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Tamil Nadu Gazette · Government of Tamil Nadu

Notifications of interest to a section of the public issued by Heads of Departments, etc

Published 26 January 2022

Type
Ordinary
Gazette no.
4
Part
Part VI
Section
Section 2
Identifier
in.gazette.tamilnadu.2022-01-26.Ordinary_4_Part-VI_Section-2
Languages
English, Tamil
Published at
Original source ↗

©

GOVERNMENT OF TAMIL NADU 2022

[Regd. No. TN/CCN/467/2012-14.

[R. Dis. No. 197/2009.

[Price : Rs. 3.20 Paise.

TAMIL NADU GOVERNMENT GAZETTE PUBLISHED BY AUTHORITY

No. 4] CHENNAI, WEDNESDAY, JANUARY 26, 2022 Thai 13, Pilava, Thiruvalluvar Aandu–2053

Part VI—Section 2

Notifications of interest to a section of the public

issued by Heads of Departments, etc.

NOTIFICATIONS BY HEADS OF DEPARTMENTS, ETC.

CONTENTS

Pages.Pages.

TAMIL NADU ELECTRICITY REGULATORY COMMISSION, CHENNAI. ..

Tnerc - Fees and Fines Regulations, 2022 .. .. ..

.. .. .. 8-138-13 GOVERNMENT EXAMINATIONS / EDUCATIONAL OFFICERS GOVERNMENT EXAMINATIONS / EDUCATIONAL OFFICERS

Loss of Certifi cates. .. .. .. .. .. .. .. 13-1413-14 Loss of Certifi cates. .. .. .. .. .. .. ..

[7]

DTP—VI-2 (4)—1[Part VI—Sec. 2 8 TAMIL NADU GOVERNMENT GAZETTE

NOTIFICATIONS BY HEADS OF DEPARTMENTS, ETC.

TAMIL NADU ELECTRICITY REGULATORY COMMISSION, CHENNAI.

Tnerc - Fees and Fines Rregulation, 2022.

(Lr.No. TNERC/Legal/50/D.No.36/2022/07-01-2022)

(Notifi cation No.TNERC/F&F-1/2022)

No. VI(2)/10/2022.

In exercise of the powers conferred on it by clause (g) of sub-section (1) of Section 86 of the Electricity Act, 2003 (Act 36 of 2003) and all powers enabling it in that behalf, the Tamil Nadu Electricity Regulatory Commission hereby makes the following Regulations:-

These Regulations supersede Tamil Nadu Electricity Regulatory Commission – Fees and Fines Regulations, 2004 published in Notifi cation No.TNERC/F&F/4/2, dated 08-01-2004 and all amendments issued thereafter to the said notifi cation in the Gazette dated 18th February, 2004.

1. (i) These Regulations may be called the "Tamil Nadu Electricity Regulatory Commission – Fees and Fines Regulations, 2022".

(ii) They shall come into force on the date of their publication in the Tamil Nadu Government Gazette.

2. In these Regulations, the words or expressions shall bear the same meaning as in the Electricity Act, 2003 or the other regulations issued by the Commission.

3. (i) Every petition, application or grievance made to the Commission shall be made by payment of the appropriate fees specifi ed in these regulations.

(ii) The fees or the fi nes payable to the Commission as prescribed under these regulations or Conduct of Business Regulations shall normally be paid by means of bank draft or Banker's cheque drawn in favour of the Secretary, Tamil Nadu Electricity Regulatory Commission, payable at Chennai or through online mode. For amounts not exceeding Rs.1000, Secretary may accept cash payments. Licensees may be permitted to issue cheques, payable at Chennai.

(iii) The payments received as above by the Secretary of the Commission shall be deposited in a Bank Account to be maintained by the Commission in such branches as the Commission may direct from time to time.

(iv) The Commission shall be entitled to add, amend, alter or waive the amounts of fees or fi nes payable as provided in these regulations by an order to be made in this regard.

4. For purposes of convenience and the knowledge of public, the petitions presented before the Commission shall be categorized as follows:

(i) Petition for Licensing to be registered as L.P.

