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1 [The Himachal Pradesh Electricity Regulatory Commission (Conduct of Business) Regulations, 2005]

b5625cbfea7b4b0d89bc03e5a9532c3751cbde9e · 2003 · State unknown

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Parent: THE ELECTRICITY ACT, 2003 (bea677da57499fcb64c52f6584daa7b9a09b875c)

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1 [The Himachal Pradesh Electricity Regulatory Commission (Conduct of Business) Regulations, 2005] Amended, repealed or otherwise affected by- The HPERC (Conduct of Business) (First Amendment) Regulations, 2005. The HPERC (Conduct of Business) (Second Amendment) Regulations, 2005, vide Not. No. The HPERC (Conduct of Business) (Third Amendment) Regulations, 2008, vide Not. No. The HPERC (Conduct of Business) (Fourth Amendment) Regulations, 2008 vide Not. No. The HPERC (Conduct of Business)(Fifth Amendment) Regulations, 2008 The HPERC (Conduct of Business) (Sixth Amendment) Regulations, 2010 Not. No. HPERC/151 The HPERC (Conduct of Business) (Seventh Amendment) Regulations,2014 vide Not. No. The HPERC (Conduct of Business) (Eighth Amendment) Regulations, 2014 vide Not. No. The HPERC (Conduct of Business) (Ninth Amendment) Regulations, 2019 vide Not. No. The HPERC (Conduct of Business)(Tenth Amendment) Regulations, 2019 vide Not. No. The HPERC (Conduct of Business)(Eleventhhh Amendment) Regulations, 2021 vide Not. No. NOTIFICATION Dated: 1 st January, 2005 No. HPERC/Secy/151/2004.- The Himachal Pradesh Electricity Regulatory Commission in exercise of the powers conferred by clauses (g), (zg) and (zl) of sub--section (2) of section 181, read with clause (g) of sub-section (1) of section 86 and sub-sections (1) of section 92, of the Electricity Act, 2003 (Act No.36 of 2003) and all other powers enabling it in this behalf, after previous publication, hereby makes the following regulations, namely,- CHAPTER -1 PRELIMINARY Short title, extent and commencement.(1) These regulations may be called the Himachal Pradesh Electricity Regulatory Commission (Conduct of Business) Regulations, 2005. These regulations extend to the whole of the State of Himachal Pradesh; 1 Published in the

Rule TOC

1 · [The Himachal Pradesh Electricity Regulatory Commission (Conduct of Business) Regulations, 2005]
1 · Published in the R.H.P (Extra.) dated 14 th January, 2005 at p.3386-3480. For Hindi text see R.H.P (Extra.) dated 14 th January, 2005 at p. 3279-3385.
1 · [1-A. Applicability: These regulations shall apply in relation to the functions to be performed and duties to be discharged by the Commission under the provisions of the Act and these regulations shall, mutatis mutandis as far as practicable and possible, apply also to the proceedings to be conducted by the Commission or by an adjudicating officer appointed under section 27 of the Energy Conservation Act, 2001 or under any law for the time being in force, so far these are not inconsistent with the provisions of the Act (ibid) or the provisions of such other law, as the case may be.]
2 · [(ca) "interlocutory application" means an application filed in any petition or proceeding already instituted before the Commission, but does not include an application for review;]
4 · [(i-a) "Review Petition" means the petition filed by any person under section 94(1) of the Act or regulation 63 of these regulations or any subsequent enactment thereof for review of the order or decision or directions of the Commission;]
3 · Commission's offices, office hours and sittings.- (1) The place (s) of the office(s) of the Commission may from time to time be decided by the Commission, by an order made in that behalf.
1 · Ins. 1 -A regulation vide Not. No. HPERC/151 dated 10 th June , 2019, published in the R.H.P dated 12 th June, 2019 at p. 2638-2642.
2 · Ins. vide Not. No. HPERC/151 dated 10 th January, 2014 Published in the R.H.P dated 13 th January, 2014 at p. 5676-5679.
3 · Sub. for words and sign "f "functions under the Act" vide Not. No. HPERC/151 dated 10 th June, 2019, published in the R.H.P dated 12 th June, 2019 at p. 2638-2642.
