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Revised rates of Hauruang Bus Fare

VOL - XLIISSUE - 290Date - 18/06/2012

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008Re. 1/- per pageVOL - XLI Aizawl, Monday 18.6.2012 Jyaist ha 28, S.E. 1934, Issue No. 290NOTIFICATIONNo. F.20016/1/12-DTE(STA), the 6th June, 2011. As per approval given by the Government vide letter No.B.12021/1/11-TRP dt.21.05.2012, the STA hereby revised rates of Hauruang Bus Fare from Rs. 15/- to Rs. 20/- wit h immediate effect and until fu rther or der. Secretary, State Transport Authority, Mizoram, Aizawl. Published and Issued by the Controller, Printing & Stationery, Mizoram Printed at th e Mizoram Govt. Press, Aizawl. C-500.

The Mizoram Local Funds (Accounts and Audit) Act, 2006 (Act. No.8 of 2006),

VOL - XLIISSUE - 291Date - 18/06/2012

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008Re. 1/- per pageVOL - XLI Aizawl, Monday 18.6.2012 Jyaist ha 28, S.E. 1934, Issue No. 291NOTIFICATIONNo. G.24011/2/2009-F.APF, the 4th June, 2011. In exercise of the powers conferred by Sub-section (3) of Section 1 of the Mizoram Local F unds (Accounts and Audit) Act, 2006 (Act. No.8 of 2006), the Governor of Mizora m is pleased to appoint the 23rd November 2006 as the date for commencement of the said Act in the whole State of Mizoram By order etc. Renu S harma, Fina nce Commissioner. Published and Issued by the Controller, Printing & Stationery, Mizoram Printed at th e Mizoram Govt. Press, Aizawl. C-500.

District Level Committee on fire prevention for Serchhip District

VOL - XLIISSUE - 292Date - 18/06/2012

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008Re. 1/- per pageVOL - XLI Aizawl, Monday 18.6.2012 Jyaist ha 28, S.E. 1934, Issue No. 292NOTIFICATIONNo. B.11023/21/2006-FST, the 8th June, 2011. In partia l modification of this Department’s notifica tion of even No. dt.8.4. 2009, the Governor of Mizoram is pleased to reconstitute the Distr ict Level Committee on fire prevention for Serchhip District comprising of the following members with immediate effect and until further orders. 1.Deputy Commissioner, Serchhip-Chairman 2.Divisional Forests Officer, Thenzawl-Member Secretary 3.Superintendent of Police, Serchhip-Member 4.Principal, Government College, Serchhip-Member 5.Executive Engineer, P WD, Serchhip-Member 6.Executive Engineer, P &E, Serchhip-Member 7.Executive Engineer, P HE, Serchhip-Member 8.District Local Administrative Officer, Serchhip-Member 9.District A.H& Vety Officer, Serchhip-Member 10. District Education Officer, Serchhip-Member 11. District Agricultur e Officer, Serchhip-Member 12. District Hor ticultur e Officer, Serchhip-Member 13. Sub-Divisional Officer (Civil), T henzawl-Member 14. Sub-Divisional Officer (Civil), N. Va nlaiphai-Member 15. Divisional Forest s Officer, N. Vanlaiphai-Member 16. Block Development Officer, Serchhip-Member 17. Block Development Officer, E. Lungdar-Member 18. President, YMA Sub-Headquarters, Serchhip-Member 19. President, MJA, Serchhip District-Member 20. President, AMFU Sub-headquarters, Serchhip-Member 21. SDO (Sadar ) Serchhip-Member 22. DIPRO, Serchhip-Member 23. Station Officer, Fir e Services, Serchhip-Member Dr. S.S. Garbyal, Principal S ecretar y to the Govt. of Mizoram, Envir onment & Forests Department. Published and Issued by the Controller, Printing & Stationery, Mizoram Printed at th e Mizoram Govt. Press, Aizawl. C-500.

ELECTION COMMISSION OF INDIA Notification

VOL - XLIISSUE - 293Date - 18/06/2012

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008Re. 1/- per pageVOL - XLI Aizawl, Monday 18.6.2012 Jyaist ha 28, S.E. 1934, Issue No. 293ELECTION COMMISSION OF INDIANOTIFICATIONNo. 429/MIZ/2010(1)- In pursua nce of the provisions of sub-s ection (1) of 13B of the Representation of the People Act, 1950 (43 of 1950), the Election Commission of India, hereby makes the following amendment in its Notification No.429/MIZ/2008 dated 11th June, 2008, relating to the appointment of Electoral Registration Officers for Assembly Constituencies in the State of Mizorm namely :- In column (2) of the Table appended to the said Notification, against each of the assembly cons tituency shown below, for the existing entr ies, the following cor responding entries sha ll resp ectively be substituted- TABLENo. & Name of Assembly ConstituencyAssistant Electoral Returning Officers (1)(2) 17-Aizawl West - III (ST)DCSO, (East), Aizawl 18-Aizawl South - I (ST)Deputy Director, LR&S 19-Aizawl South - II (ST)Deputy Director, LR&S 20-Aizawl South - III (ST)DCSO, (East), Aizawl By or der, Anuj Jaipuriar, Secretary, Election Commission of India.Nirvachan Sadan, Ashoka Road, New Delhi-110001 Dated: 13th June, 201223 Jyaistha, 1934 (Saka) Published and Issued by the Controller, Printing & Stationery, Mizoram Printed at th e Mizoram Govt. Press, Aizawl. C-500.

