THE

JHARKHAND GAZETTE

EXTRAORDINARY

PUBLISHED BY AUTHORITY

19 VAISHAKH 1946 (S)

RANCHI, THURSDAY 9th MAY, 2024

JHARKHAND STATE ELECTRICITY REGULATORY

COMMISSION

--------

NOTIFICATION

9th May, 2024

Jharkhand State Electricity Regulatory Commission (Verification of

CaptiveGenerating Plants and Captive Consumers) Regulations, 2024

Notification No. 101--In exercise of powers conferred under sub-section (1) of

Section 181, read with Section 9of the Electricity Act, 2003 and all other powers

enabling it in that behalf, the Jharkhand State Electricity Regulatory Commission,

hereby frames the following Regulations.

1. Objective

1.1. The objective of these regulations is to specify a methodology for verification of

status of Captive generating plants and Captive User, when consumers import

power from their respective Captive generator(s) located either within the

State or outside the State and consequences of not meeting the conditions of

either Captive generator or Captive User.

2. Short Title and Commencement

2.1. These Regulations may be called the Jharkhand State Electricity Regulatory

Commission(Verification of CaptiveGenerating Plants and Captive Consumers)

Regulations, 2024.

No. 258

Jharkhand Gazette (Extraordinary), Thursday 9th May, 2024

2

2.2. These Regulations shall come into force from the date of their publication in

the Jharkhand State Government Gazette.

3. Scope and Extent of Applications

3.1. The present procedure is applicable to all power plants functioning/ seeking

status as Captive Generating Plant and having one or more Captive

consumers in the State of Jharkhand, irrespective of the fact whether the

Captive generating station is within the State of Jharkhand or not.

4. Definitions and Interpretation

4.1. In this Regulation unless the context otherwise requires:

a) ‘Act’shall mean the Electricity Act, 2003 and subsequent amendments

thereof;

b) Association of Persons:shall mean formation of companies with charitable

objects, etc.; Where it is proved to the satisfaction of the Central

Government that a person or an association of persons proposed to be

registered under this Act as a limited company.

c) ‘Captive generating plant’or ‘CGP’shall mean a Captive generating plant

as defined in the Act read with Rule 3 of the Electricity Rules, 2005, as

amended from time to time;

d) ‘CaptiveUser’shall meanthe end User of the electricity generated from its

own Captive Generating Plant and the term “Captive Use” shall be

construed accordingly;

e) Company: shall mean a company incorporated under Company Act 2013

or under any previous company law.

f) ‘Electricity Rules, 2005’shall meanthe Rules notified by the Central

Government vide G.S.R. 379 (E) dated 8th June 2005 and as amended from

time to time;

g) Registered Cooperative Society:shall mean companies capable of being

registered; For the purposes of this Part, cooperative society, society or any

other business entity formed under any other law for the time being in force

which applies for registration under this Part.

h) Special Purpose Vehicle: shall mean a legal entity owning, operating and

maintaining a generating station and with no other business or activity to

be engaged in by the legal entity.

i) ‘State Load Despatch Centre (SLDC)’ shall have the same meaning as

defined under Electricity Act, 2003;

j) ‘Year’shall mean a financial year from 1stApril to 31stMarch;

Jharkhand Gazette (Extraordinary), Thursday 9th May, 2024

3

4.2. Words and expressions used in these Regulations and not defined herein but

defined in the Act shall have the meanings respectively assigned to them in

the Act.

4.3. Reference to any Act, Rules, and Regulations shall include the amendment(s),

consolidation(s), or re-enactment(s) thereof.

4.4. All proceedings under these Regulations shall be governed by the JSERC

(Conduct of Business) Regulations, 2016, as amended or re-enacted from time

to time.

5. Procedure for Verification of the Status of CGP

5.1. The Commission will verify the status of CGP and CaptiveUser after the end of

each financial year with respect to the consumption and equity shareholding

criteria stipulated in these regulations on the basis of data submitted by the

CGP and their CaptiveUser.

5.2. Before the 15th of May of each year, the CGP and their CaptiveUser must

submit an affidavit to the Commission in the specified format(s), detailing

previous year electricity generation, User-wise consumption, and equity

shareholding.

5.3. Based on the affidavit submitted by such CGP and CaptiveUser, the

Commission shall take the assistance from concerned RLDC, SLDC, and

Distribution Licensee (in whose area the CGP or their CaptiveUser are located)

for the verification of the Captive status of CGP or CaptiveUser.

