H. No. 62/A, Daily Excelsior Lane, Indira Colony, Old Janipur, Jammu has been admitted and enrolled as an Advocate on the Rolls of Jammu and Kashmir Bar Council provisionally for a period of one year from the date of issuance of this notification. Her name has been entered under Serial No. JK-205/15 in the Roll of Advocates maintained by this Registry.
224 The J&K Govt. Gazette, 27th Aug., 2015/5th Bhad., 1937. [ No. 22 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————–––
The renewal/extension of provisional license/enrolment must be sought before the date of expiry unless the absolute/final enrolment as an Advocate is ordered therebefore.
––––––––
Notification
No. 191 Dated 28-05-2015.
It is hereby notified that vide High Court Order dated 19-05-2015 Mr. Asif Ali Malik S/o Shri Ali Mohd Malik R/o Frestabal, Pampore, District Pulwama has been admitted and enrolled as an Advocate on the Rolls of Jammu and Kashmir Bar Council provisionally for a period of one year from the date of issuance of this notification. His name has been entered under Serial No. JK-243/15 in the Roll of Advocates maintained by this Registry.
The renewal/extension of provisional license/enrolment must be sought before the date of expiry unless the absolute/final enrolment as an Advocate is ordered therebefore.
––––––––
Notification
No. 192 Dated 28-05-2015.
It is hereby notified that vide High Court Order dated 19-05-2015 Ms. Afshana Nazir Rather D/o Shri Nazir Ahmad Rather R/o Sarai Safa Kadal, Sonerkul, Srinagar has been admitted and enrolled as an Advocate on the Rolls of Jammu and Kashmir Bar Council provisionally for a period of one year from the date of issuance of this notification. Her name has been entered under Serial No. JK-248/2015 in the Roll of Advocates maintained by this Registry.
The renewal/extension of provisional license/enrolment must be sought before the date of expiry unless the absolute/final enrolment as an Advocate is ordered therebefore.
––––––––
No. 22] The J&K Govt. Gazette, 27th Aug., 2015/5th Bhad., 1933. 225 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––———
Notification
No. 193 Dated 28-05-2015.
It is hereby notified that vide High Court Order dated 19-05-2015 Mr. Anirudh Partap S/o Lt. Shri Balraj Singh Jamwal R/o Lane No. 4, Tawi Vihar Housing Colony, Sidhra, Jammu has been admitted and enrolled as an Advocate on the Rolls of Jammu and Kashmir Bar Council provisionally for a period of one year from the date of issuance of this notification. His name has been entered under Serial No. JK-232/2015 in the Roll of Advocates maintained by this Registry.
The renewal/extension of provisional license/enrolment must be sought before the date of expiry unless the absolute/final enrolment as an Advocate is ordered therebefore.
––––––––
Notification
No. 194 Dated 28-05-2015.
It is hereby notified that vide High Court Order dated 19-05-2015 Ms. Malvi Sumbyal D/o Shri Pawan Singh R/o Mandi Thalora, Samba has been admitted and enrolled as an Advocate on the Rolls of Jammu and Kashmir Bar Council provisionally for a period of one year from the date of issuance of this notification. Her name has been entered under Serial No. JK-237/2015 in the Roll of Advocates maintained by this Registry.
The renewal/extension of provisional license/enrolment must be sought before the date of expiry unless the absolute/final enrolment as an Advocate is ordered therebefore.
––––––––
Notification
No. 195 Dated 28-05-2015.
It is hereby notified that vide High Court Order dated 19-05-2015 Mr. Charanje Lal S/o Shri Isher Dass R/o Mangerli, (Rease), Tehsil and District Udhampur has been admitted and enrolled as an Advocate on the Rolls of Jammu and Kashmir Bar Council provisionally for a period of one 226 The J&K Govt. Gazette, 27th Aug., 2015/5th Bhad., 1937. [ No. 22 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————–––
year from the date of issuance of this notification. His name has been entered under Serial No. JK-231/2015 in the Roll of Advocates maintained by this Registry.
The renewal/extension of provisional license/enrolment must be sought before the date of expiry unless the absolute/final enrolment as an Advocate is ordered therebefore.
––––––––
Notification
No. 196 Dated 28-05-2015.
It is hereby notified that vide High Court Order dated 19-05-2015 Mr. Nischal Jyoti S/o Shri Omkar Singh R/o Deoray Kubbay, P/O Karloop, Tehsil Marh, District Jammu has been admitted and enrolled as an Advocate on the Rolls of Jammu and Kashmir Bar Council provisionally for a period of one year from the date of issuance of this notification. His name has been entered under Serial No. JK-227/2015 in the Roll of Advocates maintained by this Registry.
The renewal/extension of provisional license/enrolment must be sought before the date of expiry unless the absolute/final enrolment as an Advocate is ordered therebefore.
––––––––
Notification
No. 197 Dated 28-05-2015.
It is hereby notified that vide High Court Order dated 19-05-2015 Ms. Bhanu Bhatia D/o Shri Narinder Kumar R/o H. No. 35, New Plot, Rehari, Jammu has been admitted and enrolled as an Advocate on the Rolls of Jammu and Kashmir Bar Council provisionally for a period of one year from the date of issuance of this notification. Her name has been entered under Serial No. JK-228/2015 in the Roll of Advocates maintained by this Registry.
The renewal/extension of provisional license/enrolment must be sought before the date of expiry unless the absolute/final enrolment as an Advocate is ordered therebefore.
––––––––
No. 22] The J&K Govt. Gazette, 27th Aug., 2015/5th Bhad., 1933. 227 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––———
Notification
No. 198 Dated 28-05-2015.
It is hereby notified that vide High Court Order dated 19-05-2015 Ms. Kamal Sharma D/o Shri Birbal Sharma R/o Lower Hathal, Tehsil Sunderbani, District Rajouri A/P Narwal Bye-Pass Road, Mohalla Shiv Shakti Temple, Jammu has been admitted and enrolled as an Advocate on the Rolls of Jammu and Kashmir Bar Council provisionally for a period of one year from the date of issuance of this notification. Her name has been entered under Serial No. JK-215/2015 in the Roll of Advocates maintained by this Registry.
The renewal/extension of provisional license/enrolment must be sought before the date of expiry unless the absolute/final enrolment as an Advocate is ordered therebefore.
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Notification
No. 199 Dated 28-05-2015.
It is hereby notified that vide High Court Order dated 19-05-2015 Ms. Kanchan Verma D/o Shri Puran Chand R/o Kangrail, Tehsil and District Jammu has been admitted and enrolled as an Advocate on the Rolls of Jammu and Kashmir Bar Council provisionally for a period of one year from the date of issuance of this notification. Her name has been entered under Serial No. JK-221/2015 in the Roll of Advocates maintained by this Registry.
The renewal/extension of provisional license/enrolment must be sought before the date of expiry unless the absolute/final enrolment as an Advocate is ordered therebefore.
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Notification
No. 200 Dated 29-05-2015.
It is hereby notified that vide High Court Order dated 19-05-2015 Mr. Vinod Kumar Mahajan S/o Shri Dewan Mela Ram Mahajan R/o H. No. 281, Sector-3, Channi Himmat, Jammu has been admitted and 228 The J&K Govt. Gazette, 27th Aug., 2015/5th Bhad., 1937. [ No. 22 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————––– enrolled as an Advocate on the Rolls of Jammu and Kashmir Bar Council provisionally for a period of one year from the date of issuance of this notification. His name has been entered under Serial No. JK-238/2015 in the Roll of Advocates maintained by this Registry.
The renewal/extension of provisional license/enrolment must be sought before the date of expiry unless the absolute/final enrolment as an Advocate is ordered therebefore.
––––––––
Notification
No. 201 Dated 29-05-2015.
It is hereby notified that vide High Court Order dated 19-05-2015 Ms. Vishakha Chib D/o Shri Sham Singh R/o Khour, District Jammu A/P Purkhoo, P/O Domana, Jammu has been admitted and enrolled as an Advocate on the Rolls of Jammu and Kashmir Bar Council provisionally for a period of one year from the date of issuance of this notification. Her name has been entered under Serial No. JK-219/2015 in the Roll of Advocates maintained by this Registry.
The renewal/extension of provisional license/enrolment must be sought before the date of expiry unless the absolute/final enrolment as an Advocate is ordered therebefore.
(Sd.) G. M. PARRAY,
Joint Registrar (Adm.).
THE
JAMMU & KASHMIR GOVERNMENT GAZETTE
Vol. 128] Srinagar, Thu., the 27th August, 2015/5th Bhad., 1937. [ No. 22
Separate paging is given to this part in order that it may be filed as a separate compilation.
PART I—B
Jammu and Kashmir Government—Notifications.
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GOVERNMENT OF JAMMU AND KASHMIR, CIVIL SECRETARIAT—GENERAL ADMINISTRATION
DEPARTMENT (Administration Section).
Subject :— Appointment of Chairperson, J&K State Social Welfare
Board.
————
Corrigendum to Government Order No. 954-GAD of 2015
Dated 09-07-2015.
Please read "Dr. (Prof.) Nirmal Gupta" in place of "Dr. (Prof.) Nirmal Kamal" wherever appearing in the Government Order 132 The J&K Govt. Gazette, 27th Aug., 2015/5th Bhad., 1937. [ No. 22 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————–––
No. 954-GAD of 2015 dated 09-07-2015, issued under endorsement
No. GAD (Adm.) 253/2008-V dated 09-07-2015.
By order of the Government of Jammu and Kashmir.
(Sd.) IMTEEAZ KACHO,
Under Secretary to the Government,
General Administration Department.
—————
GOVERNMENT OF JAMMU AND KASHMIR, CIVIL SECRETARIAT—GENERAL ADMINISTRATION
DEPARTMENT (Services).
Subject :— Setting up of a Lead Agency to act as the Secretariat of the State Road Safety Council–measures to promote Road Safety thereof.
Reference :— (i) F. No. 44/CoRS/2014 dated the 3rd of March, 2015, and the 4th of June, 2015, from the Secretary, Committee of Road Safety, Supreme Court of India.
(ii) U. O. No. TR-161/MVD/2015 dated 17-06-2015 from
the Transport Department.
————
Government Order No. 854-GAD of 2015
Dated 29-06-2015.
Sanction is hereby accorded to the setting up of a Lead Agency to act as the 'Secretariat of the State Road Safety Council' and coordinate all No. 22] The J&K Govt. Gazette, 27th Aug., 2015/5th Bhad., 1933. 133 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––———
activities relating to the road safety in the State, which would include the
functions of the Police, Public Works (R&B) Department, Education
Department, Health Department, Local Bodies, Non-Government
Organizations and other departments concerned with the road safety.
It is further ordered that the Secretariat shall function under the
charge of the Administrative Secretary, Transport Department and
comprise the following staff to be posted from the departments
indicated against each :—
1. Additional Secretary An officer holding the Selection
Grade of KAS, to be deputed by the
General Administration Department.
2. Additional Secretary An SSP level officer, to be deputed
(Technical) by the Home Department.
3. Additional Secretary A Superintending Engineer level
(Technical) officer, to be deputed by the Public
Works (R&B) Department.
4. Under Secretary A Junior Scale of KAS/equivalent
level officer, to be deputed by the
General Administration Department.
5. Statistical Officer To be deputed by the Planning and
Development Department.
6. Head Assistant To be deputed by the General
Administration Department.
7. Personal Assistant To be deputed by the General
Administration Department.
8. Senior Assistant To be deputed by the General
Administration Department.
134 The J&K Govt. Gazette, 27th Aug., 2015/5th Bhad., 1937. [ No. 22 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————–––
The above officers/officials shall, upon their posting in the Secretariat
of the State Road Safety Council, continue to draw their salary from their
respective parent departments, till further orders.
By order of the Government of Jammu and Kashmir.
(Sd.) GAZZANFER HUSSAIN,
Commissioner/Secretary to the Government,
General Administration Department.
—————
GOVERNMENT OF JAMMU AND KASHMIR, CIVIL SECRETARIAT—CHIEF MINISTER'S SECRETARIAT.
Subject :— J&K Government Grievance Cell.
Reference :— Order No. 775-GAD of 2015 dated 10-06-2015 issued by
the General Administration Department.
————
Order No. CMS–35 of 2015
Dated 07-07-2015.
Order No. CMS-28 of 2015 dated 25-06-2015 issued under endorsement No. CMS/Genl./165/2015 dated 25-06-2015 shall deemed to have been withdrawn abinitio.
(Sd.)...................................
Principal Secretary to HCM.
THE
JAMMU & KASHMIR GOVERNMENT GAZETTE
–––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 128] Srinagar, Thu., the 27th Aug., 2015/5th Bhad., 1937. [ No. 22 –––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation. –––––––––––––––––––––––––––––––––––––––––––––––––––––– PART II––A
Orders by Heads of Departments.
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CHARGE REPORTS
Subject :––Appointment of Kousar Ahmad Qureshi, District and Sessions Judge as Presiding Officer of the Industrial Tribunal and Labour Court, J&K.
–––––––
In pursuance of Government Order No. 2137-LD (A) of 2015 dated 22-07-2015, I have assumed the charge as Presiding Office, of the Office of Industrial Tribunal-cum-Labour Court, Jammu and Kashmir State with effect from day of 29th July, 2015 afternoon.
(Sd.) KOUSAR AHMAD QURESHI,
District and Sessions Judge, Presiding Officer, Industrial Tribunal/Labour Court.
–––––––
44 The J&K Govt. Gazette, 27th Aug., 2015/5th Bhad., 1937. [ No. 22 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————––
Subject :––Assuming of charge as Director General, Fire and Emergency
Services, J&K.
–––––––
In pursuance of Government Order No. 675-GAD of 2015 dated 18-05-2015, I hereby assume the charge as Director General, Fire and Emergency Services, J&K today on 21-05-2015 A. N.
(Sd.) Er. R. S. SODHI,
Director General, Fire and Emergency Services, J&K, Srinagar.
THE
JAMMU & KASHMIR GOVERNMENT GAZETTE
Vol. 128] Srinagar, Thu., the 27th August, 2015/5th Bhad., 1937. [ No. 22
Separate paging is given to this part in order that it may be filed as a separate compilation. –––––––––––––––––––––––––––––––––––––––––––––––––––––– PART II––B
Notifications, Notices and Orders by the Heads of Departments.
————
GOVERNMENT OF JAMMU AND KASHMIR,
OFFICE OF THE DEPUTY COMMISSIONER,
SHOPIAN.
Notification of land under section 4 (1) of State Land Acquisition
Act, 1990.
Subject :—Acquisition of land for construction of Reshnagri
Check-i-Ismilwani road under PMGSY.
––––––—
The Executive Engineer, PMGSY (JKRRDA) vide his No. EE/PMGSY/
POI/1338-39 dated 04-08-2014, placed an indent for leftout 14 Marlas of
land coming under the alignment of Reshnagri Check-i-Ismailwani road.
268 The J&K Govt. Gazette, 27th Aug., 2015/5th Bhad., 1937. [ No. 22 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————
Accordingly, the Tehsildar was directed to prepare Shajra Khasra and
other allied revenue papers, for the said quantum of land vide this office
letter No. DCDS/LAC/15/56 dated 26-02-2015. The Tehsildar, Shopian
vide his No. 156/OQ/Spn dated 12-05-2015, submitted the attested Shajra
Khasra along with other allied revenue papers duly authenticated by the
Indenting Department, Assistant Executive Engineer, PMGSY
(JKRRDA) Sub-Division-1st, Pulwama.
In exercise of powers vested in me under section 4 (1) of State
Land Acquisition Act, 1990, I, Riyaz Ahmad Beigh, KAS, Collector,
Land Acquisition (Assistant Commissioner, Revenue), Shopian, do hereby
notify the land, particulars of which are given below, for its acquisition for
the public purpose namely construction of Reshnagri Check-i-Ismailwani
road.
Particulars of land
District Tehsil Village Khasra Area
No.
–––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M. S.
Shopian Shopian Reshnagri 583 Min 00–14–00
All the concerned persons interested in the land under acquisition,
may file their objections, if any, to the said acquisition before the
undersigned within a period of 15 days, from the date of issuance of this
notification.
(Sd.) RIYAZ AHMAD BEIGH, KAS,
Collector, Land Acquisition,
Assistant Commissioner, Revenue,
Shopian.
————
No. 22] The J&K Govt. Gazette, 27th Aug., 2015/5th Bhad., 1933. 269 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––———
GOVERNMENT OF JAMMU AND KASHMIR, OFFICE OF THE DEPUTY COMMISSIONER, SHOPIAN.
Notification of land under section 4 (1) of State Land Acquisition Act, 1990.
Subject :—Acquisition of land for widening of Shopian-Bijbehara road
from Sangaloo Chowk to Habdipora Crossing.
––––––—
The Executive Engineer, R&B Division, Shopian, placed an indent vide his letter No. LC/19/2237 dated 08-06-2015, for acquisition of land for the widening of Shopian-Bijbehara road from Sangaloo Chowk to Habdipora crossing for land measuring 05 Kanals 03 Marlas and 06 Sersais (for Phase 1st) and accordingly, the Tehsildar, Shopian was directed to prepare the Shajra Khasra and other allied revenue papers. The Tehsildar, Shopian vide his letter No. 206/OQ/Spn dated 25-05-2015, submitted the duly attested Shajra Khasra and other allied revenue papers for land measuring 05 Kanals 03 Marlas 06 Sersais as per the alignment of Indenting Department.
The indenting Department (Executive Engineer, R&B Division, Shopian) vide his letter No. LC/19/5041-45 dated 28-07-2015 submitted the authenticated Shajra Khasra along with other allied revenue papers.
Therefore, in exercise of powers vested in me under section 4 (1) of J&K State Land Acqusiition Act, 1990, I, Riyaz Ahmad Beigh, KAS, Collector, Land Acquisition (Assistant Commissioner, Revenue), Shopian, do hereby notify the land, particulars of which are given below, for its acquisition for the public purpose, namely widening of Shopian-Bijbehara road from Sangaloo Chowk to Habdipora Crossing (Phase 1st) :—
Particulars of land
District Tehsil Village Khasra Area
Nos.
–––––––––––––––––––––––––––––––––––––––––––––––––––––
1 2 3 4 5
–––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M. S. Sq.
Feet
Shopian Shopian Hergam 187 00–07–07–04.5
190 00–03–00–16.0 270 The J&K Govt. Gazette, 27th Aug., 2015/5th Bhad., 1937. [ No. 22 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————
1 2 3 4 5
––––––––––––––––––––––––––––––––––––––––––––––––––––– K. M. S. Sq. Feet
191 00–02–02–19.0
197 00–02–00–02.0
198 00–03–00–24.0
199 00–03–05–23.0
200 00–02–03–25.0
532 00–01–01–05.0
598/532 00–01–06–11.5
686/532 00–03–03–03.5
726/532 00–01–04–07.0
711/532 00–03–08–10.0
716/532 00–01–06–26.0
839/532 00–00–07–22.0
878/532 00–02–07–09.5
898/532 00–00–07–16.5
911/532 00–00–06–11.0
914/532 00–01–00–04.0
943/532 00–00–07–28.5
944/532 00–01–03–14.0
980/532 00–09–04–23.0
1376/532 00–00–05–29.0
1381/532 00–00–03–29.0
1385/532 00–00–07–08.0
1386/532 00–00–03–17.0
1395/532 00–00–07–08.5
1436/1313/532 01–16–03–21.0 No. 22] The J&K Govt. Gazette, 27th Aug., 2015/5th Bhad., 1933. 271 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––———
1 2 3 4 5
––––––––––––––––––––––––––––––––––––––––––––––––––––– K. M. S. Sq. Feet
1439/1313/532 00–00–05–29.0
201 min 00–07–07–20.0 —————— Total 05–03–06–00.0 ——————
All the concerned persons interested in the land under acquisition, may file their objections, if any, to the said acquisition before the undersigned within a period of 15 days from the date of issuance of this notification.