4 · Ins. vide Not. No. HPERC /151 dated 10 th January, 2014 published in the R.H.P. dated 13 th January, 2014 at p. 5676-5679.
4 · Language of the Commission.(1) The proceedings of the Commission shall be conducted in English.
1 · ["fgekpy izn s'k k fo|qr fofu;ked vk;ksx " ] in Devnagri in the bottom outer ring, as under: -
6 · Appointment of Secretary, Officers and Employees of the Commission . -(1) The Commission may have Secretary, and Officers and other employees for discharging various duties. It may also prescribe qualifications, experience and other terms and conditions for
1 · Sub. for the word "Truth Triumphs" and the emblem below sub-regulations (4) & (5) vide not. No. HPERC /151 dated 23 rd August, 2010 , published in the R.H.P. dated 25 th August, 2010 at p . 4075 .
7 · Functions and duties of the Secretary.- (1) The Secretary shall exercise such functions as are assigned to him by these Regulations or otherwise by the Chairperson.
8 · Delegation of Powers.(1) Save and except the powers exercisable under sections 14,18,86,91, 94 and 181 of the Act, the Commission may, by a general or special order in writing, delegate to any Member, Secretary or officer of the Commission such of powers and functions under the Act as it may deem necessary, subject to such terms and conditions, if any, as may be stated in such order.
9 · Proceedings before the Commission.- (1) The Commission may from time to time hold such proceedings as it may consider to be appropriate in the discharge of its functions under the Act.
1 · [9-A. Distribution of Business amongst Benches and transfer of cases from one Bench to another. -(1) Where Benches are constituted, the Chairperson may, from time to time, by order, make provisions as to the distribution of the business of the Commission amongst the Benches and also provide for the matters which may be dealt with by each Bench.
9 · -B. Decision to be by majority.If the Members of a Bench of the Commission consisting of two Members differ in opinion on any point, they shall state the point or points on which they differ, and make a reference to the Chairperson, who shall either hear the point or points himself or refer the case for hearing on such point or points by one or more of the other Members of the Commission and such point or points shall be decided according to the opinion of the majority of the Members of the Commission, who have heard the case including those who first heard it, but in such cases the Chairperson or the Member presiding over a bench shall not exercise a second or casting vote.
9 · -C. Quorum and sittings.- (1) The quorum for proceedings before the Commission shall be two 2 [among the three Members]:
3 · [Provided that where the Commission is "Two Member Commission" the single Member shall constitute the quorum:]
1 · Regulations 9-A to 9-D has been ins. vide not. No. HPERC/151/2007 dated 14
2 · Ins. vide not . No. HPERC/Secy/151 dated 4 th January, 2019, published in the R.H.P. dated 7 th January, 2019 9 at p . 7372 -7376.
3 · Proviso inserted vide not . N No. HPERC/Secy/151 dated 4 th January, 2019 , p published in the R.H.P. dated 7 th January, 2019 at p . 7372 -7376.
4 · Ins. vide not . No. HPERC/Secy/151 dated 4 th January, 2019, published in the R.H.P. dated 7 th January, 2019 9 at p . 7372 -7376.
9 · -D.Attendance by Members and voting.No Member shall exercise his vote on a decision, unless he is present during all the substantial hearings of the Commission on such matter.]
10 · Authorized representative to appear before the Commission . -(1) A person may appear himself or may authorize any of his employees to appear before the Commission and to act and plead on his behalf.
11 · Initiation of proceedings . -(1) The Commission may initiate any proceedings suo motu or on a petition filed by any affected or interested person.
1 · [Provided that where the Commission initiates suo-motu proceedings, the notice inviting public response shall clearly indicate the proposal of the Commission and shall be inserted/uploaded/published in public domain for seeking suggestions and objections of the public.]
12 · Petitions before the Commission . -(1) All petitions shall contain a clear and concise statement of the facts with material particulars, the relief sought, the applicable provisions of law and the basis for such relief.
13 · General headings.The general headings in all petitions before the Commission and in all advertisements and notices shall be in the Form CB -5 (Annexure-III).