5.4. The Commission may seek any clarifications from the CGP, and confirm the

CGP status for the previous financial years latest by 30th of June of each year.

5.5. In case the Commission does not receive requite data and document for the

purpose of verification of Captive status within the time frame affixed in this

procedure, it would be free to determine the statues of the plant with the data

available to it.

5.6. The Commission shall intimate the CGP status to the CGPs/CaptiveUser and

distribution licenses by the 15th July of each financial year.

5.7. Verification of consumption criteria: -

a. For unit(s) which has/have been identified for Captive use, verification of

criteria of consumption shall be based on the net electricity generated from

this/these generating unit(s) in a generating station, i.e., the gross

electricity generated less auxiliary consumption.

b. The net electricity generated shall be determined on annual basis at the

end of the year.

c. Verification criteria for various types of CaptiveUser shall be as follows:

Jharkhand Gazette (Extraordinary), Thursday 9th May, 2024

4

Sl. no.

Type of CaptiveUser

Criteria

1

Single Captive User

The self-consumption shall not be less

than

51%

of

the

net

electricity

generated on an annual basis.

2

Partnership firm/ Limited

Liability Partnership (LLP)

The self-consumption shall not be less

than

51%

of

the

net

electricity

generated on an annual basis

3

Association of Persons (AoP)

The CaptiveUser shall consume not

less than 51% of the net electricity

generated on annual basis for Captive

use in proportion to their share in

thepower plant within the variation

not exceeding 10%.

(i.e

proportionality

test

shall

be

calculated

for

51%

of

aggregate

generation and not for consumption

beyond 51% by Captive consumer.)

4

Cooperative Society

Members of Society shall collectively

consume not less than 51% of the net

electricity generated on an annual

basis

5

Special Purpose Vehicle

(SPV)

The CaptiveUser shall consume not

less than 51% of the net electricity

generated

on

annual

basis

in

proportion to their shares in the units

identified for Captive use.

d. Manner of assessment of data related to generation from CGP and

consumption by the CaptiveUser: -

Sl.

no.

Location

Criteria

1

CGP and its

CaptiveUser are

co-located

a. For CGP:

Net generation from the CGP and consumption by the

CaptiveUser shall be based on the reading of the meter

installed for recordingthe generation at the injection side

(“generation meter”).

b. For CaptiveUser:

The

electricity

sourced

at

the

consumption

side

(“consumption meter”).

2

CGP and its

CaptiveUser are

located within

the State (but

not co-located),

a. For CGP:

Based on actual injection from the CGP as per the data

provided by the SLDC

b. For CaptiveUser:

The corresponding consumption or the actual consumption

whichever is lower, based on the meter reading at the User

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Sl.

no.

Location

Criteria

interface with the grid as provided by the SLDC and the

distribution licensee in whose area the User are located.

3

The CGP and its

CaptiveUser

is/are located in

different States

a. For CGP:

Based on actual injection from the CGP as per the data

provided by the respective RLDC/SLDC.

b. For CaptiveUser:

The corresponding consumption or the actual consumption

whichever is lower, based on the meter reading at the User

interface with the grid as provided by the concerned SLDC

of the recipient state(s) and the distribution licensee in

whose area the User are located.

Provided that the consumption of electricity by the CaptiveUser may be either

directly or through Energy Storage System;

Provided that the consumption by a subsidiary company as defined in clause

(87) of section 2 of the Companies Act, 2013 (18 of 2023) or the holding

company as defined in clause (46) of section 2 of the Companies Act, 2013 (18

of 2023), of a company which is a CaptiveUser, shall also be admissible as

Captive consumption by the CaptiveUser.

Provided that the Captive status of such generating plants, where Captive

generating plant and its CaptiveUserare located in more than one state, shall

be verified by the Central Electricity Authority as per the procedure issued by

the Authority with the approval of the Central Government.

5.8. Verification of equity shareholding criteria

a. Verification criteria for various types of CGP shall be as follows: -

Sl.

no.

Type of

CaptiveUser

Criteria

Support Document

1

Single CaptiveUser

The User shall hold not less than

26% of the equity share capital

having voting rights throughout the

year.

A certificate from the

Company Secretary.

2

Partnership firm/

Limited Liability

Partnership (LLP)

Ownership in the Captive plant shall

be not less than 26% proprietary

interest

and

control

over

the

generatingstation or power plant on

annual basis.

A certificate from the

Company Secretary.

3

Association of

Persons (AoP)

The

CaptiveUser

shall

hold

an

aggregate of not less than 26% of

the ownership/paid-up equity share

capital with voting rights throughout

the Year.