(Sd.) RIYAZ AHMAD BEIGH, KAS,
Collector, Land Acquisition,
Assistant Commissioner, Revenue,
Shopian.
————
IN THE COURT OF SPECIAL MUNICIPAL MOBILE
MAGISTRATE, JAMMU.
Present : Ashwani Kumar Sharma
State through P/S, Pacca Danga, Jammu
Vs.
Dilbag Singh S/o Satwant Singh R/o Palanwala, Tehsil Akhnoor.
FIR No. 207/94 for the offences under section 294 RPC of
P/S, Pacca Danga, Jammu.
Proclamation under section 87 Cr. P. C.
Whereas, the proceeding under section 87 Cr. P. C. are pending against the accused before this court from 18-12-2013 but the accused has failed to cause his appearance before this court so far.
272 The J&K Govt. Gazette, 27th Aug., 2015/5th Bhad., 1937. [ No. 22 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————
Through the medium of this proclamation accused is directed to cause his appearance before this court within 30 days from the date of publication of this proclamation failing which proceeding under section 87/88 Cr. P. C. shall be launched against the accused and the property of the accused both movable and immovable shall be attached. Put up on 26-08-2015.
Given under my hand and seal of this court today on
6th June, 2015.
(Sd.)................................
Special Municipal Mobile Magistrate, Jammu.
————
IN THE COURT OF SPECIAL MUNICIPAL MOBILE
MAGISTRATE, JAMMU.
Present : Ashwani Kumar Sharma
State through P/S, Bahu-Fort, Jammu
Vs.
Ghulam Hussain S/o Sher Ali R/o Angralla, Tehsil Mahore,
District Udhampur, A/P Rakh Bahu.
FIR No. 2/01 for the offences under section 451/323 RPC.
Proclamation under section 87 Cr. P. C.
Whereas, the proceeding under section 87 Cr. P. C. are pending against the accused before this court from 28-05-2005 but the accused has failed to cause his appearance before this court so far.
Through the medium of this proclamation accused is directed to cause his appearance before this court within 30 days from the date of publication of this proclamation failing which proceeding under section 87/88 Cr. P. C. shall be launched against the accused and the property of the accused both movable and immovable shall be attached. Put up on 20-08-2015.
No. 22] The J&K Govt. Gazette, 27th Aug., 2015/5th Bhad., 1933. 273 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––——— Given under my hand and seal of this court today
on 02-06-2015.
(Sd.)................................
Special Municipal Mobile Magistrate, Jammu.
————
GOVERNMENT OF JAMMU AND KASHMIR, OFFICE OF THE DEPUTY COMMISSIONER,
SRINAGAR.
Notification
Whereas, the land specifications of which are given below is required for public purpose namely "Construction of Drainage at Kursoo Padshahi Bagh, Tehsil South", Srinagar ;
Whereas, notification as required under sub-section (1) of section 4 of the Land Acquisition Act, 1990 Svt. was issued by District Collector, Srinagar vide his No. DCS/LAS/1233/70-79 dated 11-06-2014 ;
Whereas, Government has delegated powers of authorization and declaration under sections 6&7 of the Land Acquisition Act, 1990 Svt. under SRO-235 dated 11-08-2009 ;
Whereas, the land is required for public purpose viz. "Construction of Drainage at Kursoo Padshahi Bagh, Tehsil South", Srinagar, the specification of which are given below :—
Specifications
District Tehsil Estate/ Khasra Area
Mouza No.
–––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M. S.
Srinagar South KP 167 00–05–92
Srinagar Bagh
274 The J&K Govt. Gazette, 27th Aug., 2015/5th Bhad., 1937. [ No. 22 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————
Now, therefore, it is hereby declared under section 6 of the
said Act, that the land aforementioned is required for public purpose.
Further, the Collector, Land Acquisition (Assistant Commissioner,
Revenue), Srinagar is directed under section 7 of the said Act, to
take proceedings with acquisition of the land specifications which are
given above.
(Sd.).......................
District Collector,
Deputy Commissioner,
Srinagar.
————
GOVERNMENT OF JAMMU AND KASHMIR,
OFFICE OF THE DEPUTY COMMISSIONER,
GANDERBAL.
(Mini Secretariat)
Subject :—Acquisition of additional land for widening of SSG Road in
Estate Kangan, Tehsil Kangan.
————
In exercise of the powers vested in me under section 4 (1) of J&K
Land Acquisition Act, Samvat 1990, I, Naseer Ahmad Wani, Collector,
Land Acquisition (Assistant Commissioner, Revenue), Ganderbal do hereby
notify that the land particulars of which are given below for public purpose namely widening of SSG road in Estate Kangan, Tehsil Kangan :—
Particulars of land
District Tehsil Village Survey Area
Nos. Involved
–––––––––––––––––––––––––––––––––––––––––––––––––––––
1 2 3 4 5
–––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M. S.
Ganderbal Kangan Kangan 261 min 00–03–4½ No. 22] The J&K Govt. Gazette, 27th Aug., 2015/5th Bhad., 1933. 275 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––———
1 2 3 4 5
–––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M. S.
1455/262 00–11–00
281 00–06–02
280 00–11–06
1149/917 00–12–00
906 min 01–13–06
1297/920 00–11–06
250 00–07–03
1755/472 min 00–00–06
1756/472 00–01–00
1164/940/910 00–03–00
507 min 00–16–06
————
Total 05–18–3½
————
Having notified the land above, objections, if any, in terms of
sections 5&5 (A) of the J&K Land Acquisition Act, Samvat 1990
shall be filed by the land owners/other interested persons before the
undersigned within fifteen days from the publication of this notification
in the Print Media. No objections shall be entertained after the
stipulated time.
(Sd.)........................
Collector, Land Acquisition, Assistant Commissioner (Rev.), Ganderbal.
————
276 The J&K Govt. Gazette, 27th Aug., 2015/5th Bhad., 1937. [ No. 22 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————
GOVERNMENT OF JAMMU AND KASHMIR,
COMMERCIAL TAXES DEPARTMENT, OFFICE OF THE COMMER4CIAL TAXES OFFICER, KARGIL, LADAKH.
Notification No. 03 of 2015
Dated 19-05-2015.
It has been reported by M/s. Haidary Construction Company, Baroo Colony, Kargil bearing TIN 0118-301-1449 that he has lost a blank declaration C-Form and the matter stands published in the "Kashmir Times dated 03-06-2014". The dealer has also furnished an indemnity bond in this regard which is placed on record file. The detail of lost C-Form is as under :—
S. No. C-Form No. Status ——————————————
01. 04V-682479 Blank
Accordinly, the above detailed C-From is declared as invalid and obsolete for the purpose of section 8 (4) of the CST Act, 1956 and the dealers are cautioned against accepting the said forms for the purpose of trade and finder, if any, may please return the same to the undersigned.
Any one fraudulently found using the said lost C-Form shall bind himself liable for action in accordance with the provisions of the CST Act, 1956 and the rules framed thereunder.
(Sd.) M. FAROOQ AHMAD,
Assessing Authority, Commercial Taxes Circle, Kargil.
————
No. 22] The J&K Govt. Gazette, 27th Aug., 2015/5th Bhad., 1933. 277 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––———
THE JAMMU AND KASHMIR STATE BOARD OF SCHOOL
EDUCATION, NEW CAMPUS, BEMINA, SRINAGAR.
Notice for General Public
The candidate whose particulars are mentioned below is
claiming to have lost/gutted his Original and as well as Duplicate
Qualification Certificate/s issued by J&K State Board of School
Education, under Serial Nos. 2012109 & 001264 respectively, with
following particulars :—
1. Name : Zahoor Ahmad Khanday
2. Parentage : Ali Mohd Khanday
3. Residence : Gousa Colony, Bemina
4. Date of Birth : 05-09-1985
5. Roll No. : 824496
6. Session : 2003, Annual
7. Result : Passes
Now, the candidate has applied for "2nd Duplicate Qualification
Certificate". Before, the same is processed and provided to the
concerned candidate, any person/s having any objections in this regard,
may please file the same before the Secretary, BOSE or to the
undersigned within a period of seven days from the date of issue
of this notice.
Besides, the above referred "Both Qualification Certificates" be
treated as cancelled.
(Sd.)...............................
Assistant/Deputy Secretary,
(Certificates), K. Division.
________
278 The J&K Govt. Gazette, 27th Aug., 2015/5th Bhad., 1937. [ No. 22 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————
NOTICE
I, Manisha Devi D/o Narinder Kumar R/o Main Chowk, Chinore,
Roop Nagar, Jammu wants to correct the name of my father in my
10th Class (Session 2000, Roll No. 2130648) and 12th Class
(Session 2002, Roll No. 2229676) Mark Sheets of CBSE Board. The
correct name of my father is Narinder Kumar whereas wrongly spelled
as Narindra Kumar in all my above documents. So objections, if any,
regarding name correction as Narinder Kumar may be filed to the
concerned authorities.
————
NOTICE
I have lost my I. T. I. Certificate under Roll No. 1816, Session
July, 1983. Now, I am applying for its duplicate. If anybody has any
objection in this regard he/she may contact I. T. I., Srinagar within
seven days from the publication of this notice after that no objection
will be entertained.
ROSHAN LAL BHAT,
S/o Radha Krishan Bhat
R/o Zewan,
P/O Pantha Chowk,
District Srinagar.
————
NOTICE
I, Rifat Khan W/o Sajad Khan D/o Ghulam Nabi Basu
R/o Bul-Bul, Lanker, Nawa Kadal, Srinagar wants to correct the
name of my father as Ghulam Nabi Basu instead of Ghulam Nabi
Khan which is wrongly written in application form and actual date
of birth is 11th January, 1972 instead of 11th January, 1970 as per
Income Tax Department record. Any person having any objection
in this regard may kindly be conveyed to the concerned UTIITSL,
PAN Section, Navi Mumbal within seven days from the publication
of this notice.
_____ No. 22] The J&K Govt. Gazette, 27th Aug., 2015/5th Bhad., 1933. 279 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––———
GOVERNMENT OF JAMMU AND KASHMIR,
OFFICE OF THE DEPUTY COMMISSIONER,
GANDERBAL.
(Mini Secretariat)
Subject :—Acquisition of land for upgradation/widening of Beehama-
Safapora Road in Estate Pahlipora, Tehsil Lar, District Ganderbal.
Reference :—1. Executive Engineer (R&B) Division, Ganderbal letter
No. 2934-35 dated 20-05-2015.
2. Tehsildar Lar Office letter No. 578/OQ/TL dated
29-03-2015.
————
In exercise of the powers vested in me under section 4 (1) of J&K
Land Acquisition Act, Samvat 1990, I, Naseer Ahmad Wani, Collector,
Land Acquisition (Assistant Commissioner, Revenue), Ganderbal do hereby
notify that the land particulars of which are given below for public purpose
namely widening of Beehama-Safapora Road in Estate Pahlipora, Tehsil
Lar, District Ganderbal —
Particulars of land
District Tehsil Village Survey Area
Nos. involved
–––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M. S.
Ganderbal Lar Pahlipora 420 min 00–00–05
422 min 00–12–00
425 00–14–08
427 min 00–04–1½
454 00–08–04
429 01–04–2½
————
Total 02–04–03
————
280 The J&K Govt. Gazette, 27th Aug., 2015/5th Bhad., 1937. [ No. 22 ––––––––––––––––––––––––––––––––––––––––––––––––—–––———— Having notified the land above, objections, if any, in terms of
sections 5&5 (A) of the J&K Land Acquisition Act, Samvat 1990
shall be filed by the land owners/other interested persons before the
undersigned within fifteen days from the publication of this notification
in the Print Media. No objections shall be entertained after the
stipulated time.
(Sd.)........................
Collector, Land Acquisition, Assistant Commissioner (Rev.), Ganderbal.
————
CORRECTION OF NAME
The name of my father in my class 10th certificate (under Roll No. 2255743, Registration No. C113/24026/0008 of Session 2011-2013) has been erroneously written as Samadulla Mir while as his actual name stands for Abdul Samad Mir. Now, I have applied for its correction. Anybody having objections may file the same to Kendra Vidyalaya School, Gulmarg, Baramulla within 7 days from the date of publication of this notice. No objection shall be accepted after that.
Mohammad Rafiq Mir
S/o Abdul Samad Mir R/o Ratnipora, Tangmarg, District Baramulla.
THE
JAMMU AND KASHMIR GOVERNMENT GAZETTE
–––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 128] Srinagar, Thu., the 27th Aug., 2015/5th Bhad., 1937. [ No. 22 –––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation. –––––––––––––––––––––––––––––––––––––––––––––––––––––– ADVERTISEMENTS–C
––––––
GOVERNMENT OF JAMMU AND KASHMIR, DIRECTORATE OF STATIONERY AND OFFICE SUPPLIES, J&K, SRINAGAR.
Abbreviated Tender Notice
Sealed tenders affixed with Revenue Stamps worth Rs. 5/- (Rupees five only) are invited for and on behalf of the Governor of Jammu and Kashmir for Rate Contract of Lifting of Waste Paper for Jammu Division only for the year 2015-16 as per below mentioned schedule :–––
Tender Notice Cost of Last Date Last Date Likely to No. & Date Tender for Sale of for Receipt be opened
Tender of Tender on
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Rate Contract for Rs. 100/- 28-08-2015 01-09-2015 02-09-2015 Lifting of Waste Paper (Rupees one up to 2.00 up to 1.00 11.30 A. M. for Jammu Division hundred P. M. P. M. NIT No. DSS/CPC/29 only) of 2015 dated 07-08-2015 96 The J&K Govt. Gazette, 27th Aug., 2015/5th Bhad., 1937. [ No. 22 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————
The detailed tender notice containing terms and conditions of the aforesaid NIT's can be had from the Office of the Assistant Director, Stationery and Office Supplies, Kachi Chawani, Jammu.
(Sd.) KHILARI LAL,
Member-Secretary, Central Purchase Committee Dte. of Sty. and Govt. Presses , Jammu/Srinagar, J&K, Srinagar.
No. 22] The J&K Govt. Gazette, 27th August, 2015/5th Bhad., 1937. 1 –––––––––––––––––––––––––––––––––––—–––––––––––––––––––––––––
SUPPLEMENTARY—C
————
GOVERNMENT OF JAMMU AND KASHMIR, OFFICE OF THE GENERAL MANAGER, GOVERNMENT PRESS, SRINAGAR.
Short Tender Notice
Sealed short term tenders affixed with revenue stamps of Rs. 6/- are invited from the interesting parties for providing and fitting of new self (lucas- TVS-130 PE), 24 Volts D. C. for 160 KVA Generating Set. The tenders should reach the office of the undersigned by or before 26-08-2015 up to 1.00 P. M. Tenders are likely to be opened on the same day by this department. The interesting parties should quote their rates including providing and fitting F. O. R. Government Press, Srinagar and inclusive of all charges and taxes. The payment to the approved tenderer shall be made after completion of job subject to verification by the department. The successful tenderer shall have to complete the job within 10 days. Before submission of tenders, the interesting parties are advised to inspect the job on any working day during office hours and deposit Rs. 50/- non- refundable in this press as tender cost up to 26-08-2015 till 12 Noon. The Purchase Committee of this department reserves the right to accept or reject any or all tenders without assigning any reasons thereof. The tenderer shall be personally wholly and solely responsible for reasonability of rates. The interesting parties are requested to attach a CDR minimum of 2% of their respective offers duly pledged to General Manager, Government Press, Srinagar. The approved tenderers shall have to furnish Guarantee/Warranty for satisfactory working as per manufacturing company.
(Sd.) .........................
General Manager.
No. 17-a] The J&K Govt. Gazette, 23rd July, 2015/1st Srav., 1937. Thu. ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
EXTRAORDINARY REGD. NO. JK—33
PART I––B
Jammu and Kashmir Government––Notifications.
———–
GOVERNMENT OF JAMMU AND KASHMIR CIVIL SECRETARIAT––HOME DEPARTMENT
Notification
Srinagar, the 23rd July, 2015.
SRO-233.––In exercise of the powers conferred by clause (o) of sub-section (1) of section 4 of the Code of Criminal Procedure, Samvat 1989, and in partial modification of previous notification(s) issued on the subject, the Government hereby exclude the areas of Village Sadoora from the jurisdiction of Police Station, Qazigund, District Kulgam and include the same under the jurisdiction of Police Station, Anantnag, District Anantnag.
By order of the Government of Jammu and Kashmir.
(Sd.) R. K. GOYAL, IAS,
Principal Secretary to the Government, Home Department.
No. 17-b] The J&K Govt. Gazette, 23rd July, 2015/1st Srav., 1937. Thu. ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
EXTRAORDINARY REGD. NO. JK—33
PART I––B
Jammu and Kashmir Government––Notifications.
———–
GOVERNMENT OF JAMMU AND KASHMIR CIVIL SECRETARIAT––GENERAL ADMINISTRATION DEPARTMENT
Notification
Srinagar, the 23rd July, 2015.
SRO-234.––In exercise of the powers conferred by sub-section (1) of section 129 of the Constitution of Jammu and Kashmir, the Governor is pleased to appoint Mr. Abdul Latief Deva, as Chairman of the Jammu and Kashmir Public Service Commission.
By order of the Governor.
(Sd.) GAZZANFER HUSSAIN,
Commissioner/Secretary to the Government, General Administration Department.
EXTRAORDINARY REGD. NO. JK—33 THE JAMMU & KASHMIR GOVERNMENT GAZETTE
Vol. 128] Srinagar, Thu., the 23rd July, 2015/1st Srav., 1937. [No. 17-c
Separate paging is given to this part in order that it may be filed as a separate compilation.
PART I––B
Jammu and Kashmir Government––Notifications.
———–
GOVERNMENT OF JAMMU AND KASHMIR CIVIL SECRETARIAT––GENERAL ADMINISTRATION DEPARTMENT
Notification
Srinagar, the 23rd July, 2015.
SRO-235.––In exercise of the powers conferred by sub-section (1) of section 129 of the Constitution of Jammu and Kashmir, the Governor is pleased to appoint the following persons as members of the Jammu and Kashmir Public Service Commission :––
1. Mr. Tashi Dorjee
2. Mr. Lal Chand 2 The J&K Govt. Gazette, 23rd July, 2015/1st Srav., 1937. [No. 17-c ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
3. Mr. Jaipal Singh
4. Mr. Ali Asgar Choudhary
5. Prof. (Dr.) Posh Charak
6. Prof. Mushtaq Ahmad Wani
7. Mr. Mushtaq Ahmed Lone
8. Mr. Suresh Kumar Sharma
By order of the Governor.
(Sd.) GAZZANFER HUSSAIN,
Commissioner/Secretary to the Government, General Administration Department.
No. 17-d] The J&K Govt. Gazette, 23rd July, 2015/1st Srav., 1937. Thu. ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
EXTRAORDINARY REGD. NO. JK—33
PART I––B
Jammu and Kashmir Government––Notifications.
———–
GOVERNMENT OF JAMMU AND KASHMIR CIVIL SECRETARIAT––SCHOOL EDUCATION DEPARTMENT
Notification
Srinagar, the 23rd July, 2015.
SRO-236.––In exercise of the powers conferred by sub-section (1) of section 12 of the Jammu and Kashmir Board of School Education Act, 1975 (Act No. XXVIII of 1975), and in supersession of all the previous notifications issued on the subject, the Government hereby appoints Prof. Zahoor Ahmad Chatt, Principal, Amar Singh College, Srinagar as Chairman of the Jammu and Kashmir Board of School Education for a period of three years.