14 · Affidavit in support.(1) The petitions filed shall be verified by an affidavit and every such affidavit shall be in the Form CB -6 (Annexure-IV):
1 · Proviso inserted vide not. No. HPERC/151 dated 10 th January, 2014, published in the R.H.P. dated 13 th January, 2014 at p. 5676-5679.
15 · Presentation and scrutiny of the pleadings, etc.- (1) All petitions shall be filed with ten copies and each set of the petition shall be complete in all respects.
1 · Ins. vide not. No. HPERC/151/2007 dated 14 th January, 2008, published in the RH.P. dated 15 th January, 2008 at p. 11495-11498.
16 · Service of notices and processes issued by the Commission.(1) Subject to the provisions of the rules framed by the State Government under sub-section (1) of section 171 of the Act, any notice or process to be issued by the Commission may be served by any one or more of the following modes, as may be directed by the Commission,-
17 · Filing of reply, opposition, objections, etc . -(1) Each person to whom the notice of inquiry or the petition is issued (hereinafter called "the respondent") who intends to oppose or support the petition shall file the reply and the documents relied upon within such period with ten copies and in such number of copies as may be directed by the Commission.
1 · [(4) Subject to the provisions of sub-regulation (6), every party to a petition, who intends to file a reply, written statement, rejoinder, objection, or application, in regard to a matter pending before the Commission, shall supply in advance, along with the documents and Annexures, as the case may be, a copy of reply, written statement, rejoinder or the application to an officer, designated by the Commission for this purpose and also to the opposite party or his Counsel or his authorized representative at least two days before the actual date of hearing, and file in accordance with the provisions of sub-regulation (4) of regulation 16 the proof to that effect with the office of the Commission:
1 · Subs . vide not . No. HPERC/151/2007 dated 14 th January, 2008 , published in the R.H.P. dated 15 th January, 2008 at p . 11495 -11498 and before its substitution it stood as under:-
18 · Hearing of the matter . -(1) The Commission may determine the stage, the manner, the place, the date and the time of the hearing of the matter as it may consider to be appropriate, consistent with such specific timing requirements as are set forth in the Act or otherwise needed to expeditiously decide the matter.
19 · Power of the Commission to call for information etc. -(1) The Commission may, at any time before passing orders on any matter, require the parties or any one or more of them or any other person whom the Commission considers appropriate, to produce such documentary or other material objects as evidence as the Commission may consider necessary for the purpose of enabling it to pass orders.
20 · Reference of issues to others. -(1) At any stage of the proceedings, the Commission shall be entitled to refer such issue or issues in the matter as it considers appropriate to persons including, but not limited to, the officers and consultants of the Commission whom the Commission considers as qualified to give expert or specialized advice or opinion.
21 · Procedure to be followed where any party does not appear . -(1) If, on the date fixed for hearing or any other date to which such hearing may be adjourned, if any party or his authorized agent or representative does not appear when the matter is called for hearing, the Commission may, in its discretion, either dismiss the petition for default when the petitioner or the person who moves the Commission for hearing is absent or proceed exparte to hear and decide the petition if the other party is absent.
22 · Orders of the Commission. -(1) The Commission shall pass orders on the petition and the Chairperson and the Members of the Commission, who heard the matter shall sign the orders. 1 [Such orders shall not be, after-words, altered or added, unless and except there is in the case of any clerical or mathematical errors arising there from any oversight or omission].
1 · Ins . vide not . No. HPERC/151/2007 dated 14 th January, 2008, published in the R.H.P dated 15 th January, 2008 at p . 11495 -11498 and sub -regulation (2) has been omitted which stood as under: -
23 · Inspection of records . -(1) The records of every proceedings shall be open, as of right, to the inspection of the parties or their authorized representatives at any time either during the proceedings or after the orders are passed, subject to payment of fees and compliance with such other terms as the Commission may direct.
24 · Supply of certified copies of documents . -(1) Any person shall be entitled to obtain copies of the orders, decisions, directions and reasons in support thereof given by the Commission as well as the pleadings, papers and other parts of the records of the Commission to which he is entitled to inspect on payment of fee and complying with other terms which the Commission may direct.
