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 11-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 .... | 404-418 457-470 79-80 531-544 155-156 | 157-160 |
Printed at the Ranbir Government Press, Jammu.
404 The J&K Govt. Gazette, 5th Jan., 2017/15th Pausa., 1938. [No. 40 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————
PART I-A
Jammu & Kashmir Government–Orders
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HIGH COURT OF JAMMU AND KASHMIR AT SIRNAGAR.
Notification
No. 362 Dated 06-06-2016
It is hereby notified that vide High Court order dated................. Mr. Abdul Rouf Paray S/o Mr. Nazir Ahmad Paray R/o Village Nuner, Tehsil Khan Sahib, District Budgam has been admitted and enrolled as an Advocate on the Roll of Jammu and Kashmir Bar Council provisionally for a period of one year from the date of issuance of this notification, subject to the verification of his provisional/LL.B Degree Certificate and verification of his character and antecedent from the concerned agency. His name has been entered under Serial No. JK-277/2016 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.
By order.
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Notification
No. 363 Dated 06-06-2016
It is hereby notified that vide High Court order dated................. Ms. Bazila Bashir D/o Mr. Bashir Ahmad Bhat R/o Eid Gah Colony, Nowgam Chowk, Srinagar has been admitted and enrolled as an Advocate on the Roll of Jammu and Kashmir Bar Council provisionally for a period of one year from the date of issuance of this notification, subject to the verification of her provisional/LL.B Degree Certificate and verification of her character and antecedent from the concerned agency. Her name has been entered under Serial No. JK-278/2016 in the Roll of Advocates maintained by this Registry.
No. 40 ] The J&K Govt. Gazette, 5th Jan., 2017/15th Pausa., 1938. 405 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––——— 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.
By order.
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Notification
No. 364 Dated 06-06-2016
It is hereby notified that vide High Court order dated................. Mr. Danish Hussain Khan S/o Mr. Ashaq Hussain Khan R/o Chak-i-Wangund (Qazigund), Khan Mohalla, Tehsil Doru, District Anantnag has been admitted and enrolled as an Advocate on the Roll of Jammu and Kashmir Bar Council provisionally for a period of one year from the date of issuance of this notification, subject to the verification of his provisional/ LL.B Degree Certificate and verification of his character and antecedent from the concerned agency. His name has been entered under Serial No. JK-279/2016 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.
By order.
––––––––
Notification
No. 365 Dated 06-06-2016
It is hereby notified that vide High Court order dated................. Mr. Sajad Mohi-ud-Din S/o Mr. Gh. Mohi-ud-Din War R/o Zaloora, Dardpora, Mukhdum Pora, Tehsil Zaingair/Sopore, District Baramulla has been admitted and enrolled as an Advocate on the Roll of Jammu and Kashmir Bar Council provisionally for a period of one year from the date of issuance of this notification, subject to the verification of his provisional/ LL.B Degree Certificate and verification of his character and antecedent from the concerned agency. His name has been entered under Serial No. JK-281/2016 in the Roll of Advocates maintained by this Registry.
406 The J&K Govt. Gazette, 5th Jan., 2017/15th Pausa., 1938. [No. 40 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————
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.
By order.
––––––––
Notification
No. 372 Dated 15-06-2016.
Provisional admission granted under Advocates Act, 1961 in favour of Mr. Surinder Gupta S/o Mr. Mohan Lal Gupta R/o Ward No. 37, Janipur Colony, Opp. Devak Community Hall, Janipur, Jammu vide Notification No. 920 dated 23-12-2014 for a period of one year has been extended till 15-12-2016 subject to the verification of Certificates/Degrees.
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.
By order.
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Notification
No. 387 Dated 15-06-2016.
Provisional admission granted under Advocates Act, 1961 in favour of Mr. Abhinandan Kotwal S/o Mr. B. K. Kotwal R/o 3, Karan Nagar, Lane 2, Opp. Vridh Ashram, Karan Nagar, Jammu vide Notification No. 542 dated 13-10-2014 for a period of one year has been extended till 13-12-2016 subject to the verification of Certificates/Degrees.
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.
By order.
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No. 40 ] The J&K Govt. Gazette, 5th Jan., 2017/15th Pausa., 1938. 407 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––———
Notification
No. 388 Dated 15-06-2016.
Provisional admission granted under Advocates Act, 1961 in favour of Ms. Sayed Tabisha Andrabi D/o Sayed Mohammad Arif Andrabi R/o H. No. 621, Govt. Housing Colony, Bagi Mehtab, Srinagar vide Notification No. 1351 dated 30-03-2015 for a period of one year has been extended till 23-03-2017 subject to the verification of Certificates/Degrees.
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.
By order.
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Notification
No. 389 Dated 15-06-2016.
Provisional admission granted under Advocates Act, 1961 in favour of Mr./Ms. Ishrat Maqbool S/o/D/o Mr. Mohammad Maqbool R/o Wathora, Chadoora, Budgam, Shah Mohalla vide Notification No. 1146 dated 23-02-2015 for a period of one year has been extended till 20-02-2017 subject to the verification of Certificates/Degrees.
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.
By order.
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Notification
No. 390 Dated 15-06-2016.
Provisional admission granted under Advocates Act, 1961 in favour of Mr. Paramjit Singh S/o Mr. Kala Ram R/o Village Gandha, P/O Miran Sahib, Tehsil R. S. Pura, District Jammu vide Notification No. 356 dated 408 The J&K Govt. Gazette, 5th Jan., 2017/15th Pausa., 1938. [No. 40 ––––––––––––––––––––––––––––––––––––––––––––––––—–––———— 14-07-2014 for a period of one year has been extended till 07-12-2016 subject to the verification of Certificates/Degrees.
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.
By order.
––––––––
Notification
No. 391 Dated 15-06-2016.
Provisional admission granted under Advocates Act, 1961 in favour of Mr. Ankush Sharma S/o Mr. Hari Krishan R/o Gran, Ward No. 7, Tehsil and District Reasi vide Notification No. 1144 dated 23-02-2015 for a period of one year has been extended till 20-02-2017 subject to the verification of Certificates/Degrees.
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.
By order.
––––––––
Notification
No. 392 Dated 15-06-2016.
Provisional admission granted under Advocates Act, 1961 in favour of Mr. Urfan Mirza S/o Mr. Ajmal Hussain R/o Badhoon, Rajouri vide Notification No. 893 dated 22-12-2014 for a period of one year has been extended till 15-12-2016 subject to the verification of Certificates/Degrees.
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.
By order.
––––––––
No. 40 ] The J&K Govt. Gazette, 5th Jan., 2017/15th Pausa., 1938. 409 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––———
Notification
No. 393 Dated 15-06-2016.
Provisional admission granted under Advocates Act, 1961 in favour of Mr. Vijay Kumar S/o Mr. Jameeta Ram R/o Village Hahtaryan, No. 2, Udhampur vide Notification No. 509 dated 13-10-2014 for a period of one year has been extended till 13-12-2016 subject to the verification of Certificates/Degrees.
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.
By order.
––––––––
Notification
No. 394 Dated 15-06-2016.
Provisional admission granted under Advocates Act, 1961 in favour of Mr. Rub Nawaz S/o Mr. Mohd Ayoub Khan R/o Sakhi Maidan, Mendhar, Poonch vide Notification No. 888 dated 22-12-2014 for a period of one year has been extended till 15-12-2016 subject to the verification of Certificates/Degrees.
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.
By order.
––––––––
Notification
No. 395 Dated 15-06-2016.
Provisional admission granted under Advocates Act, 1961 in favour of Ms. Humaira Amin D/o Mr. Mohammad Amin Bhat R/o Malik Angan, Namchibal, Fateh Kadal, Tehsil Khas, District Srinagar vide Notification No. 865 dated 19-12-2014 for a period of one year has been extended till 15-12-2016 subject to the verification of Certificates/Degrees.
410 The J&K Govt. Gazette, 5th Jan., 2017/15th Pausa., 1938. [No. 40 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————
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.
By order.
––––––––
Notification
No. 396 Dated 15-06-2016.
Provisional admission granted under Advocates Act, 1961 in favour of Mr. Mohd Shanawaz Jaral S/o Mr. Shan Mohd Jaral R/o Kari, Tehsil Kotranka, District Rajouri vide Notification No. 557 dated 15-10-2014 for a period of one year has been extended till 03-12-2016 subject to the verification of Certificates/Degrees.
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.
By order.
––––––––
Notification
No. 397 Dated 15-06-2016.
Provisional admission granted under Advocates Act, 1961 in favour of Mr. Mahmud Ahmed S/o Mr. Mumtaz Ahmed R/o Dhandal, Gurmul, Doda vide Notification No. 891 dated 22-12-2014 for a period of one year has been extended till 15-12-2016 subject to the verification of Certificates/ Degrees.
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.
By order.
––––––––
Notification
No. 398 Dated 15-06-2016.
Provisional admission granted under Advocates Act, 1961 in favour of Mr. Showkat Ahmed Bhat S/o Mr. Gh. Hassan Bhat R/o Hardu No. 40 ] The J&K Govt. Gazette, 5th Jan., 2017/15th Pausa., 1938. 411 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––———
Kathal, Sofipora, Wullarhama, Pahalgam, District Anantnag vide Notification No. 1116 dated 21-02-2015 for a period of one year has been extended till 20-02-2017 subject to the verification of Certificates/Degrees.
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.
By order.
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Notification
No. 404 Dated 15-06-2016.
Provisional admission granted under Advocates Act, 1961 in favour of Ms. Ezee Salgotra D/o Mr. Des Raj Salgotra R/o House No. 57, South Ext. Sector-7, Channi Himmat, Jammu vide Notification No. 1127 dated 21-02-2015 for a period of one year has been extended till 20-02-2017 subject to the verification of Certificates/Degrees.
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.
By order.
––––––––
Notification
No. 405 Dated 15-06-2016.
Provisional admission granted under Advocates Act, 1961 in favour of Mr. Anikate Anand S/o Mr. Ashok Kumar Anand R/o Ward No. 8, Khonnar, Tehsil Haveli, District Poonch vide Notification No. 844 dated 08-01-2014 for a period of one year has been extended till 08-01-2017 subject to the verification of Certificates/Degrees.
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.
By order.
––––––––
412 The J&K Govt. Gazette, 5th Jan., 2017/15th Pausa., 1938. [No. 40 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————
Notification
No. 406 Dated 15-06-2016.
Provisional admission granted under Advocates Act, 1961 in favour of Mr. Rahul Thakyal S/o Mr. Jashwant Kumar R/o Chak Bala, Rathana Camp, R. S. Pura, Jammu vide Notification No. 1179 dated 24-02-2015 for a period of one year has been extended till 20-02-2017 subject to the verification of Certificates/Degrees.
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.
By order.
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Notification
No. 407 Dated 15-06-2016.
Provisional admission granted under Advocates Act, 1961 in favour of Mr. Akhileshwar Jamwal S/o Mr. Ashok Jamwal R/o Birpur, Ram Natak Club, Bari Brahmana, District Samba vide Notification No. 689 dated 12-11-2014 for a period of one year has been extended till 28-10-2016 subject to the verification of Certificates/Degrees.
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.
By order.
––––––––
Notification
No. 408 Dated 15-06-2016.
Provisional admission granted under Advocates Act, 1961 in favour of Mr. Anil Kumar S/o Mr. Sat Pal R/o H. No. 632/5, Ashok Nagar, Satwari, Jammu vide Notification No. 733 dated 14-11-2014 for a period of one year has been extended till 28-10-2016 subject to the verification of Certificates/Degrees.
No. 40 ] The J&K Govt. Gazette, 5th Jan., 2017/15th Pausa., 1938. 413 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––———
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.
By order.
––––––––
Notification
No. 414 Dated 15-06-2016.
Provisional admission granted under Advocates Act, 1961 in favour of Mr. Rahul Manmar S/o Mr. Inderjeet R/o Village Badyala Chak, P/O Bomal, Tehsil Akhnoor, District Jammu vide Notification No. 1361 dated 30-03-2015 for a period of one year has been extended till 30-03-2017 subject to the verification of Certificates/Degrees.
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.
By order.
––––––––
Notification
No. 415 Dated 15-06-2016.
Provisional admission granted under Advocates Act, 1961 in favour of Mr. Aditya Chopra S/o Mr. Kewal Krishan Chopra R/o H. No. 139, Mohalla Afgan, Jammu vide Notification No. 503 dated 13-10-2014 for a period of one year has been extended till 13-06-2017 subject to the verification of Certificates/Degrees.
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.
By order.
––––––––
Notification
No. 416 Dated 15-06-2016.
Provisional admission granted under Advocates Act, 1961 in favour of Mr. Jagjit Singh S/o Mr. Harnam Singh R/o Ward No. 11, Hiranagar, 414 The J&K Govt. Gazette, 5th Jan., 2017/15th Pausa., 1938. [No. 40 ––––––––––––––––––––––––––––––––––––––––––––––––—–––———— Kathua vide Notification No. 1172 dated 24-02-2015 for a period of one year has been extended till 24-02-2017 subject to the verification of Certificates/Degrees.
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.
By order.
––––––––
Notification
No. 417 Dated 15-06-2016.
Provisional admission granted under Advocates Act, 1961 in favour of Mr. Mohd Rafiq S/o Mr. Ghulam Rasool Waza R/o Mohalla Jalal Sahib, District Baramulla vide Notification No. 319 dated 15-12-2005 for a period of one year has been extended till 15-05-2017 subject to the verification of Certificates/Degrees.
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.
By order.
––––––––
Notification
No. 418 Dated 15-06-2016.
Provisional admission granted under Advocates Act, 1961 in favour of Ms. Deepa Thakur D/o Mr. Suresh Singh Thakur R/o Batroo (Dhanmarta), Tehsil Banihal, District Ramban vide Notification No. 1123 dated 21-02-2015 for a period of one year has been extended till 21-02-2017 subject to the verification of Certificates/Degrees.
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.
By order.
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No. 40 ] The J&K Govt. Gazette, 5th Jan., 2017/15th Pausa., 1938. 415 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––———
Notification
No. 419 Dated 15-06-2016.
Provisional admission granted under Advocates Act, 1961 in favour of Ms. Neha Bhardwaj D/o Mr. Bishan Dass Sharma R/o Village and Post Office, Kote, Jammu vide Notification No. 676 dated 31-12-2012 for a period of one year has been extended till 31-05-2017 subject to the verification of Certificates/Degrees.
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.
By order.
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Notification
No. 420 Dated 15-06-2016.
Provisional admission granted under Advocates Act, 1961 in favour of Ms. Aprajita Bhagat D/o Mr. T. C. Bhagat R/o H. No. 918, Lane 6-A, Suraj Nagar, Talab Tilloo, Jammu vide Notification No. 1131 dated 23-02-2015 for a period of one year has been extended till 23-02-2017 subject to the verification of Certificates/Degrees.
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.
By order.
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Notification
No. 421 Dated 15-06-2016.
Provisional admission granted under Advocates Act, 1961 in favour of Ms. Madhu Bala Sharma D/o Mr. Yash Paul Sharma R/o Maira, P/O Jourian, Muthi, Tehsil Akhnoor, District Jammu vide Notification No. 1137 dated 23-02-2015 for a period of one year has been extended till 23-02-2017 subject to the verification of Certificates/Degrees.
416 The J&K Govt. Gazette, 5th Jan., 2017/15th Pausa., 1938. [No. 40 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————
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.
By order.
––––––––
Notification
No. 422 Dated 15-06-2016.
Provisional admission granted under Advocates Act, 1961 in favour of Mr. Sukhdev Singh S/o Mr. Badri Nath R/o Bhagthr, P/O Panthal, Tehsil and District Reasi vide Notification No. 09 dated 04-04-2013 for a period of one year has been extended till 04-04-2017 subject to the verification of Certificates/Degrees.
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.
By order.
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Notification
No. 423 Dated 15-06-2016.
Provisional admission granted under Advocates Act, 1961 in favour of Ms. Shaheena Ali D/o Mr. Ali Mohd Hajam R/o Madina Enclave, Near Madina Complex, Old Airport Road, Rawalpora, Srinagar vide Notification No. 480 dated 05-09-2013 for a period of one year has been extended till 15-06-2017 subject to the verification of Certificates/Degrees.
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.
By order.
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Notification
No. 424 Dated 16-06-2016.
Provisional admission granted under Advocates Act, 1961 in favour of Mr. Manjeet Partap Singh S/o Mr. Rattan Chand R/o Kahnoo, No. 40 ] The J&K Govt. Gazette, 5th Jan., 2017/15th Pausa., 1938. 417 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––———
P/O Nagrota, Tehsil Billawar, District Kathua vide Notification No. 1391 dated 30-03-2015 for a period of one year has been extended till 30-03- 2017 subject to the verification of Certificates/Degrees.
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.
By order.
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Notification
No. 425 Dated 16-06-2016.
Provisional admission granted under Advocates Act, 1961 in favour of Mr. Sadakat Ali S/o Mr. Shokat Ali R/o H. No. 413-A, Bharat Nagar, Rehari, Jammu vide Notification No. 419 dated 05-10-2010 for a period of one year has been extended till 05-02-2017 subject to the verification of Certificates/Degrees.
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.
By order.
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Notification
No. 426 Dated 16-06-2016.
Provisional admission granted under Advocates Act, 1961 in favour of Mr. Rohit Sharma S/o Mr. R. P. Sharma R/o House No. 83, Jain Bazar, Jammu vide Notification No. 1368 dated 30-03-2015 for a period of one year has been extended till 23-03-2017 subject to the verification of Certificates/Degrees.
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.
By order.
––––––––
418 The J&K Govt. Gazette, 5th Jan., 2017/15th Pausa., 1938. [No. 40 ––––––––––––––––––––––––––––––––––––––––––––––––—–––———— Notification
No. 427 Dated 16-06-2016.
Provisional admission granted under Advocates Act, 1961 in favour of Ms. Juhi Manhas D/o Mr. Balbir Singh R/o Khour, Ward No. 16, Akhnoor, Jammu vide Notification No. 1102 dated 19-03-2014 for a period of one year has been extended till 19-03-2017 subject to the verification of Certificates/Degrees.
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.
By order.
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Notification
No. 428 Dated 16-06-2016.
Provisional admission granted under Advocates Act, 1961 in favour of Mr. Dinesh Singh Thakur S/o Mr. Kartar Singh Thakur R/o House No. 57, Aghan Ballion, Reasi vide Notification No. 357 dated 14-07-2014 for a period of one year has been extended till 07-12-2016 subject to the verification of Certificates/Degrees.
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.
By order.
(Sd.) MOHAMMAD YASIN BEIGH,
Joint Registrar (Admn.).
THE
JAMMU AND KASHMIR GOVERNMENT GAZETTE
–––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 129] Jammu, Thu., the 5th Jan., 2017/15th Pausa., 1938. [No. 40 –––––––––––––––––––––––––––––––––––––––––––––––––––––– 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––Notification.
–––––––
GOVERNMENT OF JAMMU AND KASHMIR, CIVIL SECRETARIAT—REVENUE DEPARTMENT.
Notification No. 46-Rev (LAJ) of 2016
Dated 29-06-2016.
Whereas, the land, specifications whereof are given at Annexure "A" to this notification is required for public purpose viz. construction of road from Shajroo to Mullas at Village Shajroo, Tehsil Mahore, District Reasi under PMGSY Scheme Phase V ; and
Whereas, on the basis of an indent placed by Executive Engineer, PMGSY Div. Udhampur-II, Reasi, vide No. PMGSY/Udh-II/2007-08/ 1955 dated 08-12-2007 after completing all codal formalities, a 458 The J&K Govt. Gazette, 5th Jan., 2017/15th Pausa., 1938. [No. 40 –––––––––––––––––––––––––––––––––––––––––––––––––––––––– notification under section 4 (1) was issued by Collector, Land Acquisition (SDM), Mahore vide No. SDM/M/CLA/2015-16/63-68 dated 20-04-2015 for land measuring 92 Kanals-04 Marlas situated at Village Shajroo, Tehsil Mahore, District Reasi for public purpose viz. Construction of road from Shajroo to Mullas at Village Shajroo, Tehsil Mahore, District Reasi under PMGSY Scheme Phase V ; and
Whereas, the Collector Land Acquisition (SDM), Mahore vide No. SDM/M/15-16/80-81 dated 26-04-2015 reported that the notification issued by him under section 4 (1) of the J&K State Land Acquisition Act, was served upon the land owners/interested persons for filing objections, if any, to the proposed acquisition but the land owners/ interested persons have no objection provided they may be given compensation as per the market rates and Jubarana as admissible under the Act ; and
Whereas, the report furnished by Collector, Land Acquisition (SDM), Mahore vide letter referred to above, duly endorsed by the Deputy Commissioner, Reasi vide No. DC/RSI/15-16/3001-02/SQ dated 17-03-2016, Divisional Commissioner, Jammu vide No. 502/2603/ Acq/PMGSY/Shajroo/Rsi/16/3425-27 dated 30-03-2016 and Financial Commissioner (Revenue), J&K vide No. FC-LS/4470-A/2016 dated 10-05-2016, has been examined and it has been found that the land owners did not file any objection within the prescribed period to the proposed acquisition ; and
Whereas, the Government is satisfied that the land particulars whereof are given at Annexure "A" to this notification, is required purely for public purpose viz. construction of road from Shajroo to Mullas at Village Shajroo under PMGSY Scheme, Phase-V.
Now, therefore, in pursuance of section 6 of the J&K State Land Acquisition Act, Samvat, 1990, it is declared that land measuring 92 Kanals-04 Marlas situated at Village Shajroo, Tehsil Mahore, District Reasi for public purpose viz. Construction of road from Shajroo to Mullas at Village Shajroo under PMGSY Scheme, Phase-V, details whereof are mentioned at Annexure "A" to this Notification Further, No. 40] The J&K Govt. Gazette, 5th Jan., 2017/15th Pausa., 1938. 459 –––––––––––––––––––––––––––––––––––––––––––––––––––––––– the Collector, Land Acquisition (SDM), Mahore is directed under section 7 of the said Act to take order for acquisition of the said land after giving prescribed notice to the interested person(s) as required under the Land Acquisition Act/Rules.
However, the Collector concerned shall be personally responsible for identification and proper title verification of all types of land involved in the case and apportionment of compensation amongst all the intersted persons/rightful claimants in accordance with the relevant laws/rules in force, while making the award.
(Sd.) MUHAMMAD AFZAL, IAS,
Commissioner/Secretary to the Government, Revenue Department.
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Annexure "A" to Notification No. 46-Rev (LAJ) of 2016 Dated 29-06-2016.