By order of the Government of Jammu and Kashmir.
(Sd.) SHALEEN KABRA,
Commissioner/Secretary to the Government.
EXTRAORDINARY REGD. NO. JK—33 THE JAMMU & KASHMIR GOVERNMENT GAZETTE
Vol. 128] Srinagar, Fri., the 24th July, 2015/2nd Srav., 1937. [No. 17-e
Separate paging is given to this part in order that it may be filed as a separate compilation.
PART I––B
Jammu and Kashmir Government––Notifications.
———–
GOVERNMENT OF JAMMU AND KASHMIR CIVIL SECRETARIAT––HOUSING AND URBAN DEVELOPMENT DEPARTMENT
Notification
Srinagar, the 24th July, 2015.
SRO-237.––In exercise of the powers conferred by sub-section (1) of section 3 of the Jammu and Kashmir Development Act, 1970 (XIX of 1970), the Government hereby declare the area specified in Annexure to 2 The J&K Govt. Gazette, 24th July, 2015/2nd Srav., 1937. [No. 17-e ––––––––––––––––––––––––––––––––––––––––––––––—–––————— this notification to be the local area for the purposes of the said Act and constitute therefore a authority to be known as "Shopian Development Authority".
By order of the Government of Jammu and Kashmir.
(Sd.) ........................................
Commissioner/Secretary to Government. Housing and Urban Deoelopment Department.
––––––
No. 17-e] The J&K Govt. Gazette, 24th July, 2015/2nd Srav., 1937. 3 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––——— Annexure "A" to Notification SRO-237 dated 24th July, 2015.
(For Master Plan, Shopian)
S. No. Town/Village Settlements Khasra Number –––––––––––––––––––––––––––––––––––––––––––––––––––––– 1 2 3 –––––––––––––––––––––––––––––––––––––––––––––––––––––– M. C. Limit, Shopian : 1. Hergam 1-1431 2. Batapora 1-1450 3. Bongam 1-1281 Revenue Village outside M. C Limits : 1. Arahama 1-259 2. Habdpora 1-200 3. Pahanoo 1-556 4. Aglar 1-312 5. Pinjora 1-2300 6. Ganowpora Arsh 1-631 7. Largam 1-255 8. Lawahind 1-459 9. Memandar 1-1220 10. Gagren 1-450 11. Cheki Shamsi Pora 1-100 12. Gund-i-Hadoo 1-595 13. Chowgam 1-290
4 The J&K Govt. Gazette, 24th July, 2015/2nd Srav., 1937. [No. 17-e ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
1 2
3
––––––––––––––––––––––––––––––––––––––––––––––––––––––
14. Hirpora
1-2978
15. Kanipora
1-200
16. Dagam 1-332
17. Sherabad
1-274
18. Kanipora
1-329 EXTRAORDINARY REGD. NO. JK—33 THE JAMMU & KASHMIR GOVERNMENT GAZETTE
Vol. 128] Srinagar, Mon., the 27th July, 2015/5th Srav., 1937. [No. 17-f
Separate paging is given to this part in order that it may be filed as a separate compilation.
PART I––B
Jammu and Kashmir Government––Notifications.
———–
GOVERNMENT OF JAMMU AND KASHMIR CIVIL SECRETARIAT––HOUSING AND URBAN DEVELOPMENT DEPARTMENT
Notification
Srinagar, the 27th July, 2015.
SRO-238.––In exercise of the powers conferred by section 4 of the Jammu and Kashmir Development Act, 1970 (XIX of 1970), the Government hereby appoint the following as members of the Shopian Development Authority, constituted vide Notification SRO-237 dated 24th July, 2015 :––
1. Hon'ble Minister for Housing and Urban Chairman
Development Department
2 The J&K Govt. Gazette, 27th July, 2015/5th Srav., 1937. [No. 17-f
––––––––––––––––––––––––––––––––––––––––––––––—–––—————
2. Member Legislative Assembly, Shopian Member
3. District Development Commissioner, Member-Secretary
Shopian (CEO, Shopian Dev. Authority)
4. Director, Urban Local Bodies Kashmir Member
5. Chief Town Planner, Town Planning Member
Organization, Kashmir
6. Regional Director, Directorate of Member
Environment and Remote Sensing
7. Conservator of Forests (South Kashmir) Member
8. President/Administrator, Municipal Member
Council, Shopian
9. Superintending Engineer, R&B, Shopian Member
10. Superintending Engineer, PHE, Shopian Member
11. Superintending Engineer, EM & RE, Member
Shopian
12. Executive Engineer, Town and Member
Drainage Division, Directorate of Urban Local Bodies, Kashmir
By order of the Government of Jammu and Kashmir.
(Sd.) ........................................
Commissioner/Secretary to Government. Housing and Urban Deoelopment Department.
EXTRAORDINARY REGD. NO. JK—33 THE JAMMU & KASHMIR GOVERNMENT GAZETTE
Vol. 128] Srinagar, Wed., the 29th July, 2015/7th Srav., 1937. [No. 17-g
Separate paging is given to this part in order that it may be filed as a separate compilation.
PART III
Laws, Regulations and Rules passed thereunder.
———–
GOVERNMENT OF JAMMU AND KASHMIR CIVIL SECRETARIAT––HOME DEPARTMENT
Notification
Srinagar, the 29th July, 2015.
SRO-239.––In exercise of powers conferred by section 22 of the Jammu and Kashmir Requisitioning and Acquisition of Immovable Property Act, 1968, the Government hereby direct that for sub-rule (2-A) of rule 9 of the Jammu and Kashmir Requisitioning and Acquisition of Immovable Property Rules, 1969, the following shall be substituted, namely :––
"(2-A) In determining the compensation of agricultural and other lands under clause (a) of sub-section (2) of section 8 of the Act, the Competent Authority shall have regard to the following 2 The J&K Govt. Gazette, 29th July, 2015/7th Srav., 1937. [No. 17-g ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
rates of rent with effect from 16-02-2013, which the Government consider minimum for different categories of land in the State :––
S. No. Category of land Rate of rent per kanal
per annum
––––––––––––––––––––––––––––––––––––––––––––––––––––––
1. Class-I : Rs. 5,578.00
(a) Irrigated
2. Class-II :
(a) Irrigated Rs. 4,800.00
(b) Unirrigated Rs. 2,293.00
3. Class-III :
(a) Uncultivable Rs. 1,476.00
4. Fruit Bearing Orchard Rs. 10,500.00
5. Land falling under Jammu Municipal Rs. 35,438.00
Corporation/Srinagar and Jammu/ Srinagar Cantonments areas
6. Lands falling under Municipal Councils Rs. 17,719.00
(including Poonch Municipal Council)
7. Lands falling under Municipal Rs. 14,175.00
Committees
By order of the Government of Jammu and Kashmir.
(Sd.) R. K GOYAL, IAS,
Principal Secretary to Government. Home Department.
No. 17-h] The J&K Govt. Gazette, 29th July, 2015/7th Srav., 1937. Wed. ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
EXTRAORDINARY REGD. NO. JK—33
PART III
Laws, Regulations and Rules passed thereunder.
———–
GOVERNMENT OF JAMMU AND KASHMIR CIVIL SECRETARIAT––HOSPITALITY AND PROTOCOL DEPARTMENT
Notification
Srinagar, the 29th July, 2015.
SRO-240.––In exercise of the powers conferred by the proviso to section 124 of the Constitution of Jammu and Kashmir, the Governor hereby makes the following amendment in Schedule-I of the Jammu and Kashmir Hospitality and Protocol (Subordinate) Service Recruitment Rules, 2008 :––
"Entry 24 and entry 34 shall be substituted by the following entries, namely :––
S. Designation Pre-revised Corresponding Revises No. of No. of the post Pay Scale Pay Scale/ posts
Pay Band+Grade Pay
––––––––––––––––––––––––––––––––––––––––––––––––––––––
24. Butler 4000-6000 5200-20200+GP 2400 08
34. Table Boy 3050-4910 5200-20200+1900 30
By order of the Governor.
(Sd.) ..............................
Principal Secretary to Government, Hospitality and Protocol Department.
No. 17-i] The J&K Govt. Gazette, 29th July, 2015/7th Srav., 1937. Wed. ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
EXTRAORDINARY REGD. NO. JK—33
PART I––B
Jammu and Kashmir Government––Notifications.
———–
GOVERNMENT OF JAMMU AND KASHMIR CIVIL SECRETARIAT––FINANCE DEPARTMENT
Notification
Srinagar, the 29th July, 2015.
SRO-241.––In exercise of the powers conferred by clause (a) of section 9 of the Stamps Act, Svt. 1977 (XL of 1977), the Government hereby remit the stamp duty chargeable under the said Act for an amount up to rupees three lacs in case of the loans advanced by the Financial Institutions to Self Help Groups under National Rural Livelihood Mission under the scheme UMEED.
By order of the Government of Jammu and Kashmir.
(Sd.) NAVIN K. CHOUDHARY, IAS,
Commissioner/Secretary to Government, Finance Department.
No. 17-j] The J&K Govt. Gazette, 29th July, 2015/7th Srav., 1937. Wed. ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
EXTRAORDINARY REGD. NO. JK—33
PART I––B
Jammu and Kashmir Government––Notifications.
———–
GOVERNMENT OF JAMMU AND KASHMIR CIVIL SECRETARIAT––FINANCE DEPARTMENT
Notification
Srinagar, the 29th July, 2015.
SRO-242.––In exercise of the powers conferred by sub-section (2) of section 3 of the Jammu and Kashmir Entry Tax on Goods Act, 2000 (Act No. IV of 2000), the Government hereby exempt from payment of entry tax, leviable under the said Act, the Bio-Toilet samples donated free of cost to be imported into the State by the Public Works (R&B) Department for Government use.
By order of the Government of Jammu and Kashmir.
(Sd.) NAVIN K. CHOUDHARY, IAS,
Commissioner/Secretary to Government, Finance Department.
No. 18-a] The J&K Govt. Gazette, 30th July, 2015/8th Srav., 1937. Thu. ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
EXTRAORDINARY REGD. NO. JK—33
PART I––B
Jammu and Kashmir Government––Notifications.
———–
GOVERNMENT OF JAMMU AND KASHMIR CIVIL SECRETARIAT––REVENUE DEPARTMENT
Notification
Srinagar, the 30th July, 2015.
SRO-243.––In exercise of the powers conferred by clause (b) of section 3 of the Jammu and Kashmir Grant of Permanent Resident Certificate (Procedure) Act, 1963 (Act No. XIII of 1963), and in supersession of all the notifications issued in this behalf, the Government hereby appoint Mr. Mohammed Mumtaz Ali (KAS), Additional Deputy Commissioner, Rajouri to be the competent authority for purposes of the said Act, within the territorial jurisdiction of Sub-Divisions of Nowshera and Sunderbani of District Rajouri.
By order of the Government of Jammu and Kashmir.
(Sd.) MUHAMMED AFZAL, IAS,
Secretary to Government, Revenue Department.
EXTRAORDINARY REGD. NO. JK—33 THE JAMMU & KASHMIR GOVERNMENT GAZETTE
Vol. 128] Srinagar, Fri., the 24th July, 2015/2nd Asad., 1937. [No. 17-2
Separate paging is given to this part in order that it may be filed as a separate compilation.
PART III
Laws, Regulations and Rules passed thereunder.
———–
JAMMU AND KASHMIR STATE ELECTRICITY REGULATORY COMMISSION, SRINAGAR.
Notification No. 43-JKSERC of 2015 dated 10-07-2015.
JKSERC (Terms and Conditions of Intra-State Open Access)
Regulations, 2015.
In exercise of the powers conferred by section 138, read with sections 33, 34, 36 and 71 of the Jammu and Kashmir Electricity Act, 2010 (Act XIII of 2010) and all other powers enabling it in this behalf, the Jammu and Kashmir State Electricity Regulatory Commission (J&K SERC) hereby makes the J&K SERC (Terms and Conditions of Intra-State Open Access) Regulations in replacement of J&K SERC (Open Access in Intra-State 2 The J&K Govt. Gazette, 24th July, 2015/2nd Asad., 1937. [No. 17-2 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
Transmission and Distribution) Regulations notified on 25th January, 2006.
Following are the details of new regulations :––
CHAPTER 1
Preliminary
1. Short title, extent and commencement.––(1) These regulations
may be called the Jammu and Kashmir State Electricity Regulatory
Commission (Terms and Conditions of Intra-State Open Access)
Regulations, 2015.
(2) These regulations shall come into force from the date of publication
in the Government Gazette.
2. Scope.––These regulations shall apply to open access for use of
Intra-State transmission system and distribution systems in the State, including
when such system is used in conjunction with Inter-State transmission
system.
3. Definitions.––In these regulations, unless the context otherwise
requires,––
(1) "Act" means the Jammu and Kashmir State Electricity
Act, 2010 (Act No. XIII of 2010) ;
(2) "Allotted Capacity" means the power transfer in MW between
the specified point(s) of injection and point(s) of drawal allowed
to a long-term/medium-term customer on the Intra-State
transmission system and the expression "allotment of capacity"
shall be construed accordingly ;
(3) "Applicant" means a consumer, trader, distribution licensee or
a generating station who has applied seeking connectivity or
open access as the case may be ;
No. 17-2] The J&K Govt. Gazette, 24th July, 2015/2nd Asad., 1937. 3 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
(4) "Central Commission" means the Central Electricity Regulatory
Commission referred to in section 76 of the Indian Electricity
Act 2003 ;
(5) "Commission" means the Jammu and Kashmir State Electricity
Regulatory Commission referred to in section 64 of the Act ;
(6) The word "consumer" shall carry the same meaning as in the
Act, but shall be restricted to such consumers within the
State of Jammu and Kashmir to whom these regulations will
apply ;
(7) "Contracted load" means the load in kW/HP/kVA (kilo Watt/
Horse Power/kilo Volt Ampere) which the distribution licensee
has agreed to supply from time to time subject to the governing
terms and conditions and is different from the connected
load ;
(8) "Composite Operating Charges or Operating Charges" means
the charges payable by an Open Access Customers for each
transactions to the SLDC as determined by the Commission
and includes the fee for scheduling, system operation, energy
accounting, fee for effecting revision in schedule on bona fide
grounds and collection and disbursement of charges ;
(9) "Day" means a day starting at 0000 hours and ending at
2400 hours ;
(10) "Distribution licensee" means any person licensed under section
14 of the Act for distribution and retail supply of electricity in
the State of Jammu and Kashmir ;
(11) "Distribution System" means a system or wires and associated
facilities between delivery points on the transmission lines or
generating station and the point of connection to the installation
of the consumers ;
4 The J&K Govt. Gazette, 24th July, 2015/2nd Asad., 1937. [No. 17-2 ––––––––––––––––––––––––––––––––––––––––––––––—–––————— (12) "Embedded open access consumer (or in short embedded
consumer)" means consumer who has a supply agreement with
the distribution licensee in whose area of supply the consumer
is located and avails the option of drawing part or full of its
demand from any other person under open access, in any one
or more time slots during a day or more, in any month or more
during the year, without ceasing to be a consumer of the said
distribution licensee and continues to pay monthly demand
charges and other charges as per rate schedule applicable to
relevant category ;
(13) "IEGC" means Indian Electricity Grid Code Specified by
Central Electricity Regulatory Commission under clause (h) of
sub-section (1) of section 79 of the Indian Electricity Act, 2003
and as amended from time to time ;
(14) "Imbalance" in a time block for a generating station means its
total actual generation minus its total scheduled generation and
for a consumer or buyer means its total drawal minus its total
scheduled drawal ;
(15) "Limited short-term open access consumer" means consumer
who has a supply agreement with the distribution licensee in
whose area of supply the consumer is located and avails open
access in distribution and/or transmission system only during
pre-scheduled load shedding due to shortage of power ;
(16) "Long-term access" means the right to use the Intra-State
transmission system or distribution system for a period
exceeding 12 years but not exceeding 25 years ;
(17) "Medium-term open access" means the open access for a
period exceeding three months but not exceeding three years ;
(18) "Month" means a calendar month as per the Gregorian
Calendar ;
No. 17-2] The J&K Govt. Gazette, 24th July, 2015/2nd Asad., 1937. 5 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––——— (19) "Nodal agency" means the nodal agency defined in Regulation
13(2) of these regulations ;
(20) "Open access" means the non-discriminatory provision for
the use of transmission lines or distribution system or associated
facilities with such lines or system by any licensee or consumer
or a generating station in accordance with these regulations
and includes long-term access, medium-term open access and
short-term open access ;
(21) "Open access customer (in short customer)" means a
consumer, trader, distribution licensee or a generating station
who has been granted open access under these regulations ;
(22) "Open access consumer" means a consumer, who has been
granted open access under these regulations ;
(23) "Reserved Capacity" means the power transfer in MW
between the specified point(s) of injection and point(s) of drawal
allowed to a short-term customer on the transmission/
distribution system depending on availability of transmission/
distribution capacity and the expression "reservation of
capacity" shall be construed accordingly ;
(24) "Short-term open access" means open access for a period up
to one month at a time ;
(25) "SLDC" means the State Load Dispatch Centre established
under sub-section (1) of section 26 of the Act ;
(26) "State" means the State of Jammu and Kashmir ;
(27) "State Grid Code" means the State Grid Code specified by the
Commission under clause (h) of sub-section (1) of section 71
of the Act, applicable on the date of commencement of these
regulations and as amended from time to time ;
6 The J&K Govt. Gazette, 24th July, 2015/2nd Asad., 1937. [No. 17-2 ––––––––––––––––––––––––––––––––––––––––––––––—–––————— (28) "State Transmission Utility (STU)" means the Government Company/Corporation notified by the State Government under sub-section (1) of section 33 of the Act ;
(29) "Transmission licensee" means any person licensed under Part IV of the Act for transmission of electricity in the State of Jammu and Kashmir ;
(30) "Transmission System Segment" means a part or whole of the transmission system from the point of injection to the point of drawal ;
(31) "Wheeling" means the operation whereby the distribution system and associated facilities of a transmission licensee or distribution licensee, as the case may be, are used by another person for the conveyance of electricity on payment of charges to be determined under section 56 of the Act ;
(32) All words and expressions used and not defined in these regulations but defined in the Act or IEGC or the State Grid Code, or Supply Code shall have the meaning assigned to them under the Act or the IEGC or the State Grid Code, or Supply Code as the case may be ;
(33) The General Clauses Act, 1977 Svt. (Act XX), as amended from time to time shall apply for the interpretation of these regulations as it applies for interpretation of an Act of Legislature.
CHAPTER 2
Connectivity
4. Connectivity.––(1) A consumer having load of 10 MW and above or a generating station having capacity of 10 MW and above shall be eligible to obtain connectivity at 132 kV or above, unless already connected, and shall apply for connectivity, in accordance with the provisions in this chapter.
No. 17-2] The J&K Govt. Gazette, 24th July, 2015/2nd Asad., 1937. 7 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––——— (2) A consumer having load of less than 10 MW or a generating
station having installed capacity not exceeding 10 MW shall be eligible to
obtain connectivity at 66 kV/33 kV, unless already connected, and shall
apply for connectivity as per the provisions of these regulations, in
accordance with the provisions in this chapter.
5. Application procedure for connectivity at 132 kV or
above.––(1) Applicant shall apply to the STU for connectivity in the form
prescribed in the detailed procedure to be laid down by the STU.
(2) The application shall be accompanied by a non-refundable fee of
Rs. two lakh through demand draft in favour of State Transmission Utility
payable at Jammu/Srinagar.