1 · Ins. vide not. No. HPERC/151 dated 10 th January, 2014, published in the R.H.P. dated 13 th January, 2014 at p. 5676-5679.
1 · [24-A . Register of Petitions/Appeals . -(1) A register in Form CB 12-A (Annexure- XA) shall be maintained in regard to the petitions and appeals filed against the orders, decisions or directions of the Commission -
24 · -B . Placing of Supreme Court/High Court/Appellate Tribunal Orders before the Commission. -Whenever an interim or final order passed by the Supreme Court of India, or the Appellate Tribunal for Electricity or the High Court in any petition or appeal or other proceeding preferred against the order, decision or direction of the Commission is received,
1 · Ins. vide not. No. HPERC/151 dated 10 th January, 2014, published in the R.H.P. dated 13 th January, 2014 at p. 5676-5679.
25 · Collection of Information. -(1) The Commission may make such order or orders as it thinks fit in terms of the provisions of the Act for collection of information, inquiry, investigation, entry, search, seizure and without prejudice to the generality of its powers in regard to the following,-
26 · Assistance of experts.- (1) The Commission may, at any time, take the assistance of any institution, consultants, experts, engineers, chartered accountants, advocates, surveyors and such other technical and professional persons, as it may consider necessary, and ask them to study, investigate, inquire into any matter or issue and submit report or reports or furnish any information. The Commission may determine the terms and conditions for engagement of such professionals.
27 · Application for licence.(1) Any person intending to engage in the business of transmission, distribution or trading in electricity in the State of Himachal Pradesh, shall apply to the Commission for the grant of appropriate licence in the form and manner directed by the Commission and accompanied by such fees as may be prescribed for this purpose.
1 · Ins. vide not. No. HPERC/151 dated 10 th January, 2014, published in the R.H.P. dated 13 th January, 2014 at p. 5676-5679.
1 · [Provided that till such time the fee is prescribed by the State Government, the application for grant of licence shall be accompanied by a fee of Rs. 1.00 lakh (Rupees one lakh only) payable through Bank Draft or Pay order drawn in favour of the Secretary, Himachal Pradesh Electricity Regulatory Commission at Shimla and the fee so paid shall be subject to adjustment as and when the fee is prescribed by the State Government]
1 · Proviso inserted vide Not . No. HPERC/151 dated 21 st July, 2008 , published in the R.H.P dated 23 rd July, 2008 at p . 2769 -2770.
28 · Contents of proforma.The proforma referred to in regulation 27 shall contain the particulars contained in the application form in Form CB-14,15,16 (Annexure-XII,XIII and XIV) and specifically the following:-
29 · Conditions of licence. -(1) The general conditions subject to which each of the categories of licence shall be issued are contained in the Himachal Pradesh Electricity Regulatory Commission (General Conditions of Distribution Licence) Regulations, 2004; or in the Himachal Pradesh Electricity Regulatory Commission (General Conditions of Transmission Licence) Regulations, 2004 or in the Himachal Pradesh Electricity Regulatory Commission (General Conditions of Trading Licence) Regulations, 2004 and the application for licence shall incorporate the acceptance of such general conditions.
30 · Acknowledgement of application . -On receipt of the application, the receiving officer shall note thereon the date of its receipt and shall send to the applicant an acknowledgement stating the date of receipt.
31 · Copies of maps and proforma for public inspection . -The applicant shall maintain at his own office and at such other place as may be designated by the Commission the copies of the documents referred to in sub -regulation (5) of regulation 27 for public inspection and furnish to persons applying for them the copies of such documents at a price not exceeding the normal photocopying charges.
32 · Calling for additional information . -The Commission or the Secretary or any officer designated for the purpose by the Commission may upon scrutiny of the application, require the applicant to furnish within a period to be specified, such additional information or particulars or documents as the Commission may consider to be necessary for the purpose of dealing with the application.
33 · Notifying the due filing of the application . -If the Commission finds the application to be complete and accompanied by the requisite information, particulars and documents and the applicant has complied with all the requirements for making the application and furnishing of information, particulars and documents, the Commission or the Secretary or the officer designated of the purpose shall certify that the application is ready for being considered for grant of licence in accordance with applicable laws and communicate the same to the applicant.