The Mizoram Public Works Department (Group’B’ post) Recruitment Rules, 2012.

VOL - XLIISSUE - 301Date - 03/07/2012

NOTIFICATIONNo.A.12018/42/2004-P&AR(GSW), the 28th .June, 2011. In exercise of the powers conferred by the proviso to Article 309 of the Constitution of India, the Governor of Mizoram is pleased to make the following rules regula ting and method of recruitment to the post(s) ofDrafts man Grade-I under P ublic Wor ks Department, Government of Mizoram namely :- (1)These rules may be called the Mizoram Public Works Department (Group’B’ post) Recruitment Rules, 2012. (2)They shall come into force from the date of their publication in the Official Gazette. These rules shall apply to the post specified in column 1 of the Annexure-I annexed to these rules. (3)The number of the said post(s), their classification, Pay Band and Grade pay/ pay scale attached thereto shall be as specified in columns 2 to 4 of Annexure-I as aforesaid. (4)The method of recruitment to the said post(s) age limit, qualification and other matters relating thereto shall be as specified in columns 5 to 14 of the aforesaid Annexure-1. Provided that the upper age limit prescribed for direct recruitment may be relaxed in the case of candidates belonging to the Scheduled Castes/ the Scheduled Tribes and other special categories of persons in accordance with the orders issued by the central Government or the Government of Mizoram, from time to time. No person- (a) Who has entered into or contracted a marriage with a person having a spouse living; or (b) Who, having a spouse living, has entered into or contracted a ma r r ia ge wit h a ny ot her p er s on, s ha ll b e eligib le for a p p ointment to the said post(s); The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008Re. 1/- per pageVOL - XL Aizawl, Tuesday 3.7.2011 Asadha 12, S.E. 1934, Issue No. 3011. Short title and commencement- 2. Application- 3 . Number of posts, classification, pay band and grade Pay/pay scale- 4 . Method of recruitment, age limit, qualifications, etc- 5. Disqualification- 6 . Tra ining and Departmental Examination- 7. Powers to transfer- 8. Power to relax- 9 . Reservation and other concessionsProvided that the Governor may, if satisfied that such marriage is permissible under the personal law applicable to such person and the other party to the marriage and that there are other grounds for so doing, exempt any such person from the operation of this rule. 6.Every Government servant recruited under these rules shall undergo such training or pass such Departmental Examination as may be prescribed from time to time. 7.Notwithstanding anything contained in these Rules, the Governor of Mizoram, in public interest, shall have the right and power to tr ansfer a ny officer so recruited under these rules to any other post or position in which is equivalent in rank or grade. 8.Where the Governor is of the opinion that it is necessary or expedient so to do, he may, by order and for reasons to be recorded in wiriting, a nd in consult ation with the Depar tment of Personnel & Administrative Reforms, relax any of the provisions of these rules with respect to any class or category of persons. 9.Nothing in these rules shall affect any reservation and relaxation of age limit and other concessions required to be provided for the Schedules Ca stes/ the Scheduled Tribes a nd other categories of persons in accordance with the orders issued by the Central Governmetn or Government of Mizoram from time to time in this regard. 10.All rules pertaining to these posts framed by the Government of Mizor am under Notification issued vide No.P WE-97/73/225dt. 31.10.1975 shall stand repealed from the commencement of these rules; Provided that any order made or anything done or any action taken under the rules so repealed or under any general order ancillary thereto, shall be deemed to have been made, done or taken under the corresponding provisions of these rules. By orders, etc. R. Zarzosanga, Joint Secretary to the Govt. of Mizoram, Department of Personnel & Administrative Reforms. 10. Repeal and Saving- Ex-301/20122 ANNEXURE -I (SeeRule2,3and 4) RECRUITM ENT RULES FOR DRAFTSM AN GRADE-IUNDER PUBLIC W ORKS DEPARTM ENT,GOVERNM ENT OF M IZORAM Ex-301/2012 3 Name of post No.ofposts Classification Pay Band and Grade Pay/ Pay Scale W hether Selec- tion postor Non-Selection post W hether benefitof added years ofservice admissible underrules 30 ofthe CCS (Pen- sion)Rules, 1972 Agelimitfor directre- cruits Educationaland otherqualifica- tions required fordirectre- cruits Draftsman-I/ Architectural Draftsman 5(4+1) Group‘B’(Non- Gazetted)(Non- Ministerial) PB-2^9300-34,800 Gradepay ^4400/- Selection Notapplicable 1 2 3 4 5 6 7 8 Notapplicable Notapplicable W hetherage and educationalquali- fications pre- scribed fordirect recruitswillapply in the case of promotees Period ofproba- tion,ifany M ethod ofrecruitment whetherby directre- cruitmentorby promo- tion orby deputation/ transferand percentage ofpoststo befilled by various methods In case ofrecruit- mentby promotion/ transfer/deputation, grades from which promotion/deputa- tion/transferisto be made Ifa DPC exist, whatisitscompo- sition? Circumstances in which M PSC isto be consulted in making recruit- ment. Notapplicable Asconstitutedbythe Governmentfrom time totime Exemptedfrom the purview ofMizoram PublicService Commission.. 9 10 11 12 13 14 100% Promotion Ex-301/2011 4 PublishedandIssuedbytheController,Printing&Stationery,Mizoram PrintedattheMizoramGovt.Press,Aizawl.C-550. (1)75% ofthesanc- tionedbypromotion from Draftsman-IIwith notlessthan7years regularserviceinthe grade (2)25% Promotionfrom Draftsman-IIhaving diplomainArchitectural with7yearsregular serviceinthegrade. Notapplicable