(3) The application for connectivity shall contain details such as,
proposed geographical location of the applicant, quantum of power to be
inter-changed that is the quantum of power to be injected in the case of a
generating station including a captive generating plant and quantum of power
to be drawn in the case of a consumer, with the Intra-State transmission
system and such other details as may be laid down by the State Transmission
Utility in the detailed procedure :
Provided that in cases where once an application has been filed and
thereafter there has been any material change in the location of the applicant
or change, by more than 10 per cent in the quantum of power to be
inter-changed with the Intra-State transmission system, the applicant shall
make a fresh application, which shall be considered in accordance with
these regulations.
6. Processing of application and grant of connectivity to STU/
transmission licensee.––(1) On receipt of the application, the STU
shall, in consultation and through coordination with SLDC and other agencies
involved in the Intra-State transmission, process the application and carry
out the necessary inter-connection study as specified in the Central
Electricity Authority (Technical Standards for Connectivity to the Grid) Regulations, 2007, amended up-to-date.
8 The J&K Govt. Gazette, 24th July, 2015/2nd Asad., 1937. [No. 17-2 ––––––––––––––––––––––––––––––––––––––––––––––—–––————— (2) The State Transmission Utility shall, within thirty (30) days, from
the receipt of an application under sub-regulation (1) above and after
considering all suggestions and comments received from other agencies
involved in the Intra-State transmission including State Load Despatch
Centre :––
(a) Accept the application with such modification or such conditions
as may be specified by them ;
(b) Reject the application for reasons to be recorded in writing if
such application is not in accordance with the provisions of
these regulations.
(3) In case of acceptance of an application as per clause (a) of sub-
regulation (2) above, the State Transmission Utility shall make a formal
offer to the applicant :
Provided that the State Transmission Utility shall forward a copy of
the offer to the appropriate Intra-State transmission licensee in case
connectivity is granted to the Intra-State transmission system of an
Intra-State transmission licensee other than the State Transmission Utility.
(4) The voltage level at which the applicant is offered to be connected
to the Intra-State transmission system shall be governed by Central
Electricity Authority (Technical Standards for Connectivity to the Grid)
Regulations, 2007 and prevailing guidelines adopted by the State
Transmission Utility.
(5) The State Transmission Utility shall, upon compliance of the
required conditions by the applicant and Intra-State transmission licensees
including the State Transmission Utility, shall notify the concerned applicant
that it can be connected to the Intra-State transmission system.
(6) The applicant shall sign a connection agreement with the
State Transmission Utility or Intra-State transmission licensee owning the No. 17-2] The J&K Govt. Gazette, 24th July, 2015/2nd Asad., 1937. 9 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––——— sub-station or pooling station or switchyard or the transmission line as
identified by the STU where connectivity is being granted :
Provided that in case connectivity of a generating station, including
captive generating plant or consumer is granted to the Intra-State
transmission system of an Intra-State transmission licensee other than the
State Transmission Utility, a tripartite agreement as provided in the Central
Electricity Authority (Technical Standards for Connectivity to the Grid)
Regulations, 2007 shall be signed between the applicant, the State
Transmission Utility and such Intra-State transmission licensee :
Provided further the State Load Despatch Centre shall also be provided
with a copy of the above mentioned Connection Agreement by the STU/
Intra-State transmission licensee.
(7) While granting connectivity, the STU shall specify the name of
the sub-station or pooling station or switchyard where connectivity is to be
granted. In case connectivity is to be granted by looping-in and looping-out
of an existing or proposed line, the STU shall specify the point of connection
and name of the line at which connectivity is to be granted. The STU shall
indicate the broad design features of the dedicated transmission line and
the timeframe for completion of the dedicated transmission line.
(8) The applicant and all Intra-State transmission licensees including
the State Transmission Utility shall comply with the provisions of Central
Electricity Authority (Technical Standards for Connectivity to the Grid)
Regulations, 2007. The grant of connectivity shall not entitle an applicant to
inter-change any power with the grid unless it obtains long-term access,
medium-term open access or short-term open access in accordance with
the provisions of these regulations.
(9) A generating station, including captive generating plant which has
been granted connectivity to the grid shall be allowed to undertake testing
including full load testing by injecting its infirm power into the grid before
being put into commercial operation, even before availing any type of open
access, after obtaining permission of the State Load Despatch Centre, which 10 The J&K Govt. Gazette, 24th July, 2015/2nd Asad., 1937. [No. 17-2 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
shall keep grid security in view while granting such permission. Commercial
treatment of such infirm power from a generating station or a unit thereof,
other than those based on non-conventional energy sources, the tariff of
which is determined by the Commission, will be governed by the applicable
regulations on Terms and Conditions of Tariff. The power injected into the
grid from other generating stations as a result of such testing shall be charged
at the rates for imbalance determined by the Commission (UI rates where
rates of imbalance have not been notified by the Commission).
(10) An applicant may be required by the State Transmission Utility
to construct a dedicated line to the point of connection to enable connectivity
to the grid, unless exempted by the Commission for reasons to be recorded
in writing. The cost of such line shall be borne by the applicant.
7. Application procedure for connectivity to distribution system
by a generating station.––(1) All eligible generating stations including a
captive generating plant, seeking connectivity to the distribution system,
shall apply to the distribution licensee for connectivity in the form prescribed
in the procedure to be laid down by the distribution licensee.
(2) The application shall be accompanied by a non-refundable fee of
Rs. two lakh through demand draft in favour of the distribution licensee
payable at Jammu/Srinagar.
(3) The application for connectivity shall contain details such as,
proposed geographical location of the generating station, quantum of power
to be injected and such other details as may be laid down by the distribution
licensee concerned in the procedure.
8. Processing of application and grant of connectivity to
distribution system by a generating station.––(1) On receipt of the
application, the distribution licensee shall, in consultation and through
coordination with State Transmission Utility and SLDC process the
application and carry out the necessary inter-connection study as specified
in the Central Electricity Authority (Technical Standards for Connectivity
to the Grid) Regulations, 2007.
No. 17-2] The J&K Govt. Gazette, 24th July, 2015/2nd Asad., 1937. 11 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
(2) While granting connectivity, the distribution licensee shall specify
the name of the sub-station or pooling station or switchyard where
connectivity is to be granted. In case connectivity is to be granted by looping-
in and looping-out of an existing or proposed line, the distribution licensee
shall specify the point of connection and name of the line at which
connectivity is to be granted.
(3) The distribution licensee shall indicate the broad design features
such as switchyard and inter-connection facility up to the point of injection
into the sub-station of the distribution licensee and the timeframe for
completion of the same. The cost of creation of these facilities shall be
borne by the generating company. In cases where augmentation of the
distribution licensee's sub-station is involved, the generating station shall
also bear the cost of bay, switchgear in the distribution licensee's
sub-station and equipment for inter-connection of real time data to SLDC.
(4) The applicant and the distribution licensee shall comply with the
provisions of Central Electricity Authority (Technical Standards for
Connectivity to the Grid) Regulations, 2007, as amended up-to-date.
(5) The applicant shall sign a connection agreement with the
distribution licensee where connectivity is being granted.
(6) The grant of connectivity shall not entitle an applicant to
inter-change any power with the grid unless it obtains long-term access,
medium-term open access or short-term open access in accordance with
the provisions of these regulations.
(7) A generating station, including captive generating plant which
has been granted connectivity to the distribution system shall be allowed to
undertake testing including full load testing by injecting its infirm power into
the grid before being put into commercial operation, even before availing
any type of open access, after obtaining permission of the State Load
Despatch Centre and the distribution licensee, who shall keep grid security 12 The J&K Govt. Gazette, 24th July, 2015/2nd Asad., 1937. [No. 17-2 ––––––––––––––––––––––––––––––––––––––––––––––—–––————— in view while granting such permission. Commercial treatment of such
infirm power from a generating station or a unit thereof, other than those
based on non-conventional energy sources, the tariff of which is determined
by the Commission, will be governed by the applicable regulations on Terms
and Conditions of Tariff. The power injected into the grid from other
generating stations as a result of such testing shall be charged at the rates
for imbalance determined by the Commission (UI rates where rates of
imbalance have not been notified by the Commission).
9. Application procedure for connectivity to distribution system
by a consumer.––Connectivity to distribution system by a consumer shall
be governed as per procedure laid down in J&K State Electricity Supply
Code and J&K State Distribution Code.
CHAPTER 3
General Provisions for Open Access
10. Eligibility for Open Access and conditions to be satisfied.––
(1) Subject to the provisions of these regulations, the licensees, generating
companies, captive generating plants and consumers shall be eligible for
open access to the Intra-State transmission system of the State Transmission
Utility or any transmission licensee on payment of transmission and other
charges as may be determined by the Commission in accordance with
Chapter 5 of these regulations.
(2) Subject to the provisions of these regulations, the licensees,
generating stations, captive generating plants and consumers shall be eligible
for open access to distribution system of a distribution licensee on payment
of the wheeling and other charges as may be determined by the Commission
in accordance with Chapter 5 of these regulations.
(3) Subject to the provisions of these regulations, open access shall
be permissible to the consumers, located within the area of the distribution
licensee of the State, having a contracted load of 1 (one) MW and above
and connected to the distribution system of licensee at 33 kV or above, No. 17-2] The J&K Govt. Gazette, 24th July, 2015/2nd Asad., 1937. 13 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––——— seeking open access capacity and are connected through an independent
feeder emanating from a sub-station of licensee or industrial feeder provided
that all the consumers on such industrial feeder opt for open access and
having simultaneous schedule of drawal under such open access :
Provided that the consumers who are not on independent feeders,
shall be allowed open access subject to the condition that they agree to
rostering restrictions imposed by utility on the feeders serving them :
Provided further that duties of the distribution licensee with respect
to such open access consumers shall be of a common carrier providing
non-discriminatory open access as per section 36(3) of the Act.
(4) A person having been declared insolvent or bankrupt or having
outstanding dues against him for more than two months billing of distribution/
transmission licensee at the time of application shall not be eligible for open
access.
11. Criteria for granting long-term access or medium-term or
short-term open access.––(1) Before awarding long-term access, the
State Transmission/Distribution Utility shall have due regard to the
augmentation required for the Intra-State transmission/distribution system.
(2) Medium-term open access or short-term open access shall be
granted if the resultant power flow can be accommodated in the existing
transmission/distribution system or the transmission/distribution system under
execution :
Provided that no augmentation shall be carried out to the transmission/
distribution system for the sole purpose of granting medium-term open
access or short-term open access :
Provided further that construction of a dedicated transmission/
distribution feeder line shall not be construed as augmentation of the
transmission/distribution system for the purpose of this regulation.
14 The J&K Govt. Gazette, 24th July, 2015/2nd Asad., 1937. [No. 17-2 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
CHAPTER 4
Application Procedure and Approval
12. Categories of Open Access Consumers.–––The application procedure, application fee and the timeframe of processing request by eligible consumers seeking open access shall be based on the following criteria :––
(1) System to which connected––
(a) Intra-State transmission system ;
(b) Distribution system.
(2) Inter-se location of drawal and injection points––
(a) Both within the same distribution system ;
(b) Within the State but in different distribution systems ;
(c) Injection point in the Intra-State transmission system within
the State ;
(d) In different States.
(3) Duration of Open Access––
(a) Long-term access ;
(b) Medium-term open access ;
(c) Short-term open access.
13. Application procedure for Open Access.––(1) All applications for open access shall be made in the prescribed form and submitted to the Nodal Agency in accordance with these regulations.
(2) The Nodal Agency, application fee, documents to accompany the application and time frame for disposal of application are specified in the following Tables :–– No. 17-2] The J&K Govt. Gazette, 24th July, 2015/2nd Asad., 1937. 15 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
16 The J&K Govt. Gazette, 24th July, 2015/2nd Asad., 1937. [No. 17-2 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
No. 17-2] The J&K Govt. Gazette, 24th July, 2015/2nd Asad., 1937. 17 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
18 The J&K Govt. Gazette, 24th July, 2015/2nd Asad., 1937. [No. 17-2 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
No. 17-2] The J&K Govt. Gazette, 24th July, 2015/2nd Asad., 1937. 19 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
20 The J&K Govt. Gazette, 24th July, 2015/2nd Asad., 1937. [No. 17-2 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
No. 17-2] The J&K Govt. Gazette, 24th July, 2015/2nd Asad., 1937. 21 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
22 The J&K Govt. Gazette, 24th July, 2015/2nd Asad., 1937. [No. 17-2 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
No. 17-2] The J&K Govt. Gazette, 24th July, 2015/2nd Asad., 1937. 23 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
14. Procedure for Long Term Access :
(1) Involving Inter-State transmission system.––Notwithstanding
anything contained in sub-regulation (2) and (3) hereinbelow, procedure for
Inter-State long-term access shall be as per Central Electricity Regulatory
Commission (Grant of Connectivity, Long Term Access and Medium Term
Open Access in Inter-State Transmission and related matters) Regulations,
2009 or its statutory re-enactments as amended from time to time :
Provided that in respect of a consumer connected to a distribution
system seeking Inter-State long-term access, the SLDC, before giving its
consent to the RLDC as required under the Central Commission's
Regulations, shall require the consumer to submit the consent of the
distribution licensee concerned.
(2) Involving only Intra-State transmission system.––Subject
to the provisions of sub-regulation (1) hereinabove, Intra-State long-term
access involving Intra-State transmission system shall be in accordance
with the provisions of clause (a) hereinbelow :––
(a) The application for grant of long-term access shall contain
details such as name of the entity or entities from whom
electricity is proposed to be procured along with the quantum
of power and such other details as may be laid down by the
State Transmission Utility in the detailed procedure :
Provided that in case augmentation of transmission system is
required, the applicant shall also have to bear the transmission
charges for the same as per 2nd proviso of sub-regulation (1)
of Regulation 21 contained in chapter 5 of these regulations :
Provided further that in cases where there is any material
change in location of the applicant or change by more than 10
per cent in the quantum of power to be inter-changed using the
Intra-State transmission system, a fresh application shall be
made, which shall be considered in accordance with these
regulations.
24 The J&K Govt. Gazette, 24th July, 2015/2nd Asad., 1937. [No. 17-2 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
(b) The applicant shall submit any other information sought by the
nodal agency including the basis for assessment of power to
be inter-changed using the Intra-State transmission system and
power to be transmitted to or from various entities or regions
to enable the nodal agency to plan the Intra-State transmission
system in a holistic manner ;
(c) The application shall be accompanied by a bank guarantee of
Rs 10,000/- (ten thousand) per MW of the total power to be
transmitted. The bank guarantee shall be in favour of the
nodal agency, in the manner laid down under the detailed
procedure ;
(d) The bank guarantee of Rs. 10,000 /- (ten thousand) per MW
shall be kept valid and subsisting till the execution of the long-
term access agreement, in the case when augmentation of
transmission system is required, and till operationalisation of
long-term access when augmentation of transmission system
is not required ;
(e) The bank guarantee may be encashed by the nodal agency, if
the application is withdrawn by the applicant or the long-term
access rights are relinquished prior to the operationalisation of
such rights when augmentation of transmission system is not
required ;
(f) The aforesaid bank guarantee will stand discharged with the
submission of another bank guarantee required to be given by
the applicant to the State Transmission Utility during construction
phase when augmentation of transmission system is required,
in accordance with the provisions in the detailed procedure ;
(g) On receipt of the application, the nodal agency shall, in
consultation and through coordination with other agencies
involved in Intra-State transmission system to be used, process
the application and carry out the necessary system studies as No. 17-2] The J&K Govt. Gazette, 24th July, 2015/2nd Asad., 1937. 25 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
expeditiously as possible so as to ensure that the decision to
grant long-term access is arrived at within the timeframe
specified in sub-regulation (2) of Regulation 13 above :
Provided that in case the nodal agency faces any difficulty in
the process of consultation or coordination, it may approach
the Commission for appropriate directions ;
(h) Based on the system studies, the nodal agency shall specify
the Intra-State transmission system that would be required to
give long-term access. In case augmentation to the existing
Intra-State transmission system is required, the same will be
intimated to the applicant ;
(i) While granting long-term access, the nodal agency shall
communicate to the applicant, the date from which long-term
access shall be granted and an estimate of the transmission
charges including additional transmission charges, if any, for
works pertaining to augmentation of transmission system as
per 1st proviso of sub-regulation (a) above, likely to be payable
based on the prevailing costs, prices and methodology of sharing
of transmission charges specified by the Commission subject
to approval by the Commission in accordance with 2nd proviso
of sub- regulation (1) of Regulation 21 contained in Chapter 5
of these regulations ;
(j) The applicant shall sign an agreement for long-term access
with the State Transmission Utility in case long-term access is
granted by the State Transmission Utility, in accordance with
the provision as may be provided in the detailed procedure.
While seeking long-term access to an Intra-State transmission
licensee, other than the State Transmission Utility, the applicant
shall sign a tripartite long-term access agreement with the State
Transmission Utility and the Intra-State transmission licensee.
The long-term access agreement shall contain the date of 26 The J&K Govt. Gazette, 24th July, 2015/2nd Asad., 1937. [No. 17-2 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
commencement of long-term access, the point of injection of
power into the grid and point of drawal from the grid and the
details of dedicated transmission lines, if any, required. In case
augmentation of transmission system is required, the long-term
access agreement shall contain the timeline for construction of
the facilities of the applicant and the transmission licensee, the
bank guarantee required to be given by the applicant and other
details in accordance with the detailed procedure ;
(k) Immediately after grant of long-term access, the nodal agency
shall inform the State Load Despatch Centre so that it
can consider the same while processing requests for grant of
short-term open access, received under these regulations ;
(l) On the expiry of the period of long-term access, the same shall
stand extended on a written request by the consumer, to the
Sate Transmission Utility, submitted at least six months prior to
such expiry, mentioning the period for which extension is
required :
Provided that in case no written request is received from the
customer within the timeline specified above, the said long-
term access shall stand terminated on the date up to which it
was initially granted.
(3) Within same distribution system.––The procedure specified
in sub-regulation (2) above shall, mutatis mutandis, apply to cases of
long-term access when the point of injection and the point of drawal are
located in the same distribution system.
15. Procedure for medium-term open access :
(1) Involving Inter-State transmission system.––Notwithstanding
anything contained in sub-regulation (2) and (3) hereinbelow, procedure
for Inter-State medium-term open access shall be as per Central Electricity
Regulatory Commission (Grant of Connectivity, Long-Term Access and No. 17-2] The J&K Govt. Gazette, 24th July, 2015/2nd Asad., 1937. 27 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
Medium-Term Open Access in Inter-State Transmission and related matters)
Regulations, 2009 or its statutory re-enactment as amended from time to
time :
Provided that in respect of a consumer connected to a distribution
system seeking Inter-State medium-term open access, the SLDC, before
giving its consent to the RLDC as required under the Central Commission's
regulations, shall require the consumer to submit the consent of the
distribution licensee concerned.
(2) Involving only Intra-State transmission system.––Subject
to the provisions of sub-regulation (1) hereinabove, Intra-State medium-
term open access involving Intra-State transmission system shall be in
accordance with the provisions of sub-regulation (a) to (g) hereinbelow :–
(a) The application for grant of medium-term open access shall
contain such details as may be laid down under the detailed
procedure and shall, in particular, include the point of injection
into the grid, point of drawal from the grid and the quantum
of power for which medium-term open access has been
applied for ;
(b) The start date of the medium-term open access shall not be
earlier than 5 months and not later than 1 year from the last
day of the month in which application has been made.