34 · Publication of notice of application.(1) The applicant shall, within seven days from the date of admission and numbering of the application, publish a notice of the application in the form specified in Form CB-17 (Annexure-XV) with such particulars and in such manner as the Commission may direct.
35 · Service of notice of the application.(1) The Commission may direct that notice of the application be served on the Central Government, the State Government, the local authority or any other authority or person or body as the Commission may direct in such form with such particulars and in such manner as the Commission may consider appropriate.
36 · Objections.- (1) Any person intending to object to the grant of the licence shall file objection within thirty days from the date of publication of the notice by the applicant. The objection shall be filed in the form of reply and the provisions of this Chapter II dealing with reply shall apply to the filing of such objections.
37 · Hearings and local inquiries . -(1) If the applicant has duly arranged for the publication of the notice of the intended application and the time for filing of the objection is over and after the applicant has furnished to the Commission the no objection certificate, if any, required from the Central Government, the Commission may proceed with the hearing of the application.
38 · Grant of licence. -(1) After inquiry, if any, and the hearing, the Commission may decide to grant or refuse the licence and if it decides to grant the licence it may do so on such terms and conditions and with such modifications to the general or specific conditions as the Commission may decide.
39 · Date of commencement of licence. -The licence shall commence from the date the Commission may direct as the date of commencement of licence, and the licence shall be in force for the period specified in the licence, subject however to earlier revocation in accordance with law.
40 · Deposit of maps.(1) When a licence has been granted, three sets of maps showing, as regards such licence, the particulars specified in regulation 28 of these regulations shall be signed and dated to correspond with the date of the notification of the grant of the licence by such officers as the Commission may designate in this behalf.
41 · Deposit of licence copies.(1) Every person, who is granted a licence, shall within thirty days of the grant thereof,-
42 · Preparation and submission of accounts.- (1) Every licensee shall cause the accounts of his utility to be made up to the 31 st day of March each year.
43 · Conditions of electricity supply . -(1) The distribution licensee shall comply with the electricity supply code and conditions of supply as the Commission may specify from time to time.
44 · Contravention by licensee . -The Commission may pass such orders as it thinks fit in accordance with the provisions of the Act and these regulations for the contravention or the likely contravention of the terms and conditions of licence by the licensee.
45 · Suspension of licence.- (1) Subject to the provisions of section 24 of the Act and the regulations framed thereunder, where the circumstances exist which render it necessary for it in the public interest, the Commission may suspend, for a period not exceeding one year, the distribution licence, if in the opinion of the Commission the distribution licensee -
46 · Revocation of the licence. -(1) The proceedings for revocation of the licence or for passing of any other orders specified in section 19 of the Act shall be initiated by an order passed by the Commission. The Commission may initiate such proceedings suo motu or on application of the licensee or on receiving any complaint or information from any person.
47 · Amendment of the licence. -(1) The application for amendment to the terms and conditions of the licence may be made by the licensee in such form as may be directed for the purpose by the Commission. The application shall be accompanied with a statement of the proposed amendment and shall be supported by affidavit as provided in Chapter-II of these regulations.
48 · Deemed grant of the licence . -(1) Until otherwise directed by the Commission, the following classes of persons engaged in the supply of electricity in the State of Himachal Pradesh shall be deemed to have applied for and granted the Category II Licence for the purpose contained herein and subject to the fulfillment of the conditions contained in subregulation (2) -
49 · Generating companies and captive generating stations.The generating companies and other persons who have established generating stations including captive generating stations in the State and the persons who desire to establish such generating stations
50 · Power procurement and purchase.In accordance with the provisions of the Act, the tariff regulations framed by the Commission under section 61 of the Act and the approval granted under the said regulations by the Commission to the distribution licensee for the power purchase and procurement and the licence conditions every distribution licensee shall purchase or procure electricity required for the business of the distribution licensee in an economical and efficient manner and under a transparent power purchase and procurement process and generally based on the principles of least cost purchase.