Tehsil Village Khasra Nos. Area ––––––––––––––––––––––––––––––––––––––––––––––––––––– 1 2 3 4 –––––––––––––––––––––––––––––––––––––––––––––––––––––
K.–M.
Mahore Shajroo 581/525/430/357 04–10
581/525/430/357 02–19
581/525/430/357 06–09
581/525/430/357 06–19
581/525/430/357 02–17
581/525/430/357 01–19 460 The J&K Govt. Gazette, 5th Jan., 2017/15th Pausa., 1938. [No. 40 –––––––––––––––––––––––––––––––––––––––––––––––––––––––– 1 2 3 4 –––––––––––––––––––––––––––––––––––––––––––––––––––––
K.–M.
585/259 02–01
584/259 00–04
584/259 00–19
585/259 02–09
584/259 01–04
584/259 00–10
524/430/357 03–07
524/430/357 04–01
581/525/430/357 02–09
581/525/430/357 04–10
267 00–08
577/573/446/358 01–02
522/446/358 03–13
440/358 04–05
274 03–19
577/524/358 03–05
577/524/358 01–19
577/524/358 03–15
577/524/358 05–01 No. 40] The J&K Govt. Gazette, 5th Jan., 2017/15th Pausa., 1938. 461 –––––––––––––––––––––––––––––––––––––––––––––––––––––––– 1 2 3 4 –––––––––––––––––––––––––––––––––––––––––––––––––––––
K.–M.
835/577/524/358 02–00
577/523/446/358 02–15
577/523/446/358 01–19
431/358 02–01
781/358 02–13
781/358 06–01
–––––––
Total 92–04
–––––––
––––––––
GOVERNMENT OF JAMMU AND KASHMIR, CIVIL SECRETARIAT—REVENUE DEPARTMENT.
Notification No. 80-Rev (LAJ) of 2016
Dated 28-09-2016.
Whereas, the land, specifications whereof are given below, is required for "Widening of NH-AI Four Laning in Village "Gund Tethar" (provision of Viaduct), Tehsil Banihal, District Ramban :—
Specification of land
District Tehsil Village Kh. Nos. Area
–––––––––––––––––––––––––––––––––––––––––––––––––––––– 1 2 3 4 5 ––––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M.
Ramban Banihal Gund Tethar 359/185 00–07
359/185 min 00–02
359/185 min 00–11 462 The J&K Govt. Gazette, 5th Jan., 2017/15th Pausa., 1938. [No. 40 –––––––––––––––––––––––––––––––––––––––––––––––––––––––– 1 2 3 4 5 ––––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M.
355/185 00–12
359/185 min 00–16
356/185 00–06
494/373/185 01–10
355/185 min 01–00
356/185 min 03–10
359/185 min 02–18
203 min 00–01
––––––
Total 11–13
––––––
Whereas, on the basis of an indent placed by Project Director, National Highway, PIU, Srinagar vide his No. PD/SGR/14022/LA- Ramban/66 dated 21-10-2013, a notification under section 4(1) was issued by Collector Land Acquisition (ADC), Ramban vide No. 611-20/ ACQ/NHAI dated 28-11-2014 for land measuring 52 Kanals-07 Marlas in Village "Gund Tethar" (provision of Viaduct) Tehsil Banihal, District Ramban ; and
Whereas, a fresh notification under section 4 (1) of the Land Acquisition Act was issued by the Collector Land Acquisition (ADC), Ramban vide No. 444-54/ACQ/NH AI dated 31-08-2016 for land measuring 11 Kanals-13 Marlas (provision of Viaduct) in Village "Gund Tethar (out of 52 Kanals-07 Marlas) ; and
Whereas, the notification issued by the Collector Land Acquisition (ADC) Ramban, under section 4 (1) of the J&K State Land Acquisition Act, vide letter referred to above, was served upon the interested persons for filing objections ; and
Whereas, the District Collector (DC), Ramban, vide his letter No. DC/LA/16/21 dated 17-09-2016 has reported that the land was initially proposed to be acquired through private negotiation mode but No. 40] The J&K Govt. Gazette, 5th Jan., 2017/15th Pausa., 1938. 463 –––––––––––––––––––––––––––––––––––––––––––––––––––––––– some of land owners did not agree to receive the compensation. Therefore, it was decided to acquire the land through compulsory mode ; and
Whereas, the District Collector (DC), Ramban vide his letter referred to above has also intimated that no objection was received within the stipulated period ; and
Whereas, it has been reported that there is no other option but to acquire the land measuring 11 Kanals-13 Marlas in the interest of general public which is required purely for "Widening of NH AI Four Laning of National Highway (provision of Viaduct) ; and
Whereas, the Government is satisfied that the land particulars whereof are mentioned above to this notification is required for public purpose viz. "Widening of NH AI Four Laning of National Highway (provision of Viaduct).
Now, therefore, in pursuance of section 6 of the J&K State Land Acquisition Act, Samvat, 1990, it is declared that land measuring 11 Kanals-13 Marlas (out of 52 Kanals-07 Marlas) in Village "Gund Tethar" (provision of Viaduct), Tehsil Banihal, District Ramban details whereof are indicated above to this notification is required for public purposes viz. "Widening of NH AI Four Laning of National Highway (provision of Viaduct). Further, the Collector, Land Acquisition (ADC), Ramban, is directed under section 7 of the said Act to take order for acquisition of the said land after giving prescribed notice to the interested person(s) as required under the Land Acquisition Act/Rules.
Since, there is urgency involved in the matter, in pursuance of section 17 of J&K State Land Acquisition Act, Samvat, 1990, it is ordered that on expiry of fifteen days from the date of publication of notification under section 9 (2) of the said Act, the Collector Land Acquisition (ADC), Ramban shall take possession of the aftermentioned land situated in Village "Gund Tethar", Tehsil Banihal, District Ramban required for public purposes, subjet to the fulfilment of conditions prescribed under section 9 (2) and section 17-A of the J&K State Land Acquisition Act and Rule 63 of the J&K Land Acquisition Rules.
However, the Collector concerned shall be personally responsible for proper title verification of all types of land involved in the case, 464 The J&K Govt. Gazette, 5th Jan., 2017/15th Pausa., 1938. [No. 40 –––––––––––––––––––––––––––––––––––––––––––––––––––––––– identification of all the intersted persons/rightful claimants and apportionment of compensation thereof in accordance with the relevant laws/rules in force, while making the award.
By order of the Government of Jammu and Kashmir.
(Sd.) MOHAMMAD ASHRAF MIR,
Commissioner/Secretary to the Government, Revenue Department.
–––––––
GOVERNMENT OF JAMMU AND KASHMIR, CIVIL SECRETARIAT—REVENUE DEPARTMENT.
Notification No. 83-Rev (LAJ) of 2016
Dated 29-09-2016.
Whereas, the land, specifications whereof are given at Annexure "A" to this notification is required for "Lying of 132 KV S/C Transmission Line on B/C Tower from Grid Station Battal Manwal to Railway Traction Sub Station, Manwal, falling under Tower location No. 4 to 18 ; and
Whereas, on the basis of an indent placed by Chief Engineer, S&O Wing, Narwal Bala, Gladni, Jammu, a notification under section 4(1) was issued by Collector, Land Acquisition, 220 KV, PDD, S&O Wing, Jammu, vide No. CLA/S&O/PDD/549-59 dated 29-01-2016 for land measuring 07 Kanals-04 Marlas situated at Village "Kathar", Tehsil Dansal, District Jammu ; and
Whereas, the notification issued by the Collector Land Acquisition, 220 KV, PDD, S&O Wing, Jammu, under section 4 (1) of the J&K State Land Acquisition Act, vide letter referred to above, was served upon the interested persons for filing objections ; and
Whereas, pursuant to the notification, certain objections were received from the land owners/interested persons within the prescribed time and it was suggested by them, who were opposing the land acquisition process to change the survey through an alternate route via Shamlat Deh ; and No. 40] The J&K Govt. Gazette, 5th Jan., 2017/15th Pausa., 1938. 465 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Whereas, the Collector Land Acquisition, 220 KV, PDD, S&O Wing, Jammu, vide his letter No. CLA/S&O/PDD/777-81 dated 01-09-2016 reported that the land was initially proposed to be acquired through private negotiation mode but the land owners/interested persons did not agree to accept the rates offered, it was therefore decided to acquire the land through compulsory mode ; and
Whereas, it has also been reported that there is no other option but to acquire the land in the interest of general public, which is required purely for "Laying of 132 KV S/C Transmission Line on B/C Tower from Grid Station Battal Manwal to Railway Traction Sub-Station, Manwal, falling under Tower location No. 4 to 18 ; and
Whereas, the Government is satisfied that the land particulars whereof are mentioned above to this notification, is required for public purpose viz. "Laying of 132 KV S/C Transmission Line on B/C Tower from Grid Station Battal Manwal to Railway Traction Sub-Station, Manwal, falling under Tower location No. 4 to 18.
Now, therefore, in pursuance of section 6 of the J&K State Land Acquisition Act, Samvat, 1990, it is declared that land measuring 07 Kanals-04 Marlas situated in Village "Kathar", Tehsil Dansal, District Jammu, details whereof are given at "Annexure-A" to this notification, is required for public purpose viz. "Laying of 132 KV S/C Transmission Line on B/C Tower from a Grid Station Battal Manwal to Railway Traction Sub-Station, Manwal, falling under Tower location No. 4 to 18. Further, the Collector Land Acquisition, 220 KV, PDD, S&O wing, Jammu, is directed under Section 7 of the said Act to take order for acquisition of the said land after giving prescribed notice to the interested person(s) as required under the Land Acquisition Act/Rules.
Since, there is urgency involved in the matter, in pursuance of section 17 of J&K State Land Acquisition Act, Samvat, 1990, it is ordered that on expiry of fifteen days from the date of publication of notification under section 9 (2) of the said Act, the Collector Land Acquisition 220 KV, PDD, S&O Wing, Jammu, will take possession of the aforementioned land situated in Village "Kathar", Tehsil Dansal, 466 The J&K Govt. Gazette, 5th Jan., 2017/15th Pausa., 1938. [No. 40 –––––––––––––––––––––––––––––––––––––––––––––––––––––––– District Jammu, required for public purposes, subjet to the fulfilment of conditions prescribed under section 9 (2) and section 17-A of the J&K State Land Acquisition Act and Rule 63 of the J&K Land Acquisition Rules.
However, the Collector concerned shall be personally responsible for proper title verification of all types of land involved in the case, identification of all the interested persons/rightful claimants and apportionment of compensation thereof in accordance with the relevant laws/rules in force, while making the award.
By order of the Government of Jammu and Kashmir.
(Sd.) MOHAMMAD ASHRAF MIR,
Commissioner/Secretary to the Government, Revenue Department.
–––––––
Annexure "A" to Notification No. 83 of Rev(LAJ) of 2016
Dated 29-09-2016.
District Tehsil Village Khasra Area
Nos.
–––––––––––––––––––––––––––––––––––––––––––––––––––––– 1 2 3 4 5 ––––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M.
Jammu Dansal Kathar 5601 00–09
5601 00–10
5601 00–08
5601 00–09
3857 00–08
3847 00–10 No. 40] The J&K Govt. Gazette, 5th Jan., 2017/15th Pausa., 1938. 467 –––––––––––––––––––––––––––––––––––––––––––––––––––––––– 1 2 3 4 5 ––––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M.
3851 00–10
3439 00–09
4697/4698 00–08
5075 00–08
5179 00–09
3219 00–09
3220 00–08
3218 00–05
176 00–08
176, 218 00–08
202, 203 00–08
–––––––
Total 07–04
–––––––
––––––––
GOVERNMENT OF JAMMU AND KASHMIR, CIVIL SECRETARIAT—REVENUE DEPARTMENT.
Notification No. 62-Rev (LAJ) of 2016
Dated 31-08-2016.
Whereas, the land, specifications whereof are given at Annexure "A" to this notification is required for public purpose viz. widening of Rajouri-Sair-Pouni road by GREF ; and 468 The J&K Govt. Gazette, 5th Jan., 2017/15th Pausa., 1938. [No. 40 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Whereas, on the basis of an indent placed by Officer Commanding
58 RCC (GREF) vide dated 11-01-2013 accordingly, a notification under
section 4(1) was issued by Collector, Land Acquisition (Defence),
HQ, Rajouri/Poonch, Rajouri for land measuring 34 Kanals-19 Marlas
situated in Village Goder, Tehsil and District Rajouri ; and
Whereas, the Deputy Commissioner, Rajouri vide No. Coll/Def/
62 dated 27-04-2016 has reported that the notification issued under
section 4 (1) of the J&K State Land Acquisition Act, by the Collector,
Land Acquisition (Defence), HQ Rajouri/Poonch, Rajouri was served
upon the interested persons for filing objections, if any, to the proposed
acquisition but no objection was received from the land owner/interested
persons in the prescribed time period as required under sections 5 &
5-A of Land Acquisition Act ; and
Whereas, the report furnished by Deputy Commissioner, Rajouri
vide letter referred to above, has been examined and it has been
found that the land owners did not file any objection to the proposed
acquisition ; and
Whereas, the Government is satisfied that the land particulars
whereof are mentioned are given at "Annexure-A" to this notification,
is required for public purpose viz. "widening of Rajouri-Sair-Pouni
road by GREF.
Now, therefore, in pursuance of section 6 of the J&K State Land
Acquisition Act, Samvat, 1990, it is declared that land measuring
34 Kanals-19 Marlas situated at Village Goder, Tehsil and District
Rajouri, particulars whereof are given at "Annexure-A" to this
notification is required for public purpose viz. "widening of Rajouri-Sair-
Pouni road by GREF. Further, the Collector Land Acquisition (Defence),
HQ, Rajouri/Poonch, Rajouri is directed under section 7 of the said Act
to take order for acquisition of the said land after giving prescribed
notice to the interested person(s) as required under the Land Acquisition
Act/Rules.
No. 40] The J&K Govt. Gazette, 5th Jan., 2017/15th Pausa., 1938. 469 –––––––––––––––––––––––––––––––––––––––––––––––––––––––– However, the Collector concerned shall be personally responsible for identification and proper title verification of all types of land involved in the case and apportionment of compensation amongst all the interested persons/rightful claimants in accordance with the relevant laws/rules in force, while making the award.
(Sd.) GHULAM RASOOL, KAS,
Deputy Secretary to the Government, Revenue Department.
–––––––
Annexure "A" to Notification No. 62 of Rev(LAJ) of 2016
Dated 31-08-2016.
District Tehsil Village Khasra Area
Nos.
–––––––––––––––––––––––––––––––––––––––––––––––––––––– 1 2 3 4 5 ––––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M.
Rajouri Rajouri Godar 138/2 01–02
189 03–09
234 00–05
191 00–05
231 00–06
187/1 01–01
139 00–05
187/5 01–17 470 The J&K Govt. Gazette, 5th Jan., 2017/15th Pausa., 1938. [No. 40 –––––––––––––––––––––––––––––––––––––––––––––––––––––––– 1 2 3 4 5 ––––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M.
190 00–01
192 00–01
187 00–14
105 24–13
–––––––
Total 34–19
––––––– THE JAMMU AND KASHMIR GOVERNMENT GAZETTE
–––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 129] Jammu, Thu., the 5th Jan., 2017/15th Pausa, 1938. [ No. 40 –––––––––––––––––––––––––––––––––––––––––––––––––––––– 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. ––––––
CHARGE REPORT
Subject :––Handing over and taking over the charge of District Statistics
and Evaluation Office, Jammu.
–––––––
In pursuance to Government Order No. 294-PD of 2016 dated 13-10-2016 issued under endorsement No. PD/HRM/94/2013-II dated 13-10-2016 read with another Government Order No. 295-PD of 2016 issued under endorsement No. PD/HRM/94/2013-II dated 13-10-2016 by the Planning Development and Monitoring Department, J&K Government, Civil Secretariat, Srinagar, we the undersigned have handed over and taken 80 The J&K Govt. Gazette, 5th Jan., 2017/15th Pausa, 1938. [No. 40 –––––––––––––––––––––––––––––––––––––––––––––––––––––– over the charge of the post of District Statistics and Evaluation Officer, Jammu today on 24th October, 2016 (Forenoon).
Cash balance in Saving Bank Account No. 2024 on A/c of Honorarium
is Rs. 2,39,634/-.
(Sd.) YASH PAUL SHARMA.
Relieved Officer.
(Sd.) KAMAL KUMAR SHARMA.
Relieving Officer.
THE
JAMMU AND KASHMIR GOVERNMENT GAZETTE
––––––––––––––––––––––––––––––––––––––––––––––––––––––
Vol. 129] Jammu, Thu., the 5th Jan., 2017/15th Pausa, 1938. [No. 40 –––––––––––––––––––––––––––––––––––––––––––––––––––––– 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.
______
OFFICE OF THE COLLECTOR, LAND ACQUISITION, POWER GRID CORPORATION OF INDIA LTD., NARWAL BALA, BY-PASS ROAD, JAMMU.
Subject :—Notification under section 4 (1) of Land Acquisition Act, 1990
Svt. as amended up-to-date.
–––––––
In exercise to powers conferred upon me under section 4 (1) of Land Acquisition Act, 1990 Svt., I, Kusum Sharma (KAS), Collector, Land Acquisition, Power Grid Corporation of India Limited, Jammu, do hereby notify that the land measuring 04 Kanals 12 Marlas of Village Thethar in Tehsil Banihal and District Ramban, particulars of which shown below is likely to be acquired for public purposes namely construction of 400 KV D/C Kishenpur-New Wanpoh Transmission Line.
532 The J&K Govt. Gazette, 5th Jan., 2017/15th Pausa, 1938. [No. 40 ––––––––––––––––––––––––––––––––––––––––––––––––—–––—————
District Tehsil Village Location Khasra Area . No. Nos. ––––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M.
Ramban Banihal Thethar 73/0 1063 01–19
00–08
1062 00–09
––––––
Total 02–16
––––––
74/0 2895/2551/
2263/1064 01–16
––––––
Grand Total 04–12
––––––
Any objections to the acquisition of the said land shall be filed to the undersigned within 15 days from the date of publication of this notification. After expiry of the time no objections will be entertained.
(Sd.) KUSUM SHARMA, KAS,
Collector, Land Acquisition, Power Grid Corporation of India Ltd., NR-II, Narwal By-Pass, Jammu.
––––––––
GOVERNMENT OF JAMMU AND KASHMIR, OFFICE OF THE COLLECTOR, LAND ACQUISITION (ASSISTANT COMMISSIONER, REVENUE), KARGIL.
Notice
In exercise of the power conferred by section 4 (1) of the Jammu and Kashmir Land Acquisition Act, Samvat 1990, I, Kacho Turab Shah, KAS, Collector, Land Acquisition, Assistant Commissioner, Revenue, Kargil do hereby notify the land particulars of which are given below is No. 40] The J&K Govt. Gazette, 5th Jan., 2017/15th Pausa, 1938. 533 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––———
likely to be needed for public purpose namely for construction of Link Road Bull Mother Farm to Mutrik Choskore.
Objections , if any, of the interested persons or any person with regard to the acquisition of below mentioned land can be filed in the office of the undersigned within 15 days of issuance of Notice.
District Tehsil Village Khasra Nos. Area ––––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M. Kargil Kargil Chaskore 4003/705 00–03
4005/705 00–06
––––––
G. Total 00–09
––––––
(Sd.) KACHO TURAB SHAH, KAS,
Collector, Land Acquisition, Assistant Commissioner (Rev.), Kargil.
––––––––
GOVERNMENT OF JAMMU AND KASHMIR, OFFICE OF THE COLLECTOR, LAND ACQUISITION, DEFENCE, RAJOURI/POONCH HEADQUARTER, RAJOURI.
Subject :—Notice under sections 9&9(A) of the Land Acquisition Act to
the persons interested in the land to be acquired.
––––––
Whereas, the land whose specification is given below is required for public purpose namely for widening of Jammu-Poonch D/L Specification Road by GREF, declared by J&K Government, Revenue Department vide Notification No. 61-Rev (LAJ) of 2016 dated 31-08-2016 issued under endorsement No. Rev/LAJ/98/2016-Nah dated 31-08-2016. All the persons interested in the said land are informed to attend this office personally or by an agent within 15 days to state the nature of their respective interests in 534 The J&K Govt. Gazette, 5th Jan., 2017/15th Pausa, 1938. [No. 40 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————— the land, the amount and particulars of their claim to compensation for such interests and their objections, if any, to the measurement of the land.
Specifications
District Tehsil Village Khasra Nos. Area ––––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M.
Rajouri Sunderbani Nah 158 Min 01–18
159 Min 01–15
161 Min 03–18
162 Min 03–08
127/2 Min 01–07
174/1 Min 28–10
––––––
G. Total 40–16
––––––
(Sd.) ABDUL QAYOOM MIR, KAS,
Collector, Land Acquisition, Defence, Poonch/Rajouri Hq., Rajouri
––––––––
GOVERNMENT OF JAMMU AND KASHMIR, OFFICE OF THE COLLECTOR, LAND ACQUISITION, DEFENCE, RAJOURI/POONCH HEADQUARTER, RAJOURI.
Subject :—Notice under sections 9&9(A) of the Land Acquisition Act to
the persons interested in the land to be acquired.
––––––
Whereas, the land whose specification is given below is required for public purpose namely for widening of Jammu-Poonch D/L Specification No. 40] The J&K Govt. Gazette, 5th Jan., 2017/15th Pausa, 1938. 535 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––———
Road by GREF, declared by J&K Government, Revenue Department vide Notification No. 63-Rev (LAJ) of 2016 dated 31-08-2016 issued under endorsement No. Rev/LAJ/99/2016-Mangiote dated 31-08-2016. All the persons interested in the said land are informed to attend this office personally or by an agent within 15 days to state the nature of their respective interests in the land, the amount and particulars of their claim to compensation for such interests and their objections, if any, to the measurement of the land.
Specifications
District Tehsil Village Khasra Nos. Area ––––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M.
Rajouri Beripattan Mangiote 1054 Min 09–03
1056 Min 00–17
1091 Min 00–05
1092 Min 02–18
1095 Min 04–08
1102 Min 04–12
1103 Min 06–06
1104 Min 00–12
1131 Min 15–17
––––––
G. Total 44–18
––––––
(Sd.) ABDUL QAYOOM MIR, KAS,
Collector, Land Acquisition, Defence, Poonch/Rajouri Hq., Rajouri.
––––––––
536 The J&K Govt. Gazette, 5th Jan., 2017/15th Pausa, 1938. [No. 40 ––––––––––––––––––––––––––––––––––––––––––––––––—–––—————
GOVERNMENT OF JAMMU AND KASHMIR, OFFICE OF THE COLLECTOR, LAND ACQUISITION, DEFENCE, RAJOURI/POONCH HEADQUARTER, RAJOURI.