(c) On receipt of the application, the nodal agency shall, in
consultation and through coordination with other agencies
involved in Intra-State transmission, process the application and
carry out the necessary system studies as expeditiously as
possible so as to ensure that the decision to grant or refuse
medium-term open access is made within the timeframe
specified in sub-regulation (2) of Regulation 13 hereinabove :
Provided that in case the nodal agency faces any difficulty in
the process of consultation or coordination, it may approach
the Commission for appropriate directions.
28 The J&K Govt. Gazette, 24th July, 2015/2nd Asad., 1937. [No. 17-2 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
(d) On being satisfied that the requirements, with respect to criteria for granting medium-term open access specified under sub-regulation (2) of Regulation 11 are met, the nodal agency shall grant medium-term open access for the period stated in the application :
Provided that for reasons to be recorded in writing, the nodal agency may grant medium-term open access for a period less than that sought for by the applicant :
(e) The applicant shall sign an agreement for medium-term open access with the State Transmission Utility, in accordance with the provision as may be made in the detailed procedure. While seeking medium-term open access to an Intra-State transmission licensee, other than the State Transmission Utility, the applicant shall sign a tripartite medium-term open access agreement with the State Transmission Utility and the Intra- State transmission licensee. The medium-term open access agreement shall contain the date of commencement and end of medium-term open access, the point of injection of power into the grid and point of drawal from the grid, the details of dedicated transmission lines required, if any, the bank guarantee required to be given by the applicant and other details in accordance with the detailed procedure.
(f) Immediately after grant of medium-term open access, the nodal agency shall inform the State Load Despatch Centre so that it can consider the same while processing requests for short-term open access received under these regulations.
(g) On expiry of the period of the medium-term open access, the medium-term customer shall not be entitled to any overriding preference for renewal of the term.
(3) Within same distribution system.––The procedure specified in sub-regulation (2) above shall, mutatis mutandis, apply to cases of medium-term open access when the point of injection and the point of drawal are located in the same distribution system.
No. 17-2] The J&K Govt. Gazette, 24th July, 2015/2nd Asad., 1937. 29 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
16. Procedure for short-term Open Access :
(1) Involving Inter-State transmission system.–– Notwithstanding
anything contained in sub-regulation (2) to (3) hereinbelow, procedure for
Inter-State short-term open access shall be as per Central Electricity
Regulatory Commission (Open Access in Inter-State Transmission)
Regulations, 2008, or its statutory re-enactments, as amended from time to
time :
Provided that in respect of a consumer connected to a distribution
system seeking Inter-State short-term open access, the SLDC, before giving
its consent to the RLDC as required under the Central Commission's
regulations, shall require the consumer to submit the consent of the
distribution licensee concerned.
(2) Involving only Intra-State transmission system.––Subject
to the provisions of sub-regulation (1) hereinabove, Intra-State short-term
open access shall be in accordance with the provisions of clause (a) to (f)
hereinbelow :––
(a) Open access in advance :
(i) Application may be submitted to the Nodal Agency seeking
short-term open access up to the fourth month, considering
the month in which an application is made being the first
month ;
(ii) Separate application shall be made for each month and
for each transaction in a month ;
(iii) The application to the Nodal agency shall be on the
prescribed form given in [FORMAT ST-1] containing
such details as capacity needed, generation planned or
power purchase contracted, point of injection, point of
drawal, duration of availing open access, peak load,
average load and such other additional information as may 30 The J&K Govt. Gazette, 24th July, 2015/2nd Asad., 1937. [No. 17-2 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
be required by the Nodal Agency. The application shall
be accompanied by a non-refundable application fee in
cash or by demand draft in favour of the officer so notified
by Nodal Agency ;
(iv) An application for grant of open access commencing in
any month may be submitted in a cover marked
"Application for short-term open access -in advance" up
to 15th day of the preceding month.
For example, application for grant of open access
commencing in the month of July shall be received up to
15th day of June.
(v) Nodal Agency shall acknowledge receipt of the
application by indicating time and date on
"ACKNOWLEDGEMENT" to the applicant ;
(vi) A customer of distribution licensee intending to avail open
access shall also furnish a copy of his application to the
distribution licensee of his area of supply ;
(vii) Based on the type of transactions Nodal Agency shall
take a decision on the applications for short-term open
access in the manner provided hereinbelow ;
(viii) All applications received under sub-clause (iv) above shall
be taken up for consideration together and processed as
per allotment priority criteria specified under Regulation
20 of these regulations ;
(ix) Nodal Agency shall check transaction for congestion of
any element (line and transformer) of transmission and
distribution system involved in transaction ;
(x) Nodal Agency shall convey grant of open access or
otherwise in format [FORMAT-ST-2] along with No. 17-2] The J&K Govt. Gazette, 24th July, 2015/2nd Asad., 1937. 31 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
schedule of payments to the consumer latest by 19th day
of such preceding month ;
(xi) Nodal Agency shall assign specific reasons if open
access is denied under sub-clause (x).
(b) Day-Ahead Open Access :
(i) An application for grant of day-ahead open access may
be received by Nodal Agency within three days prior to
the date of scheduling but not later than 1000 hours of the
day immediately preceding the day of scheduling for day-
ahead transaction ;
(ii) For example, application for day-ahead transaction on 25th
day of July shall be received on 22nd day or 23rd day or
up to 1000 hours on 24th day of that month ;
(iii) Nodal Agency shall check for congestion and convey
grant of approval or otherwise in the same format
[FORMAT-ST-2] as provided in sub-clause (x) of
clause (a) of sub-regulation 2 of Regulation 16. All other
provisions of application for short-term open access shall
apply.
(c) Bidding Procedure :
(i) If the capacity sought by the customers for Open Access
in advance for the following month is more than the
available capacity or SLDC perceives congestion of any
element of transmission and distribution system involved
in the transaction, the allocation shall be made through
electronic bidding procedure ;
(ii) The decision of SLDC in respect of an expected
congestion shall be final and binding ;
32 The J&K Govt. Gazette, 24th July, 2015/2nd Asad., 1937. [No. 17-2 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
(iii) SLDC shall convey information of congestion and decision
for invitation of bidding indicating floor price on format
[FORMAT-ST-3] to the applicants ;
(iv) SLDC shall also display bidding information on its
website ;
(v) The floor price of transmission and wheeling charges
determined on the basis of relevant order of the
Commission shall be indicated in FORMAT-ST-3 ;
(vi) The bids shall be accepted on format [FORMAT-ST-4]
up to the "bid closing time" as indicated in bidding invitation
FORMAT-ST-3. Modification/amendment to a bid, once
submitted shall not be entertained ;
(vii) If any customer does not participate in bidding process,
his application shall be deemed to have been withdrawn
and shall not be processed ;
(viii) SLDC shall not entertain any request for extension of
time/date for submission of bids ;
(ix) The bidders shall quote price (rounded-off to whole
number) in denomination in which floor price has been
determined ;
(x) The quoted price shall be arranged in descending order
and allocation of available capacities shall be accorded in
such descending order until the available capacity is
exhausted ;
(xi) In case of equal price quoted by two or more customers,
the allocation from the residual available capacity at any
stage under sub-clause (x) above shall be made in
proportion to capacity being sought by such customers ;
No. 17-2] The J&K Govt. Gazette, 24th July, 2015/2nd Asad., 1937. 33 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
(xii) All customers, in favour of whom full capacities have been allotted, shall pay the highest price obtained from bids ;
(xiii) The customers, who are allotted less capacity, shall pay
the price as quoted by them ;
(xiv) SLDC shall reject bid which are incomplete, vague in any manner or not found in conformity with bidding procedure ;
(xv) The successful bidder, in favour of whom the capacities have been allocated, shall pay transmission charges, wheeling charges, as the case may be, determined by bidding under sub-clause (xii) or (xiii) of this clause.
(d) The reserved capacity by a short-term open access customer
is not transferable to others ;
(e) The capacity available as a result of surrender or reduction or cancellation of the reserved capacity by the State Load Dispatch Centre, may be reserved for any other short-term open access customer in accordance with these regulations ;
(f) On expiry of the period of the short-term open access, the short-term customer shall not be entitled to any overriding preference for renewal of the term.
(3) Within same distribution system.––The procedure specified in sub-regulation (2) above, mutatis mutandis, shall apply to cases of short- term open access when the point of injection and the point of drawal are located in the same distribution system.
17. Consent by STU, SLDC or Distribution Licensee :
(1) Inter-State Open Access.–– STU in the case of application for grant of long-term access and SLDC in the case of grant of medium- term open access and short-term open access shall convey its consent or otherwise as per the provisions of Central Electricity Regulatory Commission 34 The J&K Govt. Gazette, 24th July, 2015/2nd Asad., 1937. [No. 17-2 ––––––––––––––––––––––––––––––––––––––––––––––—–––————— (Grant of Connectivity, Long-Term Access and Medium-Term Open Access
in Inter-State Transmission and related matters) Regulations, 2009 and
Central Electricity Regulatory Commission (Open Access in Inter-State
Transmission) Regulations, 2008, respectively or their statutory
re-enactments, as amended from time to time. In case of applicant connected
to the distribution licensee, the said distribution licensee shall convey its
consent or otherwise within 3 days of receipt of the request of the applicant.
(2) Intra-State Open Access :
(a) While processing the application seeking consent for intra-State
open access, the nodal agency shall verify the following,
namely :––
(i) Existence of infrastructure necessary for time block-wise
energy metering and accounting in accordance with the
provisions of the State Grid Code in force ; and
(ii) Availability of capacity in the transmission and/or
distribution network.
(b) Where existence of necessary infrastructure and availability
of capacity in the transmission and/or distribution network has
been established, the nodal agency shall convey its consent to
the applicant by e-mail or FAX or by any other usually recognised
mode of communication, within three (3) working days of
receipt of the application ;
(c) In case the nodal agency finds that the application for consent
is incomplete or defective in any respect, it shall communicate
the deficiency or defect to the applicant by e-mail or FAX or
by any other usually recognised mode of communication, within
two (2) working days of receipt of the application ;
(d) In case the application has been found to be in order but the
nodal agency refuses to give consent on the grounds of No. 17-2] The J&K Govt. Gazette, 24th July, 2015/2nd Asad., 1937. 35 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
non-existence of necessary infrastructure or unavailability of
surplus capacity in the distribution network, such refusal shall
be communicated to the applicant by e-mail or FAX or by any
other usually recognized mode of communication, within the
period of three (3) working days from the date of receipt of
the application, along with reasons for such refusal ;
(e) Where the nodal agency has not communicated any deficiency
or defect in the application within two (2) days from the date
of receipt of application, or refusal or consent within the
specified period of three (3) working days from the date of
receipt of the application consent shall be deemed to have been
granted.
(3) Within same distribution system.–– The procedure specified
in sub-regulation (2) above, mutatis mutandis, shall apply to applicant
seeking consent for Intra-State open access when the point of injection and
the point of drawal are located in the same distribution system.
18. Consideration of applications from defaulters.––
Notwithstanding anything contained in these regulations, the Nodal Agency
shall be at liberty to summarily reject an application for open access on the
ground of non-compliance of the provisions of these regulations, more
specifically the provisions relating to timely payment of the charges leviable
hereunder.
19. Application by eligible entities other than consumers and
generating stations connected to distribution system.––The procedure
for submission of the application and processing the same as laid down in
this Chapter in respect of the consumers shall, mutatis mutandis, be
applicable to the electricity trading licensees, distribution licensees and the
generating companies connected to the STU as well. The procedure for
submission and processing of open access application by a generating
company in respect of a generating station connected to distribution system
has been specified in Chapter 11 of these Regulations.
36 The J&K Govt. Gazette, 24th July, 2015/2nd Asad., 1937. [No. 17-2 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
20. Allotment Priority.––(1) The priority for allotment of open access in Intra-State transmission system shall be decided on the following criteria :
(a) A distribution licensee shall have the highest priority in allotment of open access capacity irrespective of whether the open access request is for long-term, medium-term or short-term ;
(b) The long-term open access applicants shall have the priority
next to the distribution licensee ;
(c) The medium-term open access applicants shall have the priority
next to the long- term open access applicants ;
(d) The short-term open access applicants shall have the priority
next to the medium-term open access applicants ;
(e) Allotment priority for short-term open access applicants shall
be decided subject to capacity availability ;
(f) An existing open access customer shall have the priority higher than new open access applicants under respective category provided the former applies for its renewal thirty days prior to the expiry of existing term of open access ;
(g) When the requirement projected by an applicant is more than the available capacity and the said applicant is not able to limit his requirement to the available capacity, the request of applicant having next lower priority shall be taken up for consideration.
CHAPTER 5
Open Access Charges
21. Transmission Charges and Wheeling Charges :
(1) Transmission Charges.––Open Access customer using
transmission system shall pay the charges as stated hereunder :––
(a) For use of Inter-State transmission system-As specified by
the Central Commission from time to time ;
No. 17-2] The J&K Govt. Gazette, 24th July, 2015/2nd Asad., 1937. 37 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
(b) For use of Intra-State transmission system-Transmission charges payable to State Transmission Utility/transmission
licensee by an open access customer for usage of their system
shall be determined as under :––
Transmission Charges = ATC/(PLST X365) (in Rs./MW-day)
Where,
ATC =Annual Transmission Charges determined by the
Commission for the State transmission system for the previous
year.
PLST = Peak Load Served by the State Transmission system in that year :
Provided that transmission charges shall be payable on the basis
of contracted Capacity/Scheduled Load or actual power flow
whichever is higher. For open access for a part of a day, the
transmission charges shall be payable on pro-rata basis :
Provided further that where augmentation of transmission
system including dedicated transmission system used for open
access has been constructed for exclusive use of or being used
exclusively by an open access customer, the transmission
charges for such dedicated system shall be worked out by
transmission licensee for their respective systems and got
approved by the Commission and shall be borne entirely by
such open access customer till such time the surplus capacity
is allotted and used for by other persons or purposes.
(2) Wheeling Charges.––Wheeling charges payable to distribution
licensee, by an open access customer for usage of its system shall be as
determined as under :––
Wheeling Charges = (ARR - PPC - TC) /(PLSD X365) (in Rs./MW-Day) 38 The J&K Govt. Gazette, 24th July, 2015/2nd Asad., 1937. [No. 17-2 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
Where,
ARR = Annual Revenue Requirement of the distribution
licensee in the previous year
PPC = Total Power Purchase Cost of distribution licensee in
the previous year
TC = Total transmission Charges paid by distribution licensee
for State and Inter-State transmission system for the previous
year
PLSD = Total Peak Load Served by the concerned Distribution system in the previous year :
Provided that wheeling charges shall be payable on the basis
of contracted Capacity/Scheduled Load or actual power flow
whichever is higher. For open access for a part of a day, the
wheeling charges shall be payable on pro-rata basis :
Provided further that where a dedicated distribution system
used for open access has been constructed for exclusive use
of an open access customer, the wheeling charges for such
dedicated system shall be worked out by distribution licensee
for their respective systems and got approved by the
Commission and shall be borne entirely by such open access
customer till such time the surplus capacity is allotted and used
for by other persons or purposes.
22. Scheduling and system operation charges.––Scheduling and
system operation charges shall be payable by the open access customers
at the following rates :––
(1) In respect of Inter-State open access :
(a) Long-term access and medium-term open access––
(i) Regional Load Despatch Centre fees and charges No. 17-2] The J&K Govt. Gazette, 24th July, 2015/2nd Asad., 1937. 39 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
including charges for the Unified Load Despatch and
Communication Scheme as specified by the Central
Commission under section 28(4) of the Indian Electricity Act, 2003 ;
(ii) State Load Despatch Centre charges as specified by the Commission under sub-section (3) of section 27 of the Act.
(b) Short-term open access––
(i) Regional Load Despatch Centre and State Load
Dispatch Centre charges as specified by the Central Commission.
(2) In respect of Intra-State open access :
(a) Long-term access and medium-term open access––
(i) Long-term access and medium-term open access customers shall be liable to pay SLDC charges determined by the Commission under sub-section (3) of section 27 of the Act.
(b) Short-term open access––
(i) A composite operating charge @ Rs. 2,000/- per day or part of the day shall be payable by a short-term open access customer for each transaction to the SLDC or as determined by the Commission from time
to time.
Explanation :––The operating charge includes fee for scheduling and system operation,
energy accounting, fee for affecting revisions in schedule on bona fide
grounds and collection and
disbursement of charges.
40 The J&K Govt. Gazette, 24th July, 2015/2nd Asad., 1937. [No. 17-2 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
23. Cross subsidy surcharge.––(1) If open access facility is availed of by a subsidising consumer of a distribution licensee of the State, then
such customer, in addition to transmission and/or wheeling charges, shall
pay cross subsidy surcharge determined by the Commission. Cross subsidy
surcharge determined on per unit basis shall be payable, on a monthly basis,
by the open access customers based on the actual energy drawn during the
month through open access. The amount of surcharge shall be paid to the
distribution licensee of the area of supply from whom the consumer was
availing supply before seeking open access :
Provided that the Commission may fix a lower surcharge in the situation
of shortages and load shedding by the distribution licensee :
Provided further that in case power supply position or the consumer
load seeking open access changes substantially, the Commission may review
the cross subsidy surcharge as and when required.
(2) The cross subsidy surcharge shall be determined in accordance
with the following formula specified in National Tariff Policy :––
Surcharge formula :
S = T - {C(1+L/100) + D}
Where,
S is the cross Subsidy surcharge.
T is the Tariff payable by the relevant category of
consumers.
C is the weighted average cost of power purchase of top 5%
at the margin excluding liquid fuel based generation and
renewable power.
D is the wheeling charges per kWh basis (to be derived from
the wheeling charges in Rs./MW-day referred to in
Regulation 21(2).
No. 17-2] The J&K Govt. Gazette, 24th July, 2015/2nd Asad., 1937. 41 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
L is the system losses for the applicable voltage level expressed
as a percentage :
Provided that in case the above formula gives negative value of surcharge, the same shall be zero.
24. Additional Surcharge.––(1) An open access consumer, receiving supply of electricity from a person other than the distribution licensee of his area of supply, shall pay to the distribution licensee an additional surcharge on the charges of wheeling, in addition to wheeling charges and cross subsidy surcharge, to meet out the fixed cost of such distribution licensee arising out of his obligation to supply as provided under sub-section (4) of section 36 of the Act.
(2) This additional surcharge shall become applicable only if the obligation of the licensee in terms of power purchase commitments has been and continues to be stranded or there is an unavoidable obligation and incidence to bear fixed costs consequent to such a contract. However, the fixed costs related to network assets would be recovered through wheeling charges.
(3) The distribution licensee shall submit to the Commission, on six monthly basis, a detailed calculation statement of fixed cost which the licensee is incurring towards his obligation to supply.
The Commission shall scrutinize the statement of calculation of fixed cost submitted by the distribution licensee and obtain objections, if any, and determine the amount of additional surcharge :
Provided that any additional surcharge so determined by the
Commission shall be applicable only to the new open access consumers.
(4) Additional surcharge determined on per unit basis shall be payable, on monthly basis, by the open access customers based on the actual energy
drawn during the month through open access :
Provided that such additional surcharges shall not be levied in case
distribution access is provided to a person who has established a captive 42 The J&K Govt. Gazette, 24th July, 2015/2nd Asad., 1937. [No. 17-2 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
generation plant for carrying the electricity to the destination of his
own use.
25. Stand-by charges for drawal of power by open access
consumer from distribution licensee.––(1) In cases of outages of generator
supplying to open access consumer under open access or generator
connected to distribution system injecting power through open access
requires start up power, stand-by arrangements shall be provided by the
distribution licensee subject to the load shedding as applicable to consumer
of the licensee and the licensee shall be entitled to collect tariff as applicable
to temporary category of consumer in the prevailing rate schedule :
Provided further that in case of stand-by arrangements sought by
continuous process industries, the licensee shall charge on the basis of
actual costs involved in arranging power :
Provided also that open access customers would have the option to
arrange stand-by power from any other source :
Provided further that there shall be no stand-by charges for embedded
consumers.