1 · [50-A. Petitions for approval of Power Procurement Purchase Agreements.- (1) The petitions for approval of the power procurement purchase agreements shall be submitted before the Commission jointly by the contracting parties i.e. the distribution licensee and the generating company with ten hard copies, alongwith a soft copy, and shall be supported by affidavits and accompanied by such fees (to be shared equally between the contracting parties) as specified in the Schedule to these regulations.
51 · Investment approvals.(1) Unless otherwise specified by the Commission, the every licensee shall obtain prior approval of the Commission for making investment in the licensed business if such investment is above the limits laid down by the Commission in the licence conditions.
1 · Ins . vide Not . No. HPERC/151/2007 dated 1 st August, 2008 , published in the R.H.P dated 2 nd August, 2008 at p . 3021 -3022.
52 · Performance standards, supply codes regulations etc.- (1) The Commission may from time to time direct the licensees and generating companies operating in the State to formulate
53 · Arbitration. -(1) The arbitration of disputes which under the Act are within the scope of the jurisdiction of the Commission may be commenced on an application accompanied by fees specified in the Schedule made by any of the parties to the dispute.
54 · Nomination of arbitrators. -(1) If the Commission decides to refer the matter to arbitration by a person or persons other than the Commission the reference shall be -
55 · Procedure for adjudication, settlement and passing of award.(1) In case the Commission acts as the Arbitrator, the procedure to be followed shall be, as far as possible, the same as in the case of hearings before the Commission provided in Chapter-II.
56 · Cost of arbitration and proceedings.The cost of the arbitration and proceedings before the Commission shall be borne by such parties and in such sums as the Commission may direct.
57 · Applicability of provisions of Indian Penal Code and Criminal Procedure Code.- (1) In terms of section 95 of the Act, the proceedings before the Commission shall be deemed to be judicial proceedings and Commission shall be deemed to be a civil court as specified in
58 · Fees . -(1) Every petition, 1 [ *** ] application or grievance made to the Commission shall be made alongwith payment of the appropriate fees specified in the Schedule to these regulations. However, every application made for the grant of a licence, under section 14 of the Act shall be accompanied by such fee as may be prescribed by the State Government under section 15 of the Act.
59 · Categories of applications/petitions . -The applications/petitions presented before the Commission shall be categorised as follows:-
1 · Omitted the word and sign "Appeal" vide Not. No. HPERC/151 dated 10 th June , 2019, published in the R.H.P dated 12 th June, 2019 at p. 2638-2642.
1 · [Appeals against the awards made by the Electricity Ombudsman]
60 · Fees payable to State Load Despatch Centre . -The fees payable to the State Load Despatch Centre by the generating companies and the licensees engaged in intra-State transmission of electricity under section 32(3) of the Act shall be as specified by the Commission.
61 · Fees payable for appeal petition under section 127 (1) of the Act.- Fees payable in respect of an appeal petition against the orders of the Assessing Officer under sub-section (1) of section 127 of the Act shall be as specified by the Commission 2 [in the Himachal Pradesh Electricity Regulatory Commission (Procedure for Filing Appeal before Appellate Authority) Regulations, 2005.]
62 · Fines, penalties and charges for non-compliance or violation . -(1) Subject to the provisions of the Act, the Commission may initiate a proceeding for imposition of fines, penalties and/or charges in the event of non-compliance of orders or directions given under the Act as provided in section 142 of the Act for any contravention of any directions issued by the Commission under the Act or rules or regulations made thereunder.
1 · Ins. serial No. 8 vide Not. No. HPERC/609 -B dated 20 th December, 2005, published in the R.H.P (Extra.) dated 30 th December, 2005 at p. 5604-5608.
2 · Add. vide Not. No. HPERC/151 dated 10 th June, 2019, published in the R.H.P dated 12 th June, 2019 at p. 2638-2642.
63 · Review of the decision, directions and order.(1) Any person aggrieved by a directions, decision or order of the Commission, from which -
64 · Continuance of proceedings after death etc.- (1) Where in any proceedings, any of the parties to the proceedings dies or is adjudicated as an insolvent or in the case of a company under liquidation/winding up, the proceedings shall continue with the successor-in-interest of the party concerned.