Subject :—Notice under sections 9&9(A) of the Land Acquisition Act to
the persons interested in the land to be acquired.
––––––
Whereas, the land whose specification is given below is required for public purpose namely for widening of Rajouri-Kandi-Budhal D/C Road by GREF, declared by J&K Government, Revenue Department vide Notification No. 64-Rev (LAJ) of 2016 dated 31-08-2016 issued under endorsement No. Rev/LAJ/88/2016-Hubi dated 31-08-2016. All the persons interested in the said land are informed to attend this office personally or by an agent within 15 days to state the nature of their respective interests in the land, the amount and particulars of their claim to compensation for such interests and their objections, if any, to the measurement of the land.
Specifications
District Tehsil Village Khasra Nos. Area ––––––––––––––––––––––––––––––––––––––––––––––––––––––
1 2 3 4 5
––––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M.
Rajouri Koteranka Hubi 382 Min 02–10
392 Min 00–14
393 Min 00–11
395 Min 00–15
422 Min 00–02
423 Min 00–01 No. 40] The J&K Govt. Gazette, 5th Jan., 2017/15th Pausa, 1938. 537 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––———
1 2 3 4 5
––––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M.
445 Min 00–06
424 Min 01–01
442 Min 01–00
––––––
G. Total 07–00
––––––
(Sd.) ABDUL QAYOOM MIR, KAS,
Collector, Land Acquisition, Defence, Poonch/Rajouri Hq., Rajouri
––––––––
GOVERNMENT OF JAMMU AND KASHMIR, OFFICE OF THE COLLECTOR, LAND ACQUISITION, DEFENCE, RAJOURI/POONCH HEADQUARTER, RAJOURI.
Subject :—Notice under sections 9&9(A) of the Land Acquisition Act to
the persons interested in the land to be acquired.
––––––
Whereas, the land whose specification is given below is required for public purpose namely for widening of Jammu-Rajouri-Poonch Road declared by J&K Government, Revenue Department vide Notification No. 70-Rev (LAJ) of 2016 dated 31-08-2016 issued under endorsement No. Rev/LAJ/108/2016-Panjgrain dated 31-08-2016. All the persons interested in the said land are informed to attend this office personally or by an agent within 15 days to state the nature of their respective interests in 538 The J&K Govt. Gazette, 5th Jan., 2017/15th Pausa, 1938. [No. 40 ––––––––––––––––––––––––––––––––––––––––––––––––—–––—————
the land, the amount and particulars of their claim to compensation for such interests and their objections, if any, to the measurement of the land.
Specifications
District Tehsil Village Khasra Nos. Area ––––––––––––––––––––––––––––––––––––––––––––––––––––––
1 2 3 4 5
––––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M. S
Rajouri Manjakote Panjgrain 1078 Min 00–11–000
1087 Min 01–07–000
1800 Min 00–04–000
1798 Min 00–16–000
1794 Min 03–14–000
1798 Min 00–11–000
2201/1785 00–04–000
1806 Min 00–01–000
1779/1 Min 01–12–004
1781 Min 00–02–000
1782 Min 00–04–000
1783 Min 00–04–000
1805 Min 01–19–000 No. 40] The J&K Govt. Gazette, 5th Jan., 2017/15th Pausa, 1938. 539 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––———
1 2 3 4 5
––––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M. S
1778 Min 00–07–000
1777 Min 00–02–000
1789 Min 01–15–000
1801 Min 00–03–000
1779/1 Min 00–02–000
1803 Min 02–00–000
797 Min 00–09–000
1799 Min 00–04–000
1780 Min 00–07–½0
1814 Min 03–11–000
1780 Min 00–01–000
1783 Min 00–18–006
1785 Min 02–09–½0
1802 Min 01–06–000
1774 Min 00–10–000
540 The J&K Govt. Gazette, 5th Jan., 2017/15th Pausa, 1938. [No. 40 ––––––––––––––––––––––––––––––––––––––––––––––––—–––—————
1 2 3 4 5
––––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M. S
1779 Min 00–04–000
1812 Min 02–16–000
––––––––– G. Total 29–09½–000 –––––––––
(Sd.) ABDUL QAYOOM MIR, KAS,
Collector, Land Acquisition, Defence, Poonch/Rajouri Hq., Rajouri.
––––––––
GOVERNMENT OF JAMMU AND KASHMIR, OFFICE OF THE COLLECTOR, LAND ACQUISITION, DEFENCE, RAJOURI/POONCH HEADQUARTER, RAJOURI.
Subject :—Notice under sections 9&9(A) of the Land Acquisition Act to
the persons interested in the land to be acquired.
––––––
Whereas, the land whose specification is given below is required for public purpose namely for widening of Rajouri-Kandi-Budhal D/L Road by GREF, declared by J&K Government, Revenue Department vide Notification No. 52-Rev (LAJ) of 2016 dated 10-08-2016 issued under endorsement No. Rev/LAJ/87/2016-Mohra dated 10-08-2016. All the persons interested in the said land are informed to attend this office personally or by an agent within 15 days to state the nature of their respective interests in the land, the amount and particulars of their claim to compensation for such interests and their objections, if any, to the measurement of the land.
No. 40] The J&K Govt. Gazette, 5th Jan., 2017/15th Pausa, 1938. 541 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––———
Specifications
District Tehsil Village Khasra Nos. Area ––––––––––––––––––––––––––––––––––––––––––––––––––––––
1 2 3 4 5
––––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M.
Rajouri Koteranka Mora 516 Min 00–09
529 Min 00–07
531 Min 00–07
537 Min 00–04
547 Min 00–05
565 Min 00–09
585 Min 00–01
594 Min 00–09
611 Min 01–19
832 Min 00–02
836 Min 00–03
909 Min 00–10
528 Min 00–07
530 Min 00–04
536 Min 00–12
540 Min 01–02
548 Min 00–04 542 The J&K Govt. Gazette, 5th Jan., 2017/15th Pausa, 1938. [No. 40 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————— 1 2 3 4 5 ––––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M.
575 Min 01–13
592 Min 00–14
605 Min 00–07
616 Min 00–17
835 Min 01–00
838/1 Min 00–03
––––––
G. Total 12–08
––––––
(Sd.) ABDUL QAYOOM MIR, KAS,
Collector, Land Acquisition, Defence, Poonch/Rajouri Hq., Rajouri.
––––––––
GOVERNMENT OF JAMMU AND KASHMIR, OFFICE OF THE COLLECTOR, LAND ACQUISITION, DEFENCE, RAJOURI/POONCH HEADQUARTER, RAJOURI.
Subject :—Notice under sections 9&9(A) of the Land Acquisition Act to
the persons interested in the land to be acquired.
––––––
Whereas, the land whose specification is given below is required for public purpose namely for widening of Jammu-Rajouri-Poonch D/L Road by GREF, declared by J&K Government, Revenue Department vide Notification No. 68-Rev (LAJ) of 2016 issued under endorsement No. Rev/LAJ/104/2016-Galhuti dated 31-08-2016. All the persons interested in the said land are informed to attend this office personally or by an agent within 15 days to state the nature of their respective interests in the land, No. 40] The J&K Govt. Gazette, 5th Jan., 2017/15th Pausa, 1938. 543 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––———
the amount and particulars of their claim to compensation for such interests and their objections, if any, to the measurement of the land.
Specifications
District Tehsil Village Khasra Nos. Area ––––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M.
Rajouri Manjakote Galhuti 205 Min 01–04
206 Min 04–12
207 Min 01–02
223/1 Min 02–15
––––––
G. Total 09–13
––––––
(Sd.) ABDUL QAYOOM MIR, KAS,
Collector, Land Acquisition, Defence, Poonch/Rajouri Hq., Rajouri.
––––––––
Notice
My name, my DoB and my father's name has wrongly been written as Rajinder Kumar Sharma instead of Rajinder Kumar, DoB 22-04-1982 instead of 28-04-1982 and Gopal Krishan Sharma instead of Gopal Krishan respectively in my PAN Card bearing No. CPEPS4143H. Now I am applying for correction of the same. Objection, if any, may be conveyed to Income Tax Office, Jammu within seven days.
Rajinder Kumar S/o Gopal Krishan R/o Ward No. 6, H. No. 26, Near Bank of India, Court Road, Udhampur (J&K).
––––––––
544 The J&K Govt. Gazette, 5th Jan., 2017/15th Pausa, 1938. [No. 40 ––––––––––––––––––––––––––––––––––––––––––––––––—–––—————
GOVERNMENT OF JAMMU AND KASHMIR, DIRECTORATE OF INDUSTRIES AND COMMERCE (REGISTRAR OF SOCIETIES/FIRMS, JAMMU), Udyog Bhawan, Rail Head Complex, Jammu.
It is notified for the information of General Public that M/s. JRM Engineers, H. No. 86, Patoli Magotrian, Jammu has applied for recording change in the constitution of their firm under section 63 of J&K State Partnership Act, 1996. As per new constitution (1) Aashish Khajuria S/o Sh. R. P. Khajuria H. No. 1817-F, Extn. Shastri Nagar, Jammu has joined the firm w. e. f. 20-07-2016 and (1) Kritika Soodan D/o Sh. Parshotam Kumar Soodan H. No. 86, Patoli Magotrian, Jammu have been retired from the firm w. e. f. 03-06-2016.
Now, the existing constitution of the firm comprises of following members (1) Rajat Soodan S/o Sh. Parshotam Kumar Soodan H. No. 86, Patoli Magotrian, Jammu, (2) Deepak Sharma S/o Sh. Sita Ram R/o Patoli Magotrian, Jammu, (3) Manik Soodan S/o Sh. Sham Lal Soodan R/o H. No. 86, Patoli Magotrian, Jammu, (4) Sh. Manik Magotra S/o Sh. Ravinder Magotra R/o Patoli Magotrian, Jammu, (5) Sh. Aashish Khajuria S/o Sh. R. P. Khajuria H. No. 1817-F, Extn. Shastri Nagar, Jammu. Before any change is recorded in the posting register of the Registrar of Firm, any person/persons having objection to the above change may file the same within 15 days from the publication of this notice, with Registrar of Societies/Firm (Directorate of Industries and Commerce), Udyog Bhawan, Rail Head Complex, Jammu.
(Sd.) ......................
For Registrar of Societies/Firms, J&K, Jammu.
THE
JAMMU & KASHMIR GOVERNMENT GAZETTE
–––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 129 ] Jammu, Thu., the 5th Jan., 2017/15th Pausa, 1938. [ No. 40 –––––––––––––––––––––––––––––––––––––––––––––––––––––– 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 GENERAL, FIRE AND EMERGENCY SERVICES, J&K, JAMMU.
GIST of e-NIT No. 13 of 2016
Dated 15-12-2016.
For and on behalf of the Governor of J&K State, e-Tenders are invited for fabrication of 08 untis of Multipurpose Fire Tenders along with accessories and equipments on Ashok Leyland Model 1616 iL-4330 MM Chassis fitted with H. Series BS-III Diesel Engine, to be supplied by the department, from reputed/registered fabricators/firms having their own registered working sites with facilities as envisaged in tender documents and having vast past experience in such type of fabrications :––
document
S. Particulars Earnest Money Cost of tender No. –––––––––––––––––––––––––––––––––––––––––––––––––––––– 1. Fabrication of Multipurpose ` 1.00 lacs ` 7000.00
Fire Tenders
––––––––––––––––––––––––––––––––––––––––––––––––––––––
1. Date of publishing of Tender Notice 17-12-2016
2. Period of downloading of documents From 17-12-2016 to
06-01-2017
3. Date of submission of online From 17-12-2016 to
documents
06-01-2017 156 The J&K Govt. Gazette, 5th Jan., 2017/15th Pausa, 1938. [ No. 40 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————
1 2
3
–––––––––––––––––––––––––––––––––––––––––––––––––––––– 4. Date of submission of Hard Copy 07-01-2017 up to
4.00 P. M.
5. Date of Opening Tender 09-01-2017
The tender documents along with other Terms and Conditions of the NIT and relevant documents can be downloaded from the website http://jktenders.gov.in. The tender shall be uploaded in electronic format on the website http://jktenders.gov.in. The bidders shall have to upload scanned copy of all necessary documents like CDR/PAN/TIN/Demand Draft (Tender Fee)/Registration Certificate duly renewed and hard copies thereof physically to tender receipting authority well before the date of opening of the bid. The cost of tender documents shall be in the form of Bank Draft drawn in favour of Accounts Officer, Fire and Emergency Services, J&K payable at Jammu/Srinagar and Earnest Money shall be pledged to Director General, Fire and Emergency Services, J&K. Cost of tender documents is non-refundable, whileas the Earnest Money is refundable.
(Sd.) .......................
Director, General, Fire and Emergency Services, Jammu. ––––––– POLICE HEADQUARTERS, J&K, JAMMU.
Amendment in e-NIT No. 36 of 2016
Dated 12-11-2016.
Following amendment is issued in PHQ, J&K e-NIT No. 36 of 2016
dated 12-11-2016 floated for procurement of hospital equipment :––
Last date of tender submission = 27-12-2016 up to 1800 hrs. instead of
20-12-2016.
Last date of tender opening = 29-12-2016 at 1100 hrs. instead of
22-12-2016.
Other terms and conditions of the tender shall remain unchanged. Tender details with terms and conditions are available on J&K State e-Procurement Portal www.jktenders.gov.in.
(Sd.).......................
AIG (Provision/Transport) For Director General of Police, J&K, Jammu.
EXTRAORDINARY REGD. NO. JK—33 THE JAMMU & KASHMIR GOVERNMENT GAZETTE
Vol. 129] Jammu, Mon., the 19th Dec., 2016/28th Agra., 1938. [No. 37-3
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
(Terms and Conditions for Determination of Multi Year
Generation Tariff) Regulations, 2016
Notification No. 54-JKSERC of 2016
Dated 19th December, 2016.
In exercise of powers conferred by section 138, read with
sections 55, 56 and 71 of the J&K Electricity Act, 2010 (Act XIII of 2010) 2 The J&K Govt. Gazette, 19th Dec., 2016/28th Agra., 1938. [No. 37-3 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
and all other powers enabling it in this behalf, the J&K State Electricity
Regulatory Commission hereby makes the following Regulations,
namely :––
Jammu and Kashmir State Electricity Regulatory Commission
(Terms and Conditions for Determination of Multi Year
Generation Tariff) Regulations, 2016
PART-I
Preliminary
1. Short title and commencement.––
1.1 These Regulations may be called the Jammu and Kashmir
State Electricity Regulatory Commission (Terms and
Conditions for Determination of Multi Year Generation Tariff)
Regulations, 2016.
1.2 These shall come into force on the date of their publication
in the Government Gazette and shall be applicable
for determination of tariff for the period FY 2018-19 to
FY 2020-21 in a manner as specified in these Regulations.
The subsequent Control Period for these Regulations shall
be of five (5) years or as may be specified by the Commission.
2. Scope and extent of application.––
2.1. These Regulations shall apply in the following cases :––
(a) Where tariff for a generating station or a unit thereof
is required to be determined by the Commission under
section 56 of the J&K Electricity Act, 2010 ;
(b) Where tariff has been determined bilaterally between
the State Government and the Utility prior to the
allotment of the project to the Utility for construction, No. 37-3] The J&K Govt. Gazette, 19th Dec., 2016/28th Agra., 1938. 3 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
operation and maintenance and for which power
purchase agreement has been approved by the
Commission based upon such tariff, the Commission
shall adopt such tariff together with the terms
and conditions of such approved power purchase
agreement ;
(c) Where the Government of J&K notifies a policy to
encourage investment in the State by allowing setting
up of generating plants, out of which certain percentage
of installed capacity as decided by the GoJK from time
to time, can be procured by the Distribution Licensees
of the State of J&K for which the tariff may be
determined under Section 56 of the Electricity
Act, 2010.
(d) Where tariff may be determined by the Commission
for hydroelectric projects which meet the following
criteria :––
(i) The Commission is satisfied that the project site
has been allotted to the developer by the
Government of J&K after following a transparent
two stage process. The first stage should be for
prequalification on the basis of criteria of financial
strength, past experience of developing
infrastructure projects of similar size, past track
record of developing projects on time and within
estimated costs, turnover and ability to meet
performance guarantee etc. In the second stage,
bids are to be called on the basis of quantifiable
parameter, such as, additional free power in excess
of percentage of free power, as notified by the 4 The J&K Govt. Gazette, 19th Dec., 2016/28th Agra., 1938. [No. 37-3 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
State Government, equity participation offered to
the Government of J&K, or any other parameter
to be notified by the State Government from time
to time.
(ii) Concurrence of CEA (if required under Section 8
of the Act), financial closure, award of work and
long term Power Purchase Agreement (PPA) (of
the duration of 35 years or more) of the capacity
specified in (iii) below with distribution licensees
are completed by 15-08-2022.
(iii) Long term PPA is firmed up for 60% or more of
the total saleable design energy, balance being
allowed for merchant sale :
Provided that distribution licensees can extend the
duration of long term PPA beyond 35 years for a
further period of 15 years at the existing terms
and conditions subject to the approval of
Appropriate Commission :
Provided further that nothing contained in this
Regulation shall apply to Pumped Storage Plants
(PSP).
(iv) The time period for commissioning of all the units
of the project shall ordinarily be fixed at four years
from the date of approval of the commissioning
schedule by the Commission. However, the
Commission may, after recording reasons in
writing, fix longer time period for hydroelectric
projects (reservoir as well as run-of- river projects)
of more than 100 MW capacity. Agreed timelines
to achieve the fixed commissioning schedule No. 37-3] The J&K Govt. Gazette, 19th Dec., 2016/28th Agra., 1938. 5 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
along with penalty for delay shall be decided by
the Commission. The Commission shall allow pass
through the Interest During Construction (IDC)
and Financing Cost (FC) only up to the period of
delay not attributable to the developer. The
approval of CEA, wherever required under Section
8 of the Act, shall be sought.
(v) Award of contracts for supply of equipment and
construction of the project, either through a turnkey
or through well defined packages, are done on
the basis of international competitive bidding.
Notwithstanding anything contained in Regulation
2.1 (d) above, the developers of hydroelectric
projects of more than 100 MW design capacity
for which sites have been awarded earlier by
following a transparent process and on the basis
of pre-determined set of criteria would have the
option of getting the tariff determined by the
Commission for the power to be sold through long
term PPA on the basis of cost plus under Section
56 of the Act.
2.2 These Regulations shall not apply to,––
(a) The tariff of generating companies, owned or controlled
by the Central Government.
(b) Generating stations whose tariff has been discovered
through tariff based competitive bidding in accordance
with the guidelines issued under Section 57 of J&K
Electricity Act, 2010.
(c) Generating stations based on renewable sources of
energy whose tariff is determined in accordance with 6 The J&K Govt. Gazette, 19th Dec., 2016/28th Agra., 1938. [No. 37-3 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
the JKSERC (Terms and Conditions for Tariff
Determination from Renewable Energy Sources)
Regulations, 2013 and amendments thereof.
(d) The tariff of generating companies, other than owned
or controlled by the Central Government as specified
in Regulation (a) above, if such generating companies
enter into or otherwise have a composite scheme for
generating and sale of electricity in more than one state.
2.3 These Regulations shall extend to the whole of the State of
Jammu and Kashmir.
3. Definitions.––(1) "Act" means the Jammu and Kashmir
Electricity Act, 2010 (Act No. XIII of 2010), including amendments thereto.
(2) "Accounting Statement" means for each financial year the
following statements, namely :––
(i) Balance sheet, prepared in accordance with the form
contained in Part I of Schedule VI to the Companies Act,
1956/Schedule III to the Companies Act, 2013 and as
amended from time to time ; together with notes thereto,
and such other supporting statements and information as the
Commission may direct from time to time ;
(ii) Profit and loss account, complying with the requirements
contained in Part II of Schedule VI to the Companies Act,
1956/Schedule III to the Companies Act, 2013 and as
amended from time to time ;
(iii) Cash flow statement, prepared in accordance with the
Accounting Standard on Cash Flow Statement (AS-3) of
the Institute of Chartered Accountants of India ;
(iv) Report of the statutory auditor(s) of the Generating
Company ;
No. 37-3] The J&K Govt. Gazette, 19th Dec., 2016/28th Agra., 1938. 7 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
(v) Directors report and accounting policies ; and
(vi) Cost records, if any, prescribed by the Central Government
under Section 209(1) (d) of the Companies Act, 1956/
Schedule III to the Companies Act, 2013 and as amended
from time to time.
(3) "Additional Capitalization" means the capital expenditure actually
incurred or projected to be incurred, after the date of commercial operation
of the Project and admitted by the Commission after prudence check, subject
to provisions of Regulation10.9.
(4) "Authority" means Central Electricity Authority as
referred to in section 70 of the Electricity Act, 2003 (Central Act 36
of 2003).
(5) "Aggregate Revenue Requirement or ARR" means for each
financial year, the costs pertaining to the generating company which are
permitted, in accordance with these Regulations, to be recovered from the
tariffs and charges determined by the Commission.
(6) "Applicant" means a generating company who has made an
application for determination of tariff or an application for annual
performance review/True-up in accordance with the Act and these
Regulations and includes a Generating Company whose tariff is the subject
of a review by the Commission either suo motu or on a Petition filed by any
interested or affected person or as part of an Annual Performance Review/
True-up.
(7) "Auxiliary Energy Consumption" in relation to a period means
the quantum of energy consumed by auxiliary equipment of the generating
station, such as the equipment being used for the purpose of operating plant
and machinery including switchyard of the generating station and transformer
losses within the generating station, and shall be expressed as a percentage 8 The J&K Govt. Gazette, 19th Dec., 2016/28th Agra., 1938. [No. 37-3 ––––––––––––––––––––––––––––––––––––––––––––––—–––————— of the sum of gross energy generated at generator terminals of all the units
of the generating station :
Provided that auxiliary energy consumption shall not include energy
consumed for supply of power to housing colony and other facilities at the
generating station and the power consumed for construction works at the
generating station.
(8) "Auditor" means an auditor appointed by the generating company,
in accordance with the provisions of Chapter X of the Companies
Act, 2013 (18 of 2013) or any other law for the time being in force.
(9) "Base Year" means the Financial Year immediately preceding
the first year of the Control Period, and used for the purposes of these
Regulations i. e. FY 2017-18.
(10) "Beneficiary" in relation to a generating station means any entity
buying power generated at such a generating station, whose tariff is
determined under these Regulations.
(11) "Block" in relation to a combined cycle thermal generating station
includes combustion turbine-generator, associated waste heat recovery boiler,
connected steam turbine-generator and auxiliaries.
(12) "Capital cost" means the capital cost as defined in
Regulation 10.7.