CHAPTER 6
Scheduling, Metering, Revision and Losses
26. Scheduling.––(1) Notwithstanding anything contained in the
succeeding sub-regulation of this regulation, scheduling of Inter-State open
access transactions shall be as specified by the Central Commission.
(2) Subject to the foregoing clause, Intra-State open access
transactions in respect of all consumers and generating stations irrespective
of the capacity shall be scheduled by SLDC in accordance with the
provisions of the State Grid Code.
No. 17-2] The J&K Govt. Gazette, 24th July, 2015/2nd Asad., 1937. 43 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
27. Metering.––(1) All open access consumers (except embedded consumers) and all generating stations irrespective of capacity shall be provided with, Special Energy Meters by the State Transmission Utility or the distribution licensee as the case may be, for and at the cost of the open access customers. For embedded consumers existing ToD meters would be adequate.
(2) Special Energy Meters installed shall be capable of time- differentiated measurements for time block-wise active energy and voltage differentiated measurement of reactive energy in accordance with the State Grid Code.
(3) Special Energy Meters shall always be maintained in good
condition.
(4) Special Energy Meters shall be open for inspection by any person authorized by the State Transmission Utility or the State Load Despatch Centre.
(5) All the open access customers shall abide by the metering
standards of CEA.
28. Revision.––Revision of scheduled energy shall be permitted in accordance with the provisions of IEGC or the State Grid Code as the case may be.
29. Losses :
(1) Transmission losses.––System transmission losses shall be
payable in kind by all open access customers :––
(a) Inter-State transmission––
(i) Long-term access and medium-term open access :
The buyers shall bear apportioned energy losses in the transmission system in accordance with the provisions specified by the Central Commission.
44 The J&K Govt. Gazette, 24th July, 2015/2nd Asad., 1937. [No. 17-2 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
(ii) Short-term Open Access––
The buyers and sellers shall absorb apportioned energy
losses in the transmission system in accordance with
the provisions specified by the Central Commission.
(b) Intra-State transmission––
(i) The transmission losses for the Intra-State system
determined by the Commission in tariff orders for the
applicable year, shall be apportioned in proportion to
the actual energy drawal by the open access customers
and shall be payable in kind.
(2) Distribution loss.––System distribution losses shall be payable
by all open access consumers and Captive Power Plants supplying power
to its units within the State as determined by the Commission for various
voltage levels in tariff orders for the applicable year. Distribution system
losses shall also be payable in kind by Generators and Traders who are
connected through distribution system of licensee.
Example :
(A) Embedded generator connected to 33kV distribution
system of the licensee supplying to consumer outside
State :
(i) Power injected at interconnecting point - 8.00 MW.
(ii) Distribution system losses @ 15% - 1.20 MW
(iii) Power injected at transmission level - 6.80 MW
(iv) State transmission system - 0.13 MW
losses @1.86%
(v) Net scheduled at state periphery - 6.67 MW
(for SLDC) No. 17-2] The J&K Govt. Gazette, 24th July, 2015/2nd Asad., 1937. 45 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
(vi) NR transmission losses @ 4% - 0.27 MW
(vii) Net available to beneficiary - 6.40 MW
Note :––In addition to above, transmission losses of other regions shall also be applicable if power is being transmitted outside NR region.
(B) Consumer of distribution licensee availing power from outside State under open access (say from power exchange) :
(i) Power drawn by the consumer at - 8 MW
his premises (say A)
(ii) Distribution loss @ 15% (say B)
(iii) Power required at distribution - 9.4 MW
periphery (C=A/(1-B))
(iv) Transmission loss @ 1.86% (say D)
(v) Schedule at state periphery - 9.6 MW
(E=C/(1-D))
(vi) Central transmission losses @ 4% (say F)
(vii) Power to be tied up from exchange - 10 MW
(G=E/(1-F))
Note :––In addition to above, transmission losses of other regions shall also be applicable if power is being drawn from outside NR region.
Note :––High Voltage rebate provided in relevant tariff order shall be suitably incorporated while fixing distribution loss for open access consumers. The same has been illustrated in the example given below :––
Example :
(i) High Voltage Rebate for 132 kV (%) = A
(ii) Average recovery rate from HT Industry category =
Rs. X/kWh 46 The J&K Govt. Gazette, 24th July, 2015/2nd Asad., 1937. [No. 17-2 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
(iii) Average Power Purchase Rate = Rs. Y/kWh
(iv) Equivalent loss compensation for rebate (%) = X/Y times
of A
(v) Average loss chargeable to relevant category (%) = B
(vi) Loss chargeable to consumer getting HV rebate (%) =
B-X/Y of A.
CHAPTER 7
Imbalance and Reactive Energy Charges
30. Imbalance Charge.––(1) Scheduling of all transactions pursuant to grant of long-term access or medium-term open access or short-term open access shall be carried out on day-ahead basis in accordance with the relevant provisions of IEGC for Inter-State transactions and in accordance with JKSERC (Grid Code) for Intra-State transactions.
(2) In case of deviation by open access consumers with load of less than 10 MW, the difference between the applicable sanctioned open access load and the actual drawal shall be accounted through the Time of Day (ToD) Meters on monthly basis and settled at the rate of the imbalance charge as determined by the Commission (where imbalance charge has not been determined by the Commission, UI rate as determined by the Central Commission shall be applicable). In case of under drawal as a result of non-availability of the distribution system or unscheduled load shedding, the open access consumer shall be compensated by the distribution licensee at the average power purchase cost of the distribution licensee or the contract price of energy for the open access consumer, whichever is lower.
(3) Deviations between the schedule and the actual injection/drawal in respect of open access consumers with load of 10 MW and above and the generating stations irrespective of the capacity, shall be settled based on the composite accounts for imbalance transactions issued by SLDC on a weekly cycle based on net metering in accordance with the rates specified No. 17-2] The J&K Govt. Gazette, 24th July, 2015/2nd Asad., 1937. 47 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
by the Commission. Where the imbalance charges are not specified by the Commission, the imbalance charges specified by the Central Commission shall be applicable.
(4) Payment of imbalance charges shall have a high priority and the
concerned constituents (including the licensees or the open customers as
the case may be) shall pay the indicated amounts within 10 (ten) days of
the issue of the statement, into a State imbalance pool account operated by
the SLDC. The person who has to receive the money on account of imbalance
charges would then be paid out from the State imbalance pool account,
within three (3) working days.
(5) If payments against the above imbalance charges are delayed by
more than two days, i. e., beyond twelve (12) days from the date of issue of
statement, the defaulting party shall have to pay simple interest @ 0.04%
for each day of delay. The interest so collected shall be paid to the person
who had to receive the amount, payment of which got delayed. Persistent
payment defaults, if any, shall be reported by the SLDC to the Commission,
for initiating remedial action.
31. Reactive Energy Charge.––In respect of open access customer
the payment for the reactive energy charges shall be in accordance with
provisions stipulated in the IEGC till such provision is stipulated in State Grid Code.
CHAPTER 8
Commercial Matters
32. Billing, Collection and Disbursement.––Billing in respect of the charges payable under these regulations shall be made as per the following procedure :
(1) Inter-State transactions.––
(a) Short-Term Open Access :
(i) Collection and disbursement of transmission charges for use of CTU and STU systems and operating 48 The J&K Govt. Gazette, 24th July, 2015/2nd Asad., 1937. [No. 17-2 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
charges payable to RLDCs and SLDCs towards short- term open access shall be made by the nodal RLDC in accordance with the procedure specified by the Central Commission ;
(ii) The short-term open access customer connected to distribution system of a distribution licensee shall pay to such distribution licensee, the wheeling charges payable to the distribution licensee within 3 days from the grant of the short-term open access by the nodal agency.
(b) Long-term access and medium-term open access :
(i) Billing, collection and disbursement of charges payable to RLDC including Unified Load Despatch and Communication Scheme shall be in accordance with the procedure specified by the Central Commission ;
(ii) Bills towards the charges payable to SLDC shall be raised by the STU/SLDC directly to the open access customer connected to STU and to the distribution licensee in respect of the customers connected to the distribution system, before the 3rd working day of the succeeding calendar month ;
(iii) Distribution licensee shall raise the bill with the open access customer connected to it within 3 days of receipt of bill from SLDC ;
(iv) Open access customer connected to the distribution licensee shall pay the charges within five days of receipt of bill from distribution licensee. The distribution licensee shall disburse the amount payable to STU/ SLDC on a monthly basis ;
(v) Open access customer connected to the STU shall pay the bills within five working days of receipt of the bill.
No. 17-2] The J&K Govt. Gazette, 24th July, 2015/2nd Asad., 1937. 49 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
(2) Intra-State transactions––
(a) Short-Term Open Access :
(i) The short-term open access customer shall deposit with
SLDC the transmission charges and operating charges
within 3 working days of grant of the short- term open
access by SLDC ;
(ii) In addition to the above, the short-term open access
customer connected to distribution system of a
distribution licensee shall also pay to SLDC, the
wheeling charges payable to the distribution licensee
within 3 days from the grant of the short-term open
access by the nodal agency. Such charges would be
disbursed to the distribution licensee on a weekly basis.
(b) Long-Term and Medium-Term open access :
(i) SLDC, transmission licensees and distribution licensee,
where applicable, shall communicate to STU the details
of the bills due to them by the 3rd day of the
succeeding calendar month. STU shall separately
indicate the above charges and raise the bill with the
open access customer, together with the charges
receivable by it, if any, before the 5th day of the above
month. The open access customer shall pay the
charges within 7 days from the date of receipt of the
bill. STU shall disburse the charges payable to SLDC,
transmission licensee and distribution licensee on a
monthly basis.
33. Late payment surcharge.––In case the payment of any bill for
charges payable under these regulations is delayed by an open access
customer beyond the due date, without prejudice to any action under the
Act or any other regulation thereunder, a late payment surcharge at the
rate of 1.5% per month shall be levied.
50 The J&K Govt. Gazette, 24th July, 2015/2nd Asad., 1937. [No. 17-2 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
34. Default in payment.––Non-payment of any charge or sum of
money payable by the open access customer under these regulations shall
be considered non-compliance of these regulations. The STU or any other
transmission licensee or a distribution licensee may discontinue open access
after giving customer an advance notice of fifteen days without prejudice
to its right to recover such charges by suit. In case of default in payment of
charges due to the Load Despatch Centre, the Load Despatch Centre
concerned may refuse to schedule power to the defaulting open access
customer and direct the licensee concerned to disconnect such customer
from the grid.
35. Payment Security Mechanism.––In case of long-term access
and medium-term open access, the applicant for open access will open an
irrevocable Letter of Credit in favour of the agency responsible for collection
of various charges for the estimated amount of various charges for a period
of two months.
CHAPTER 9
Limited Short-Term Open Access
36. Eligibility for limited short-term open access consumer and
conditions to be satisfied.––(1) Subject to the provisions of these
regulations, any consumer of the distribution licensee having contracted
load of 1 (one) MW or above and connected to the distribution system of
licensee at 33 kV or above, seeking open access and are connected through
an independent feeder emanating from a grid sub-station of licensee or
industrial feeder provided that all the consumers on such industrial feeder,
may apply for limited short-term open access and having simultaneous
schedule of drawal under such open access.
(2) Subject to the provisions of these regulations, in case of any
limited short-term open access consumer, the minimum schedule for drawl
of power through open access in each time slot during the day shall not be
less than maximum demand recorded during previous month or 80% of its
contracted load whichever is higher.
No. 17-2] The J&K Govt. Gazette, 24th July, 2015/2nd Asad., 1937. 51 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
Explanation :––For the purpose of this clause, "time slot" means each 30 minutes time block which is the minimum period for which the Time-of-day meter is capable of integrating the maximum demand.
37. Settlement of Energy at drawal point in respect of limited short-term open access consumer.––(1) The monthly energy drawal (in kVAh) during the open access period by such consumer shall be calculated from his scheduled drawal and by multiplying it with number of hours of open access availed during the month, as provided in the open access schedule of the consumer :
Provided that such energy drawal shall be at unity power factor.
(2) Such energy drawal through open access shall be deducted from the monthly consumption of energy recorded in his existing meter installed by the distribution licensee for billing purposes.
Example :
(a) Contracted load of the such consumer = 10,000 kVA
(b) Scheduled drawal = 8000 kW
(c) No. of hours during "Normal Hours i. e. C1 period" during which open access was availed by the consumer during the month=120 hours
(d) No. of hours during "Peak Hours i. e. C2 period" during which open access was availed by the consumer during the month=180 hours
(e) No. of hours during "Off Peak Hours i. e. C3 period" during which open access was availed by the consumer during the month=60 hours
(f) Assessed consumption during "C1 period" for the month during open access period = 8000x120 = 960000 kWh = 960000 kVAh (at unity pf) 52 The J&K Govt. Gazette, 24th July, 2015/2nd Asad., 1937. [No. 17-2 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
(g) Assessed consumption during "C2 period" for the month during
open access period = 8000x180 = 1440000 kWh = 1440000
kVAh (at unity pf)
(h) Assessed consumption during "C3 period" for the month during
open access period = 8000x60 = 480000 kWh = 480000 kVAh
(at unity pf)
(i) Consumption recorded in consumer's meter during "C1 period"
for the month, say 1200000 kVAh
(j) Consumption recorded in consumer's meter during "C2 period"
for the month, say 2000000 kVAh
(k) Consumption recorded in consumer's meter during "C3 period"
for the month, say 800000 kVAh
(l) Net consumption during "C1 period" for the month to be
accounted by distribution licensee for billing purpose = 1200000-
960000= 240000 kVAh
(m) Net consumption during "C2 period" for the month to be
accounted by distribution licensee for billing purpose = 2000000-
1440000= 560000 kVAh
(n) Net consumption during "C3 period" for the month to be
accounted by distribution licensee for billing purpose =
800000-480000= 320000 kVAh
(3) Scheduling shall be done in accordance with relevant provisions
of IEGC for Inter-State transactions and in accordance with relevant
provisions of State Grid Code for Intra-State transactions.
38. Over-drawal/under-drawal at drawal point by limited short-
term open access consumer.––Imbalance charges as per Chapter 7 of
these regulations and unscheduled Inter-change (UI) charges as specified
by the Central Commission shall not be applicable for limited short-term No. 17-2] The J&K Govt. Gazette, 24th July, 2015/2nd Asad., 1937. 53 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
open access consumer. However, limited short-term open access consumer
shall be liable to pay penalty for drawing excess demand in the manner provided below :––
(1) Over-drawal––In case such open access consumer draws power more than 100% of its contracted load or scheduled power, whichever is more for any time slot during the open access period in a day, it shall be liable for payment of penalty. Rate of penalty for each time slot (Rs./kVA of contracted load) shall be proportionate to the percentage of excess drawal as above and shall be equal to Rs. 0.10 for each per cent.
Example :
Calculation of penalty for one day
Contracted Excess Rate of penalty No. of Penalty for Total Penalty load drawal (Rs./kVA/ time slot each time payable by
(CD in (%) time slot) where slot (Rs.) consumer
kVA)
(Rs.)
power drawn is more than 100% of the CD (TS)
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
(0.10 X % excess (TS X Rate drawal) X CD)
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
10000 11 1.1 1 11100
15 1.5 3 45000 156100
20 2.0 5 100000
(2) Under drawal–– In case where limited short-term open access consumer under-draws from the grid, he shall be compensated at average rate for power purchase cost by distribution licensee as per applicable tariff order for relevant year or contracted price of energy purchase by open access consumer, whichever is lower.
Average rate of power purchase cost = [Total power purchase cost/
total units purchased].
54 The J&K Govt. Gazette, 24th July, 2015/2nd Asad., 1937. [No. 17-2 ––––––––––––––––––––––––––––––––––––––––––––––—–––————— 39. Charges applicable to limited short-term open access consumers.––(1) Limited short-term open access consumers shall be exempted from payment of transmission charges, wheeling charges, cross subsidy surcharge and additional surcharge. However, they shall continue to pay other charges namely energy charge, demand/fixed charge, minimum consumption guarantee etc., applicable to them as per the rate schedule in the tariff order :
Provided that energy charges shall be payable at balance energy/ consumption calculated as per energy settlement mechanism provided in Regulations 37 and 38 above.
(2) Limited short-term open access consumers shall also be liable to pay composite operating charges @ Rs. 2,000/- per day or part of the day for each transaction to the SLDC or as determined by the Commission from time to time.
(3) In case Inter-State transmission system is used by such consumer in addition Intra-State transmission system or distribution system, transmission charges, RLDC charges etc., as fixed and approved by the Central Commission shall be payable for use of Inter-State transmission system in addition to payment of charges as per sub-regulations (1) and (2) above.
40. Drawal of power by limited short-term access consumer from distribution licensee.––In cases where supplier fails to supply power, in any time slot, to limited short-term open access consumer due to any reason, said supplier shall revise his schedule as per provisions of State Grid Code and the same shall be communicated to SLDC and concerned open access customer. The SLDC shall revise the schedule which shall become effective from 2nd time slot (counting the time slot in which such eventuality has taken place to be the first one) and the revised schedule shall be provided to distribution licensee. It shall be the duty of such open access consumers to draw power as per revised schedule. Drawal of power in excess of the revised schedule by limited short-term open access consumers shall be treated as over-drawal of power by such consumer and shall be liable to pay penalty as per sub-regulation (1) of Regulation 38 of
these regulations.
No. 17-2] The J&K Govt. Gazette, 24th July, 2015/2nd Asad., 1937. 55 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––——— 41. Nodal Agency for limited short-term open access customer.––The Nodal Agency for limited short-term open access consumer shall be the State Load Despatch Center and in such case, the State Transmission Utility and/or a transmission licensee and/or a distribution licensee concerned, as the case may be, shall be responsible for coordination with the State Load Despatch Center and provide all relevant information required to take decision for providing open access.
42. Procedure for grant of limited short-term open access customer.–– The procedure for grant of short-term open access specified in Regulation 16 contained in Chapter 4 shall be applicable for grant of Limited short-term open access also.
43. Metering for limited short-term open access customer.––In case of limited short-term open access consumers, the existing ToD meter installed at their premises shall serve the purpose for energy accounting and billing.
44. Billing and payment for limited short-term open access consumers.––(1) Limited short-term open access consumers, being a consumer of distribution licensee, shall continue to pay electricity charges billed to him on monthly basis by the distribution licensee subject to adjustments of quantum of energy and other charges for drawal of power during the period of open access provided in Regulation 39 above.
(2) Distribution licensee shall show these adjustments of quantum of energy and other charges, applicable to such consumer, separately in his electricity bill.
CHAPTER 10
Embedded Open Access Consumers
45. Eligibility for open access to embedded consumers and conditions to be satisfied.––Subject to the provisions of these regulations, any consumer of the distribution licensee having contracted load of 1 (one) MW or above and connected to the distribution system of the licensee at 33 kV or above, seeking open access and are connected through an independent 56 The J&K Govt. Gazette, 24th July, 2015/2nd Asad., 1937. [No. 17-2 ––––––––––––––––––––––––––––––––––––––––––––––—–––————— feeder emanating from a grid sub-station of licensee or industrial feeder provided that all the consumers on such industrial feeder, may apply for open access and having simultaneous schedule of drawal under such open access :
Provided that the consumers who are not on independent feeders, shall be allowed open access subject to the condition that they agree to rostering restrictions imposed by utility on the feeders serving them :
Provided further that duties of distribution licensee, with respect to such open access consumers, shall be of a common carrier providing non-discriminatory open access as per section 36(3) of the Act.