The Mizoram Public Works Department (Group ‘C’ post) Recruitment Rules, 2012.

VOL - XLIISSUE - 302Date - 03/07/2012

NOTIFICATIONNo.A.12018/42/2004-P&AR(GSW), the 28th .June, 2011. In exercise of the powers conferred by the proviso to Article 309 of the Constitution of India, the Governor of Mizoram is pleased to make the following rules regulating and method of recruitment to the post(s) ofDraftsman Grade-II under Public Works Department, Government of Mizoram namely :- (1)These rules may be called the Mizoram Public Works Department (Group ‘C’ post) Recruitment Rules, 2012. (2)They shall come into force from the date of their publication in the Official Gazette. These rules shall apply to the posts specified in column 1 of the Annexure-I annexed to these rules. (3)The number of the said post(s), their classification Pay Band and Grade pay/ pay scale attached thereto shall be as specified in columns 2 to 4 of the said Annexure-I as aforesaid. (4)The method of recruitment to the said post(s) age limit, qualification and other matters relating thereto shall be as specified in columns 5 to 14 of the aforesaid Annexure-1. Provided that the upper age limit prescribed for direct recruitment may be relaxed in the case of candidates belonging to the Scheduled Castes/ the Scheduled Tribes and other special categories of persons in accordance with the orders issued by the central Government or the Government of Mizoram from time to time. No person- (a) Who has entered into or contracted a marriage with a person having a spouse living; or (b) Who, having a spouse living, has entered into or contracted a ma r r ia ge wit h a ny ot her p er s on, s ha ll b e eligib le for a p p ointment to the said post(s); The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008Re. 1/- per pageVOL - XL Aizawl, Tuesday 3.7.2012 Asadha 12, S.E. 1934, Issue No. 3021. Short title and commencement- 2. Application- 3 . Number of posts, classification, pay band and grade Pay/pay scale- 4 . Method of recruitment, age limit and other qualifications, etc- 5. Disqualification- 6 . Tra ining and Departmental Examination- 7. Powers to transfer- 8. Power to relax- 9 . Reservation and other concessionsProvided that the Governor may, if satisfied taht such marriage is permissible under the personal law applicable to such person and the other party to the marriage and that there are other grounds for so doing, exempt any such person from the operation of this rule. 6.Every Government servant recruited under these rules shall undergo such training or pass such Departmental Examination as may be prescribed from time to time. 7.Notwithstanding anything contained in these Rules, the Governor of Mizoram, in public interest, shall have the right and power to transfer any officer so recruited under these rules to any post or position which is equivalent in rank or grade. 8.Where the Governor is of the opinion that it is necessary or expedient so to do, he may, by order and for reasons to be recorded in wiriting, a nd in consult ation with the Depar tment of Personnel & Administrative Reforms, relax any of the provisions of these rules with respect to any class or category of persons. 9.Nothing in these rules shall affect any reservation relaxation of age limit and other concessions required to be pr ovided for the Scheduled Castes/ the Scheduled Tribes and other ca tegories of persons in accordance with the orders issued by the Central Government or the Government of Mizoram from time to time in this regard. 10.All rules pertaining to these posts framed by the Government of Mizoram under Notification issued vide No.PWE-97/73/225 dt. 31.10.1975 shall stand repealed from the commencement of these rules; Provided that any order made or anything done or any action taken under the rules so repealed or under any general order ancillary thereto, shall be deemed to have been made, done or taken under the corresponding provisions of these rules. By orders, etc. R. Zarzosanga, Joint Secretary to the Govt. of Mizoram, Department of Personnel & Administrative Reforms. 10. Repeal and Saving- Ex-302-20122 ANNEXURE -I (SeeRule2,3and 4) RECRUITM ENT RULES FOR DRAFTSM AN GRADE-IIUNDER PUBLIC W ORKS DEPARTM ENT,GOVERNM ENT OF M IZORAM Ex-302/2012 3 Name of post No.ofposts Classification Pay Band and Grade Pay/ Pay Scale W hether Selec- tion postor Non-Selection post W hether benefitof added years ofservice admissible underrule 30 ofthe CCS (Pen- sion)Rules, 1972 Agelimitfor directre- cruits Educationaland otherqualifica- tions required fordirectre- cruits Draftsman-II 44orassanc- tionedbythe Governmentfrom timetotime Group‘C’(Non- Gazetted)(Non- Ministerial) PB-1^5200-20,200 Gradepay ^2800/- Selection Notapplicable 1 2 3 4 5 6 7 8 Between18to 35years relaxableby5 yearsinthe caseofthe scheduled Castes/the scheduled Tribes Diplomain Draftsmanship Coursefrom recognize Institutionor Diplomain Architectural from recognized Institution. W hetherage and educationalquali- fications pre- scribed fordirect recruits willapply in the case ofpromo- tees Period ofproba- tion,ifany M ethod ofrecruitment whetherby directre- cruitmentorby promo- tion orby deputation/ transferand percentage ofpoststo befilled by various methods In case ofrecruit- mentby promotion/ transfer/deputation, grades from which promotion/deputa- tion/transferisto be made Ifa DPC exist, whatisitscompo- sition? Circumstances in which M PSC isto be consulted in making recruit- ment. Notapplicable Asconstitutedbythe Governmentfrom time totime Exemptedfrom the purview ofMizoram PublicService Commission.. 9 10 11 12 13 14 (1)50% byDirectrecruit- ment (2)50% byPromotion Ex-302/2011 4 PublishedandIssuedbytheController,Printing&Stationery,Mizoram PrintedattheMizoramGovt.Press,Aizawl.C-550. Promotionfrom Drafts- man-IIIwith5years regularserviceinthe grade. 2(two)yearsfor directrecruits