(13) "CERC" or "Central Commission" means the Central Electricity
Regulatory Commission.
(14) "Change in Law" means occurrence of any of the following
events :––
(i) the enactment, bringing into effect, adoption, promulgation,
amendment, modification or repeal of any law ; or
No. 37-3] The J&K Govt. Gazette, 19th Dec., 2016/28th Agra., 1938. 9 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
(ii) change in interpretation of any law by a competent court,
Tribunal or Indian Governmental Instrumentality which is
the final authority under law for such interpretation ; or
(iii) change by any competent statutory authority, in any consent,
approval or licence available or obtained for the project ;
(iv) coming into force or change in any bilateral or multilateral
agreement/treaty between the Government of India and any
other Sovereign Government having implication for the
generating station regulated under these Regulations.
(15) "Commission" means Jammu and Kashmir State Electricity
Regulatory Commission.
(16) "Control Period" means a multi-year period fixed by the
Commission, from 1st April, 2018 and up to 31st March, 2021 ;
(17) "Cut-off Date" means 31st March of the year closing after two
years of the year of commercial operation of the project, and in case the
project is declared under commercial operation in the last quarter of a year,
the cut-off date shall be 31st March of the year closing after three years of
the year of commercial operation :
Provided that the cut-off date may be extended by the Commission if
it is proved on the basis of documentary evidence that the capitalization
could not be made within the cut-off date for reasons beyond the control of
the project developer.
(18) "Date of Commercial Operation" or "COD" means,––
(i) in relation to a unit or block of the thermal generating station,
the date declared by the generating company after
demonstrating the Maximum Continuous Rating (MCR) or
the Installed Capacity (IC) through a successful trial run
after notice to the beneficiaries, from 0000 hour of which 10 The J&K Govt. Gazette, 19th Dec., 2016/28th Agra., 1938. [No. 37-3 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
scheduling process as per the Indian Electricity Grid Code
(IEGC) is fully implemented, and in relation to the generation
station as a whole, the date of commercial operation of the
last unit or block of the generating station ;
(ii) in relation to a unit of hydro generating station, the date
declared by the generating company from 0000 hour of
which, after notice to the beneficiaries, scheduling process
in accordance with the Indian Electricity Grid Code is fully
implemented and in relation to the generating station as a
whole, the date declared by the generating company after
demonstrating peaking capability corresponding to installed
capacity of the generating station through a successful trial
run, after notice to the beneficiaries.
Note :–– 1. In case the hydro generating station with
pondage or storage is not able to demonstrate
peaking capability corresponding to the
installed capacity for the reasons of insufficient
reservoir or pond level, the date of commercial
operation of the last unit of the generating
station shall be considered as the date of
commercial operation of the generating station
as a whole, provided that it will be mandatory
for such hydro generating station to
demonstrate peaking capability equivalent to
installed capacity of the generating unit or the
generating station as and when such reservoir/
pond level is achieved.
2. In case of purely run-of-river hydro generating
station if the unit or the generating station is
declared under commercial operation during
lean inflows period when the water is not
sufficient for such demonstration, it shall be
mandatory for such hydro generating station No. 37-3] The J&K Govt. Gazette, 19th Dec., 2016/28th Agra., 1938. 11 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
or unit to demonstrate peaking capability
equivalent to installed capacity as and when
sufficient inflow is available.
(19) "Daily Capacity Index" means the declared capacity expressed
as a percentage of the maximum available capacity for the day and shall be
mathematically expressed as hereunder :–––
Daily Capacity Index = Declared Capacity (MW) x 100/Maximum
Available Capacity (MW).
Daily Capacity Index shall be limited to 100%.
(20) "Day" means the 24 hour period starting at 0000 hour.
(21) "Declared capacity" means the capability to deliver ex-bus
electricity in MW declared by such generating station in relation to any
time block of the day as defined in the Grid Code or whole of the day, duly
taking into account the availability of fuel or water, and subject to further
qualification in the relevant regulation :–––
(a) For run-of-river power station with pondage and storagetype
power stations, declared capacity means the ex-bus capacity
in MW expected to be available from the generating station
over the peaking hours of next day, as declared by the
generator, taking into account the availability of water,
optimum use of water and availability of machines and for
this purpose, the peaking hours shall not be less than 3 hours
within 24 hour period ; and
(b) In case of purely run-of-river power stations, declared
capacity means the ex-bus capacity in MW expected to be
available from the generating station during the next day, as
declared by the generating station, taking into account the
availability of water, optimum use of water and availability
of machines.
12 The J&K Govt. Gazette, 19th Dec., 2016/28th Agra., 1938. [No. 37-3 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
(22) "De-capitalization" for the purpose of the tariff under these
regulations, means reduction in Gross Fixed Assets of the project
corresponding to the removal/deletion of assets as admitted by the
Commission.
(23) "De-Commissioning" means removal from service of a
generating station or a unit thereof including communication system or
element thereof, after it is certified by the Central Electricity Authority or
any other authorized agency, either on its own or on an application made by
the project developer or the beneficiaries or both, that the project cannot be
operated due to non-performance of the assets on account of technological
obsolescence or uneconomic operation or a combination of these factors.
(24) "Deemed Generation" means the energy, which a generating
station was capable of generating but could not generate due to the conditions
of grid or power system beyond the control of generating station resulting
in spillage of water.
(25) "Design Energy" in case of hydro generating station, means the
quantum of energy which can be generated in a 90% dependable year
with 95% installed capacity of the hydro generating station ;
(26) "Existing generating station/project" means a generating
station/project declared under commercial operation from a date prior to
01-04-2018.
(27) "Expenditure Incurred" means the fund, whether the equity or
debt or both, actually deployed and paid in cash or cash equivalent, for
creation or acquisition of a useful asset and does not include commitments
or liabilities for which no payment has been released.
(28) "Financial Year" means a period commencing on 1st April of a
calendar year and ending on 31st March of the subsequent calendar year.
No. 37-3] The J&K Govt. Gazette, 19th Dec., 2016/28th Agra., 1938. 13 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
(29) "Force Majeure" for the purpose of these Regulations means
the event or circumstance or combination of events or circumstances
including those stated below which partly or fully prevents the generating
company to complete the project within the time specified in the Investment
Approval, and only if such events or circumstances are not within the control
the generating company and could not have been avoided, had the generating
company taken reasonable care or complied with prudent utility practices ––
(a) Act of God including lightning, drought, fire and explosion,
earthquake, volcanic eruption, landslide, flood, cyclone,
typhoon, tornado, geological surprises, or exceptionally
adverse weather conditions which are in excess of the
statistical measures for the last hundred years ; or
(b) Any act of war, invasion, armed conflict or act of foreign
enemy, blockade, embargo, revolution, riot, insurrection,
terrorist or military action ; or
(c) Industry-wide strikes and labor disturbances having a
nationwide impact in India.
(30) "Generating Company" means any Company or body corporate
or association or body of individuals, whether incorporated or not, or artificial
juridical person, which owns or operates or maintains a generating station.
(31) "Gross Calorific Value" or "GCV" in relation to a thermal
generating station means the heat produced in kCal by complete combustion
of one kilogram of solid fuel or one litre of liquid fuel or one standard cubic
meter of gaseous fuel, as the case may be.
(32) "Gross Station Heat Rate" or "GHR" means the heat energy
input in kCal required to generate one kWh of electrical energy at generator
terminals of a thermal generating station.
(33) "Generating Station" or "Station" means any station for
generating electricity including any building and plant with step-up 14 The J&K Govt. Gazette, 19th Dec., 2016/28th Agra., 1938. [No. 37-3 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
transformer, switch gear, switch yard, cables or other appurtenant
equipment, if any used for that purpose and the site thereof ; a site intended
to be used for a generating station, and any building used for housing the
operating staff of a generating station, and where electricity is generated
by water, power, includes penstocks, head and tail works, main and regulating
reservoirs, dams and other hydraulic works, but does not in any case include
any sub-station.
(34) "Infirm power" means electricity generated prior to commercial
operation of the unit of a generating station.
(35) "Installed Capacity" means the summation of the name
plate capacities of the units in the generating station or the capacity of the
generating station (reckoned at the generator terminals) as approved by
the Commission from time to time.
(36) "Maximum available capacity" means the following :–
(a) Run-of-river power station with pondage and storage type
power stations. The maximum capacity in MW, the
generating station can generate with all units running, under
the prevailing conditions of water levels and flows over the
peaking hours of next day.
Explanation :–– The peaking hours for this purpose shall not
be less than 3 hours within a 24 hours period.
(b) Purely run-of-river power stations–––
The maximum capacity in MW, the generating station can
generate with all units running, under the prevailing conditions
of water levels and flows over the next day.
(37) "Maximum Continuous Rating" or "MCR" in relation to a unit
of the thermal generating station means the maximum continuous output at No. 37-3] The J&K Govt. Gazette, 19th Dec., 2016/28th Agra., 1938. 15 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
the generator terminals, guaranteed by the manufacturer at rated parameters,
and in relation to a block of a combined cycle thermal generating station
means the maximum continuous output at the generator terminals, guaranteed
by the manufacturer with water/steam injection (if applicable) and corrected
to 50 Hz grid frequency and specified site conditions.
(38) "Normative Annual Plant Availability Factor" or "NAPAF" in
relation to a generating station means the availability factor specified in
Regulation11.4 for thermal generating station and in Regulation12.3 for
hydro generating station.
(39) "Normative Annual Plant Load Factor" or "NAPLF" in relation
to a generating station means the Plant Load Factor specified in Regulation
11.4 for thermal generating station.
(40) "New generating station or new project" means a generating
station or new project achieving COD on or after 1.04.2018.
(41) "Operation and Maintenance Expenses" or "O&M Expenses"
means the expenditure incurred in operation and maintenance of the
generating station, including part thereof, including the expenditure on
manpower, repairs, spares, consumables, insurance and overheads but
excludes fuel expenses and water charges.
(42) "Original Project Cost" means the expenditure incurred by the
generating company, within the original scope of project up to the cut-off
date as admitted by the Commission.
(43) "Plant Availability Factor (PAF)" in relation to a generating station
for any period means the average of the daily Declared Capacities (DCs)
for all the days during that period expressed as a percentage of the installed
capacity in MW reduced by the normative auxiliary energy consumption.
(44) "Plant Load Factor (PLF)" in relation to thermal generating
station or unit for a given period means the total sent out energy 16 The J&K Govt. Gazette, 19th Dec., 2016/28th Agra., 1938. [No. 37-3 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
corresponding to scheduled generation during the period, expressed as a
percentage of sent out energy corresponding to installed capacity in that
period and shall be computed in accordance with the following formula:––
N
PLF = 10000 x ∑SGi/{N x IC x (100-AUXn)}%
i=1
Where,
IC = Installed Capacity of the generating station or unit in MW ;
SGi = Scheduled Generation in MW for the ith time block of the
period ;
N = Number of time blocks during the period ; and
AUXn = Normative Auxiliary Energy Consumption as a percentage
of gross energy generation.
(45) "Primary energy" means the quantum of energy generated up
to design energy on per year basis at the generating station.
(46) "Project" means a generating station and in case of a hydro
generating station includes the complete hydro power generating facility
covering all components such as dam, intake, water conductor systems,
power generating station and generating units of the scheme as apportioned
to power generation, power generating station and generating units of the
scheme, as apportioned to power generation.
(47) "Prudence Check" means scrutiny of reasonableness of capital
expenditure incurred or proposed to be incurred ; financing plan, use of
efficient technology, cost and time over-run and such other factors as may
be considered appropriate by the Commission for determination of tariff.
While carrying out the Prudence Check, the Commission shall look into No. 37-3] The J&K Govt. Gazette, 19th Dec., 2016/28th Agra., 1938. 17 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
whether the generating company has been careful in its judgments and
decisions and vigilant in executing the project.
(48) "Pumped storage hydro generating station" means a hydro
station which generates power through energy stored in the form of water
energy, pumped from a lower elevation reservoir to a higher elevation
reservoir.
(49) "Run-of-river power station" means a hydroelectric power
generating station which has no upstream pondage.
(50) "Run-of-river power station with pondage" means a
hydroelectric power generating station with sufficient pondage for meeting
the diurnal variation of power demand.
(51) "Saleable Primary energy" means the quantum of primary energy
available for sale (ex-bus) after allowing for free energy to the home state,
if any.
(52) "Saleable Secondary energy" means the quantum of secondary
energy available for sale (ex-bus) after allowing for free energy to the
home state, if any.
(53) "Secondary energy" means the quantum of energy generated
in excess of the design energy on per year basis at the station.
(54) "Scheduled Commercial Operation Date or SCOD" shall mean
the date(s) of commercial operation of a generating station or generating
unit or block thereof or as indicated in the Investment Approval or as agreed
in power purchase agreement, whichever is earlier.
(55) "Scheduled energy" means the quantum of energy scheduled
by the concerned Load Dispatch Centre to be injected into the grid by a
generating station over a day.
(56) "Scheduled Generation" or "SG" at any time or for any period
or time-block means schedule of generation in MW or MWh ex-bus, given
by the State Load Despatch Centre.
18 The J&K Govt. Gazette, 19th Dec., 2016/28th Agra., 1938. [No. 37-3 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
Note :—For the open cycle gas turbine generating station or a combined
cycle generating station if the average frequency for any time-
block, is below 49.52 Hz but not below 49.02 Hz and the scheduled
generation is more than 98.5% of the declared capacity, the
scheduled generation shall be deemed to have been reduced to
98.5% of the declared capacity, and if the average frequency for
any time-block is below 49.02 Hz and the scheduled generation
is more than 96.5% of the declared capacity, the scheduled
generation shall be deemed to have been reduced to 96.5% of
the declared capacity.
(57) "Small Gas Turbine Generating Station" means and includes
open cycle gas turbine or combined cycle generating stations with gas
turbines in the capacity range of 50 MW or below.
(58) "State" means the State of Jammu and Kashmir.
(59) "Small gas turbine generating station" means and includes open
cycle gas turbine or combined cycle generating stations with gas turbines
having capacity of 50 MW or below.
(60) "Start Date or Zero Date" means the date indicated in the
Investment Approval for commencement of implementation of the project
and where no date has been indicated, the date of investment approval
shall be deemed to be Start Date or Zero Date.
(61) "Storage type power station" means a hydroelectric power
generating station associated with large storage capacity to enable variation
of generation of power according to demand.
(62) "State Government" means the Government of Jammu and
Kashmir.
(63) "Tariff" shall mean the schedule of charges for generation and
bulk supply of electricity together with terms and conditions applicable
thereof ;
No. 37-3] The J&K Govt. Gazette, 19th Dec., 2016/28th Agra., 1938. 19 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
(64) "Tariff Period" shall mean the period from 1st April, 2018 and
up to 31st March, 2021 for which Tariff is determined by the Commission
under these Regulations.
(65) "Trial Run and Trial Operation" Trial Run in relation to generating
station or unit thereof shall mean the successful running of the generating
station or unit thereof at maximum continuous rating or installed capacity
for continuous period of 72 hours in case of unit of a thermal generating
station or unit thereof and 12 hours in case of a unit of a hydro generating
station or unit thereof :
Provided that where the beneficiaries have been tied up for purchasing
power from the generating station, the trial run shall commence after seven
days' notice by the generating company to the beneficiaries.
(66) "Unit" in relation to a thermal generating station other than
combined cycle thermal generating station means steam generator, turbine
generator and auxiliaries, or in relation to a combined cycle thermal
generating station, means turbine generator and auxiliaries ; and in relation
to a hydro generating station means turbine generator and its auxiliaries.
(67) "Useful life" in relation to a unit of a generating station from the
COD shall mean the following, namely :—
(i) Coal/Lignite based thermal generating station - 25 years ;
(ii) Gas/Liquid fuel based thermal generating station - 25
years ; and
(iii) Hydro generating station - 35 years.
(68) "Year" means a financial year.
4. Words or expressions used in these regulations and not defined
herein but defined in the Jammu and Kashmir Electricity Act, 2010 shall
have the meaning assigned to them in the Act.
20 The J&K Govt. Gazette, 19th Dec., 2016/28th Agra., 1938. [No. 37-3 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
5. All proceedings under these regulations shall be governed by the
Conduct of Business Regulations.
6. Tariff determination for associated transmission network/
lines.––
6.1 The tariff for the associated transmission network/lines of
the generating stations shall be governed by the JKSERC
(Terms and Conditions for Determination of Transmission
Tariff) Regulations, 2012.
7. Norms of operation to be threshold norms.––
7.1 For removal of doubts, it is clarified that the norms of operation
specified under these Regulations are the threshold norms
and this shall not preclude the generating company and
Beneficiaries from agreeing to improved norms of operation
and in such case the improved norms shall be applicable for
the determination of tariff :
Provided if Power Purchase Agreement between generating
company and the beneficiary stipulates better norms of
operation, then such norms provided in the Power Purchase
Agreement shall be considered for the determination of tariff
PART-II
Tariff Framework and Guiding Principles for Multi Year Tariff
(MYT) Framework
8. Tariff framework.––
8.1 The Commission shall adopt Multi Year Tariff framework
for approval of ARR and Tariff during the Control
Period.
No. 37-3] The J&K Govt. Gazette, 19th Dec., 2016/28th Agra., 1938. 21 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
8.2 Accordingly, the Control Period shall commence from
1st April, 2018 and shall extend till 31st March, 2021. ARR
filings for the Control Period shall be done in accordance
with the MYT framework contained in these
Regulations ;
Multi Year Tariff Framework for the Control Period
(FY 2018-19 to FY 2020-21)
8.3 The generating company shall file MYT application and other
documents with the Commission as per the timelines specified
in Regulation 18 of these Regulations.
The Application shall include statements containing
Aggregate Revenue Requirement (ARR) for the previous
year, base year and the projections for Control Period. The
information for the previous year should be based on audited
accounts.
8.4 The Guiding Principles for MYT framework are described
in Regulation 9 of these Regulations.
8.5 The principles for determination of ARR for the Control
Period are described in Part-III of these Regulations and
the procedure for annual filing during the control period is
laid down in Part-IV of these Regulations.
9. Guiding Principles for MYT framework.––
9.1 The Commission in specifying these Regulations shall be
guided by the principles contained in Sections 55 and 56 of
the Act to encourage competition, efficiency, economical use
of resources, good performance and optimum
investments.
22 The J&K Govt. Gazette, 19th Dec., 2016/28th Agra., 1938. [No. 37-3 ––––––––––––––––––––––––––––––––––––––––––––––—–––————— 9.2 The Multi Year Tariff framework shall be based on the
following :–––
(a) Business Plan of the generating company (plant-wise
separately) for the entire Control Period to be
submitted to the Commission for approval, prior to the
start of the Control Period ;
(b) Applicant's forecast of expected tariff for sale of power
for each year of the Control Period, based on reasonable
assumptions of the underlying financial and
operational parameters, as submitted in the Business
Plan ;
(c) Trajectory for specific parameters stipulated by the
Commission, where the performance of the Applicant
is sought to be improved through incentives and
disincentives ;
(d) Annual review of performance which shall be
conducted vis-à-vis the approved forecast.
Base Year.––
9.3 The values for the Base Year of the Control Period will be
determined based on the audited accounts available, best
estimate for the relevant years and other factors considered
relevant by the Commission, and after applying the tests for
determining the controllable or uncontrollable nature of
various items.
9.4 The Commission will normally not revisit the performance
targets even if the targets are fixed on the basis of base
values of un-audited accounts.
No. 37-3] The J&K Govt. Gazette, 19th Dec., 2016/28th Agra., 1938. 23 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
Business Plan.––
9.5 The generating company shall file for the Commission's
approval, a Business Plan approved by the Board of
Directors as per the timelines specified in Section 18 of these
Regulations. The Business Plan shall be for the entire Control
Period and shall, inter alia, contain :
(a) Capital Investment Plan : This shall include details
of the investments planned by the generating company,
along with the corresponding capitalisation schedule
and financing plan. This plan shall be commensurate
with capacity enhancement and proposed efficiency
improvements for various plants of the Company and
shall include cost benefit analysis ;
(b) Capital Structure : The generating company shall
submit plant-wise details of the capital structure and
cost of financing (interest on debt) and return on equity,
after considering the existing market conditions, terms
of the existing loan agreements, risks associated in
generation business and creditworthiness ;
(c) Operation and Maintenance (O&M) expenses :
This shall include the costs estimated for the Base Year,
the actual expenses incurred in the previous five years
and the projected values for each year of the Control
Period based on the proposed norms for O&M
cost, including indexation and other appropriate
mechanisms ;
(d) Depreciation : This shall include details of depreciation
based on the fair life of the asset and capitalisation
schedules for each year of the Control Period ;
24 The J&K Govt. Gazette, 19th Dec., 2016/28th Agra., 1938. [No. 37-3 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
(e) Performance Targets : A set of targets proposed
for other controllable items such as NAPAF, NAPLF,
Station Heat Rate, Secondary Fuel Oil Consumption,
and Auxiliary Power Consumption. The targets shall
be consistent with the Capital Investment Plan
proposed by the generating company ;
(f) Power Sale Arrangement : The generating company
shall submit the power sale arrangement in respect of
new projects. For renovation and modernization
schemes and all schemes meant for efficiency gain,
cost benefit analysis and expected performance targets
shall be required ;
(g) Other Information : This shall include any other
details considered appropriate by the generating
company for consideration during determination of
tariff.
Capital Investment Plan.––
9.6 Subject to the provisions of Act, Rules and Policies, the
Commission shall approve capital investment plan of the
generating company for the Control Period commensurate
with generation capacity growth. The investment plan shall
also include corresponding capitalisation schedule and
financing plan.
9.7 The Commission shall review the actual capital investment
at the end of each year of the Control Period as a part of the
Annual Performance Review of the generating company.
The generating company shall submit the actual capital
expenditure incurred along with the Annual Performance
Review Filing. In the normal course, the Commission shall
not revisit the approved capital investment plan (capital
expenditure and capitalisation schedule) during the Control No. 37-3] The J&K Govt. Gazette, 19th Dec., 2016/28th Agra., 1938. 25 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
Period and adjustment to depreciation and financing cost,
which includes cost of debt (interest), working capital
interest, cost of equity (return) for the actual capital
expenditure incurred and capitalisation vis-à-vis approved
capital investment plan (capital expenditure and
capitalisation) shall be done at the end of Control Period.
9.8 In case the capital expenditure is required for emergency
work which has not been approved in the Capital Investment
Plan, the generation company shall submit an application
(containing all relevant information along with reasons
justifying emergency nature of the proposed work seeking
approval by the Commission. The Licensee shall take up
the work prior to the approval of the Commission provided
that the emergency nature of the scheme has been certified
by the Board of Directors :
Provided that for the purpose of the Regulation 9.8 above,
such approved capital expenditure shall be treated as a part
of actual capital expenditure incurred to the generation
company as well as the approved capital expenditure by the
Commission.
