[7]

TAMIL NADU

GOVERNMENT GAZETTE

PUBLISHED BY AUTHORITY

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

GOVERNMENT OF TAMIL NADU

[R. Dis. No. 197/2009.

2022

[Price : Rs. 3.20 Paise.

DTP—VI-2 (4)—1

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.

TAMIL NADU ELECTRICITY REGULATORY COMMISSION, CHENNAI. ..

Tnerc - Fees and Fines Regulations, 2022

8-13

GOVERNMENT EXAMINATIONS / EDUCATIONAL OFFICERS

Loss of Certiﬁ cates. .. .. .. .. .. .. ..

13-14

TAMIL NADU GOVERNMENT GAZETTE

[Part VI—Sec. 2

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.

(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.

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.

(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.

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

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.

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:-

Tඉඊඔඍ

Sl.

No.

Nature of Application / Petition

Fees

Determination of Grid, Bulk or Retail Tariﬀ

0.02% of the revenue receipts

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.

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

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

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

Rs.1,000

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

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

TAMIL NADU GOVERNMENT GAZETTE

[Part VI—Sec. 2

Sl.

No.

Nature of Application / Petition

Fees

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.

Review of order passed on Power Purchase or

Procurement Process

Rs.50,000

(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

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

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.

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

Jan. 26, 2022]

TAMIL NADU GOVERNMENT GAZETTE

Sl.

No.

Nature of Application / Petition

Fees

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/-

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.

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.

Inspection of orders or records of the Commission

Rs.250 per day (Restricted to 2 hours)

Supply of copies of documents / orders of the

Commission

Rs.5/- per page

Complaint against the working of a utility by the end

user / consumer

Nil

For various oﬀ ences, 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.

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.

(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:-

TAMIL NADU GOVERNMENT GAZETTE

[Part VI—Sec. 2

Tඉඊඔඍ

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,

S.CHINNARAJALU,

6th January 2022.

Secretary,

Tamil Nadu Electricity,

Regulatory Commission.

Jan. 26, 2022]

TAMIL NADU GOVERNMENT GAZETTE

Eච඘ඔඉඖඉග඗කඡ Sගඉගඍඕඍඖග

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 eﬀ ect 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,

S.CHINNARAJALU,

6th January 2022.

Secretary,

Tamil Nadu Electricity,

Regulatory Commission.

TAMIL NADU GOVERNMENT GAZETTE

[Part VI—Sec. 2

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:–

C.N.C.

Number

Name of the

Candidate and

Institution

Register

Number and

Certiﬁ cate

Number

Month

and Year

Details of

Examination

Reference

Number and Date

(1)

(2)

(3)

(4)

(5)

(6)

No. VI(2)/11/2022.

Arokiasamy, P.

30554

MA 085809

November

1981

Typewriting

Tamil Higher

Second Class

ï.è. â‡. 114137/†®3/2021,

10-01-2022

48567

C 876

November

1982

Typewriting

English High Speed

Second Class

Do.

16975

9432

November

1972

Typewriting

English Higher

Second Class

Do.

No. VI(2)/12/2022.

Arun Pandi, G.

22-04-1998

641930

GTE 736050

February

2020

Typewriting

English Senior

Second Class

ï.è. â‡. 118702/†®3/2021,

10-01-2022

641930

GTE 647029

February

2020

Typewriting

Tamil Junior

First Class with

Distinction

Do.

No. VI(2)/13/2022.

Jeevanantham, S.

16-10-1991

627753

GTE 750773

February

2020

Typewriting

Tamil Senior

Second Class

ï.è. â‡. 122199/†®3/2021,

10-01-2022

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

ON BEHALF OF THE GOVERNMENT OF TAMIL NADU