(ii) Tariff petition to be registered as T.P.

(iii) Dispute Resolution Petition to be registered as D.R.P.

(iv) Review petition to be registered as R.P.

(v) Miscellaneous petition to be registered as M.P.

(vi) Power Purchase Approval Petition to be registered as P.P.A.P.

(vii) Petitions to be posted for maintainability or to be heard before numbering are to be registered as P.R.C. (Pre-Registration Case)

(viii) Remand cases to be registered as R.A.

(ix) Transferred cases to be registered as T.A.

(x) Consumer grievances about utility or general nature and not falling under Miscellaneous petition – to be treated as normal offi ce disposal.

Jan. 26, 2022] TAMIL NADU GOVERNMENT GAZETTE 9

5. The fees payable to State Load Dispatch Centre by the Generating Companies and Licensees engaged in Intra State Transmission of electricity as stipulated under sub-section (3) of Section 32 of the Electricity Act, 2003 shall be decided by the Commission from time to time.

6. The fee structure for (a) determination of grid, bulk or retail tariff (b) transmission tariff and petitions on these tariff (c) petitions/ applications for approval of power purchase or procurement process and (d) Miscellaneous is furnished in the table below:-

T(cid:3465)(cid:3466)(cid:3476)(cid:3469)

Sl. No. Nature of Application / Petition Fees
1 Determination of Grid, Bulk or Retail Tariff 0.02% of the revenue receipts in the preceding year in case of an existing licensee or the expected revenue, receipts in the year for which the tariff is determined by the Commission in the case of a new Licensee, as the case may be with a maximum limit of Rs.2.25 crores.
2 Determination of Transmission Tariff 0.02% of the Revenue receipt in the preceding year in the case of an existing licensee or the expected revenue receipt in the year for which the tariff is to be determined by the Commission in case of new Licensee, as the case may be, with a maximum limit of Rs.25 lakhs
3 Approval for fees and charges collectable by SLDC from the generating companies and Licensees engaged in Intra-State Transmission of Electricity under Section 32 (3) of the Electricity Act, 2003 0.02% of the revenue receipt in the preceding year
4 Review of Order as in (1), (2) (3) above for a
(a) Request by the original tariff petitioners themselves 5% of the fees paid at the time of fi ling the original tariff petition
(b) Request by an Association / Group / Organisation registered under the Companies Act, 1956 (Act 1 of 1956) or any fi rm or other Corporate Body Rs.15,000
(c) Request by an individual consumer Rs.1,000
5 Determination of Capital Cost of Projects wherein the Power Purchase Agreement has not been approved by the Commission Rs.2,000 per MW or part thereof
6 Approval of agreement relating to Power Purchase or procurement process
(i) If the agreement is for a period of one year and above which relates to conventional fuel based plant Rs.2,500 per MW or part thereof
(ii) If the agreement is for a period of one year and above which relates to Non-Conventional & Renewable Sources of Energy including co-generation Rs.2,000 per MW or part thereof
(iii) If the agreement is for a period less than one year which relates to Conventional fuel based plant Rs.1,250 per MW or part thereof
(iv) If the agreement is for a period less than one year which relates to Non-Conventional & Renewable Sources of energy including co- generation Rs.1,000 per MW or part thereof
Note: In cases where the Commission declines to approve a Power Purchase Agreement, the fees paid at the time of fi ling the said application shall be refunded after deducting any reasonable expenses incurred by the Commission in processing the said petition or application, as may be decided by the Commission.
7 Review of order passed on Power Purchase or Procurement Process Rs.50,000
8 (a) Miscellaneous Petitions fi led by individuals, not covered by other listed categories Rs.1000
(b) Miscellaneous Petitions not covered by other listed categories and fi led by any organization registered under the Companies Act, 1956 (Act 1 of 1956) or any fi rm or other Corporate Body / Government entities. Rs.25,000
(c) For any Interlocutory Application (IA) in any main petition fi led before the Commission by an individual Rs.500