Performance Targets.––
9.9 The Commission shall set targets for each year of the Control
Period for the items or parameters that are deemed to be
"controllable" and which includes :
(a) Gross Station Heat Rate ;
(b) Normative Annual Plant Availability Factor/ Normative
Annual Plant Load Factor ;
(c) Auxiliary Energy Consumption ;
26 The J&K Govt. Gazette, 19th Dec., 2016/28th Agra., 1938. [No. 37-3 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
(d) Secondary Fuel Oil Consumption ;
(e) Operation and Maintenance Expenses;
(f) Financing cost which includes cost of debt (interest),
cost of equity (return) ; and
(g) Depreciation.
9.10 Any financial loss on account of underperformance on targets
for parameters specified in Regulation 9.9 (a) to (e) is not
recoverable through tariffs. Similarly, any financial gain on
account of over-performance with respect to these
parameters is to the generating company's benefit and shall
not be adjusted in Tariffs.
9.11 The Commission shall carry out Truing-Up of tariff of
generating station based on the performance of following
uncontrollable parameters:
(a) Force Majeure ;
(b) Change in Law ; and
(c) Primary Fuel Cost.
True-Up during Control Period.––
9.12 The True-Up across various controllable parameters shall
be conducted as per principles stated below :
(a) any surplus and deficit on account of O&M expenses
shall be to the account of the generating company and
shall not be trued up in ARR ; and
No. 37-3] The J&K Govt. Gazette, 19th Dec., 2016/28th Agra., 1938. 27 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
(b) at the end of the control period––
i. The Commission shall review actual capital
investment vis-à-vis approved capital investment ;
ii. Depreciation and financing cost, which includes
cost of debt including working capital (interest),
cost of equity (return) shall be trued up on the basis
of actual/audited information and prudence check
by the Commission.
9.13 Notwithstanding anything contained in these Regulations, the
gains or losses in the controllable items of ARR on account
of force majeure factors shall be passed on as an additional
charge or rebate in ARR over such period as may be laid
down in the order of the Commission.
PART-III
Application for Determination of Tariff
10. Principles for determination of tariff.––
Existing Generating Station :
10.1 Where the Commission has, at any time prior to the
notification of these Regulations, adopted or approved the
tariff contained therein for supply of electricity from an
existing generating station on the basis of a Power Purchase
Agreement or arrangement, the tariff for the supply of
electricity by the Generating Company to the Beneficiary
shall henceforth, in the Control Period, be decided in
accordance with these Regulations :
Provided that where the Commission has approved a Power
Purchase Agreement (PPA) or arrangement between a 28 The J&K Govt. Gazette, 19th Dec., 2016/28th Agra., 1938. [No. 37-3 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
Generating Company and a Beneficiary, the supply of
electricity by the Generating Company to the Beneficiary
shall be decided in accordance with such PPA or
arrangement for such a period as may be approved or
adopted by the Commission, to the extent of existing installed
Capacity as contained in the PPA or arrangement :
Provided further that the Regulation or provisions stated in
this Regulation is in line with the Regulation and provisions
of "Norms of Operation to be Threshold Norms" of these
Regulations.
10.2 In case of the existing projects, the generating company,
may be allowed tariff by the Commission based on the
admitted capital cost as on 31.3.2018 and projected additional
capital expenditure for the respective years of the tariff
period 2018-19 to 2020-21 in accordance with these
Regulations :
Provided that :
(a) where the capital cost considered in tariff by the
Commission on the basis of projected capital cost as
on COD or the projected additional capital expenditure
exceeds the actual capital cost incurred on year to
year basis by more than 5%, the generating company
shall refund to the beneficiaries, the excess tariff
recovered corresponding to excess capital cost, as
approved by the Commission alongwith interest at 1.20
times of the J&K Bank base rate as prevalent on
1st April of respective year :
(b) where the capital cost considered in tariff by the
Commission on the basis of falls short of the actual
capital cost incurred on year to year basis by more No. 37-3] The J&K Govt. Gazette, 19th Dec., 2016/28th Agra., 1938. 29 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
than 5%, the generating company shall be entitled to
recover from the beneficiaries, the shortfall in tariff
corresponding to reduction in capital cost, as approved
by the Commission alongwith interest at 0.80 times of
J&K Bank base rate as prevalent on 1st April of
respective year.
New Generating Station :
10.3 Where the generating station has been declared under
commercial operation from the date of issue of these
Regulations or on or after April 1, 2018, the tariff for supply
of electricity by the generating company shall be decided in
accordance with these Regulations.
10.4 The generating company may make an application for
determination of tariff for new generating station or unit
thereof in accordance with these Regulations, in respect of
the generating station or generating units thereof within 180
days of the anticipated date of commercial operation.
10.5 In case of the new projects, the generating company, may
be allowed tariff by the Commission based on the projected
capital expenditure from the anticipated COD in accordance
with these Regulations :
Provided that :
(a) if the date of commercial operation is delayed beyond
180 days from the date of issue of tariff order, the
tariff granted shall be deemed to have been withdrawn
and the generating company shall be required to file a
fresh application for determination of tariff after the
date of commercial operation of the project ;
30 The J&K Govt. Gazette, 19th Dec., 2016/28th Agra., 1938. [No. 37-3 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
(b) where the capital cost considered in tariff by the
Commission on the basis of projected capital cost as
on COD or the projected additional capital expenditure
exceeds the actual capital cost incurred on year to
year basis by more than 5%, the generating company
shall refund to the beneficiaries, the excess tariff
recovered corresponding to excess capital cost, as
approved by the Commission alongwith interest at 1.20
times of the J&K Bank base rate as prevalent on 1st
April of respective year ;
(c) where the capital cost considered in tariff by the
Commission on the basis of falls short of the actual
capital cost incurred on year to year basis by more
than 5%, the generating company shall be entitled to
recover from the beneficiaries, the shortfall in tariff
corresponding to reduction in capital cost, as approved
by the Commission alongwith interest at 0.80 times of
J&K Bank base rate as prevalent on 1st April of
respective year.
10.6. Tariff Determination.––
(1) The tariff in respect of a generating station under these
Regulations shall be determined stage-wise, unit-wise
or for the whole generating station.
(2) For the purpose of tariff, the capital cost of the project
shall be broken up into stages and by distinct units
forming part of the project. Where the stage-wise or
unit-wise break-up of the capital cost is not available
and in case of on-going projects, the common facilities
shall be apportioned on the basis of the installed capacity
of the units. In relation to multipurpose hydroelectric No. 37-3] The J&K Govt. Gazette, 19th Dec., 2016/28th Agra., 1938. 31 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
projects, with irrigation, flood control and power
components, the capital cost chargeable to power
component to the project only shall be considered for
determination of tariff.
(3) The developer of a hydroelectric project, including
Pumped Storage Plant (PSP), would have the option
of getting the tariff determined by the Commission for
the power to be sold through long term Power Purchase
Agreements (PPAs) on the basis of performance based
cost of service regulations if the following conditions
are fulfilled :–––
(a) The Commission is satisfied that the project site
has been allotted to the developer by the State
Government after following a transparent two stage
process. The first stage should be for
prequalification on the basis of criteria of financial
strength, past experience of developing
infrastructure projects of similar size, past track
record of developing projects on time and within
estimated costs, turnover and ability to meet
performance guarantee etc. In the second stage,
bids are to be called on the basis of quantifiable
parameter, such as, additional free power in excess
of percentage of free power, as notified by the
State Government, equity participation offered to
the State Government, or any other parameter to
be notified by the State Government from time to
time ;
(b) Concurrence of CEA (if required under Section 8
of the Act), financial closure, award of work and
long term Power Purchase Agreement (PPA) 32 The J&K Govt. Gazette, 19th Dec., 2016/28th Agra., 1938. [No. 37-3 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
(of the duration of 35 years or more) of the capacity
specified in (c) below with distribution licensees
are completed by 15-08-2022 ;
(c) Long term PPA is firmed up for 60% or more of
the total saleable design energy, balance being
allowed for merchant sale ;
Provided that distribution licensees can extend the
duration of long term PPA beyond 35 years for a
further period of 15 years at the existing terms
and conditions subject to the approval of
Appropriate Commission :
Provided further that nothing contained in this
Regulation shall apply to Pumped Storage Plants
(PSP) ;
(d) The time period for commissioning of all the units
of the project shall ordinarily be fixed at four years
from the date of approval of the commissioning
schedule by the Commission. However, the
Commission may, after recording reasons in
writing, fix longer time period for hydroelectric
projects (reservoir as well as run-of- river projects)
of more than 100 MW capacity. Agreed timelines
to achieve the fixed commissioning schedule along
with penalty for delay shall be decided by the
Commission. The Commission shall allow pass
through the Interest During Construction (IDC)
and Financing Cost (FC) only up to the period of
delay not attributable to the developer. The
approval of CEA, wherever required as per Section
8 of the Act, shall be sought ;
No. 37-3] The J&K Govt. Gazette, 19th Dec., 2016/28th Agra., 1938. 33 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
(e) Award of contracts for supply of equipment and
construction of the project, either through a turnkey
or through well defined packages, are done on the
basis of international competitive bidding.
(4) Notwithstanding anything contained in Paras (3) above,
the developers of hydroelectric projects of more than
100 MW design capacity for which sites have been
awarded earlier by following a transparent process and
on the basis of pre-determined set of criteria would
have the option of getting the tariff determined by the
Appropriate Commission for the power to be sold
through long term PPA on the basis of cost plus under
Section 56 of the Act.
In case of projects covered under Paras (3) and (4),
the Commission shall determine tariff ensuring the
following :–––
i. Any expenditure incurred or committed to be
incurred by the project developer for getting project
site allotted (except free power as notified) would
neither be included in the project cost, nor any such
expenditure shall be passed through in tariff ;
ii. The project cost shall include the cost of the
approved R&R plan of the project which shall be
in conformity with the State Rehabilitation and
Resettlement Policy currently in force. In case no
such policy has been notified by the State
Government, then the R&R plan shall be
formulated in the light of National R&R policy ;
iii. Annual fixed charges shall be taken pro-rata to
the saleable design energy tied up on the basis of 34 The J&K Govt. Gazette, 19th Dec., 2016/28th Agra., 1938. [No. 37-3 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
long term PPAs with respect to total saleable
design energy. The total saleable design energy
shall be arrived at by deducting the following from
the design energy at the bus bar :–––
(a) Free power as may be notified by the State
Government from time to time for the host
State and percentage for contribution towards
Local Area Development Fund as may be
constituted by the State Government. This free
power may be suitably staggered as decided
by the State Government.
Energy to be provided free of cost every
month to every Project Affected Family as
may be notified by the State Government to
be offered through the concerned distribution
licensee in the designated resettlement area/
projects area for a period of ten years from
the date of commissioning.
Capital Cost of the Project.––
10.7 Capital cost for a Project shall include,–––
(a) the expenditure incurred or projected to be incurred,
including interest during construction, IEDC and
financing charges on the loan - (i) being equal to 70%
of the funds deployed, in the event of the actual equity
in excess of 30% of the funds deployed, by treating
the excess equity as normative loan, or (ii) being equal
to the actual amount of loan in the event of the actual
equity less than 30% of the funds deployed,–up to the No. 37-3] The J&K Govt. Gazette, 19th Dec., 2016/28th Agra., 1938. 35 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
date of commercial operation of the project, as admitted
by the Commission after prudence check shall form
the basis for determination of tariff :
Provided that the foreign exchange variation risk shall
not be a pass through. However, appropriate costs of
hedging and swapping to take care of foreign exchange
variations shall be allowed for debt obtained in foreign
currencies. This provision would be relevant only for
the projects where tariff has not been determined on
the basis of competitive bids.
(b) Interest During Construction (IDC) :
i. Interest during construction shall be computed
corresponding to the loan from the date of infusion
of debt fund, and after taking into account the
prudent phasing of funds up to SCOD.
ii. In case of additional costs on account of IDC due
to delay in achieving the SCOD, the generating
company shall be required to furnish detailed
justifications with supporting documents for such
delay including prudent phasing of funds :
Provided that if the delay is not attributable to the
generating company and is due to uncontrollable
factors as specified in Regulation 9.10, IDC may
be allowed after due prudence check :
Provided further that only IDC on actual loan may
be allowed beyond the COD to the extent, the
delay is found beyond the control of generating
company after due prudence and taking into
account prudent phasing of funds.
36 The J&K Govt. Gazette, 19th Dec., 2016/28th Agra., 1938. [No. 37-3 ––––––––––––––––––––––––––––––––––––––––––––––—–––————— (c) Incidental Expenditure During Construction (IEDC) :
i. Incidental expenditure during construction shall be
computed from the zero date and after taking into
account pre-operative expenses up to SCOD :
Provided that any revenue earned during
construction period up to SCOD on account of
interest on deposits or advances, or any other
receipts may be taken into account for reduction
in incidental expenditure during construction.
ii. In case of additional costs on account of IEDC
due to delay in achieving the SCOD, the generating
company shall be required to furnish detailed
justification with supporting documents for such
delay including the details of incidental expenditure
during the period of delay and liquidated damages
recovered or recoverable corresponding to the
delay :
Provided that if the delay is not attributable to the
generating company and is due to uncontrollable
factors as specified in Regulation 9.11, IEDC may
be allowed after due prudence check :
Provided further that where the delay is attributable
to an agency or contractor or supplier engaged by
the generating company, the liquidated damages
recovered from such agency or contractor or
supplier shall be taken into account for computation
of capital cost.
iii. In case the time over run beyond SCOD is not
admissible after due prudence, the increase of No. 37-3] The J&K Govt. Gazette, 19th Dec., 2016/28th Agra., 1938. 37 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––——— capital cost on account of cost variation
corresponding to the period of time over run may
be excluded from capitalization irrespective of
price variation provisions in the contracts with
supplier or contractor of the generating company.
(d) capitalised initial spares subject to the ceiling norms
specified as under:
Initial spares shall be capitalized as a percentage of
the plant and machinery cost up to cut-off date, subject
to following ceiling norms :
i. Coal-based/lignite fired thermal generating
stations––4.0%
ii. Gas Turbine/Combined Cycle thermal generating
stations––4.0%
iii. Hydro Generating stations––4.00% :
Provided that where the benchmark norms for initial
spares have been published as part of the
benchmark norms for capital cost under first
proviso to Regulation10.8, such norms shall apply
to the exclusion of the norms specified herein.
(e) additional capital expenditure determined under
Regulation10.9 and 10.10 of these Regulations :
Provided that the assets forming part of the project,
but not in use shall be taken out of the capital cost.
10.8 The capital cost admitted by the Commission after prudence
check shall form the basis for determination of tariff :
Provided that in case of the thermal generating station
prudence check of capital cost may be carried out based on 38 The J&K Govt. Gazette, 19th Dec., 2016/28th Agra., 1938. [No. 37-3 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
the benchmark norms specified by the Central Commission
from time to time :
Provided further that in cases where benchmark norms have
not been specified by the Central Commission, the
Commission may specify the benchmark norms or allow the
capital cost on the basis of a prudence check which shall
include scrutiny of the reasonableness of the capital
expenditure, financing plan, interest during construction,
incidental expenditure during construction, use of efficient
technology, cost over-run and time over run, and such other
matters as may be considered appropriate by the Commission
for determination of tariff :
Provided that the capital cost with respect to thermal
generating station, incurred or projected to be incurred on
account of the Perform, Achieve and Trade (PAT) scheme
of Government of India will be considered by the
Commission on case to case basis and shall include,––
(a) cost of plan proposed by developer in conformity with
norms of PAT Scheme ; and
(b) sharing of the benefits accrued on account of PAT
Scheme :
Provided also that the Commission may issue guidelines
for vetting of capital cost of hydroelectric projects by
independent agency or expert and in that event the
capital cost as vetted by such agency or expert may be
considered by the Commission while determining the
tariff for the hydro generating station :
Provided also that in case the site of a hydro generating
station is awarded to a developer (not being a State No. 37-3] The J&K Govt. Gazette, 19th Dec., 2016/28th Agra., 1938. 39 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
controlled or owned company), by a State Government
by following a two stage transparent process of bidding,
any expenditure incurred or committed to be incurred
by the project developer for getting the project site
allotted shall not be included in the capital cost :
Provided also that the capital cost in case of such hydro
generating station shall include cost of approved
Rehabilitation and Resettlement (R&R) plan of the
project :
Provided also that where the power purchase agreement
entered into between the Generating Company and the
Beneficiaries, provides for a ceiling of actual
expenditure, the capital expenditure admitted the
Commission shall take into consideration such ceiling
for determination of tariff :
Provided also that in case of the existing projects the
additional capital expenditure projected to be incurred
for the ensuing year shall form the basis for
determination of tariff during control period the capital
cost admitted by the Commission prior to 01.04.2018
and the additional capital expenditure projected to be
incurred for respective year of the control period, as
may be admitted by the Commission, shall form the
basis for determination of tariff.
Additional Capitalization.––
10.9 The capital expenditure incurred or projected to be incurred,
on the following counts within the original scope of work,
after the date of commercial operation and up to the cut-off 40 The J&K Govt. Gazette, 19th Dec., 2016/28th Agra., 1938. [No. 37-3 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
date may be admitted by the Commission, subject to prudence
check :—
(i) Undischarged liabilities recognized to be payable at a
future date ;
(ii) Works deferred for execution ;
(iii) Procurement of initial capital spares within the original
scope of work, subject to the provisions under
Regulations10.7 and 10.8 ;
(iv) Liabilities to meet award of arbitration or for compliance
of the order or decree of a court ; and
(v) Change in law :
Provided that the details of works asset-wise/work-
wise included in the original scope of work along with
estimates of expenditure, undischarged liabilities
and the works deferred for execution shall be submitted
along with the application for determination of
tariff.
10.10 The capital expenditure incurred on the following counts after
the cut-off date may, in its discretion, be admitted by the
Commission, subject to prudence check :—
(i) Liabilities to meet award of arbitration or for compliance
of the order or decree of a court ;
(ii) Change in law ;
(iii) Deferred works relating to ash pond or ash handling
system in the original scope of work ;
No. 37-3] The J&K Govt. Gazette, 19th Dec., 2016/28th Agra., 1938. 41 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
(iv) Any additional works/services which have become
necessary for efficient and successful operation of the
generating station, but not included in the original project
cost ;
(v) Any liability for works executed prior to the cut-off
date, after prudence check of the details of such
undischarged liability, total estimated cost of package,
reasons for such withholding of payment and release
of such payments etc ;
(vi) Impact of additional capitalization in tariff revision
may be considered by the Commission twice in a tariff
period, including revision of tariff after the cut-off
date ;
(vii) Any capital expenditure found justified after prudence
check necessitated on account of modifications required
or done in fuel receiving system arising due to non-
materialisation of coal supply corresponding to full coal
linkage in respect of thermal generating station as result
of circumstances not within the control of the
generating station ;
(viii) In case of hydro generating stations, any expenditure
which has become necessary on account of damage
caused by natural calamities (but not due to flooding of
power house attributable to the negligence of the
generating company) including due to ecological reasons
after adjusting for proceeds from any insurance scheme,
and expenditure incurred due to any additional work
which has become necessary for successful and
efficient plan operation :
Provided that in respect Sub-Regulation (vii) above,
any expenditure on acquiring the minor items or the 42 The J&K Govt. Gazette, 19th Dec., 2016/28th Agra., 1938. [No. 37-3 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
assets like tools and tackles, furniture, air conditioners,
voltage stabilizers, refrigerators, coolers, fans, washing
machine, heat convectors, mattresses, carpets etc.
brought after the cut-off date shall not be considered
for additional capitalization for determination of tariff
w. e. f. 01-04-2018 for the control period :
Provided also that if any expenditure has been claimed
under Renovation and Modernization (R&M), Life
Extension, repairs and maintenance under (O&M)
expenses and Compensation Allowance, same
expenditure cannot be claimed under this regulation.
Any expenditure admitted on account of committed
liabilities within the original scope of work and the
expenditure deferred on techno-economic grounds but
falling within the original scope of work shall be serviced
in the normative debt-equity ratio arrived at in the
manner indicated in debt-equity ratio computation.
Any expenditure on replacement of old assets shall be
considered after writing off the gross value of the
original assets from the original capital cost, except such
items as are listed under additional capitalization
computation of this Regulation.
Any expenditure admitted by the Commission for
determination of tariff on account of new works not in
the original scope of work shall be serviced in the
normative debt-equity ratio specified in debt-equity ratio
computation.
No. 37-3] The J&K Govt. Gazette, 19th Dec., 2016/28th Agra., 1938. 43 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
Renovation and Modernization.––
10.11 The generating company, for meeting the expenditure on
Renovation and Modernization (R&M) for the purpose of
extension of life beyond the useful life of the generating
station or a unit thereof, shall make an application before
the Commission for approval of the proposal with a Detailed
Project Report giving complete scope, justification, cost
benefit analysis, estimated life extension from a reference
date, financial package, phasing of expenditure, schedule of
completion, reference price level, estimated completion cost
including foreign exchange component, if any, record of
consultation with beneficiaries and any other information
considered to be relevant by the generating company.
10.12 Where the generating company, makes an application for
approval of R&M proposal, the approval shall be granted
after due consideration of reasonableness of the cost
estimates, financing plan, schedule of completion, interest
during construction, use of efficient technology, cost benefit
analysis, and such other factors as may be considered
relevant by the Commission.
10.13 Any expenditure incurred or projected to be incurred and
admitted by the Commission after prudence check based on
the estimates of renovation and modernization expenditure
and life extension, and after deducting the accumulated
depreciation already recovered from the original project cost,
shall form the basis for determination of tariff :
Provided that the Commission may revise the plant specific
performance norms in order to share the benefits of
efficiency improvement on account of renovation and
modernisation between the generator and the beneficiaries.
44 The J&K Govt. Gazette, 19th Dec., 2016/28th Agra., 1938. [No. 37-3 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
Special allowance for coal-based thermal generating
stations.
10.14 The generating company in case of coal-based thermal
generating station, may, in its discretion, avail of a 'special
allowance' either for a unit or a group of units as compensation
for meeting the requirement of expenses including renovation
and modernization beyond the useful life of the generating
station or a unit thereof, and in such an event revision of the
capital cost shall not be considered and the applicable
operational norms shall not be relaxed but the special
allowance shall be included in the annual fixed cost :
Provided also that such option shall not be available for a
generating station or unit for which renovation and
modernization has been undertaken and the expenditure has
been admitted by the Commission before commencement
of these Regulations, or for a generating station or unit which
is in a depleted condition or operating under relaxed
operational and performance norms.