65 · Proceedings to be open to public.- The proceedings before the Commission shall be open to the public subject to availability of sitting accommodation:
66 · Confidentiality . -The Commission may, by order, direct that any information, documents and other papers and materials produced before it or any of its officers, consultants, representatives or otherwise which may otherwise come into their possession or custody, shall be confidential or privileged and shall not be available for inspection or supply of copies, and the Commission may also direct that such document, papers or materials shall not be used in any manner except as specifically authorized by the Commission.
75 · Enforcement of orders passed by the Commission . -The Secretary shall ensure enforcement and compliance of the orders passed by the Commission, by the persons concerned in accordance with the provisions of the Act and regulations and if necessary, may seek the orders of the Commission for directions. Failure to do so shall render him liable to proceedings as for non-compliance or violation of directions and orders of the Commission.
76 · Repeal and savings.- (1) The provisions of the Himachal Pradesh Electricity Regulatory Commission (Conduct of Business) Regulations, 2001, shall stand repealed with the coming into force of these regulations.
1 · Sub. Schedule regulations 58 vide Not. No. HPERC/151 dated 10 th June, 2019, published in the R.H.P dated 12 th June, 2019 at p. 2638-2642 and before its substitution read as under:-
2 · Sub. for figure and word " 100 lakh" vide Not. No. HPERC/151 dated 30 th March, 2021, published in the R.H.P. dated 31 st March, 2021 at p. 9554-9556.
3 · Sub. for figure and sign " 0.25% " vide Not. No. HPERC/151 dated 30 th March, 2021, published in the R.H.P. dated 31 st March, 2021 at p. 9554-9556.
4 · Sub. for figure and word " 2 lakh " vide Not. No. HPERC/151 dated 30 th March, 2021, published in the R.H.P. dated 31 st March, 2021 at p. 9554-9556 and at the end note inserted."
1 · Sub. fee structure vide Not. No. HPERC/151 dated 10 th June, 2019, published in the R.H.P. dated 12 th June, 2019 at p. 2638-2642 and before its substitution read as under:-
2 · Sub. for item (a) (i) vide Not. No. HPERC/151 dated 30 th March, 2021, published in the R.H.P. dated 31 st March, 2021 at p. 9554-9556 before its substitution read as under:-
1 · Subs . for item (b) (i) , (ii) and (iii) vide Not. No. HPERC/151 dated 30 th March, 2021, published in the R.H.P. dated 31 st March, 2021 at p. 9554-9556 before its substitution read as under:-
2 · Subs . for figure and word " 15 lakh" and in Note for the figure and word "10 lakh" vide Not. No. HPERC/151 dated 30 th March, 2021, published in the R.H.P. dated 31 st March, 2021 at p. 9554-9556.
1 · Sub. Schedule regulations 58 vide Not. No. HPERC/151 dated 10 th June, 2019, published in the R.H.P . dated 12 th June, 2019 at p. 2638-2642 and before its substitution read as under:-
2 · Sub . for figure and word " 0.025 percent " vide Not. No. HPERC/151 dated 30 th March, 2021 , published in the R.H.P. dated 31 st March, 2021 at p. 9554-9556.
3 · Sub . for figure and word " 15 lakh " vide Not. No. HPERC/151 dated 30 th March, 2021, published in the R.H.P. dated 31 st March, 2021 at p. 9554-9556.
4 · Subs. for serial No. 7 in time (i) & (ii) figure and sign " 20,000/ and " 50,000/ " and item (iii) figure and word "1 lakh" vide Not. No. HPERC/151 dated 30 th March, 2021, published in the R.H.P. dated 31 st March, 2021 at p. 9554-9556.
5 · Sub . for figure and word " 5 lakh " vide Not. No. HPERC/151 dated 30 th March, 2021, published in the R.H.P. dated 31 st March, 2021 at p. 9554-9556.
6 · Sub . for figure and sign " 10,000/-" vide Not. No. HPERC/151 dated 30 th March, 2021, published in the R.H.P. dated 31 st March, 2021 at p. 9554-9556.