The Mizoram Public Works Department (Group’C’ post) Recruitment Rules, 2012.

VOL - XLIISSUE - 303Date - 03/07/2012

NOTIFICATIONNo.A.12018/42/2004-P&AR(GSW), the 28th .June, 2011. In exercise of the powers conferred by the proviso to Article 309 of the Constitution, the Governor of Mizoram is pleased to make the following rules regulating and method of recruitment to the post(s) ofDraftsman Grade-III under Public Works Department Government of Mizoram namely :- (1)These rules may be called the Mizoram Public Works Department (Group’C’ post) Recruitment Rules, 2012. (2)They shall come into force from the date of their publication in the Official Gazette. These rules shall apply to the posts specified in column 1 of the Annexure-I annexed to these rules. (3)The number of the said post(s), their classification Pay Band and Grade pay/ pay scale attached thereto shall be as specified in columns 2 to 4 of the Annexure-I as aforesaid. (4)The method of recruitment to the said post(s) age limit, qualification and other matters relating thereto shall be as specified in columns 5 to 14 of the aforesaid Annexure-1. Provided that the upper age limit prescribed for direct recruitment may be relaxed in the case of candidates belonging to the Scheduled Castes/ the Scheduled Tribes and other special categories of persons in accordance with the orders issued by the central Government or the Government of Mizoram, from time to time. No person- (a) Who has entered into or contracted a marriage with a person having a spouse living; or (b) Who, having a spouse living, has entered into or contracted a ma r r ia ge wit h a ny ot her p er s on, s ha ll b e eligib le for a p p ointment to the said post(s); The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008Re. 1/- per pageVOL - XL Aizawl, Tuesday 3.7.2011 Asadha 12, S.E. 1934, Issue No. 3031. Short title and commencement- 2. Application- 3 . Number of posts, classification, pay band and grade Pay/pay scale- 4 . Method of recruitment, age limit, qualifications, etc- 5. Disqualification- 6 . Tra ining and Departmental Examination- 7. Powers to transfer- 8. Power to relax- 9 . Reservation and other concessionsProvided that the Governor may, if satisfied that such marriage is permissible under the personal law applicable to such person and the other party to the marriage and that there are other grounds for so doing, exempt any such person from the operation of this rule. 6.Every Government servant recruited under these rules shall undergo such training or pass such Departmental Examination as may be prescribed from time to time. 7.Notwithstanding anything contained in these Rules, the Goverment of Mizoram, in public interest, shall have the right and power to tr ansfer a ny officer so recruited under these rules to any other post or position in which is equivalent in rank or grade. 8.Where the Governor is of the opinion that it is necessary or expedient so to do, he may, by order and for reasons to be recorded in wiriting, and in consultation with the and Department of Personnel & Administrative Reforms, relax any of the provisions of these rules with respect to any class or category of persons. 9.Nothing in these rules shall affect any reservation and relaxation of age limit and other concessions required to be provided for the Schedules Caste/the Scheduled Tribes and other category of persons in accordance with the orders issued by the Central Government or Government of Mizoram from time to time in this regard. 10.All rules pertaining to these posts framed by the Government of Mizor am under Notification issued vide No.P WE-97/73/225dt. 31.10.1975 shall stand repealed from the commencement of these rules; Provided that any order made or anything done or any action taken under the rules so repealed or under any general order ancillary thereto, shall be deemed to have been made, done or taken under the corresponding provisions of these rules. By orders, etc. R. Zarzosanga, Joint Secretary to the Govt. of Mizoram, Department of Personnel & Administrative Reforms. 10. Repeal and Saving- Ex-303-20122 ANNEXURE -I (SeeRule2,3and 4) RECRUITM ENT RULES FOR DRAFTSM AN GRADE-IIIUNDER PUBLIC W ORKS DEPARTM ENT,GOVERNM ENT OF M IZORAM Ex-303/2012 3 Name of post No.ofposts Classification Pay Band and Grade Pay/ Pay Scale W hether Selec- tion postor Non-Selection post W hether benefitof added years ofservice admissible underrules 30 ofthe CCS (Pen- sion)Rules, 1972 Agelimitfor directre- cruits Educationaland otherqualifica- tions required fordirectre- cruits Draftsman-III 52orassanc- tionedbythe Governmentfrom timetotime Group‘C’(Non- Gazetted)(Non- Ministerial) PB-1^5200- 20,200+Gradepay ^2400/- Not Applicable Notapplicable 1 2 3 4 5 6 7 8 Between18to 35years relaxableby5 yearsinthe caseofthe Scheduled Castes/the Scheduled Tribes 10+2orequiva- lentDiplomain Draftsmanship from recognized Institution.. W hetherage and educationalquali- fications pre- scribed from directrecruits willapply in the case ofpromo- tees Period ofproba- tion,ifany M ethod ofrecruitment whetherby directre- cruitmentorby promo- tion orby deputation/ transferand percentage ofpoststo befilled by various methods In case ofrecruit- mentby promotion/ transfer/deputation, grades from which promotion/deputa- tion/transferisto be made Ifa DPC exist, whatisitscompo- sition? Circumstances in which M PSC isto be consulted in making recruitment. Notapplicable Asconstitutedbythe Governmentfrom timeto time Exemptedfrom the purview ofMizoram PublicService Commission.. 9 10 11 12 13 14 (1)100% byDirectrecruit- ment Ex-303/2011 4 PublishedandIssuedbytheController,Printing&Stationery,Mizoram PrintedattheMizoramGovt.Press,Aizawl.C-550. NotApplicable. 2years