10.15 A generating company (coal-based/lignite fired thermal
generating station) on opting for the alternative in the
Regulation10.14, shall be allowed special allowance at the
rates as approved by the Central Commission from time-
time, unit-wise from the next financial year from the
respective date of the completion of useful life with reference
to the date of commercial operation of the respective unit of
generating station.
In the event of granting special allowance by the
Commission, the expenditure incurred or utilized from special
allowance shall be maintained separately by the generating
station and details of same shall be made available to the
Commission as and when directed to furnish details of such
expenditure.
No. 37-3] The J&K Govt. Gazette, 19th Dec., 2016/28th Agra., 1938. 45 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
Sale of Infirm Power
10.16 Supply of infirm power shall be accounted as Deviation and
paid for from the regional deviation settlement fund accounts
in accordance with the Central Electricity Regulatory
Commission (Deviation Settlement Mechanism and Related
Matters) Regulations, 2014, as amended from time to time
or any subsequent re-enactment thereof :
Provided that any revenue earned by the Generating
Company from sale of infirm power after accounting for
the fuel expenses shall be applied for reduction in capital
cost.
Debt-Equity Ratio
10.17 In case of the generating station declared under commercial
operation prior to 01.04.2018, debt-equity ratio allowed by
the Commission for determination of tariff for the period
ending 31.03.2018 shall be considered for determination of
tariff.
10.18 For the project declared under commercial operation on or
after 01.04.2018, if the equity actually deployed is more than
30% of the capital cost, equity in excess of 30% shall be
treated as normative loan :
Provided that where equity deployed is less than 30% of
capital cost, the actual equity shall be considered for
determination of tariff :
Provided further that the equity invested in foreign currency
shall be designated in Indian rupees on the date of each
investment :
46 The J&K Govt. Gazette, 19th Dec., 2016/28th Agra., 1938. [No. 37-3 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
Explanation :—The premium, if any, raised by the
generating company, while issuing share
capital and investment of internal
resources created out of its free reserve,
for the funding of the project, shall be
reckoned as paid up capital for the
purpose of computing return on equity,
provided such premium amount and
internal resources are actually utilized
for meeting the capital expenditure of
the generating station :
Provided, further that any consumer contribution, deposit
work and grant obtained for the execution of the project
shall not be considered as part of the capital structure for
the purpose of computation of normative debt equity.
Return on Equity
10.19 Return on equity shall be computed in rupee terms, on the
equity base determined in accordance with Regulation10.17.
10.20 Return on equity shall be computed on pre-tax basis at the
base rate of 15.50% for thermal generating stations and run
of the river hydro generating station, and at the base rate of
16.50% for the storage type hydro generating stations
including pumped storage hydro generating stations and run
of river generating station with pondage, to be grossed up as
per Regulation 10.21 :
Provided that return on equity with respect to the actual
base rate applicable to the Generating Company, in line with
the performance of the respective generating station for the
respective year during the Control Period shall be trued up
separately for each year of the Control Period along with
the tariff petition filed for the next Control Period :
No. 37-3] The J&K Govt. Gazette, 19th Dec., 2016/28th Agra., 1938. 47 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
Provided that in case of Projects commissioned on or
after 1st April, 2018, an additional return of 0.5% shall be
allowed if such projects are completed within the timeline
specified in the Capital Investment plan approved by the
Commission :
Provided the rate of return of a new project shall be reduced
by 1% for such period as may be decided by the Commission,
if the generating station is found to be declared under
commercial operation without commissioning of any of the
Restricted Governor Mode Operation (RGMO)/ Free
Governor Mode Operation (FGMO), data telemetry,
communication system up to load dispatch centre or
protection system.
As and when any of the above requirements are found
lacking in a generating station based on the report submitted
by the respective SLDC, RoE shall be reduced by 1% for
the period for which the deficiency continues.
10.21 The rate of return on equity shall be computed by grossing
up the base rate with the normal applicable tax rate for the
year FY 2018-19 applicable to the generating company :
Provided that return on equity with respect to the actual tax
rate applicable to the generating company, in line with the
provisions of the relevant Finance Acts of the respective
year during the Control Period shall be Trued-Up separately
for each year of the Control Period along with the Tariff
Petition filed for the next Control Period.
10.22 Rate of return on equity shall be rounded off to three decimal
points and be computed as per the formula given below :
Rate of pre-tax return on equity = Base rate / (1-t) 48 The J&K Govt. Gazette, 19th Dec., 2016/28th Agra., 1938. [No. 37-3 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
Where "t" is the applicable tax rate in accordance with
Regulation 10.21.
Illustration-
(i) In case of generating company paying Minimum
Alternate Tax (MAT) @ 20.96% including
surcharge and cess :
Rate of pre-tax return on equity = 15.50/ (1-
0.2096) =19.610%
(ii) In case of generating company paying normal
corporate tax @ 33.99% including surcharge and
cess :
Rate of pre-tax return on equity = 15.50/
(1-0.3399) = 23.481%.
Provided the generating company shall True-Up the grossed
up rate of return on equity at the end of every financial year
based on actual tax paid together with any additional tax
demand including interest thereon, duly adjusted for any
refund of tax including interest received from the income
tax authorities pertaining to the tariff period 2018-19 to 2020-
21 on actual gross income of any financial year :
Provided penalty, if any, arising on account of delay in deposit
or short deposit of tax amount shall not be claimed by the
generating company. Any under-recovery or over-recovery
of grossed up rate on return on equity after truing up, shall
be recovered or refunded to beneficiaries on year to year
basis :
Provided that the actual tax on income from other business
streams including deferred tax liability (i.e. income on No. 37-3] The J&K Govt. Gazette, 19th Dec., 2016/28th Agra., 1938. 49 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
business other than business of generation or transmission,
as the case may be) shall not be considered for the calculation
of applicable tax rate.
Interest and Finance Charges
10.23 The loans arrived at in the manner indicated in Regulation
10.17 shall be considered as gross normative loan for
calculation of interest on loan.
10.24 The normative loan outstanding as on 01.04.2018 shall be
worked out by deducting the cumulative repayment as
admitted by the Commission up to 31.03.2018 from the gross
normative loan.
10.25 Notwithstanding any moratorium period availed by the
generating company, the repayment of loan shall be
considered from the first year of commercial operation of
the project and shall be equal to the annual depreciation
allowed.
10.26 The rate of interest shall be the weighted average rate of
interest calculated on the basis of the actual loan portfolio at
the beginning of each year applicable to the Project :
Provided that if there is no actual loan for a particular year
but normative loan is still outstanding, the last available
weighted average rate of interest shall be considered :
Provided further that if the generating station does not have
actual loan, then the weighted average rate of interest of
the generating company as a whole shall be considered :
Provided further, in case of new generating company
commencing its operation after the date of effectiveness of
these Regulations, and which doesn't have actual loan
portfolio, the rate of interest shall be considered on normative 50 The J&K Govt. Gazette, 19th Dec., 2016/28th Agra., 1938. [No. 37-3 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
basis and shall be equal to the Base Rate of J&K Bank plus
200 basis points as on the date on which the generating unit
is declared under commercial operation.
10.27 The interest on loan shall be calculated on the normative
average loan of the year by applying the weighted average
rate of interest.
10.28 The generating company shall make every effort to re-finance
the loan as long as it results in net savings on interest and in
that event there is costs associated with such refinancing,
such cost shall be pass through to the beneficiaries and the
net savings shall be shared between the beneficiaries and
the generating company, in the ratio of 2:1.
10.29 The changes to the terms and conditions of the loans shall
be reflected from the date of such re-financing.
10.30 In case of dispute, any of the parties may make an application
in accordance with the Conduct of Business Regulation :
Provided that the beneficiaries shall not withhold any payment
on account of the interest claimed by the generating company
during the pendency of any dispute arising out of re-financing
of loan.
10.31 In case of Hydroelectric projects (HEPs), if the developer
uses long-term financial instruments which results in
reduction of tariff burden in the initial years, the Commission
may devise a suitable incentive mechanism at the time of
issuance of tariff order to share the benefits accrued between
the generator and beneficiaries :
Provided that the developer shall provide necessary
documentary evidence as well as analysis of savings along
with any other information deemed important by the
Commission.
No. 37-3] The J&K Govt. Gazette, 19th Dec., 2016/28th Agra., 1938. 51 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
Depreciation
10.32 Depreciation shall be calculated for each year of the tariff
period, on the amount of Capital Cost of the assets admitted
by the Commission :
Provided that depreciation shall not be allowed on assets
funded by any capital subsidy/grant.
10.33 The salvage value of the asset shall be considered as 10%
and depreciation shall be allowed up to maximum of 90% of
the capital cost of the asset.
The historical capital cost of the asset shall include additional
capitalization on account of Foreign Exchange Rate Variation
up to 31.03.2017 already allowed by the Government/
Commission :
Provided that the salvage value for IT equipment and
software shall be considered as NIL and 100% value of the
assets shall be considered depreciable.
10.34 Land other than land held under lease and the land for
reservoir in case of hydro generating station shall not be a
depreciable asset and its cost shall be excluded from the
capital cost while computing depreciable value of the asset.
10.35 Depreciation shall be calculated annually based on "Straight
Line Method" and at rates specified in Appendix-I to these
Regulations for the assets of the generating station :
Provided that, the remaining depreciable value as on 31st
March of the Year closing after a period of 12 years from
the date of commercial operation shall be spread over the
balance useful life of the assets.
52 The J&K Govt. Gazette, 19th Dec., 2016/28th Agra., 1938. [No. 37-3 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
10.36 In case of existing projects, the balance depreciable value
as on 01.04.2018 shall be worked out by deducting the
cumulative depreciation as admitted by the Commission upto
31.03.2018 from the gross depreciable value of the assets.
The rate of depreciation shall be continued to be charged at
the rate specified in Appendix-I till cumulative depreciation
reaches 70%. Thereafter the remaining depreciable value
shall be spread over the remaining life of the asset such that
the maximum depreciation does not exceed 90%.
10.37 Depreciation shall be chargeable from the first year of
commercial operation. In case of commercial operation of
the asset for part of the year, depreciation shall be charged
on pro rata basis.
Interest on Working Capital
10.38 The Commission shall determine the working capital
requirement for coal-based generating stations containing
the following components :—
(a) Cost of coal or lignite and limestone towards stock, if
applicable, for 15 days for pit-head generating stations
and 30 days for non-pit-head generating stations for
generation corresponding to the normative annual plant
availability factor or the maximum coal/lignite stock
storage capacity whichever is lower ;
(b) Cost of coal or lignite and limestone for 30 days for
generation corresponding to normative annual plant
availability factor ;
(c) Cost of secondary fuel oil for two months for generation
corresponding to the Normative Annual Plant No. 37-3] The J&K Govt. Gazette, 19th Dec., 2016/28th Agra., 1938. 53 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
Availability Factor, and in case of use of more than one
secondary fuel oil, cost of fuel oil stock for the main
secondary fuel oil ;
(d) Maintenance spares @ 20% of operation and
maintenance expenses specified in Regulation 10.43 ;
(e) Operation and Maintenance expenses for 1 month ; and
(f) Receivables equivalent to 2 months of capacity charges
and energy charges for sale of electricity calculated
on the Normative Annual Plant Availability Factor.
10.39 For the gas based generating stations, the working capital
requirement shall be determined using the following
components :
(a) Fuel expenses for 1 month corresponding to the
Normative Annual Plant Availability Factor, duly taking
into account mode of operation of the generating station
on gas fuel and liquid fuel ;
(b) Liquid fuel stock for ½ month corresponding to the
Normative Annual Plant Availability Factor, and in case
of use of more than one liquid fuel, cost of main liquid
fuel ;
(c) Maintenance spares @ 30% of Operation and
Maintenance expenses specified in Regulation10.43 ;
(d) Operation and Maintenance expenses for 1 month ; and
(e) Receivables equivalent to two months of capacity charge
and energy charge for sale of electricity calculated on
Normative Annual Plant Availability factor, duly taking
into account mode of operation of the generating station
on gas fuel and liquid fuel.
54 The J&K Govt. Gazette, 19th Dec., 2016/28th Agra., 1938. [No. 37-3 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
10.40 For hydro generating station, the working capital requirements
shall be determined using the following components :
(a) Receivables equivalent to two (2) months of fixed cost
calculated on normative capacity index ; and
(b) Maintenance spares @ 15% of Operation and
Maintenance expenses specified in Regulation 10.44 ;
(c) Operation and Maintenance expenses for 1 month.
10.41 The cost of fuel in cases covered under Regulation10.38
shall be based on the landed cost incurred (taking into account
normative transit and handling losses) by the generating
company and gross calorific value of the fuel as per actual
for the three months preceding the first month for which
tariff is to be determined and no fuel price escalation shall
be provided during the tariff period.
10.42 Rate of interest on working capital shall be equal to the J&K
Bank Base Rate plus 350 basis points, as on 01.04.2018 or
as on 1st April of the year during the tariff period 2018-19 to
2020-21 in which the generating station or a unit thereof, is
declared under commercial operation, whichever is later.
Operation and Maintenance (O&M) expenses :
10.43 Thermal generating station.—
(a) Operation and Maintenance (O&M) expenses for thermal
generating company shall include—
I. Employees costs ;
II. Administrative and General expenses ;
III. Repairs and Maintenance expenses.
No. 37-3] The J&K Govt. Gazette, 19th Dec., 2016/28th Agra., 1938. 55 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
(b) The Commission shall stipulate a separate trajectory for each
of the components of O&M expenses viz., employee cost,
R&M expense and A&G expense for the Control Period
for all existing thermal generating stations except for the
new generating stations for which the O&M expenses would
be determined as per the CERC (Terms and Conditions of
Tariff) Regulations, 2014.
Employee Cost :
(c) The employee cost, excluding pension fund contribution,
impact of pay revision arrears and any other expense of
non-recurring nature, for the base year i.e. FY 2017-18, shall
be derived on the basis of the normalized average of the
actual employee expenses excluding pension fund
contribution, impact of pay revision arrears and any other
expense of non-recurring nature, available in the accounts
for the previous five (5) years immediately preceding the
base year FY 2017-18, subject to prudence check by the
Commission.
(d) The normalization shall be done by applying last five year
average increase in Consumer Price Index (CPI) on year to
year basis. The average of normalized net present value for
FY2012-13 to FY 2016-17, shall then be used to project base
year value for FY 2017-18. The base year value so arrived,
shall be escalated by the above inflation rate to estimate the
employee expense (excluding impact of pension fund
contribution and pay revision and any other expense of non-
recurring nature, if any) for each year of the Control Period.
At the time of True-Up, the employee costs shall be
considered after taking into account the actual increase in 56 The J&K Govt. Gazette, 19th Dec., 2016/28th Agra., 1938. [No. 37-3 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
CPI during the year instead of projected inflation for that
period :
Provided further that impact of pay revision (including
arrears) and pension fund contribution shall be allowed on
actual during the true-up as per accounts, subject to prudence
check and any other factor considered appropriate by the
Commission.
A&G Expenses and R&M Expenses :
(e) The administrative and general expenses (excluding water
charges) and repair and maintenance expenses, for the base
year i.e. FY 2017-18, shall be derived on the basis of the
normalized average of the actual administrative and general
expenses (excluding water charges) and repair and
maintenance expenses, respectively available in the accounts
for the previous five (5) years immediately preceding the
base year FY 2016-17, subject to prudence check by the
Commission. Any other expense of non-recurring nature shall
be excluded while determining normalized average for the
previous five (5) years.
(f) The normalization shall be done by applying last five year
average increase in Wholesale Price Index (WPI) on year
to year basis. The average of normalized net present value
for FY2012-13 to FY 2016-17, shall then be used to project
base year value for FY 2017-18. The base year value so
arrived, shall be escalated by the above inflation rate to
estimate the administrative and general expense and repair
and maintenance expenses for each year of the control period.
At the time of true up, the administrative and general
expenses and repair and maintenance expenses shall be No. 37-3] The J&K Govt. Gazette, 19th Dec., 2016/28th Agra., 1938. 57 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
considered after taking into account the actual inflation
instead of projected inflation for that period :
Provided that water charges shall be pass-through in tariff
on reimbursement basis :
Provided that the thermal power plant(s) including the existing
plants located within 50 km radius of sewage treatment plant
of Municipality/local bodies/similar organization shall in the
order of their closeness to the sewage treatment plant,
mandatorily use treated sewage water produced by these
bodies and the associated cost on this account shall be allowed
as a pass through in the tariff on reimbursement basis. Such
thermal plants may also ensure back-up source of water to
meet their requirement in the event of shortage of supply by
the sewage treatment plant. The associated cost on this
account shall be factored into the fixed cost so as not to
disturb the merit order of such thermal plant.
10.43.1. The O&M expenses for the base year i.e. FY 2017-18, for
the units / stations coming into commercial operation after
01.04.2012, shall be considered as under :––
(a) The normative O&M expenses as specified in the Central
Electricity Regulatory Commission (Terms and
Conditions of Tariff) Regulation 2009 for the FY 2012-13
and shall be admissible at the rate of 90% of the value
allowed by CERC for the respective year. Such
normative value shall be exclusive of water taxes payable
to the State Government which shall be pass through to
the beneficiary on actual basis. However, except for
pension fund liabilities, normative value, so derived, shall
be considered inclusive of all expenses incurred to meet
head office or holding company expenses.
58 The J&K Govt. Gazette, 19th Dec., 2016/28th Agra., 1938. [No. 37-3 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
(b) The adjusted value for FY 2012-13, as arrived above,
shall be escalated by the actual inflation at a weighted
average of 60:40 of CPI: WPI ratio, respectively on year
to year basis till FY 2016-17.
(c) For projecting the normative value for FY 2017-18 and
onwards, average inflation of last five years (i.e. FY
2012-13 to FY 2016-17) shall be applied :
Provided, at the time of True-Up, the normative O&M cost
shall be readjusted to take into account the effect of actual
inflation for that period :
Provided, further that impact of pay revision (including
arrears), if any, shall be considered separately during the
true-up as per accounts, subject to prudence check and any
other factor considered appropriate by the Commission.
10.44 Existing Hydro Generating Stations.—
(a) Operation and Maintenance (O&M) expenses for generating
company shall include :
I. Employees costs ;
II. Administrative and general expenses ;
III. Repairs and Maintenance.
(b) The Commission shall stipulate a separate trajectory for each
of the components of O&M expenses viz., employee cost,
R&M expense and A&G expense for the Control Period.
Employee Cost :
(c) The employee cost, excluding pension fund contribution
and impact of pay revision arrears for the base year i. e.
FY 2017-18, shall be derived on the basis of the normalized No. 37-3] The J&K Govt. Gazette, 19th Dec., 2016/28th Agra., 1938. 59 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
average of the actual employee expenses excluding pension
fund contribution and impact of pay revision arrears available
in the accounts for the previous five (5) years immediately
preceding the base year FY 2017-18, subject to prudence
check by the Commission. Any other expense of non-
recurring nature shall be excluded while determining
normalized average for the previous five (5) years.
(d) The normalization shall be done by applying last five year
average increase in Consumer Price Index (CPI) on year to
year basis. The average of normalized net present value for
FY2012-13 to FY 2016-17, shall then be used to project base
year value for FY 2017-18. The base year value so arrived,
shall be escalated by the above inflation rate to estimate the
employee expense (excluding impact of pension fund
contribution and pay revision, if any) for each year of the
control period.
At the time of true up, the employee costs shall be considered
after taking into account the actual increase in CPI during
the year instead of projected inflation for that period :
Provided further that impact of pay revision (including
arrears) and pension fund contribution shall be allowed on
actual during the true-up as per accounts, subject to prudence
check and any other factor considered appropriate by the
Commission.
A&G Expenses and R&M Expenses :
(e) The administrative and general expenses (excluding water
charges) and repair and maintenance expenses, for the base
year i.e. FY 2017-18, shall be derived on the basis of the
normalized average of the actual administrative and general
expenses (excluding water charges) and repair and
60 The J&K Govt. Gazette, 19th Dec., 2016/28th Agra., 1938. [No. 37-3 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
maintenance expenses, respectively available in the accounts
for the previous five (5) years immediately preceding the
base year FY 2017-18, subject to prudence check by the
Commission. Any other expense of non-recurring nature shall
be excluded while determining normalized average for the
previous five (5) years.
(f) The normalization shall be done by applying last five year
average increase in Wholesale Price Index (WPI) on year
to year basis. The average of normalized net present value
for FY2012-13 to FY 2016-17, shall then be used to project
base year value for FY 2017-18. The base year value so
arrived, shall be escalated by the above inflation rate to
estimate the administrative and general expense and repair
and maintenance expenses for each year of the control period.
At the time of True-Up, the administrative and general
expenses and repair and maintenance expenses shall be
considered after taking into account the actual inflation
instead of projected inflation for that period :
Provided that water charges shall be pass through in tariff
on reimbursement basis.
(g) In case of the hydro generating stations, which have not
been in commercial operation for a period of five years as
on 01.4.2018, operation and maintenance expenses shall be
fixed at 2% of the original project cost (excluding cost of
rehabilitation & resettlement works). Further, in such case,
operation and maintenance expenses in first year of
commercial operation shall be escalated up to the FY 2017-18
and then averaged to arrive at the O&M expenses at
FY 2017-18 price level. It shall be thereafter escalated
annually to arrive at operation and maintenance expenses in No. 37-3] The J&K Govt. Gazette, 19th Dec., 2016/28th Agra., 1938. 61 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
respective year of the Tariff Period. The escalation factor
shall be computed based on the weighted average increase
in WPI and CPI during last five years (FY 2012-13 to
FY 2016-17). The weighted average shall be computed in
ratio of 80:20 for WPI and CPI, respectively.
10.45 For new hydro generating stations.—
(a) O&M expenses for the first year of operation will be
2% of the original project cost (excluding cost of
rehabilitation and resettlement works) ;
(b) The O&M expenses for each year of the Control
Period shall be determined by escalating the base year
expenses determined above for the first year of operation,
at the escalation factor computed in line with
Regulation 6.40 (g).
Tax on Income :
10.46 Tax on the income streams of the Generating Company, other
than the core business, shall not be recovered from the
Beneficiaries :
Provided that the deferred tax liability, excluding
Fringe Benefit Tax, for the period from 1st April 2018 to
31st March 2021 whenever it materializes, shall not be
recoverable directly from the beneficiaries and the long-term
customers :
Provided further that any tax liability on incentives and
savings due to improved performance on any parameter, if
any, shall be considered for passing onto the Beneficiaries
in the ratio of the sharing of the gains as prescribed under
these Regulations.