1 · Subs. for serial No. 10 in time (i) (a) and (i) (b) figure and word " 2 lakh" and " 1 lakh " and in item (ii) figure and sign " 5,000/-" vide Not. No. HPERC/151 dated 30 th March, 2021, published in the R.H.P. dated 31 st March, 2021 at p. 9554-9556.
2 · Sub. fee structure vide Not. No. HPERC/151 dated 10 th June, 2019, published in the R.H.P . dated 12 th June, 2019 at p. 2638-2642 and before its substitution read as under:-
1 · Ins. serial No. 13A and 13 B for vide Not. No. HPERC/151 dated 30 th March, 2021, published in the R.H.P. dated 31 st March, 2021 at p. 9554-9556.
1 · I
1 · [ Annexure-IV FORM - CB - 6
2 · . Date of which the order challenged is communicated and proof thereof, if any.
1 · Subs. vide not. No. HPERC/151 dated 4 th January, 2019 , published in the R.H.P dated 7 th January, 2019 at p. 7372-7376 and before its substitution it read as under-
1 · I am a Director/Secretary/ ………………… of ……………………………Ltd., the petitioner in the above matter and am duly authorized by the said petitioner to make this affidavit on its behalf.
2 · The statements made in paragraphs ……………………………………………….. of the petition herein now shown to me and marked with the letter ‘A’ are true to my knowledge and the statements made in paragraphs……………… are based on information and I believe them to be true.
13 · . Specify below explaining the grounds for such relief(s) and the legal provisions, if any, relied upon.
15 · Details of Index
17 · List of enclosures:
22 · Reliefs sought:
1 · . The petition is not in the form prescribed in Chapter-II of the Himachal Pradesh Electricity Regulatory Commission (Conduct of Business) Regulations, 2005.
2 · . The names, descriptions and addresses of the parties have not been furnished in the clause title.
3 · . The following necessary parties have not been impleaded:
4 · . The petition has not been duly signed.
5 · . The petition has not been verified through an affidavit.
6 · . The affidavit is not on the form prescribed in Chapter II of the HPERC CBR.
7 · . The affidavit has not been signed and sworn before the competent authority.
8 · . Ten copies of the petition have not been filed.
9 · . The copies of the petitions are not complete in all respects.
10 · . The copies of the documents are not legible and duly attested.
11 · . Translation, in English/Hindi/any other/language recognized by the Commission, has not filed.
12 · . Authenticity of the translation of the documents, in English/Hindi/any other language recognized by the Commission, has not been furnished.
13 · . The Vakalatnama/letter of authorization has not been filed.
14 · . The Vakalatnama is not properly executed and necessary court fee has not been paid.
15 · . The prescribed fee for the petition/application has not been paid.
16 · . The index of documents has not been filed.
17 · . The pagination of the documents has not been done properly.
1 · . Name and address of the person seeking permission:
2 · . Whether he is party to the case or he is the authorised representative of any party? ( Furnish necessary particulars):
3 · . Details of papers/documents sought to be inspected:
4 · . Purpose for seeking inspection:
5 · . Date and duration of the inspection sought:
6 · . The amount of fee payable and the mode of payment:
1 · . Name and address of Applicant :
2 · . Whether the applicant is party to the case:
1 · [Annexure-X-A FORM -CB -12A
1 · Ins. vide not. No. HPERC/151 dated 10 th January, 2014, published in the R.H.P. dated 13 th January, 2014 at p. 5676-5679.
1 · . Consent letters of the other agency and contractors to associate with the applicant for the above project to be enclosed.
2 · . Necessary approvals and no objections to be obtained at appropriate time and forwarded to the Commission.
10 · Appropriate expertise (Personnel)
1 · Consent letters of the other Agency & Contractors to associate with the Applicant for the above project to be enclosed.
2 · Necessary approvals and no objections to be obtained at appropriate time and forwarded to the Commission.
13 · Baseline Information (Business for which Licence is sought)
1 [The Himachal Pradesh Electricity Regulatory Commission (Conduct of Business) Regulations, 2005 — THE ELECTRICITY ACT, 2003 — Roop's Law Assist Statutes