(d) For I.A. fi led by any organization registered under the Companies Act, 1956 or any Firm or any other Corporate Body registered under other Statutes Rs.1000
(e) For I.A. fi led by any other Association of Consumers or Generators Rs.1000
9 Miscellaneous Petitions fi led by Associations or Groups not covered by other listed categories
(a) Miscellaneous Petitions filed by Registered Association of consumers or generators Rs.2,50,000
(b) Miscellaneous Petitions fi led by other Registered Associations Rs.10,000
For the purpose of Regulations 6(8) and 6(9) of these regulations, 1. Miscellaneous Petitions shall mean and include the following:- (a) Petition for enforcement of any earlier orders of the Commission already issued or petition for enforcement of any regulation or any order passed by CGRF / Ombudsman including petitions under Section 142 (b) Petitions seeking clarifi cations on the orders / regulations already issued not being in the nature of seeking opinion in the fi rst instance. (c) All petitions which are not covered by listed categirues (d) declaratory relief not amounting to monetary claims directly or indirectly or change in law, but does not include the petitions on individual consumer dispute which can be redressed by the Consumer Grievance Redressal Forum or Electricity Ombudsman and petitions on offi cial mis-conduct of the offi cials staff of the Licensee requiring Departmental Proceedings or vigilance enquiry and petitions relating to unauthorised usage of energy or theft of energy
10 For adjudication of disputes between Licensees and generating companies under section 86 (1) (f) of the Act or for adjudication of disputes under any other provision of the Electricity Act, 2003 or regulations, rules and orders made thereunder Slab Rate: (i) Upto Rs.100 crores – 1% of the claim / amount in dispute (ii) For portion of the claim / amount in dispute which is above Rs.100 crores and upto Rs.150 crores – 0.75% of the claim. (iii) For portion of the claim / amount in dispute which is above Rs.150 crores - 0.50% of the claim subject to a minimum of Rs.75,000/-
11 Fees for Review Petition
(ii) Review Petition fi led by an individual against the orders of the Commission in a Miscellaneous Petition Rs.500
(iii) Review Petition fi led by any organization registered under the Companies Act, 1956 (C.A. No. 1 of 1956) or any fi rm or Corporate Body against the orders in Miscellaneous Petition/Government entities. Rs.6000
(iv) Review Petition fi led by registered association of consumer or generators against the orders in a Miscellaneous Petition Rs.25,000
(v) Review Petition fi led against the orders in a Dispute Resolution Petition (DRP) 12% of the fees paid in original D.R.P.
For the purpose of Regulation 10 of these Regulations the terms amount in dispute and claim shall mean and include:- (a) All monetary claims expressly stated in the prayer or any part of the petition or found in the documents fi led thereto. (b) A specifi ed claim in the demand notice. (c) The value of Bank Guarantee or Performance Guarantee or Liquidated Damages which is sought to be not enforced. (d) Any dispute not amounting to monetary claim but requires adjudication by the Commission subject to payment of minimum fee.
12 Inspection of orders or records of the Commission Rs.250 per day (Restricted to 2 hours)
13 Supply of copies of documents / orders of the Commission Rs.5/- per page
14 Complaint against the working of a utility by the end user / consumer Nil
[Part VI—Sec. 2 10 TAMIL NADU GOVERNMENT GAZETTE Jan. 26, 2022] TAMIL NADU GOVERNMENT GAZETTE 11

7 For various offences, non-compliances of the Act provisions, directions of the Commission, etc. the fi nes and penalties shall be governed by the respective provisions in the Act and Conduct of Business Regulations.

8 The fees to be paid for an appeal petition against the orders of the Assessing Offi cer under sub-section (1) of Section 127 of the Act shall be separately specifi ed by the Commission.

9. (1) The fees to be accompanied with application for grant of license under Licensing sub-section (1) of Section 15 of the Act shall be as prescribed by the Government under fee clause (a) of sub-section (2) of Section 180 of the Act.