The Governor of Mizoram is pleased to order pay upgradation, as a change of Pay Band and Grade Pay, of the posts in Annex-A as shown against each post w.e.f. 1.6.2012.

VOL - XLIISSUE - 309Date - 09/07/2012

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008Re. 1/- per pageVOL - XLI Aizawl, Monday 9.7.2012 Asadha 18, S.E. 1934, Issue No. 309Published and Issued by the Controller, Printing & Stationery, Mizoram Printed at th e Mizoram Govt. Press, Aizawl. C-500.NOTIFICATIONNo. A.11014/1/2011-FIN(PRU), the 4th July, 2012. In exercise of the powers conferred by the proviso to Article 162 of the Constitution of India, and on the basis of the decision against Item No. 3 of the Council of Ministers in its Meeting held on 13.6.2012, the Governor of Mizoram is pleased to order pay upgradation, as a change of Pay Band and Grade Pay, of the posts in Annex-A as shown against each post w.e.f. 1.6.2012. Pay re-fixation shall be done for each post as per provisions of Rule 22(1)(a)(ii) of the FRs & SRs as amended from time to t ime; but shall not be construed to be fixed as in the case of promotion. This upgradation of pay w.e.f. 1.6.2012 should not be construed as revision of pay and will be applicable to the Government employees who opted the revised pay structure as per Mizoram (Revision of Pay) Rules, 2010. Vanlalnghaka, Secret ary to the Govt. of Mizoram, Finance Department Aiz aw l Miz o r am. Ex-309/2012Ex-309/2012Ex-309/2012Ex-309/2012 Ex-309/2012 Ex-309/2012Ex-309/2012Ex-309/2012Ex-309/2012 Ex-309/2012 Ex-309/2012Ex-309/2012Ex-309/2012Ex-309/2012 Ex-309/2012 Ex-309/2012Ex-309/2012Ex-309/2012Ex-309/2012 Ex-309/2012 Ex-309/2012Ex-309/2012Ex-309/2012Ex-309/2012 Ex-309/2012 Ex-309/2012Ex-309/2012Ex-309/2012Ex-309/2012 Ex-309/2012 Ex-309/2012Ex-309/2012Ex-309/2012Ex-309/2012 Ex-309/2012 Ex-309/2012Ex-309/2012Ex-309/2012Ex-309/2012 Ex-309/2012 Ex-309/2012Ex-309/2012Ex-309/2012Ex-309/2012 Ex-309/2012