46. Settlement of Energy at drawal point in respect of embedded consumers.––The mechanism for settlement of energy at drawal point in respect of embedded customers shall be same as that provided for limited short-term open access customers in Regulation 37 contained in Chapter 9 of these regulations.
47. Charges applicable to embedded consumers.––(1) Embedded open access consumers shall pay transmission charges as determined by the Commission in accordance with the methodology specified in sub-regulation (1) of Regulation 21 contained in Chapter 5 of these regulations.
(2) Embedded open access consumers shall pay wheeling charges
as determined by the Commission in the following manner :––
WC Embedded consumer = WC - [FC*12*1000/365] (in Rs./MW- day)
Where,
WC Embedded consumer = Net wheeling charges for embedded consumers
WC = Wheeling charges as determined by the Commission in accordance with the methodology specified in Regulation 21(2) contained in Chapter 5 of these regulations.
No. 17-2] The J&K Govt. Gazette, 24th July, 2015/2nd Asad., 1937. 57 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––——— FC = Fixed/demand charges in Rs./kVA/month or Rs./kW/month as
per applicable rate schedule of the prevailing tariff order.
Note :––In case Wheeling Charges for embedded consumer worked out as above becomes negative, such charge shall be zero.
(3) Embedded open access consumers shall pay cross subsidy surcharge and additional surcharge as determined by the Commission in accordance with the methodology specified in Regulations 23 & 24 contained in Chapter 5 respectively.
(4) Embedded open access consumers shall also be liable to pay composite operating charges @ Rs. 2,000/- per day or part of the day for
each transaction to the SLDC or as determined by the Commission from time to time.
(5) Besides the above charges in respect of open access, the
embedded consumers shall continue to pay other charges namely energy charge, demand/fixed charge, minimum consumption guarantee etc., applicable to them as per the rate schedule in the tariff order :
Provided that energy charges shall be payable at balance energy/ consumption calculated as per energy settlement mechanism provided in Regulations 46 above.
(6) In case Inter-State transmission system is used by such customer in addition Intra-State transmission system or distribution system, transmission charges, RLDC charges etc., as fixed and approved by the Central Commission shall be payable for use of Inter-State transmission system in addition to payment of charges as per clauses (1) to (5) above.
48. Scheduling for embedded open access consumers.–– (1) Scheduling shall be done in accordance with relevant provisions of IEGC for Inter-State transactions and in accordance with relevant provisions
of State Grid Code for Intra-State transactions.
(2) By 10:00 A. M. every day, these embedded consumers shall
prepare and submit daily schedule of power, in MW, separately showing 58 The J&K Govt. Gazette, 24th July, 2015/2nd Asad., 1937. [No. 17-2 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
schedule of power from licensee and that from another supplier through open access for the next day, i. e. from 0000 hrs. to 2400 hrs. of the day
following to SLDC along with copy to distribution licensee.
(3) Embedded open access consumers shall be liable to pay excess
demand charges applicable to them as per the rate schedule in the tariff
order.
Example :––Excess demand charges, applicable to category of
consumer, shall be payable if the maximum demand recorded in any month
exceeds the contracted load/demand. Such excess load/demand over and
above the contracted load/demand shall be levied for excess load/demand
penalty :––
(a) Contracted load/demand of the consumer seeking open access
under embedded open access mechanism = 10MW
(b) Scheduled drawal from distribution licensee = 7MW
(c) Scheduled drawal through open access = 3MW
(d) Maximum demand recorded in any month =12MW
(e) Excess load/demand liable for excess load/demand penalty
for the month = 2MW
49. Procedure for grant of short-term open access to embedded
consumers.––Application and procedure for grant of open access to
embedded consumers shall be as same as applicable to short-term open
access customers specified in Regulation 16 contained in Chapter 4 of
these regulations. Nodal Agency for these consumers shall be SLDC.
50. Metering for embedded open access consumer.––In case of
embedded open access consumers, the existing ToD meter installed at their
premises shall serve the purpose for energy accounting and billing.
51. Billing and Payment for embedded open access
consumer.––(1) Billing, collection, disbursement and other commercial No. 17-2] The J&K Govt. Gazette, 24th July, 2015/2nd Asad., 1937. 59 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
matters shall be same as applicable to short-term open access customers
specified in Chapter 8 of these Regulations.
(2) Embedded open access consumers, being a consumer of
distribution licensee, shall continue to pay electricity charges billed to him
on monthly basis by the distribution licensee subject to adjustments of
quantum of energy and other charges for drawal of power during the period
of open access provided in Regulation 46 above.
(3) Distribution licensee shall show these adjustments of quantum of
energy and other charges, applicable to such consumer, separately in his
electricity bill.
CHAPTER 11
Open Access to Generating Station Connected to Distribution
System
52. Application procedure for generating stations connected to
distribution system seeking open access.––Subject to the provisions of
the Section 11 of the Act, a generating station connected to a distribution
system seeking open access shall have to follow, except in respect of the
case covered under Regulation 53 hereinbelow, the same procedure as
applicable for a consumer seeking open access under different scenarios,
namely long-term access, medium-term open access and short-term open
access. Such generating station shall also be liable to pay the same
application fee, and other open access charges except the cross subsidy
surcharge and additional surcharge as are applicable to a consumer seeking
open access.
53. Application procedure for generating station seeking open
access within the area of the same distribution licensee.–– (1) A
generating station seeking open access, only within the area of the same
distribution licensee, shall make an application in the prescribed format to
the distribution licensee.
60 The J&K Govt. Gazette, 24th July, 2015/2nd Asad., 1937. [No. 17-2 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
(2) The distribution licensee, while processing the application of such
a generating station, shall follow the following procedure :––
(a) While processing the application from a generating station seeking open access, within the area of the same distribution licensee, the distribution licensee shall verify the following, namely :––
(i) Existence of infrastructure necessary for time block-wise energy metering and accounting in accordance with the provisions of the State Grid Code in force ; and
(ii) Availability of surplus capacity in the distribution network.
(b) Where existence of necessary infrastructure and availability of surplus capacity in the distribution network has been established, the distribution licensee shall convey its approval within the timelines indicated in sub-regulation (2) of Regulation 13 of these regulations as applicable to open access consumer ;
(c) In case the distribution licensee finds that the application is incomplete or defective in any respect, it shall communicate the deficiency or defect to the applicant by e-mail or FAX or by any other usually recognised mode of communication, within two (2) working days of receipt of the application ;
(d) In case the application has been found to be in order but the distribution licensee refuses to give approval for open access on the grounds of non-existence of necessary infrastructure or unavailability of surplus capacity in the distribution network, such refusal shall be communicated to the applicant by e-mail or FAX or by any other usually recognized mode of communication, within the period of three (3) working days from the date of receipt of the application, along with reasons for such refusal ;
(e) The generating station shall pay the wheeling charge to the distribution licensee in accordance with sub-regulation (2) of No. 17-2] The J&K Govt. Gazette, 24th July, 2015/2nd Asad., 1937. 61 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
Regulation 21 contained in Chapter 5 of these regulations. The treatment of deemed generation in case of non-availability of distribution system shall be settled mutually between the generating station and the distribution licensee.
CHAPTER 12
Information System
54. Information system.––The State Load Dispatch Centre shall post following information on its website in a separate web page titled "Open access information" and also issue a monthly and annual report containing such information :––
(1) A status report on long-term/medium-term/short-term open access by consumers and generating stations including limited short-term open access and open access by embedded consumers indicating––
(a) Name of open access consumer/generating station ;
(b) Period of open access granted (date of commencement
and date of termination) ;
(c) Schedule of power from distribution licensee for each day (applicable to embedded open access consumers) ;
(d) Schedule of power through open access period for each day (applicable to embedded open access consumers) ;
(e) Schedule of open access period for each day (applicable
to limited open access consumers) ;
(f) Point of injection ;
(g) Point of drawal ;
(h) Transmission system/distribution system used ; and
(i) Open access capacity used.
62 The J&K Govt. Gazette, 24th July, 2015/2nd Asad., 1937. [No. 17-2 ––––––––––––––––––––––––––––––––––––––––––––––—–––————— (2) Peak load flows and capacity available including the reserve
capacity on all EHV lines and HV lines emanating from EHV sub-stations.
(3) The information regarding average loss in transmission and
distribution system as determined by respective licensees.
CHAPTER 13
Miscellaneous
55. Under Utilisation or Non-Utilisation of open access capacity
in Intra-State transmission and distribution system :
(1) Long-Term Access.––A long-term customer may relinquish the
long-term access rights fully or partly before the expiry of the full term of
long-term access, by making payment of compensation for stranded capacity
as follows :––
(a) Long-term customer who has availed access rights for at least
12 years :
(i) Notice of one (1) year - If such a customer submits an
application to the Nodal Agency at least 1 (one) year
prior to the date from which such customer desires to
relinquish the access rights, there shall be no charges ;
(ii) Notice of less than one (1) year - If such a customer
submits an application to the Nodal Agency at any time
lesser than a period of 1 (one) year prior to the date from
which such customer desires to relinquish the access
rights, such customer shall pay an amount equal to 66%
of the estimated open access charges (net present value)
for the stranded transmission and/or distribution capacity
for the period falling short of a notice period of one (1)
year.
No. 17-2] The J&K Govt. Gazette, 24th July, 2015/2nd Asad., 1937. 63 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––——— (b) Long-term customer who has not availed access rights for at
least 12 (twelve) years :
Such customer shall pay an amount equal to 66% of the estimated open access charges (net present value) for the stranded transmission and/or distribution capacity for the period falling short of 12 (twelve) years of access rights :
Provided that such a customer shall submit an application to the Nodal Agency at least 1 (one) year prior to the date from which such customer desires to relinquish the access rights :
Provided further that in case a customer submits an application for relinquishment of long-term access rights at any time at a notice period of less than one year, then such customer shall pay an amount equal to 66% of the estimated open access charges (net present value) for the period falling short of a notice period of one (1) year, in addition to 66% of the estimated open access charges (net present value) for the stranded transmission and/or distribution capacity for the period falling short of 12 (twelve) years of access rights.
(c) The discount rate that shall be applicable for computing the net present value as referred to in clause (a) & (b) of sub-regulation (1) above shall be the discount rate to be used for bid evaluation in the Central Commission's Notification issued from time to time in accordance with the Guidelines for Determination of Tariff by Bidding Process for Procurement of Power by distribution licensees issued by the Ministry of Power.
(d) The compensation paid by the long-term customer for the stranded transmission and/or distribution capacity shall be used for reducing transmission and/or wheeling charges payable by other long-term customers and medium-term customers in the year in which such compensation payment is due in the ratio of open access charges payable for that year by such long-term customers and medium-term customers.
64 The J&K Govt. Gazette, 24th July, 2015/2nd Asad., 1937. [No. 17-2 ––––––––––––––––––––––––––––––––––––––––––––––—–––————— (2) Medium-term open access customers.–– A medium-term open access customer may relinquish rights, fully or partly, by giving at least 30 days prior notice to the Nodal Agency :
Provided that the medium-term open access customer relinquishing
its rights shall pay applicable open access charges for the period of
relinquishment or 30 days whichever is lesser.
(3) Short-term open access customer.––
(a) The short-term open access schedules accepted by the Nodal
Agency in advance or day-ahead basis may be cancelled or
revised downwards on an application to that effect made to
the Nodal Agency by the short-term open access customer :
Provided that such cancellation or downward revision of the
short-term open access schedules shall not be effective before
expiry of a minimum period of two (2) days : Provided further
that the day on which notice for cancellation or downward
revision of schedule is served on the Nodal Agency and the
day from which such cancellation or downward revision is to
be implemented, shall be excluded for computing the period of
two (2) days.
(b) The person seeking cancellation or downward revision of short-
term open access schedule shall pay the open access charges
for the first two (2) days of the period for which the cancellation
or downward revision of schedule, as the case may be, has
been sought, in accordance with the schedule originally
approved by the Nodal Agency, and thereafter in accordance
with the revised schedule prepared by the Nodal Agency during
the period of such cancellation or downward revision.
(c) In case of cancellation, scheduling and system operation
charges specified in Regulations 22 contained in Chapter 5
shall be payable for two (2) days or the period of cancellation
in days, whichever is less.
No. 17-2] The J&K Govt. Gazette, 24th July, 2015/2nd Asad., 1937. 65 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
56. Computation of capacity availability for open access.–– (1) The capacity available for the open access shall be computed for each
transmission segment and for every sub-station by the STU following the
methodology given below :––
(a) Available open access capacity of a transmission system
segment : = (DC-SD-AC)+NC where, DC=Designed
Capacity of the transmission segment in MW, SD = Sustained
Demand in MW recorded in the segment, AC = Already
allotted capacity, but not availed in MW and NC = New
Capacity in MW expected to be added ;
(b) Available open access capacity of a sub-station: = (TC-SP-
AC)+NC where, TC= Transformer capacity of the sub-station
in MVA, SP= Sub-station peak in MVA, AC= Already allotted
capacity but not availed in MVA and New transformer capacity
in MVA expected to be added ;
(c) The STU shall update these values on monthly basis on the
first calendar day of the month and publish it in their website.
(2) The appropriate distribution licensee shall determine the available
capacity for allotment for the portion of the distribution system over which
open access has been requested for.
57. Curtailment priority.––When, because of constraints or
otherwise, it becomes necessary to curtail the open access service of the
customers, subject to the requirements of State Grid Code, the open access
to a distribution licensee shall be the last to be curtailed. Among others,
short-term open access customers shall be curtailed first, followed by the
medium-term open access customers followed by long-term open access
customers. SLDC shall frame guidelines for curtailment of open access
customers.
58. Powers to remove difficulties.––If any difficulty arises in giving
effect to any of the provisions of these regulations, the Commission may by
general or special order, direct the State Transmission Utility, State Load 66 The J&K Govt. Gazette, 24th July, 2015/2nd Asad., 1937. [No. 17-2 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
Dispatch Centre, Intra-State licensees and the open access customer,
to take such action, as may appear to the Commission to be necessary or expedient for the purpose of removing difficulties.
59. Repeal and Savings.––(1) Save as otherwise provided in these regulations, the J&K State Electricity Regulatory Commission (Terms and Conditions for Open Access in Intra-State Transmission and Distribution) Regulations, 2006, shall stand repealed from the date of commencement of these regulations.
(2) Notwithstanding such repeal, anything done or purported to have been done under the repealed regulations shall be deemed to have been done or purported to have been done under these regulations.
(3) Open access customers to the Intra-State transmission system and the distribution system in the State on the date of coming into force of these regulations under an existing agreement/contract shall be entitled to continue to avail such access to the transmission and distribution system. However, the terms and conditions, as stipulated under these Regulations shall be applicable from one month after the notification of these Regulations.
By order of the Commission.
(Sd.) ..........................
Secretary, Jammu and Kashmir State Electricity Regulatory Commission.
–––––––
No. 17-2] The J&K Govt. Gazette, 24th July, 2015/2nd Asad., 1937. 67 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
68 The J&K Govt. Gazette, 24th July, 2015/2nd Asad., 1937. [No. 17-2 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
No. 17-2] The J&K Govt. Gazette, 24th July, 2015/2nd Asad., 1937. 69 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
70 The J&K Govt. Gazette, 24th July, 2015/2nd Asad., 1937. [No. 17-2 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
No. 17-2] The J&K Govt. Gazette, 24th July, 2015/2nd Asad., 1937. 71 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
––––––
72 The J&K Govt. Gazette, 24th July, 2015/2nd Asad., 1937. [No. 17-2 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
No. 17-2] The J&K Govt. Gazette, 24th July, 2015/2nd Asad., 1937. 73 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
74 The J&K Govt. Gazette, 24th July, 2015/2nd Asad., 1937. [No. 17-2 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
EXTRAORDINARY REGD. NO. JK—33 THE JAMMU & KASHMIR GOVERNMENT GAZETTE
Vol. 128] Srinagar, Tue., the 4th Aug., 2015/13th Srav., 1937. [No. 18-1
Separate paging is given to this part in order that it may be filed as a separate compilation.
PART II––B
Notifications, Notices and Orders by Heads of Departments.
———–
GOVERNMENT OF JAMMU AND KASHMIR,
INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT, J&K,
SRINAGAR.
File No. 102/L. C.
Date of Institution : 24-03-2008.
Date of Award : 15-05-2015.
––––––
Mushtaq Ahmad and Ors.
Petitioner
Versus
Jai Parkash Industries Ltd., Chander Kote, Jammu.
Respondent
_______
2 The J&K Govt. Gazette, 4th Aug., 2015/13th Srav., 1937. [No. 18-1 ––––––––––––––––––––––––––––––––––––––––––––––—–––————— AWARD
1. Section 10 of the Industrial Disputes Act (herein referred to as
Act). Envisages that where the appropriate Government is of the opinion
that any industrial dispute exists or apprehended, it may at any time in
writing referred to the dispute or any matter appearing to be connected
with or relevant to the dispute to the Industrial Tribunal or the Labour
Court for adjudication.
2. The authority identified by the State Government under the Act
while having sufficient compliance with the provision of Act has made a
reference to this tribunal vide SRO No. 53 on dated 3rd of March, 2008 for
adjudication and passing an appropriate order. The reference made by the
Government broadly and pointedly after having proper consideration by the
Reconciliation Officer. The Government is of the opinion that industrial
dispute exists between Mushtaq Ahmad, Mohd. Shabir and Nasir Din V/s.
Jai Parkash Industries Ltd., Chander Kote. So in exercise of powers
conferred by clause (C) of sub-section (1) of the section 10 of Industrial
Disputes Act, 1947. The Government referred this dispute for adjudication
on the following issues :––
1. Whether the termination of services of above name workmen
is legally justified ?
2. If not, what relief, they are entitled ?
3. Fundamentally and primarily reference which made by the authority
to this tribunal is based on report submitted by the Conciliation Officer. As
per report cognizance of the case under reference was taken under Industrial
Disputes Act and as per reply of the management, the demand notice of
the union has been already fulfill and peitioners were the active member of
the union as there was a conflict between two union and they are representing
one and creating a trouble in smooth functioning of the work. So management
has abandoned their job due to their internal union conflict. So due to stiff
attitude of the management matter could not resolved in conciliation.
No. 18-1] The J&K Govt. Gazette, 4th Aug., 2015/13th Srav., 1937. 3 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––——— 4. On receiving the reference this tribunal has issued the notice to
the respondent also. But they did not appear and ultimately on 04-12-2008
ex parte is initiated against respondent and petitioner was directed to lead
the ex parte evidence. Later on respondent appear and on their application
ex parte order has been set aside on 06-07-2011. But again they remain
absent. Resultantly again ex parte is initiated against them. Petitioners
have also adduced evidence in support of their claim.
5. Brief resume of the petitioner evidence is hereby reproduced for
just decision of the matter.
6. Petitioner Mushtaq Ahmad appeared as witness of his own claim
and stated that he was working as labourer with J. P. Industries from
October, 2004 as helper to telephone operator. This is an electricity project
at Chander Kote J. P. Industries is a constructing agency. From October,
2004 he was getting salary along with allowance amounting to Rs. 4500/-
per month. There was a labour union in the name of Chenab Hydro Power
Project Workers Union. Management is not allowing them to become a
member of the trade union under Trade Union Act. Petitioners refuse to
submit the resignation from membership of the union. In the month of August,
2005 they have been terminated by the management without any inquiry or
any notice neither they have any clear their account as per law. So they
move an application before the Labour Court.