(2) The Licence fee payable by a licensee under the Tamil Nadu Electricity Regulatory Commission (Licensing) Regulations 2005 shall be as set out in the following Table:-

[Part VI—Sec. 2 12 TAMIL NADU GOVERNMENT GAZETTE

T(cid:3465)(cid:3466)(cid:3476)(cid:3469)

Payment of Licence Fees

S.No. Particulars Fees
(1) (2) (3)
(a) Initial Licence Fees
(i) Transmission Rs.1000/- MW of projected capacity subject to a minimum of Rs.1 lakh and maximum of Rs.20 lakhs
(ii) Distribution 0.002 paise per unit of electricity estimated to be sold during the year subject to a minimum of Rs. 2 lakhs and maximum of Rs.10 lakhs
(iii) Trading 0.04% of value estimated to be traded subject to a minimum of Rs.3 lakhs.
(b) Annual Licence Fees
(i) Annual Licence Fees – Transmission Rs.500/MW of capacity available at the end of the previous year subject to a minimum of Rs.50,000/-
(ii) Annual Licence Fees – Distribution 0.02 paise per unit of electricity proposed to be sold during the year subject to a minimum of Rs.20 lakhs and maximum of Rs.2 crore.
(iii) Trading 0.02% of value estimated to be traded subject to a minimum of Rs.2 lakhs
(c) Grant of exemption under Section 13 of the Electricity Act, 2003. Rs.10,000
(d) Making amendments / alterations to the terms and conditions of licence under section 18 Rs.20,000/-
(e ) Grant of prior approval under section 17 of the Act Rs.10,000/-

10. (1) Where the petitioner withdraws a petition before taking up the petition on fi le and numbering it, he shall be liable to pay such cost as the Commission may award, except in cases fi led by individuals, as reasonable expenses for processing the petition and after deducting the same, the balance amount of court fee paid by the petitioner shall be refunded to the petitioner.

(2) Upon such withdrawal, the petitioner shall be precluded from fi ling any fresh petition in respect of such subject matter or part of the claim covered by such subject matter.

(3) Where a Writ Petition is transferred or remanded by the High Court to the Commission for disposal in accordance with law or where the petitioner fi les a petition before the Commission, the fees as applicable torespective category of petition as per these regulations shall be paid by the Petitioner.

Save as otherwise provided in these Regulations, the "Tamil Nadu Electricity Regulation–Fees and Fines Regulations, 2004 shall stand repealed from the date of commencement of these Regulations.

(By order of the Tamil Nadu Electricity Regulatory Commission) Chennai–600 032, 6th January 2022.

S.CHINNARAJALU, Secretary, Tamil Nadu Electricity, Regulatory Commission.

Jan. 26, 2022] TAMIL NADU GOVERNMENT GAZETTE 13

E(cid:3488)(cid:3480)(cid:3476)(cid:3465)(cid:3478)(cid:3465)(cid:3484)(cid:3479)(cid:3482)(cid:3489) S(cid:3484)(cid:3465)(cid:3484)(cid:3469)(cid:3477)(cid:3469)(cid:3478)(cid:3484)

The Hon'ble High Court of Madras in W.P. Nos.10944 of 2021 and other connected Writ Petitions directed the Commission to examine whether there exist any case of excessive fi ling of fees and take necessary action. The observations of the Hon'ble High Court of Madras is as follows:-

"W.P.Nos.10944, 15030 and 23678 of 2021

Let the hearing stand over for a fortnight to enable the Tamil Nadu Regulatory Commission to consider, in

consultation with all stakeholders, the serious prejudice caused by the perceived excessive fi ling fees and

the access to justice being restricted as a consequence".

Consequently, the Commission issued a Consultative Paper inviting comments from the stakeholders. The comments of the stakeholders mainly centre on the perceived excessive fi ling fees, proportionality to the cost of administration of justice and fees prevailing in other State Commissions. In this connection, the Finance Department of GoTN which is a stakeholder expressed its opinion as follows:-

"Letter No.134/DS/(SA)/Finance (PW-II)/2021, dated 13-10-2021 from Finance (PW-II) Department, Secretariat, Chennai-9.