Joint Electricity Regulatory Commission for Manipur and Mizoram

VOL - XLIISSUE - 368Date - 07/08/2012

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008Re. 1/- per pageVOL - XLI Aizawl, Tuesday 7.8.2012 Sravana 16, S.E. 1934, Issue No.368NOTIFICATIONNo. H.11019/28/12-JERC, the 14th June, 2012. In exercise of the powers conferred under Section 181 read with Clause (b) of Sub-section (1) of Section 86 of the Electricity Act, 2003 and all powers enabling it in that behalf and after publication as required under Section (3) thereof, the Joint Electricity Regulat o ry Co mmissio n fo r Manipur and Mizo ram hereby makes t he fo llo wing Regulat io ns. CHAPTER - I Introduction The Cost of power constitutes t he largest single co mponent of the average supply cost of electricity. I t is t he r e spo nsib ilit y o f d is t r ib ut io n lic e nse es t o e nsu r e leas t c o st o f po w er so a s t o minimiz e t he o ver a ll cost of supply. With the introduction of trading, gradual development of competitive market of electricity and technical innovations for regional and inter-regional transfer of power, opportunities exist for the distribution licensees to procure po wer from different sources by analyzing the cost. At present, the States of Manipur and Mizoram do not have adequate generation of its own. They depend on the allocated share of power from the Central Sector Generating Stations of NER and are unable t o me et t he p o w er r eq uir e me nt o f t he ir c o nsu me r s w it h t he available a llo c at ed s ha r e . Wit h r ap id expansion in the distribution network, emphasis on rural electrification and industrial growth, the power requirement of the State also continues to grow and additional purchases are to be made according to the need. In teh present power market scenario, spot market transactions are not likely to account for a major share of purchase of power by the licensee. Therefore, the Commission considers that it has a special responsibility to ensure that the power procurement under a term contract entered into by the licensee (s) are based on a demonstrated least cost method. Accordingly, the follwing Regulations are made to provide a framework for ensuring the scheduling and dispatch of power at the lowest cost possible, CHAPTER - 2 General 1.Short Title, Commencement & Applicability 1.These Regulations shall be called theJoint Electricity Regulatory Commission for Manipur and Mizoram (Power Purchase and Procurement) Regulations, 2012. 2.The Regulations shall come into force on the date of their publication in the Official Gazettes o f M anipur a nd Mizo ram. 3.They shall apply t o all dist ribut io n licensees wit hin t he St at es o f Manipur and Mizo ram fo r purchase and pro curement of power for distribution and supply in states. CHAPTER - 3 Definitions 2.In these Regulations, unless the context otherwise requires- “Act” means the Electricity Act, 2003 (36 of 2003); “Area of Supply” means the area within which a distribution licensee is authorized by his license t o supply elect ricit y; “Commission” means the Joint Electricity Regulatory Commission for the States of Manipur and Mizo ra m; “Distribution Licensee” means a licensee authorized to operate and maintain a distribution system to supply electricity to consumers in his area of supply. The Electricity Department, Government of Manipur is the distribution licensee in case of Manipur and the Power & Electricity Department, Government of Mizoram, in case of Mizoram; “License” means a license granted under Section 14 of the Act;“Supply” means, in relat io n to electricity, the sale of electricity to a licensee or consumer. “Unrestricted Demand” means the simultaneous maximum power demand by all categories of consumers at any point of time in a year plus 5% reserve; The words and expressions used in these Regulations but not defined herein shall have the same meaning as assigned to them in the Act. Expressions used herein but not specifically defined in these Regulations or in the Act but defined under any law by a competent legislature and applicalble to the electricity industry shall have the same meaning assigned to them in such law. Ex-368/20122 CHAPTER - 4 Power Planning 3.Power Planning The process of power procurement starts with the formulation of a plan which essentially involves hectic preparation of demand/load forecast and assessment of the power availability and the additional capacity to be pro cured. Every licensee shall, before resorting to structured bidding process, assess and plan in acco rdance wit h the guidelines laid do wn in t his Regulat io n and submit t he plan t o t he Co mmissio n for its approval. 4.Demand Forecast 1.Every distribution licensee shall make an assessment of Demand for Power in MW and Energy in MU which shall be the unrestricted demand for all categories of both HT and LT consumers, for a short term and a long term. The Short-term demand forecast for a year shall be o n mo nt hly basis, and the lo ng t erm demand fo r ten years, o n annual basis. 2.The monthly forecast shall indicate the power demand during different periods of the day (peak, off peak and normal) and the assessment of the seasonal demand shall be broken down into weekly, daily and hourly forecasts.This estimate shall include load curtailment plan also. 5.Method of Assessment of Demand Forecast 1.The assessment of demand for electricity shall be in MW/MU. 2.The demand forecast shall be based on (d)Trends and statistical analysis of historical data (b)Future projections commensurate with growth (c)Forecasts expected to result from implementation of business plans, efficiency improvement programmes, investment plans, maintenance schedules of the licensee’s self generation plants & the central generating stations and other sources of power. (d)The analysis must also consider the impact of the provisions of the Electricity Act and possible interests of consumers to open access and captive generation. 3.The demand estimation shall consider the previous year’s position, current year’s projection and econometric & statistical forecasting of demand for next ten years. It shall take into consideration the following, among o ther relevant informations and inputs; (a)Consumer category-wise demand growth/forecast for ten years for morning peak, evening peak and off-peak hours.3Ex-368/2012 (b)Unrestricted demand and load shedding (c)Opportunity Cost of load shedding in companion with cost of service and the projected marginal cost of power. (d)Plans for reducing the requirement during the forecast period through efficient demand side management. (e)Projected improvements due to implementation of several plans and improvement measures. (f)Overal economic gro wth projection of the State. 