62 The J&K Govt. Gazette, 19th Dec., 2016/28th Agra., 1938. [No. 37-3 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
11. Thermal Power Generating Stations––
Components of tariff :
11.1 The Tariff for supply of electricity from a thermal generating
station shall comprise of two parts, namely, capacity charge
(for recovery of annual fixed cost) and energy charge (for
recovery of primary fuel cost and secondary fuel cost &
limestone where applicable) to be worked out in the manner
provided hereinafter.
11.2 The annual fixed cost of a thermal generating station shall
consist of the following components :—
(a) Return on Equity ;
(b) Interest and Financing Charges on Loan Capital ;
(c) Depreciation ;
(d) Operation and Maintenance Expenses ;
(e) Interest Charges on Working Capital.
Less :
(f) Non-Tariff Income
11.3 Energy Charge: Energy charges shall be derived on the
basis of the landed fuel cost (LFC) of a generating station
(excluding hydro) and shall consist of the following cost :––
(a) Landed Fuel Cost of primary fuel ; and
(b) Cost of secondary fuel oil consumption :
Provided that any refund of taxes and duties along with any
amount received on account of penalties from fuel supplier
shall have to be adjusted in fuel cost.
No. 37-3] The J&K Govt. Gazette, 19th Dec., 2016/28th Agra., 1938. 63 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
Norms of operation :
11.4 The norms of operation for generating stations in general
shall be as under :––
(a) Normative Annual Plant Availability Factor (NAPAF) :
For all thermal generating stations, NAPAF shall be 85%.
(b) Normative Annual Plant Load Factor (NAPLF) : All
thermal generating stations, NAPLF shall be 85%.
(c) Gross Station Heat Rate :
a) Coal-based and lignite-fired thermal generating
Stations = 1.045 X design heat rate (kCal/kWh).
Where, the design heat rate of a unit means the unit
heat rate guaranteed by the supplier at conditions of
100% MCR, zero per cent make up, design coal and
design cooling water temperature/back pressure :
Provided that the design heat rate shall not exceed the
following maximum design unit heat rates depending
upon the pressure and temperature ratings of the units :
Pressure Rating (Kg/cm2) 150 170 170 247 247
SHT/RHT (0C) 535/535 537/537 537/565 537/565 565/593
Type of BFP Electrical Turbine Turbine Turbine Turbine
Driven Driven Driven Driven Driven
Max. Turbine Cycle Heat
rate (KCal/kWh) 1955 1950 1935 1900 1850
Min. Boiler Efficiency
Sub-Bituminous Indian Coal 0.85 0.85 0.85 0.85 0.85 Bituminous Imported Coal 0.89 0.89 0.89 0.89 0.89
Max. Design Unit Heat rate (KCal/kWh)
Sub-Bituminous Indian Coal 2300 2294 2276 2235 2176 Bituminous Imported Coal 2197 2191 2174 2135 2079
64 The J&K Govt. Gazette, 19th Dec., 2016/28th Agra., 1938. [No. 37-3 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
b) Provided further that in case pressure and temperature
parameters of a unit are different from above ratings, the
maximum design unit heat rate of the nearest class shall be
taken ;
c) Provided also that where unit heat rate has not been
guaranteed but turbine cycle heat rate and boiler efficiency
are guaranteed separately by the same supplier or different
suppliers, the unit design heat rate shall be arrived at by
using guaranteed turbine cycle heat rate and boiler efficiency ;
d) Provided also that if one or more units were declared under
commercial operation prior to 01.4.2016, the heat rate norms
for those units as well as units declared under commercial
operation on or after 01.4.2017 shall be lower of the heat
rate norms arrived at by above methodology and the norms
as per Regulation11.1 ;
e) Note : In respect of units where the boiler feed pumps are
electrically operated, the maximum design unit heat rate shall
be 40 kCal/kWh lower than the maximum design unit heat
rate specified above with turbine driven BFP ;
f) Gas-based/Liquid-based thermal generating unit(s)/ block(s)
= 1.05 X Design Heat Rate of the unit/block for Natural
Gas and RLNG (kCal/kWh)
= 1.071 X Design Heat Rate of the unit/block for Liquid
Fuel (kCal/kWh)
Where, the Design Heat Rate of a unit shall mean the
guaranteed heat rate for a unit at 100% MCR and at site
ambient conditions ; and the Design Heat Rate of a block
shall mean the guaranteed heat rate for a block at 100% No. 37-3] The J&K Govt. Gazette, 19th Dec., 2016/28th Agra., 1938. 65 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
MCR, site ambient conditions, zero per cent make up, design
cooling water temperature/back pressure.
(d) Auxiliary Energy Consumption :
(i) Coal-based generating stations
200 MW series With Natural Draft 8.5%
cooling Tower or
without cooling towers
300/330/350/500 MW With Natural Draft 5.25%
and above series- cooling Tower or
Steam Driven Boiler without cooling towers
Feed Pumps
300/330/350/500 MW With Natural Draft 7.75%
series-Electrically cooling Tower or
Driven Boiler Feed without cooling towers
Pumps :
Provided further that for thermal generating stations with
induced draft cooling towers, the norms shall be further
increased by 0.5%.
(ii) Gas-based and Naphtha-based generating stations :
Combined cycle 2.5%
Open cycle 1.0%
(e) Secondary Fuel Oil Consumption for Coal based generating
stations : 1.0 ml/kWh.
11.5 Wherever the station is designed for combined cycle
operation, the approval of SLDC shall be required for
operation of the station in the open cycle mode.
66 The J&K Govt. Gazette, 19th Dec., 2016/28th Agra., 1938. [No. 37-3 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
11.6 The Commission may prescribe relaxed operational norms
including the norms of Normative Annual Plant Availability
Factor contained in these Regulations for a generating station,
and these relaxed norms shall be applicable for determination
of tariff for such generating station during the Control Period.
11.7 In case of renovation and modernisation, derating and
rerating of the generating station, norms of operation shall
be reviewed and modified accordingly by the Commission.
Recovery of Capacity Charge :
11.8 The fixed cost of a thermal generating station shall be
computed on annual basis, based on norms specified under
these Regulations, and recovered on monthly basis under
capacity charge. The total capacity charge payable for a
generating station shall be shared by its beneficiaries as per
their respective percentage share/allocation in the capacity
of the generating station.
11.9 Full capacity charges shall be recoverable at Normative
Annual Plant Availability Factor (NAPAF) specified in
Regulation11.4. Recovery of Capacity Charges below the
level of Normative Annual Plant Availability Factor (NAPAF)
will be on a pro-rata basis. At zero availability, no capacity
charges shall be payable.
11.10 The capacity charge payable to a thermal generating station
for a calendar month shall be calculated in accordance with
the following formulae :—
CC1 = (AFC/12) x (PAF1/NAPAF ) subject to a ceiling of (AFC/12).
CC2 = (AFC/6) x ( PAF2/NAPAF ) subject to a ceiling of (AFC/6) -
CC1 No. 37-3] The J&K Govt. Gazette, 19th Dec., 2016/28th Agra., 1938. 67 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
CC3 = (AFC/4) x ( PAF3/NAPAF) subject to a ceiling of (AFC/4) -
(CC1 + CC2)
CC4 = (AFC/3) x ( PAF4/NAPAF) subject to a ceiling of (AFC/3) -
(CC1+ CC2+ CC3)
CC5= (AFC x 5/12) x ( PAF5/NAPAF) subject to a ceiling of (AFC x
5/12) - (CC1+ CC2+ CC3+ CC4)
CC6 = (AFC/2) x ( PAF6/NAPAF) subject to a ceiling of (AFC/2) -
(CC1+ CC2+ CC3+ CC4+ CC5)
CC7 = (AFC x 7/12) x ( PAF7/NAPAF) subject to a ceiling of (AFC x
7/12) - (CC1+ CC2+ CC3+ CC4+ CC5+ CC6)
CC8 = (AFC x 2/3) x ( PAF 8/NAPAF) subject to a ceiling of
(AFC x 2/3) - (CC1+ CC2+ CC3+ CC4+ CC5+ CC6+ CC7)
CC9 = (AFC x 3/4) x ( PAF9/NAPAF ) subject to a ceiling of
(AFC x 3/4) - (CC1+ CC2+ CC3+ CC4+ CC5+ CC6+ CC7+ CC8)
CC10 = (AFC x 5/6) x ( PAF10/NAPAF) subject to a ceiling of
(AFC x 5/6) - (CC1+ CC2+ CC3+ CC4+ CC5+ CC6+ CC7+ CC8+ CC9)
CC11 = (AFC x 11/12) x (PAF11/NAPAF) subject to a ceiling of
(AFC x 11/12) - (CC1+ CC2+ CC3+ CC4+ CC5+ CC6+ CC7+ CC8+
CC9+ CC10)
CC 12 = (AFC) x (PAFY/NAPAF) subject to a ceiling of
(AFC) - (CC1+ CC2+ CC3+ CC4+ CC5+ CC6+ CC7+ CC8+ CC9+
CC10+ CC11) :
Provided that in case of generating station or unit thereof
under shutdown due to Renovation and Modernisation, the
generating company shall be allowed to recover part of
AFC which shall include O&M expenses and interest on
loan only.
68 The J&K Govt. Gazette, 19th Dec., 2016/28th Agra., 1938. [No. 37-3 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
Where,
AFC = Annual Fixed Cost specified for the year, in Rupees
NAPAF = Normative Annual Plant Availability Factor in
percentage.
PAFN = Per cent Plant Availability Factor achieved up to
the end of the nth month.
PAFY = Per cent Plant availability factor achieved during
the Year
CC1, CC2, CC3, CC4, CC5, CC6, CC7, CC8, CC9, CC10, CC11 and CC12 are the capacity charges of 1st, 2nd, 3rd, 4th, 5th, 6th, 7th, 8th, 9th, 10th, 11th and 12th months
respectively.
11.11 The PAFM up to the end of a particular month and PAFY
shall be computed in accordance with the following formula:
11.12 The PAFM and PAFY shall be computed in accordance
with the following formula:
∑ NDC i/{N x IC x
PAFM or PAFY = 10000 x i=1 (100-AUX)} %
Where,
AUX-Normative auxiliary energy consumption in
percentage ;
DCi-Average declared capacity (in ex-bus MW), subject to Regulation11.13, for the ith day of the period i.e. the
month or the year as the case may be, as certified by the
concerned Load Dispatch Centre after the day is over.
No. 37-3] The J&K Govt. Gazette, 19th Dec., 2016/28th Agra., 1938. 69 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
IC - Installed Capacity (in MW) of the generating
station.
N-Number of days during the period i. e. the month or the year as the case may be.
Note:––DCi and IC shall exclude the capacity of generating units not declared under commercial operation. In case of a change in IC during the concerned period, its average value shall be taken.
11.13 Incentive to a generating station or unit thereof shall be payable at a flat rate of 50 paise/kWh for ex-bus scheduled energy corresponding to scheduled generation in excess of ex-bus energy corresponding to Normative Annual Plant Load Factor (NAPLF).
11.14 In case of fuel shortage in a thermal generating station, the Generating Company may propose to deliver a higher MW during peak-load hours by saving fuel during off- peak hours. The SLDC may then specify a pragmatic day ahead schedule for the generating station to optimally utilize its MW and energy capability, in consultation with the beneficiaries. DCi in such an event shall be taken to be equal to the maximum peak-hour ex-power plant MW schedule specified by the SLDC for that day.
Energy Charge :
11.15 The energy (variable) charge shall cover primary fuel and secondary fuel costs and limestone consumption cost (where applicable), shall be payable by every beneficiary for the total energy scheduled to be supplied to such beneficiary during the calendar month on ex-power plant basis, at the specified energy charge rate of the month (with fuel price adjustment and limestone adjustment).
70 The J&K Govt. Gazette, 19th Dec., 2016/28th Agra., 1938. [No. 37-3 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
Total energy charge payable to the Generating Company
for a month shall be:
= (Energy charge rate in Rs./kWh) x {Scheduled energy
(ex-bus) for the month in kWh.}
11.16 Energy Charge Rate (ECR) in Rupees per kWh on ex-
power plant basis shall be determined to three decimal
places in accordance with the following formulae :––
(a) For coal based stations :
ECR = {(GHR - SFC x CVSF) x LPPF/CVPF+
SFC x LPSFi+ LC x LPL} x 100/(100 - AUX)}
(b) For gas and liquid fuel based stations :
ECR = GHR x LPPF x 100/{CVPF x (100 - AUX)}
Where,
AUX-Normative auxiliary energy consumption in
percentage
CVPF - (a) Weighted Average Gross calorific value
of coal as received, in kCal per kg. for coal based
stations.
(b) Weighted Average Gross calorific value of
primary fuel as received in kCal per kg. per litre or
per standard cubic meter, as applicable for lignite,
gas and liquid fuel based stations.
(c) In case of blending of fuel from different sources,
the weighted average Gross calorific value of
primary fuel shall be arrived in proportion to blending
ratio.
No. 37-3] The J&K Govt. Gazette, 19th Dec., 2016/28th Agra., 1938. 71 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
CVSF - Calorific Value of Secondary Fuel, in kCal
per ml.
ECR - Energy Charge Rate, in Rupees per kWh
sent out.
GHR - Gross station Heat Rate, in kCal per kWh.
LC = Normative limestone consumption in kg. per
kWh
LPPF - Weighted average landed price of primary
fuel, in Rupees per kg. per litre or per standard cubic
metre, as applicable, during the month (In case of
blending of fuel from different sources, the weighted
average landed price of primary fuel shall be arrived
in proportion to blending ratio).
LPSFi=Weighted Average Landed Price of
Secondary Fuel in Rs./ml during the month
LPL = Weighted average landed price of limestone
in Rupees per kg.
SFC-Specific fuel oil consumption, in ml. per
kWh :
Provided that energy charge rate for a gas/liquid fuel
based station shall be adjusted for open cycle
operation based on certification of Member-
Secretary of respective Regional Power Committee
for the open cycle operation during the month.
11.17 The generating company shall provide to the beneficiaries
of the generating station the details of parameters of GCV
and price of fuel i. e. domestic coal, imported coal, e-Auction
coal, lignite, natural gas, RLNG, liquid fuel etc.:
Provided that the details of blending ratio of the imported
coal with domestic coal, proportion of e-Auction coal and 72 The J&K Govt. Gazette, 19th Dec., 2016/28th Agra., 1938. [No. 37-3 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
the weighted average GCV of the fuels as received shall
also be provided separately, along with the bills of the
respective month :
Provided further that copies of the bills and details of parameters of GCV and price of fuel i. e. domestic coal, imported coal, e-Auction coal, lignite, natural gas, RLNG, liquid fuel etc., details of blending ratio of the imported coal with domestic coal, proportion of e-Auction coal shall also be displayed on the website of the generating company. The details should be available on its website on monthly basis for a period of three months.
11.18 The landed fuel cost of primary fuel and secondary fuel for tariff determination shall be based on actual weighted average cost of primary fuel and secondary fuel of the three preceding months, and in the absence of landed costs for the three preceding months, latest procurement price of primary fuel and secondary fuel for the generating station, before the start of the tariff period for existing stations and immediately preceding three months in case of new generating stations shall be taken into account.
The landed cost of fuel for the month shall include price of fuel corresponding to the grade and quality of fuel inclusive of royalty, taxes and duties as applicable, transportation cost by rail/road or any other means, and, for the purpose of computation of energy charge, and in case of coal/lignite shall be arrived at after considering normative transit and handling losses as percentage of the quantity of coal or lignite dispatched by the coal or lignite supply company during the month as given below :
Pithead generating stations : 0.2%
Non-pithead generating stations : 0.8% :
Provided that in case of pithead stations if coal or lignite is
procured from sources other than the pithead mines which No. 37-3] The J&K Govt. Gazette, 19th Dec., 2016/28th Agra., 1938. 73 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
is transported to the station through rail, transit loss of 0.8%
shall be applicable :
Provided further that in case of imported coal, the transit
and handling losses shall be 0.2%.
Provided that, the tariff of gas based generating stations
covered under the "Scheme for Utilization of Gas based
power generation capacity" issued by the Government of
India, Ministry of Power vide Office Memorandum No. 4/
2/2015-Th.1 dated 27.3.2015 shall be determined in due
consideration of the provisions of that scheme in deviation
of the relevant regulations.
Fuel Price Adjustment :
11.19 The Fuel Price Adjustment (FPA) applicable for calculation
of Energy Charges is as follows :
(a) For coal-based generating stations, FPA = A + B
Where,
FPA - Fuel Price Adjustment for a month in Paise/
kWh Sent out ;
A - Fuel price adjustment for Secondary Fuel oil in
Paise/kWh sent out ;
B - Fuel price adjustment for Coal in Paise/kWh sent
out ;
10
A =
* SFC n* ( P om – Pos )
( 100 - AC n )
10
* [SHR n* {( P cm /K cm ) - ( P cs /K cs )}-
B =
( 100 - AC n )
SFCn* {( K om * P cm / K cm ) - ( K os * P cs / K cs )}] 74 The J&K Govt. Gazette, 19th Dec., 2016/28th Agra., 1938. [No. 37-3 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
Where,
SFCn = Normative Specific Fuel Oil consumption in l/ kWh ;
SHRn = Normative Gross Station Heat Rate in Kcal/ kWh ;
AC n = Normative Auxiliary consumption in percentage ;
Pom = Weighted average price of fuel oil on as consumed basis during the month in Rs. /KL ;
Kom = Weighted average Gross Calorific Value of fuel oils fired at boiler front for the month in Kcal/Litre ;
Pos = Base value of price of fuel oils as taken for determination of base energy charge in tariff
order in Rs. / KL ;
Kos = Base value of Gross Calorific Value of fuel oils as taken for determination of base energy charge in
tariff order in Kcal/Litre ;
Pcm = Weighted average price of coal procured and burnt during the month at the power station in
Rs./ MT ;
Kcm = Weighted average Gross Calorific Value of coal fired at boiler front for the month in Kcal/kg;
P cs= Base value of price of coal as taken for determination of base energy charge in tariff order in
Rs. /MT No. 37-3] The J&K Govt. Gazette, 19th Dec., 2016/28th Agra., 1938. 75 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
Kcs = Base value of gross calorific value of coal as taken for determination of base energy charge in tariff
order in kCal/Kg
(b) For gas based thermal power plants, the Fuel Price
Adjustment is calculated using the following formula :
10* SHRn *[(Pm/Km)-(Ps/Ks)]
FPA=––––––––––––––––––––––––
(100-ACn)
Where :
FPA = Fuel Price Adjustment for a month in
Paise/kWh sent out ;
SHRn = Normative Gross Station Heat Rate expressed in kCal/kWh ;
AC n = Normative Auxiliary Consumption in percentage ;
Pm = Weighted average price of Gas or Liquid fuel as per PSL for the month in Rs. / 1000 SCM of
Rs./ KL or Rs./MT ;
Km = Weighted average Gross Calorific Value of Gas or Liquid fuel for the month in Kcal/ SCM or kCal/
Litre or kCal/ Kg ;
Ps = Base price of Gas or Liquid fuel as taken for determination of base energy charge in tariff order in
Rs. / 1000 SCM of Rs./ KL or Rs./MT ;
Ks = Base value of Gross Calorific Value of Gas or Liquid fuel as taken determination of base energy
charge in tariff order in Kcal/ SCM or kCal/Litre or
kCal/ Kg ;
76 The J&K Govt. Gazette, 19th Dec., 2016/28th Agra., 1938. [No. 37-3 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
11.20 Any variation in fuel prices on account of change in the
Gross Calorific Value (GCV) of coal or gas or liquid fuel
shall be adjusted on a monthly basis on the basis of weighted
average GCV of coal or gas or liquid fuel in stock, received
and burnt and weighted average landed cost incurred by the
generating company for procurement of coal, oil, or gas or
liquid fuel, as the case may be for a power station.
11.21 Initially, the Base value of price of fuel oils, price of coal
incurred by the Generating Company/ generating station shall
be taken based on actuals of the weighted average price of
the three preceding months and in the absence of weighted
average landed costs for the three preceding months, latest
respective weighted average procurement price for the
generating station, before the start of the year.
Initially the Base value of gross calorific value of fuel oils
and gross calorific value of coal incurred by the Generating
Company/ Generating Station shall be taken based on actuals
of the weighted average gross calorific value of the three
preceding months and in the absence of weighted average
gross calorific value for the three preceding months, latest
weighted average gross calorific value for the generating
station, before the start of the year.
11.22 In its bills, the generating company shall separately indicate
rate of energy charges at base price of primary and
secondary fuel specified by the Commission and the fuel
price adjustment. No separate petition needs to be filed with
the Commission for fuel price adjustment.
12. Hydro power generating station.––
Components of tariff :
12.1 The Tariff for supply of electricity from a hydro power
generating station shall comprise of capacity charge and No. 37-3] The J&K Govt. Gazette, 19th Dec., 2016/28th Agra., 1938. 77 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
energy charge to be derived in the manner specified in these
Regulations, for recovery of annual fixed cost consisting of
the following components :
(a) Return on Equity ;
(b) Interest and Financing Charges on Loan Capital ;
(c) Depreciation ;
(d) Operation and Maintenance Expenses ;
(e) Interest Charges on Working Capital ;
Less :
(f) Non-Tariff Income
Norms of operation
12.2 The norms of operation for hydro power station shall be as
under.
12.3 Normative Annual Plant Availability Factor (NAPAF): The
Normative Annual Plant Availability Factor for hydro
generating stations shall be determined by the Commission
as per the following criteria :
(a) Storage and pondage type plants with head variation
between full reservoir level (FRL) and Minimum Draw
Down Level (MDDL) of up to 8% and where plant
availability is not affected by silt : 90%
(b) Storage and pondage type plants with head variation
between FRL and MDDL of more than 8%, where
plant availability is not affected by silt: Plant-specific 78 The J&K Govt. Gazette, 19th Dec., 2016/28th Agra., 1938. [No. 37-3 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
allowance to be provided in NAPAF for reduction in
NAPAF for reduction in MW output capability as
reservoir level falls over the months. As a general
guidelines the allowance on this account in terms of
multiplying factor may be worked out from the
projection of annual average of net head, applying the
formula :
= (Average head/Rated head) +0.02
Alternatively in case of a difficulty in making
such projection, the multiplying factor may be
determined as :
= (Head at MDDL/Rated head) x 0.5 + 0.52
(c) Pondage type plants where plant availability is
significantly affected by silt : 85%
(d) Run-of-river type plants : NAPAF to be determined
plant-wise, based on 10 day design energy data,
moderated by past experience where available/relevant.
12.4 A further allowance may be made by the Commission in
NAPAF determination under special circumstances e.g.
abnormal silt problem or other operating conditions, and
known plant imitations.