2. In this regard, Finance Department is of the view that the fees should continue at the prevailing rates so as

to avoid frivolous petitions. The Tamil Nadu Electricity Regulatory Commission is an autonomous regulatory body and is

fully within its jurisdiction to fi x a fee for fi ling a petition before it. The system has worked well so far and need not

be interrupted at this stage. Any petitioner who is confi dent of the cause of his petition should bear the cost. The

petitioners in this case are industries and not individual citizens".

In order to fi nalize the regulations, the Commission decided to issue draft regulations for seeking comments of the stakeholders and fi xed the last date for obtaining the comments of the stakeholders as on 24-12-2021. Thereafter, several comments have been received from the stakeholders which are mainly on the ground that the fee is excessive for dispute resolution related functions and that fee structure for dispute resolution requires a ceiling and that the fee has to be charged in proportion to the cost of administration of justice.

Considering the views of the stakeholders and Finance Department of GoTN and also the fees prevailing in other States especially Kerala and Karnataka which are more or similar to the Commission's Regulations, the present amendment seeks to give effect to the directions of the Hon'ble High Court of Madras in the matter of perceived excessive fi ling fees.

(By Order of the Tamil Nadu Electricity Regulatory Commission)

Chennai–600 032, 6th January 2022.

S.CHINNARAJALU, Secretary, Tamil Nadu Electricity, Regulatory Commission.

[Part VI—Sec. 2 14 TAMIL NADU GOVERNMENT GAZETTE

GOVERNMENT EXAMINATIONS / EDUCATIONAL OFFICERS

LOSS OF CERTIFICATES

It is hereby notifi ed that the Original Higher Secondary Certifi cates / Matriculation Certifi cates / Diploma Certifi cates / School Certifi cates of the following pupils are reported to have been lost beyond recovery. Necessary steps are being taken to issue the duplicate of the said Certifi cates. If the Originals were to be found by anybody, they should be treated as invalid and sent to the Secretary, Board of Higher Secondary Examination / Directorate of Government Examinations, Chennai-6 / Director of Technical Education, Chennai-25 / Inspector / Inspectress of Matriculation and Anglo-Indian Schools as the case may be for cancellation:–

Register

Name of the

Number and

Month

Details of

Reference

C.N.C.

Candidate and

Certifi cate

and Year

Examination

Number and Date

Number

Institution

Number

(1) (2)

(3) (4) (5)

No. VI(2)/11/2022.

Arokiasamy, P. 30554

November

MA 085809

1981

48567

November

C 876

1982

16975

November

9432

1972

No. VI(2)/12/2022.

Arun Pandi, G.

641930

February

22-04-1998

GTE 736050

2020

641930

February

GTE 647029

2020

No. VI(2)/13/2022.

Jeevanantham, S.

627753

February

16-10-1991

GTE 750773

2020

(6)

Typewriting

Tamil Higher

ந.க. எண். 114137/ட்டி3/2021, 10-01-2022 Second Class

Typewriting

Do.

English High Speed

Second Class

Typewriting

Do.

English Higher

Second Class

Typewriting

English Senior

ந.க. எண். 118702/ட்டி3/2021, 10-01-2022 Second Class

Typewriting

Tamil Junior

Do.

First Class with

Distinction

Typewriting

Tamil Senior

ந.க. எண். 122199/ட்டி3/2021, 10-01-2022 Second Class

K. பிரபாகரன்,

கூடுதல் இயக்குநர் (தேர்வுகள்) (மு.கூ.பொ) , தேர்வு வாரியம், தொழில்நுட்பக் கல்வி இயக்ககம், சென்னை-600 025.

PRINTED AND PUBLISHED BY THE COMMISSIONER OF STATIONERY AND PRINTING, CHENNAI

ON BEHALF OF THE GOVERNMENT OF TAMIL NADU

Cite this issue. Tamil Nadu Gazette, Government of Tamil Nadu, 26 January 2022. Indian Gazettes, https://egazette.servantsofknowledge.in/details/in.gazette.tamilnadu.2022-01-26.Ordinary_4_Part-VI_Section-2/. Archive identifier in.gazette.tamilnadu.2022-01-26.Ordinary_4_Part-VI_Section-2.