4.In the demand forecast for a short term, the pending applications for electricity connections shall also be taken into account. 6.Assessment of the Power Availability 1.Along with the demand forecast, the licensee shall also assess the availability of power on monthly basis at different time periods of the day (peak, off peak and normal) in the ensuing year and on annual basis in the subsequent plan period of ten years. 2.The supply plan shall consider among other relevant information and input s, the following: (a)Existing shared sources of power including State owned, Central Government owned generating plants, non-conventional energy generation, CPPs and IPPs. (b)Generating plants with exclusive contracts for power supply to the distribution licensee. (c)Availability of power from traders, neighbhouring States power exchange and other sources on competitive basis. (d)New generating plants, UMPPs etc share due for commissioning. (e)Renovation and modernization, upgradation, phasing out of existing plants. (f)Co nst raints in intra-inter r egiond/St ate, If any, affecting t he bulk power transfer and other technical factors. (g)Trend of frequency in the grid and possibility of over drawal without incurring high UI charges. 7.Consultation 1.The lic ense e sha ll make sho r t -t er m and lo ng-t e rm d emand and sup ply availabilit y asse ssme nt s in consultation with any or all concerned including State sector generating companies, transmission/distribution licensees, central sector generating companies and transmission companies, State/Regional/National Load Dispatch Centers and Central Electricity Authority. 2.The licensee may also make enquires with the power t rading licensees and surplus States to estimate t he likely availability and price of power acro ss the country for peak, off-peak and normal periods.4 Ex-368/2012 CHAPTER - 5 Power Procurement Plan 8.Power Procurement Plan The licensee shal always endeavour to make the consumers avail of power at least cost considering all options available during the three kinds of periods. 1.Short term Power Procurement Plan (a) T he sho r t - t er m p o we r pr o cur eme nt plan p r ese nt s po we r de ma nd and sup ply po sit io ns fo r a maximum time span of one year. The licensee shall prepare this kind of plan to facilitate arrangements for short-term scheduling and or backing down considering- (i) short-t erm power purchase agereements (ii) annual maintenance schedule of own generators, and (iii) day ahead/term ahead/spot and other short term trade. (b) The short-term power procurement plan shall be the least cost plan (least financial cost to the licensee), the ultimate objective being to make available secure and reliable power supply to all consumers with economically viable tariffs while satisfying power supply planning and security standards. (c) The short-term power procurement plan shall cover different periods of the day (i.e off- peak, peak and normal) and take into account the following: (i) Unrestricted demand and restricted demand forecast for the ensuing year. (ii) Forecast of energy and capacity availability from each of the existing sources o f power; (iii) Power purchase costs as per the ARR of the current year approved by the Commission; (iv) Impact of the above on the ARR for the ensuing year; (v) Trend of grid frequently in comparison to the earlier, to evaluate the possibilities of over- dr awing fo r t he gr id as a subst it ut e fo r fir m s ho r t o r lo ng t er m t r ade agr eeme nt s wit ho ut incurring high UI charges. 2.Medium-term and Long-term Power Procurement Plan (a) Based on the analysis of the demand forecast and assessment of supply availability, the licensee shall prepare medium term and long term power procurement plan, as the case may be, in advance of the concerned period with its plans for pro curement of power and it shall include: (i) projected demand in MW/MU (ii) forecast of generation fro m owned stations and purchases from other stations or sources with which the licensee entered into long term PPAs; (iii) assessment of gap; and (iv) plans to fill up the gap and the sources of supply (b) While preparing a medium term/long term power procuremnt plan, the licensee shall consider: (i) the balance requirement of power and energy during the plan period after accounting for the power procurement arrangements already entered intoR-368/2012 5 (ii) plans for procuring additional capacity required (iii) measures for demand curtailments (iv) proposed method of competitive solicitations including criteria for evaluation of alternative options (v) providing of least cost plan i.e. least financial cost to the licensee with ultimate objective of making available secure and reliable power supply to all consumers with economically viable tariff keeping in view the power supply planning and security standards (c) The lic ense e sha ll a lso prepa re a nd furnish mo nt h- wise det a ils o f po st years (wit h ye ar w ise totals) indicating power produced by (i) state generators (ii) central sector generating units (iii) other generators with whom long term/medium term power purchase agreements have been entered into (iv) short -term purchases made in MU and costs along with unit cost (v) category wise sales and losses in his area of supply (d) The licensee shall submit t o t he Co mmissio n o n updat ed medium term/lo ng t erm po wer pro curement plan for the previous year as approved by the Commission and included in the annual ARR filing to take the latest developments into consideration. 9.Approval of the Plan The Commission shall communicate its approval of the power procurement plan within 8 weeks from the date all necessary information/data requested as given below, have been furnished to the sat isfact io n o f t he Co mmissio n. 1. The power procurement plan including the demand forecast and assessment of availability for the ensuing year co mmencing from the month of April, shall be submitted by the licensee to the Commission by the 30th November of each year. 2. The long-term plan for t he following ten years shall also be submitted by 30th November of each year, duly updating the long-term power procurement plan submitted in the previous year as approved by the Commission, to take the latest developments into account. 