12.5 In case of a new hydro-electric project the developer shall
have the option of approaching the Commission in advance
for fixation of NAPAF based on the principles enumerated
in Regulation12.3, 12.4.
12.6 In case of pumped storage hydro generating stations, the
quantum of electricity required for pumping water from No. 37-3] The J&K Govt. Gazette, 19th Dec., 2016/28th Agra., 1938. 79 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
down-stream reservoir to up-stream reservoir shall be
arranged by the beneficiaries duly taking into account the
transmission and distribution losses etc. up to the bus bar of
the generating station. In return, beneficiaries shall be entitled
to equivalent energy of 75% of the energy utilized in pumping
the water from the lower elevation reservoir to the higher
elevation reservoir from the generating station during peak
hours and the generating station shall be under obligation to
supply such quantum of electricity during peak hours :
Provided that in the event of the beneficiaries failing to supply
the desired level of energy during off-peak hours, there will
be pro-rata reduction in their energy entitlement from the
station during peak hours :
Provided further that the beneficiaries may assign or
surrender their share of capacity in the generating station, in
part or in full, or the capacity may be reallocated by the
Central Government, and in that event, the owner or assignee
of the capacity share shall be responsible for arranging the
equivalent energy to the generating station in off-peak hours,
and be entitled to corresponding energy during peak hours
in the same way as the original beneficiary was entitled.
12.7 Auxiliary Energy Consumption (AUX): The norms for
auxiliary energy consumption shall be as under :
(a) Surface hydro generating stations
i. With rotating mounted on the generator shaft : 0.7%
ii. With static excitation system : 1%
(b) Underground hydro generating stations
i. With rotating exciters mounted on the generator
shaft : 0.9% 80 The J&K Govt. Gazette, 19th Dec., 2016/28th Agra., 1938. [No. 37-3 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
ii. With static excitation system : 1.2%
Transformation Losses, from generation voltage to
transmission voltage = 0.5% of energy generated
Computation and Payment of Capacity Charges and Energy
Charges for Hydro Generating Stations :
12.8 The annual fixed cost of a hydro generating station shall be
computed, based on norms specified under these Regulations,
and recovered on monthly basis under capacity charge
(inclusive of incentive) and energy charge, which shall be
payable by the Beneficiaries in proportion to their respective
allocation in the saleable capacity of the generating station,
that is to say, in the capacity excluding the free power to the
home State :
Provided that during the period between the Date of
Commercial Operation of the first unit of the generating
station and the Date of Commercial Operation of the
generating station, the annual fixed cost shall provisionally
be worked out based on the latest estimate of the completion
cost for the generating station, for the purpose of determining
the Capacity Charge and Energy Charge payable during such
period.
12.9 The capacity charge (inclusive of incentive) payable to a
hydro generating station for a calendar month shall be—
= AFC x 0.5 x NDM / NDY x (PAFM / NAPAF) (in Rupees)
Where,
AFC - Annual Fixed Cost specified for the Year, in
Rupees ;
No. 37-3] The J&K Govt. Gazette, 19th Dec., 2016/28th Agra., 1938. 81 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
NAPAF - Normative Plant Availability Factor in
percentage ;
NDM - Number of Days in the month ;
NDY - Number of Days in the Year ;
PAFM - Plant Availability Factor achieved during the month,
in Percentage.
12.10 The PAFM shall be computed in accordance with the
following formula :
∑NDCi / {N x IC x (100 - AUX)} %
PAFM = 10000 x i=I
Where,
AUX - Normative auxiliary energy consumption in
percentage ;
DCi - Declared Capacity (in ex-bus MW) for the ith Day of the month which the station can deliver for at least three (3)
hours, as certified by the nodal load dispatch centre after
the Day is over ;
IC - Installed Capacity (in MW) of the complete generating
station ;
N - Number of Days in the month
12.11 The energy charge shall be payable by every Beneficiary
for the total energy scheduled to be supplied to the
Beneficiary, excluding free energy, if any, during the calendar
month, on ex power plant basis, at the computed energy 82 The J&K Govt. Gazette, 19th Dec., 2016/28th Agra., 1938. [No. 37-3 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
charge rate. Total Energy Charge payable to the Generating
Company for a month shall be :
= (Energy Charge Rate in Rs. / kWh) x {Scheduled Energy
(ex-bus) for the month in kWh} x (100 - FEHS) / 100.
12.12 Energy Charge Rate (ECR) in Rupees per kWh on ex-power
plant basis, for a hydro generating station, shall be determined
up to three decimal places based on the following formula,
subject to the Regulation12.14 :
ECR = AFC x 0.5 x 10 / {DE x (100 - AUX) x
(100 - FEHS)}
Where,
DE - Annual Design Energy specified for the hydro
generating station, in MWh, subject to the provision in
Regulation12.13 ;
FEHS - Free energy for home State, in per cent, if any.
12.13 In case actual total energy generated by a hydro generating
station during a Year is less than the Design Energy for
reasons beyond the control of the Generating Company, the
following treatment shall be applied on a rolling basis :—
(i) in case the energy shortfall occurs within 10 years from
the Date of Commercial Operation of a generating
station, the ECR for the Year following the Year of
energy shortfall shall be computed based on the formula
specified in Regulation12.12 with the modification that
the DE for the Year shall be considered as equal to the
actual energy generated during the Year of the shortfall,
till the energy charge shortfall of the previous Year has No. 37-3] The J&K Govt. Gazette, 19th Dec., 2016/28th Agra., 1938. 83 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
been made up, after which normal ECR shall be
applicable ;
(ii) in case the energy shortfall occurs after ten years from
the Date of Commercial Operation of a generating
station, the following shall apply. Suppose the specified
annual Design Energy for the station is DE MWh, and
the actual energy generated during the concerned (first)
and the following (second) financial year is A1 and A2
MWh respectively, A1 being less than DE. Then, the
Design Energy to be considered in the formula as
specified in Regulation of these Regulation for
calculating the ECR for the third financial year shall
be moderated as (A1 + A2 - DE) MWh, subject to a
maximum of DE MWh and a minimum of A1 MWh ;
(iii) Actual energy generated (e.g. A1, A2) shall be arrived
at by multiplying the net metered energy sent out from
the station by 100 / (100 - AUX).
12.14 In case the Energy Charge Rate (ECR) for a Hydro
generating station, as computed in Regulation12.12 , exceeds
eighty paise per kWh, and the actual saleable energy in a
Year exceeds {DE x (100 - AUX) x (100 - FEHS) / 10000}
MWh, the energy charge for the energy in excess of the
above shall be billed at eighty paise per kWh only :
Provided that in a year following a year in which total energy
generated was less than the Design Energy for reasons
beyond the control of the generating company, the Energy
Charge Rate shall be reduced to eighty paise per kWh after
the energy charge shortfall of the previous year has been
made up.
84 The J&K Govt. Gazette, 19th Dec., 2016/28th Agra., 1938. [No. 37-3 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
12.15 The capacity charge payable to a pumped storage Hydro
generating station for a calendar month shall be :
(AFC x NDM / NDY) (in Rupees), if actual Generation
during the month is >= 75% of the Pumping Energy consumed
by the station during the month and {(AFC x NDM / NDY)
x (Actual Generation during the month during peak hours/
75% of the Pumping Energy consumed by the station during
the month) (in Rupees)}, if actual Generation during the
month is < 75 % of the Pumping Energy consumed by the
station during the month.
Where,
AFC = Annual fixed cost specified for the year, in Rupees
NDM = Number of days in the month
NDY = Number of days in the year :
Provided that there would be adjustment at the end of the
year based on actual generation and actual pumping energy
consumed by the station during the year.
12.16 The energy charge shall be payable by every beneficiary
for the total energy scheduled to be supplied to the beneficiary
in excess of the design energy plus 75% of the energy utilized
in pumping the water from the lower elevation reservoir to
the higher elevation reservoir, at a flat rate equal to the
average energy charge rate of 20 paise per kWh, excluding
free energy, if any, during the calendar month, on ex power
plant basis.
12.17 Energy charge payable to the generating company for a
month shall be :
= 0.20 x {Scheduled energy (ex-bus) for the month in
kWh - (Design Energy for the month (DEm) + 75% of the No. 37-3] The J&K Govt. Gazette, 19th Dec., 2016/28th Agra., 1938. 85 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
energy utilized in pumping the water from the lower elevation
reservoir to the higher elevation reservoir of the month)} x
(100 - FEHS) / 100.
Where,
DEm = Design energy for the month specified for the Hydro
generating station in MWh
FEHS = Free energy for home State, in per cent :
Provided that in case the Scheduled energy in a month is
less than the Design Energy for the month plus 75% of the
energy utilized in pumping the water from the lower elevation
reservoir to the higher elevation reservoir of the month, then
the energy charges payable by the beneficiaries shall be zero.
12.18 The generating company shall maintain the record of daily
inflows of natural water into the upper elevation reservoir
and the reservoir levels of upper elevation reservoir and lower
elevation reservoir on hourly basis. The generator shall be
required to maximize the peak hour supplies with the available
water including the natural flow of water. In case it is
established that generator is deliberately or otherwise without
any valid reason, is not pumping water from lower elevation
reservoir to the higher elevation during off-peak period or
not generating power to its potential or wasting natural flow
of water, the capacity charges of the day shall not be payable
by the beneficiary. For this purpose, outages of the unit(s)/
station including planned outages and the forced outages up
to 15% in a year shall be construed as the valid reason for
not pumping water from lower elevation reservoir to the 86 The J&K Govt. Gazette, 19th Dec., 2016/28th Agra., 1938. [No. 37-3 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
higher elevation during off-peak period or not generating
power using energy of pumped water or natural flow of
water :
Provided that the total capacity charges recovered during
the year shall be adjusted on pro-rata basis in the following
manner in the event of total machine outages in a year
exceeds 15% :
(ACC)adj = (ACC) R x (100- ATO)/85
Where,
(ACC)adj - Adjusted Annual Capacity Charges
(ACC) R - Annual Capacity Charges recovered
ATO - Total Outages in percentage for the year including
forced and planned outages :
Provided further that the generating station shall be required
to declare its machine availability daily on day ahead basis
for all the time blocks of the day in line with the scheduling
procedure of Grid Code.
12.19 The concerned Load Despatch Centre shall finalise the
schedules for the Hydro generating stations, in consultation
with the Beneficiaries, for optimal utilization of all the energy
declared to be available, which shall be scheduled for all
beneficiaries in proportion to their respective allocations in
the generating station.
No. 37-3] The J&K Govt. Gazette, 19th Dec., 2016/28th Agra., 1938. 87 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
PART IV
Procedure of Filling of ARR and Tariff
13. Multi year tariff filing procedure.––
13.1 The filing under MYT by the generating company shall be
done as per the timelines specified in these Regulations and
in compliance with the principles for determination of ARR
as specified in these Regulations, in such form as may be
prescribed by the Commission from time to time.
13.2 The Applicant shall also submit the Multi Year Tariff filing in
electronic format to the Commission.
13.3 The applicant shall also submit a statement on compliance
of directives issued by the Commission in its previous orders.
Beginning of the Control Period Filings :
13.4 The generating company shall file for the Commission's
approval, no later than 1st September of the year preceding
the start of the Control Period, a Business Plan and a Capital
Investment Plan in accordance with Regulations 9.5 to 9.8 ;
13.5 The Applicant shall file the MYT application for approval of
generation tariff for each year of the Control Period
consistent with the Business Plan, not later than 30th
November or less than 120 days before the commencement
of the first year of the Control Period or such other date as
may be directed by the Commission.
Annual Filings for the Control Period
13.6 The generating company shall submit periodic returns as may
be specified, containing operational and cost data to enable 88 The J&K Govt. Gazette, 19th Dec., 2016/28th Agra., 1938. [No. 37-3 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
the Commission to monitor the implementation of its MYT
order.
13.7 The generating company shall submit to the Commission
annual statements of its performance and accounts including
latest report of audited accounts.
14. Disposal of application.––
14.1 The Commission shall process the filings made by the
Generating Company in accordance with these Regulations
and the Conduct of Business Regulations.
14.2 Based on the generating company's filings, objections/
suggestions from public and other stakeholders, the
Commission may accept the application with such
modifications and/or such conditions as may be deemed
justified and appropriate and issue :
(a) An Order approving or rejecting the Business Plan
shall, as far as practicable, within sixty (60) days from
receipt of a complete Business Plan. The Order shall
also contain targets for controllable items for the
Control Period :
(b) A Tariff Order, within 120 days of the receipt of the
application and after considering all suggestions and
objections from public and other stakeholders,
containing inter alia Trued up cost components for
the Year preceding the base year, estimation of
parameters for the Base Year and determination of
ARR and generation tariff for each year of the Control
Period.
No. 37-3] The J&K Govt. Gazette, 19th Dec., 2016/28th Agra., 1938. 89 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
15. Annual performance review.–––
15.1 To ensure smooth implementation of the Multi Year Tariff
(MYT) framework, the Commission may undertake periodic
reviews of generating company's performance during the
Control Period, to address any practical issues, concerns or
unexpected outcomes that may arise.
15.2 The generating company shall submit information as part of
annual performance review on actual performance to assess
the performance vis-à-vis the targets approved by the
Commission at the beginning of the Control Period. This shall
include annual statements of its performance and accounts
including latest available accounting statements, norms
achieved and the tariff worked out in accordance with these
Regulations.
15.3 The Commission may also direct any modifications to the
forecast of the Generating Company for the remainder of
the Control Period, with detailed reasons for the same.
16. Truing up.–––
16.1 The True-Up for the Control Period shall be as per
Regulations 9.12 .
PART V
Miscellaneous
Foreign Exchange Rate Variation :
17.1 The generating company may hedge foreign exchange
exposure in respect of the interest on foreign currency loan
and repayment of foreign loan acquired for the generating
station or the transmission or distribution system, in part or 90 The J&K Govt. Gazette, 19th Dec., 2016/28th Agra., 1938. [No. 37-3 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
full in the discretion of the generating company or the
licensee.
17.2 The generating company shall recover the cost of hedging
of foreign exchange rate variation corresponding to the
normative foreign debt, in the relevant year on year-to-year
basis as expense in the period in which it arises and extra
rupee liability corresponding to such foreign exchange rate
variation shall not be allowed against the hedged foreign
debt.
Billing and Payment of Charges :
17.3 Bills shall be raised for capacity charge and energy charge
on monthly basis by the generating company in accordance
with these Regulations and payments shall be made by the
beneficiaries directly to the generating company.
Scheduling :
17.4 The methodology for scheduling and despatch for the
generating station shall be as specified in Grid Code, approved
by the Commission.
Metering and Accounting :
17.5 Metering arrangements, including installation, testing and
operation and maintenance of meters and collection,
transportation and processing of data required for accounting
of energy exchanges and average frequency on 15 minute
Time Block basis shall be organised by the State Transmission
Utility and State Load Despatch Centre as per the Grid Code.
All concerned entities (in whose premises the special energy
meters are installed), shall fully cooperate with the State
Transmission Utility/State Load Despatch Centre and extend No. 37-3] The J&K Govt. Gazette, 19th Dec., 2016/28th Agra., 1938. 91 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
the necessary assistance by taking weekly meter readings
and transmitting them to the State Load Despatch Centre.
The State Load Despatch Centre shall issue the Accounts
for energy on monthly basis as well as Deviation charges on
weekly basis.
Incentive for Completion of Hydro Power Generating Stations
ahead of Schedule :––
17.6 In case of commissioning of a Hydro Power Generating
Station or part thereof ahead of schedule, as set out in the
first approval of the Central/State Government or the techno-
economic clearance of the Authority, as applicable, the
generating station shall become eligible for incentive for an
amount equal to pro-rata reduction in interest during
construction, achieved on commissioning ahead of the
schedule. The incentive shall be recovered through tariff in
twelve equal monthly instalments during the first year of
operation of the generating station. In case of delay in
commissioning as set out in the first approval of the Central/
State Government or the techno-economic clearance of the
Authority, as applicable, interest during construction for the
period of delay shall not be allowed to be capitalized for
determination of tariff, unless the delay is on account of
natural calamities or geological surprise.
Late Payment Surcharge :
17.7 In case of payment of bills is delayed beyond a period of 60
days from the date of presentation of bills, the generating
company may levy at the rate of 1.25% per month for each
day of delay of payment.
92 The J&K Govt. Gazette, 19th Dec., 2016/28th Agra., 1938. [No. 37-3 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
Rebate :
17.8 For payment of bills of capacity charges/energy charges
through a letter of credit on presentation, a rebate of 2%
shall be allowed. If the payment is made by any other mode
within a period of one month of presentation of bills by
the Generating Company, a rebate of 1% shall be
allowed.
Savings :
17.9 Nothing in these Regulations shall, expressly or impliedly,
bar the Commission dealing with any matter or exercising
any power under the Act for which no regulations have been
framed, and the Commission may deal with such matters,
powers and functions in a manner, as it considers just and
appropriate.
17.10 Powers to Remove Difficulties :
If any difficulty arises in giving effect to these Regulations,
the Commission may, of its own motion or otherwise, by an
order and after giving reasonable opportunity to those likely
to be affected by such order, make such provisions, not
inconsistent with these Regulations, as may appear to be
necessary for removing the difficulty.
17.11 Powers to Relax :
The Commission, for reasons to be recorded in writing, may
relax or vary any of the provisions on its own motion or on
an application made before it by an interested person.
N
18. Summary of timelines.––
o
.
3 7
-
– – – – – – – S. No. Description Filing of the Obtaining additional Approval of
3
]
—
Document by information and the Document
T h e
acceptance by the
J
Commission
& K
G ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
o v
t .
1 2
3 4 5
G
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– a z e
t t
1. Business Plan for the First 1st August, 2017 Within 15 days of Within 60 days
e
,
Control Period
filing of document of acceptance of the filing 1 9
t
h
D
2. Filing of MYT Petition for 30th November, 2017 Within 30 days of Within 120 days
e c
. ,
Existing Stations for the
filing of document of acceptance of the
Control Period FY 2018-19
filing
2 0 1 6
/
2 8
to FY 2020-21.
t
h
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g
3. Filing of MYT Petition for Within 180 days Within 30 days of Within 120 days of
r a
. ,
New Stations for the Control of anticipated CoD filing of document acceptance of the filing
Period FY 2018-19 to
1 9 3 8
.
– – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – –
FY 2020-21.
9 3
— — —
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
9 4
1 2
3 4 5
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
T h e
4. Annual Performance 30th November of Within 30 days of Within 120 days of
J
Review/ True-up each year of the filing of document acceptance of the filing
& K
G
Control Period
o v
t .
G
By order of the Commission.
a z e
t t
e
,
(Sd.) ANIL KUMAR GUPTA, KAS,
1 9
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Secretary,
e c
. ,
J&K State Electricity Regulatory Commission,
Jammu.
2 0 1 6
/
–––––––
2 8
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– – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – –
. ,
—
1 9 3 8
– – –
.
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.
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-
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— — — — —
No. 37-3] The J&K Govt. Gazette, 19th Dec., 2016/28th Agra., 1938. 95 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
APPENDIX-I : Depreciation Schedule
S. No. Asset Particulars Depreciation
Rate
(Salvage
value=10%)
––––––––––––––––––––––––––––––––––––––––––––––––––––––
1 2
3
––––––––––––––––––––––––––––––––––––––––––––––––––––––
SLM
A Land owned under full ownership 0.00%
B Land under lease :
(a) For investment in the land 3.34%
(b) For cost of clearing the site 3.34%
(c) Land for reservoir in case of 3.34%
hydro generating station
C Assets Purchased New :
(a) PI and machinery in generating stations:
(i) Hydroelectric
5.28%
(ii) Steamelectric NHRB and Waste Heat 5.28%
Recovery Boilers
(iii) Diesel electric and gas plant 5.28%
(b) Cooling towers and circulating water systems 5.28%
(c) Hydraulic works forming part of hydroelectric
system including :
(i) Dams, spillways weirs, canals, reinforced
concrete flumes and siphons 5.28% 96 The J&K Govt. Gazette, 19th Dec., 2016/28th Agra., 1938. [No. 37-3 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
1 2
3
––––––––––––––––––––––––––––––––––––––––––––––––––––––
(ii) Reinforced concrete pipelines and surge 5.28%
tanks, steel pipelines, sluice gates,
steel surge (tanks) hydraulic control
valves and hydraulic works
(d) Building and civil engineering works of a
permanent character, not mentioned above :
(i) Offices and showrooms 3.34%
(ii) Containing thermoelectric generating plant 3.34%
(iii) Containing hydroelectric generating plant 3.34%
(iv) Temporary erection such as wooden 100.00%
structures
(v) Roads other than kutcha roads 3.34%
(vi) Others
3.34%
(e) Transformers, kiosk sub-station equipment
and other fixed apparatus (including plant
foundations) :
(i) Transformers (including foundations) 5.28%
having a rating of 100 kilo volt amperes
and over
(ii) Others
5.28%
(f) Switchgear, including cable connections 5.28%
(g) Lightning arrestors :
(i) Station type
5.28% No. 37-3] The J&K Govt. Gazette, 19th Dec., 2016/28th Agra., 1938. 97 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
1 2
3
––––––––––––––––––––––––––––––––––––––––––––––––––––––
(ii) Pole type
5.28%
(iii) Synchronous condenser 5.28%
(h) Batteries :
5.28%
(i) Underground cable including joint boxes and
disconnected boxes
5.28%
(ii) Cable duct system 5.28%
(j) Overhead lines including cable support :
(i) Lines on fabricated steel operating at
terminals voltages higher than 66 kV 5.28%
(ii) Lines on steel supports operating at 5.28%
terminal voltages higher than 13.2 kV
but not exceeding 66 kV
(iii) Lines on steel or reinforced concrete 5.28%
supports
(iv) Lines on treated wood supports 5.28%
(k) Meters
5.28%
(l) Self propelled vehicles 9.50%
(m) Air conditioning plants :
(i) Static
5.28%
(ii) Portable
9.50% 98 The J&K Govt. Gazette, 19th Dec., 2016/28th Agra., 1938. [No. 37-3 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
1 2
3
––––––––––––––––––––––––––––––––––––––––––––––––––––––
(m) (i) Office furniture and furnishings 6.33%
(ii) Office equipment 6.33%
(iii) Internal wirings including fittings and 6.33%
apparatus
(iv) Street Light fittings 5.28%
(n) Apparatus let on hire :
(i) Other than motors 9.50%
(ii) Motors
6.33%
(o) Communication equipment :
(i) Radio and higher frequency carrier systems 6.33%
(ii) Telephone lines and telephones 6.33%
(p) IT Equipments
15.00%
(q) Fiber Optic
6.33%
(r) Any other assets not covered above 5.28%