A certificate from a

registered Chartered

Accountant.

4

Cooperative Society

Members

of

the

society

shall A certificate from the

Jharkhand Gazette (Extraordinary), Thursday 9th May, 2024

6

Sl.

no.

Type of

CaptiveUser

Criteria

Support Document

collectively satisfy not less than 26%

of the ownership on annual basis.

District Registrar of

Cooperative Society.

5

Special Purpose

Vehicle (SPV)

The

CaptiveUser

shall

hold

an

aggregate of not less than 26% of

the proportionate paid-up equity

share capital with voting rights of

the units identified for Captive use

(i.e. the proportionate of the Equity

of the company related to the

generating unit or units identified as

the CGP) throughout the year

A certificate from a

registered Chartered

Accountant.

Provided that if the Captive generating plant is set up by an affiliate company,

not less than fifty-one per cent of the ownership, is held by the CaptiveUser, in

that affiliate company;

6. Consequence of failure to meet CaptiveUserstatus

6.1. The CaptiveUser shall be required to submit the security deposit by 15th of

July of every year in the form of unconditional and irrevocable Bank

Guarantee (BG) for an amount equivalent to 51% Captive consumption for

one-year period, to the concerned distribution licensee as a payment security

mechanism towards estimated cross subsidy surcharge, additional surcharge

and any other charge as may be decided from time to time by the

Commission.

6.2. The Bank Guarantee (BG) shall have a term of 12 months and will have to be

renewed/revised annually of an amount equivalent to 51% of its estimated

Captive consumption by 31st of May or after completion of Captive verification

by the Commission, whichever comes first.

6.3. In case the Bank guarantee is not renewed/revised by 31st of May before its

expiry date of 15th of July, the Bank guarantee shall be invoked by the

Distribution licensee towards its cross-subsidy surcharge and additional

surcharge or any other applicable Open access charges.

6.4. In case Bank guarantee is not renewed/revised by 31st of May before its

expiry date of 15th of July the Bank guarantee shall be forfeited by the

Distribution licensee towards its cross-subsidy surcharge and additional

surcharge or any other applicable Open access charges.

Provided that there shall be no exemption from Cross Subsidy Surcharge and

Additional Surcharge on the electricity consumed by other consumers who are

receiving power from this Captive generating plant and are not the Captive

consumers.

6.5. If the CGP or CaptiveUser fails to meet the criteria of ownership and/or

consumption, specified in Rule 3 of Electricity Rule 2005 and in these

Regulations, as the case may be as amended from time to time, by the end of

the financial year, such CGP or CaptiveUser shall lose its Captive status for

Jharkhand Gazette (Extraordinary), Thursday 9th May, 2024

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that year leading to imposition of Cross Subsidy Surcharge and Additional

Surcharge along with other charges as applicable on open access consumers

which shall be payable to the concerned distribution licensee(s).

7.

Inherent powers of the Commission

7.1. Nothing in these Regulations shall be deemed to limit or otherwise affect the

power of the Commission to make such orders as may be necessary to meet

the ends of justice.

7.2. Nothing in these Regulations shall bar the Commission from adopting in

conformity with the provisions of the Act, a procedure which is at variance

with any of the provisions of these Regulations, if the Commission, in view of

the special circumstances of a matter or a class of matters, deems it just or

expedient for deciding such matter or class of matters.

7.3. Nothing in these Regulations shall, expressly or implied, bar the Commission

from 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.

8.

Power to Relax

8.1. The Commission may by general or specific order, for reasons to be recorded

in writing, and after giving an opportunity of hearing to the parties likely to be

affected, may relax any of the provisions of these Regulations on its own

motion or on an application made before it by the affected party.

9.

Power to Remove Difficulties

9.1. If any difficulty arises in giving effect to the provisions of these Regulations,

the Commission may, by general or specific order, give directions, not

inconsistent with the provisions of the Act, as may appear to be necessary or

expedient for the purpose of removing difficulties.

10. Power to amend

10.1. The Commission may from time to time add, vary, alter, modify or amend any

provisions of these Regulations after following the necessary procedures.

11. Interpretation

11.1. The decision of the Commission regarding the interpretation of these

Regulations shall be final and binding.

By Order of the Commission.