7. Petitioner Nasir Din also appeared as witness and stated that he
was working with J. P. Industries in Baglihar Project as driver. So he was
skill worker having a driving license. He was getting about Rs. 8000/-
including allowances. He has joined the duty in January, 2003. He was
member of the Chenab Hydro Power Project Workers Union which is
registered under Trade Union Act. Management has directed them not to
join the union which is their legal right. On this he has been terminated by
the management in August, 2005 without giving any notice or conducting
any inquiry.
8. Petitioner Mohd. Shabir appeared as witness and stated that he
was appointed as driver in J. P. Industries in March, 2004 at Baglihar 4 The J&K Govt. Gazette, 4th Aug., 2015/13th Srav., 1937. [No. 18-1 ––––––––––––––––––––––––––––––––––––––––––––––—–––————— Project. He was getting Rs. 4500/- per month. He was also terminated
along with other petitioner on account of membership of the union without
giving any notice or conducting any inquiry. He has not been paid any
compensation on the termination.
9. P. W. Abdul Ghani stated that he has been engaged as electrician
from the year 2001 to 2008 in the project. He knows the application No. 2
and 3 both of them work with him in the project. They have been engaged
as driver from the year 2003 to 2005. They are very good and disciplined
worker there were no complaint against them. When worker have joined
trade union, management was not happy with their association with the
trade union. Thereafter respondent all of sudden without any notice
terminated them.
10. P. W. Gulzar Mohd stated on an affidavit that he has worked
with J. P. Industries from 1998 to 2008, where these petitioners were also
posted as driver-worker at dam site company had some misunderstanding
with the petitioners on the point that why they have associated themselves
with the trade union of worker. Company has pressurized a many time to
leave their association with the union. Management ultimately terminated
them without giving any notice.
11. P. W. Bashir Ahmad stated on an affidavit duly sworn in that he
has also work in the J. P. Industries as helper with the driver from the year
2005 to 2008 at that time petitioner were also working as driver-worker at
dam site Baglihar Electrical Project, Chander Kote. There was
misunderstanding between petitioner and the management on the point that
they should left the association with the trade union. Petitioner refused to
leave the membership of the trade union due to this they have been terminated
from the job without any notice.
12. This is whole sum and substance of petitioners evidence in
ex parte.
13. I have thoughtfully considered the arguments advance by the
representative of the petitioner and had minute study and appreciation of
the evidence both oral as well as documentary available on file.
No. 18-1] The J&K Govt. Gazette, 4th Aug., 2015/13th Srav., 1937. 5 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––——— 14. This court has to return the finding within the circumscribed
limits of the term of reference identified by the competent authority appointed
by Government we are not supposed and expected to travel beyond the
term set up for adjudication. What is required to be settled precisely is to be
finding out legality or otherwise action of the respondent management in
this case. In case where the action as taken up by respondent in termination
the services of the petitioners is illegal, assuming for the sake of arguments.
Then it is to be seen what appropriate relief can be given to the petitioner
on account of such illegal action.
15. Briefly petitioners were employee of the J. P. Industries which
definitely covered under section 2 (S) of the Industrial Disputes Act, 1947.
Because respondent have admitted before Conciliation Officer as per report
that these three workers were terminated due to their involvement in one
of the union and there was an internal union conflicts. So it is clear that
they are employees of the company. Respondents were duly summoned
but earlier they did not appeared and contest the reference in this tribunal.
However, respondents appear through their counsel Sudershan Kumar and
associate and file an application for setting aside ex parte order on
14-06-2011. The same application was allowed and this tribunal directed
them to file their objections. But later on they again remained absent. So
ex parte has been initiated against them.
16. Petitioners have claimed in this tribunal that management of Jai
Prakash Industries is main contractor of NHPC for construction of Baglihar
Hydro Project at Chander Kote. They have engaged petitioner No. 1 namely
Mushtaq Ahmad as helper of the telephone operator. Whereas Nasir Din
and Shabir Ahmed as driver in the project. In 2003/2004 they work hard as
per the discipline and norms of the company time to time and are well
trained as per requirement of the job. Petitioners has taken the membership
of the trade union, respondents objected their association of union and on
this score they have been terminated from their job without conducting any
inquiry or any notice of termination. Petitioner No. 1 was getting salary
Rs. 2870/- per month and other two petitioner was getting salary 6 The J&K Govt. Gazette, 4th Aug., 2015/13th Srav., 1937. [No. 18-1 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
Rs. 4050/- per month. So, finally prayed for issue of an award for
reinstatement with back wages.
17. In terms of evidence on record adduced by the petitioners, it is
abundantly clear that petitioner and witnesses have deposed with one voice
that petitioners were terminated verbally and they have stopped from entering
into the project by the management from 11-09-2005 because they have
taken the membership of a union. Respondent have not contested herein,
though they appeared before the Conciliation Officer and submitted that
these three individuals are the followers of the Union President viz.
Shri Sajad Ahmed and they have abandoned their job due to their internal
conflict. There is nothing on record which shows that respondents have
issued any notice with regard to their termination or they have conducted
any inquiry in the conflict/dispute. They have not been charge-sheeted also
which is clearly against the provision of the I. D. Act. Though it
has been come in the evidence that petitioners have joined the trade union,
so they have been terminated. Anyhow workers right to join the union
is a constitutional right of a worker and objection of the management to
restrained the applicants to join the union attracted unfair labour practice
under section 2 (r-a) and clause-1 of the Schedule Vth of the
I. D. Act, 1947. Workers have completed 240 days in a calendar year
continuously. So they are conferred with the right of workmen. Therefore,
respondent were under obligations to observe the mandate laid down under
Industrial Disputes Act.
18. So it is clearly established that petitioners have been terminated
by the employer without giving a proper chance of hearing and without
conducting inquiry. It is also established that petitioners have been terminated
on the ground that they have taken the membership of trade union which is
their legal right. Termination without any notice or inquiry is not a legally
justified termination.
19. In view of the above the termination of the petitioners by the
respondent management is illegal, invalid, unwarranted and uncalled for
and against the principle of natural justice. Therefore, the termination of No. 18-1] The J&K Govt. Gazette, 4th Aug., 2015/13th Srav., 1937. 7 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
the petitioners by the respondent managements hereby set aside and
respondents are directed to reinstate the petitioners forthwith. Admittedly
petitioners have rendered services for more than 240 days in a calendar
year as required and if workmen have joined any trade union it is not against
the provision of the Act and they cannot be terminated on this point.
Respondents have not contested the case at all. So there is no evidence
which show that petitioners were working with some other agencies during
the pendency of the petition. Even petitioners have also not averred anything
about their unemployment.
20. So far as back wages in question is concerned, I realized that
admittedly there is no evidence on the file which shows that during the
pendency petitioners remain unemployed or not. Other side was in ex parte
petitioners have not adduced any evidence on this point. It is well settled
and it is necessary to consider the facts and circumstances of each case
before granting back wages. On this point I relied on judgement of Hon'ble
Bombay High Court 2012 LLR page 1034 relevant para 11 which is
reproduced as under :––
"Admittedly, as recorded above, petitioner is disabled and project
affected person. In the complaint, though very averments are
made i. e. he is unable to earn and run the family and also no one
else working in any Government Department and therefore, family
were suffering because of the poor condition and he has no source
of income, yet these averments have never been challenged and/
or remained unchallenged, are sufficient to defend the submission
made by the Learned Counsel appearing for the petitioner that
there was no evidence or material placed on record that he was
without job and was not earning anything during this period. These
averments as are not denied, the observation that the burden lies
upon the respondent to prove the same is not correct. I am,
therefore, inclined to accept the averments made that he was not
earning during this period, as he was out of job during this period.
It is well settled and it is necessary to consider the facts and
circumstances of each case before granting back wages a case is
made out to modify the order and direct the petitioner to pay 50% 8 The J&K Govt. Gazette, 4th Aug., 2015/13th Srav., 1937. [No. 18-1 ––––––––––––––––––––––––––––––––––––––––––––––—–––————— back wages. I am inclined duce 50% also for the reasons that
admittedly, the respondent never rendered services during this
period with the petitioner. The reduction to 50% back wages in
my opinion is proper and reasonable compensation.
21. This is case where petitioners have been terminated illegally in
the year 2005 and matter is long pending petitioners have not work with the
J. P. Industries. There is no evidence which shows that they have works
somewhere else also. Keeping in mind facts and circumstances of the case
respondents is hereby directed to pay 50% of back wages from the date of
termination till reinstatement. Accordingly an award is passed in favour of
the petitioners and against the respondent management. Copy of the award
be sent to the Government of J&K through its Commissioner/Secretary,
Labour Department for information and for publication in the Government
Gazette.
Announced :
15-05-2015.
(Sd.) ZUBAIR AHMAD RAZA,
District and Sessions Judge
(Presiding Officer),
Industrial Tribunal-cum-Labour Court, J&K.
EXTRAORDINARY REGD. NO. JK—33 THE JAMMU & KASHMIR GOVERNMENT GAZETTE
Vol. 128] Srinagar, Tue., the 4th Aug., 2015/13th Srav., 1937. [No. 18-2
Separate paging is given to this part in order that it may be filed as a separate compilation.
PART II––B
Notifications, Notices and Orders by Heads of Departments.
———–
GOVERNMENT OF JAMMU AND KASHMIR,
INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,
SRINAGAR, JAMMU.
File No. 268/ITLC.
Date of Institution : 16-09-2013.
Date of Award : 04-06-2015.
––––––
Om Parkash S/o Shripat Versus Project Manager, IHDP, R/o Tandar, Tehsil Chenani Udhampur and District Udhampur.
In the Master of :—Application under section 33 C (2) of Industrial
Disputes Act, 1947.
_______
2 The J&K Govt. Gazette, 4th Aug., 2015/13th Srav., 1937. [No. 18-2 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
AWARD
1. This is an application preferred by the petitioner under
section 33 C (2) of Industrial Disputes Act, on the ground that he was
working jobber in the Handlooms Corporation in Sewana C. F. C., Chenani
under the Project Manager, I. H. D. P., Udhampur, This tribunal has been
pleased to passed an award dated 22-03-2013 on a reference made by the
Government of J&K vide SRO-437 dated 30-11-2010 in favour of the
petitioner against the respondent. Copy of award annexed with the file. So
petitioner entitled to received from the respondent the said money/benefit
as per award and accordingly petitioners have prepared a statement of the
all benefits for which he is entitled. Total amount calculated by the petitioner
is Rs. 10,62,776/- and finally prayed for computing amount in money and to
determined the amount due to the petitioner and same be recovered by the
respondent and paid to the petitioner.
2. On the presentation of this application notice has been issued to
other side. Respondent appeared through their counsel and file their
objections. In objection respondent has alleged that petitioner is not a
permanent employee of non-applicant so question of calculation of salary
and other benefit could not be calculated. Until and unless employees first
regularized in service and thereafter Board of Director may later such
decision of further course of action. Respondent have denied about the
knowledge of award because same has been passed in ex parte.
3. I have heard Ld. Counsel for both sides and also perused the file.
Petitioner's seek the computation of an award which has been already
passed by this tribunal vide its order dated 22-03-2013 against the respondent.
By virtue of the award petitioner held to be entitled for full back wages
w. e. f. July, 1992 to ending February, 1997 and till his retirement age
i. e. 31-03-2009 along with all other benefits of retirement, As the same is
awarded in favour of the petitioner. In this application petitioner has alleged
that he is entitled to receive an amount of Rs. 10,62,776/- as salary from
1992 to March, 2009, gratuity, leave salary, C. P. Fund along with interest.
No. 18-2] The J&K Govt. Gazette, 4th Aug., 2015/13th Srav., 1937. 3 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
Whereas other side has not respondent properly against the contention of
petitioner but as per them applicant was not a permanent employee of the
respondent so the question of calculation of salary could not arises. As per
them first of all his service is to be regularized after that question of benefits
comes into play.
4. Final award has been already passed by this tribunal in which it
has been held that petitioner is entitled all the benefits because termination
of the services of the petitioner by the respondent has been held illegal, so
order is quashed. As per petitioner's counsel, petitioners junior have been
regularized as permanent employee so he is also entitled as per service
rules. But under section 33 C (2) this court has compute in money which is
due to a workman from an employer under a settlement a or an award.
Which is reproduced as under—
"(2) Where any workman is entitled to receive from the employer
any money or any benefit which is capable of being computed in
terms of money and if any question arises as to the amount of money
due or as to the amount at which such benefit should be computed,
then the question may, subject to any rules that may be made under
this Act, be decided by such Labour Court as may be specified in this
behalf by the appropriate Government".
5. So in view of above, at this stage this court cannot go into depth of
matter but only compute the money is due from the employer to the petitioner.
Petitioner has given in detail of total amount which has not objected by
other side, but petitioner has wrongly shown some amount of C. P. Fund
which has not been deposited by him in his account so he is not entitled for
such amount. As per award petitioner is entitled for salary from July, 1992
to March, 2009. I have considered the detail given by petitioner and total
salary amount come to Rs. 7,89,404/- whereas gratuity amount came to
Rs. 62,827/- and leave salary as shown by petitioner is Rs. 37,994/- so total
amount of all benefits as per the award is Rs. 8,90,225/-. As such the
respondent is hereby directed to pay the above-mentioned amount to the
employee within three month from today failing which petitioner shall also 4 The J&K Govt. Gazette, 4th Aug., 2015/13th Srav., 1937. [No. 18-2 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
be entitled to interest on the awarded amount @ 9% per annum till final
realization of the wages. A copy of the award be sent to appropriate Govt.
for necessary action under law. File shall go to record after its due
completion.
Announced :
04-06-2015.
(Sd.) ZABAIR AHMAD RAZA,
District and Sessions Judge
(Presiding Officer),
Industrial Tribunal-cum-Labour Court,
J&K, Jammu.
EXTRAORDINARY REGD. NO. JK—33 THE JAMMU & KASHMIR GOVERNMENT GAZETTE
Vol. 128] Srinagar, Tue., the 4th Aug., 2015/13th Srav., 1937. [No. 18-3
Separate paging is given to this part in order that it may be filed as a separate compilation.
PART II––B
Notifications, Notices and Orders by Heads of Departments.
———–
GOVERNMENT OF JAMMU AND KASHMIR,
INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,
SRINAGAR/JAMMU.
File No. 77/LC.
Date of Institution : 14-09-2007.
Date of Award : 17-04-2015.
––––––
President/General Secretary, Hindustan Coca Cola Bev. Pvt. Ltd., Worker Union, Gangyal, Jammu, C/o B. M. S. Office, Parade, Jammu.
Versus
Area General Manager, Hindustan Coca Cola Bev. Pvt. Ltd., 47-50, Gangyal, Jammu.
_______
2 The J&K Govt. Gazette, 4th Aug., 2015/13th Srav., 1937. [No. 18-3 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
AWARD
As per SRO-253 dated 11th July, 2007 Government of J&K has
made a reference to this tribunal for adjudication on point of reference. On
receiving the reference this tribunal has issued notices to both side and both
side appeared and they have filed their claim and counter objection in the
reference now the file was fixed for the evidence of the petitioner but on
last date of hearing i. e. 16-04-2015. Authorized Representative of petitioner
has made a request in open court that all the demand of the workers as
mentioned in the terms of reference have been already fulfilled. So he
don't want to persue the case anymore. As such he wants to withdraw
from the reference. Otherside has also stated same version in open court.
AR for petitioner was directed to think over the matter properly and then
moved proper application after consulting the claimant.
Today Sh. Laxman Ravinder Singh has preferred an application for
withdrawal from the point of reference as demands which have mentioned
in their petition before the Conciliation Officer and in reference before this
tribunal have been fulfilled. As such he has given application in writing and
in support of his application statement has been also recorded it becomes
part of the main file. AR for respondent also present he has also accepted
that there is no dispute remaining between the parites so if case is consigned
to record company has no objection.
In view of the above this tribunal has come to the conclusion that as
per petitioners demand raised by the Worker Union of M/s. Hindustan
Coca Cola Beverage Pvt. Ltd. has been already fulfilled. So they have
moved an application for withdrawal of the point of reference. Case is
pending since a long and petitioner unable to bring any evidence up till now.
Petitioner is not interesting in pursuing the case. As such they have moved
application for withdrawal from the reference. I have considered the
application and satisfied that there is no need to proceed further in the No. 18-3] The J&K Govt. Gazette, 4th Aug., 2015/13th Srav., 1937. 3 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
matter. Parties are not interested in pursuing the reference. Accordingly
reference is hereby dismissed as withdrawn. The reference is accordingly
replied. A copy of this order be sent to Govt. of J&K through Commissioner/
Secretary, Labour Department for information.
Announced :
07-04-2015.
(Sd.) ZUBAIR AHMAD RAZA,
District and Sessions Judge
(Presiding Officer),
Industrial Tribunal-cum-Labour Court,
J&K, Jammu.
EXTRAORDINARY REGD. NO. JK—33 THE JAMMU & KASHMIR GOVERNMENT GAZETTE
Vol. 128] Srinagar, Wed., the 5th Aug., 2015/14th Srav., 1937. [No. 18-4
Separate paging is given to this part in order that it may be filed as a separate compilation.
PART II––B
Notifications, Notices and Orders by Heads of Departments.
———–
JAMMU AND KASHMIR STATE ELECTRICITY REGULATORY COMMISSION, SRINAGAR.
Notification No. 44-JKSERC of 2015
Dated 05-08-2015.
In exercise of powers conferred under section 138 read with sections 60 and 71 (1) (e) of Jammu and Kashmir Electricity Act, 2010 and in terms of Regulation 19 of JKSERC (Renewable Power Purchase Obligation, its Compliance and REC Framework Implementation) Regulations, 2011 and all other powers enabling it in this behalf, the Jammu and Kashmir State Electricity Regulatory Commission hereby revises the 2 The J&K Govt. Gazette, 5th Aug., 2015/14th Srav., 1937. [No. 18-4 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
Renewable Power Purchase Obligation (RPO) targets for the FYs 2015-16 and 2016-17 and specifies the RPO targets for FY 2017-18 onwards up to FY 2021-22 Accordingly :––
1. The table under Regulation 7.1 of JKSERC (Renewable Power Purchase Obligation, its Compliance and REC Framework Implementation) Regulations, 2011 under the caption "Renewable Purchase Obligation (RPO) Target" shall be replaced by the following table :––
Year Minimum quantum of purchase (in %)
from renewable energy sources (in terms of energy equivalent in kWh)
––––––––––––––––––––––––––––––––––––––––––––––––––––––
Solar Non-Solar Total
(other RE)
––––––––––––––––––––––––––––––––––––––––––––––––––––––
2010-11 0.02 0.98 1.00
2011-12 0.10 2.90 3.00
2012-13 0.25 4.75 5.00
2013-14 0.25 4.75 5.00
2014-15 0.75 5.25 6.00
2015-16 0.75 5.75 6.50
2016-17 1.00 6.50 7.50
2017-18 1.25 7.25 8.50
2018-19 1.50 8.00 9.50
2019-20 1.75 8.75 10.50
2020-21 2.00 9.50 11.50
2021-22 3.00 9.50 12.50
No. 18-4] The J&K Govt. Gazette, 5th Aug., 2015/14th Srav., 1937. 3 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––——— 2. In Regulation 6.1 under caption "Operating Period" of JKSERC (Renewable Power Purchase Obligation, its Compliance and REC Framework Implementation) Regulations, 2011 the words "valid till March 31, 2016 (i. e. up to the financial year 2015-16)" shall and shall always be deemed to have been substituted by the words "valid till March 31, 2022 (i. e. up to the financial year 2021-22)".
By order of the Commission.
(Sd.) ABDUL HAMID, KAS,
Secretary, J&K State Electricity Regulatory Commission, Srinagar.