R.P.Nayak,

Secretary

Jharkhand Gazette (Extraordinary), Thursday 9th May, 2024

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FORMAT

[To be submitted by the Captive Generating Plant]

CERTIFICATE ON “OWNERSHIP” AS PER RULE 3 OF ELECTRICITY RULES,

2005

We hereby certify that the Equity Share Capital with voting rights of _________ (Name

of

company)

having

constitution

as

Single

CaptiveUser/

Partnership

firm/LLP/AoP/SPV having its registered office at satisfy the requirements under Rule

3 of the Electricity Rules 2005 for qualifying as a Captive Generation Plant with

reference to “Ownership” criteria. The detailed breakup of the issued, subscribed and

paid-up equity share capital, including percentage of holding in Equity Share Capital

with voting rights of the Company held by CaptiveUser vis-a-vis otherUser have been

tabulated below.

Equity Share Capital CaptiveUser/others with Voting Rights as on…….

S.No.

Class of

Share

holderCaptiveUser/

others

Class

of

Equity

shares

No. of

Equity

Shares

Value

per

Equity

Share

Amount

of Equity

Share

Capital

Percentage

holding in

Equity Share

capital

No. of

Voting

rights

Percentage

holding in

Voting

Rights

Percentage

holding in

Equity

Share

Capital

with voting

rights

1.

2.

-

N.

Total

Please find attached the following:

Annexure

1. Copy of the latest audited balance sheet of the Captive Use

A) Copy of the Share Certificate for the above.

B) Copy of the SH-4 Certificate.

Signature of Chartered Accountant/ Company Secretary:

Name in Block letters:

Membership No.:

Name of firm:

Firm Registration number:

Place:

Date:

Jharkhand Gazette (Extraordinary), Thursday 9th May, 2024

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To be submitted by the Generator which is a Limited Liability Partnership Firm]

CERTIFICATE ON “OWNERSHIP” AS PER RULE 3 OF ELECTRICITY RULES,

2005 FOR WHEELING UNDER CAPTIVE CATEGORY

We hereby certify that M/s. ________________, a Partnership Firm having its

Registered Office at ___________ satisfy the requirements under Rule 3 of Electricity

Rules, 2005 for qualifying as a Captive Generation Plant with reference to

“Ownership” criteria as per the Partnership Deed dated ______________ with reference

to HT.SC No._________________ of ______________ E.D.C. We confirm that the Captive

consumers are holding proprietary interests and control over the Captive Generation

Plant.

The detailed breakup of the ownership of each partner in the Partnership Firm has

been tabulated below in Table A. Further, specific breakup of the proprietary interest

and control in relation to Captive Generation Plant held by CaptiveUser vis-à-vis

other User has been tabulated below in Table B.

TABLE A

Ownerships of the Captive Generation Plant of the Partnership Firm as on

………...

Sl no

Name

of the

partner

Capital

contribution

% of capital

contribution

Profit

sharing

Ratio

Whether

Control

Proportionate

to Capital

Contribution?

Remarks

on

control

pattern*

1.

2.

-

N.

Total

* Please provide remarks in the relevant column whether control is proportionate to

the capital contribution. Further annex the Partnership Deed of the verification of

above details.

TABLE B

Ownership of the Captive Generation Plant of the Partnership Firm as

on…………...

Type of

Owner

HT. SC.

NO.

EDC

% of proprietary

interest in the

Captive Generating

Plant

Whether Control

Proportionate to

Proprietary interest?

Remarks on

control

pattern*

Captive

Other

Total

* Please provide remarks in the relevant column whether control is proportionate to

the capital contribution. Further annex the Partnership Deed of the verification of

above details.

Jharkhand Gazette (Extraordinary), Thursday 9th May, 2024

10

[To be submitted by the CaptiveUser (also owners) of the Limited Liability

Partnership Firm]

AUDITOR’S CERTIFICATE

I hereby certify that CaptiveUser Name, a company incorporated under Companies

Act, 2013 (or earlier Act) and having its registered office at _________________ with HT.

SC. No. ______ at ______________ EDC is a partner with capital contribution of Rs.

______ with controlling interest of __________ percentage in Captive Power Generator

Firm Name which owns a Generating Plant with Capacity __________ under HT. SC.

No. _____________ at _____________ EDC as on date.

Please find attached the following:

Annexure

1. Copy of the latest audited balance sheet of the Captive Use

2. Copy of the latest partnership deed.

Signature:

Name in Block letters:

Membership No.:

Name of firm:

Firm Registration No.:

Name of the Partner:

Membership No.:

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Printed & Published by the Superintendent of Jharkhand Government Press, Doranda, Ranchi.

Jharkhand Gazette (Extraordinary) 258-- 50.