3. The distribution licensee shall provide load forecast and power procurement plan for both sho rt -t erm and lo ng-t erm in proper format s. The Co mmissio n may call for such addit io nal information and data as it may deen necessary for approving load forecast and power pro curement plan and the licensee shall furnish such information within 2 weeks from being asked to do so. 4. The Co mmissio n may, at it s discret io n, ask t he licensee t o publish t he main det ails o f t he power procurement plan in such form and in such manner as it may prescribe, so as to enable any member of the public who desires to file objections, comments or suggestions, to do so in the manner indicated in the Co nduct of Business Regulations of the Co mmission. The Co mmissio n shall co nsider such representations before appro val of the plan.6 Ex-368/2012 5. To facilitate the approval of the plan, the licensee shall provide following details for the past five years along with the plan before the Commission (a) Month wise details (with year wise total) indicating power produced within the State and purchased from different sources along with detailed costs. (b) Month wise category wise sales and losses in the licence area with demand met. CHAPTER - 6 Power Purchase Agreements 10.Evaluation of PPA Any new medium term or long term power purchse agreement and amendments to existing PPAs entered by the licensee, shall be subject to the approval of the Commission. While approving the proposed agreement , t he Co mmissio n shall take int o acco unt t he fo llo wing: (a) Necessity (b) Reasonability of cost. (c) Pro mo ting efficiency, eco no my, equit ability and co mpetit io n. (d) Co nfo rmit y wit h guidelines fo r invest ment approval. (e) Co nfo rmit y wit h requirement s o f qualit y, co ntinuit y and reliabilit y o f supply. (f) Conformity with safety and environmental standards. (g) Co nfo r mit y w it h crit er io n o f po w er p urc hase as la id d o wn by t he Co mmissio n. (h) Confo rmit y with po licy directives including Natio nal Elect ricity Po licy, Nat ional Tariff Po licy and National Power Plan. 11.Ap p ro val o f P PA Agreements or arrangements entered by the licensee prior to the commencement of these Regulations shall be deemed to have been made under these Regulations and shall remain in force until the dates of their expiry: Provided that the Commission may, after due consideration, order that an agreement or arrangement be cancelled or terminated if it is satisfied that the terms and conditions thereof are not in the interests of the consumers at large. CHAPTER - 7 Procedure for Power Procurement 12.General Procedure 1.The licensee shall notify the proposal to procure power to attract the maximum number of technically and financially qualified bidders to supply the required power. 2.The licensee shall issue a Request for qualifications (a)to ascertain the technical suitability and the eligibility of the bidders (b)specify the requirements of power and the terms and conditions under which power is to be supplied. 3.The licensee shall indicate the procedure and the criteria for evaluation of bids and the selection of the successful bidder and also the time schedule theret o.7Ex-368/2012 4.The licensee shall adhere to the procurement procedure, including notification, specified by t he Co mmissio n fro m t ime t o t ime. 5.The Commission shall review the procedure adopted by the licensee to ensure that the power procurement is made in a transparent manner, and also conduct investigation wherever it is noticed that the procedure followed is not in accordance with specified procedure. 6.The Commission may direct the licensee to take corrective steps, including concellation of the tender and declaring the result as null and void wherever necessary. 7.The Commission shall accord approval, as and when necessary, if any deviation is required fro m the guidelines issued by the Ministry o f Po wer, Go vernment o f India. 13.Update the Monthly Procurement Plan 1.The licensee shall review and update the monthly forecast and power purchase plan after considering changes in demand, availability, cost market conditions and all other relevant factors. 2.The licensee shall evaluate the power position for the subsequent month preferably on the first of 4th week of the current month based on the expected demand and availability of the generation/purchase from secured resources and other sources on merit order. Merit order st ack for each month shall be prepared considering the availability fro m all sources including internal hydro/thermal sources, power from traders/exchange/neighbouring States/ UI etc. Based on such evalution, the licensee shall update the power purchase and procurement plan to minimize the cost of power. 3.The process shall be completed and an updated monthly power plan and procurement plan shall be furnished to the Commission before the commencement o f every month. 4.After the close of each month, t he licensee shall furnish the details t o the Commission of actual scheduling of energy along with cost in comparison with the plan. 5.If any time during the month, powers is available at lower cost from sources such as neighbouring States, traders, exchange/UI etc., the same shall be arranged by deviating fro m t he pla n pro vided mer it o rder principal is fo llo wed . The de viat io n shall be int imat ed t o t he Co mmissio n w it h reaso ns alo ng wit h t he act ual det a ils. 6.The Commission shall evaluate the procurement plan and may seek clarification if such process is found to be against the principles laid down. In such circumstances, the licensee may be required substantiat e t he reasons fo r such act io n. 7.The Co mmissio n aft er co nsidering t he clar ificat io n o f t he licensee, may allo w t o pass o n t o the tariff or decline the additional cost of purchase if imprudently incurred as the case may be. 8.Short term purchase of power shall be exercised only through transparent competitive bidding process ensuring maximum participation fro m the sellers of power. R-368/20128 14.Short term Power Procurement Procedure 1.The licensee shall have pro per mix of long term, medium term and short term (including monthwise or weekly or daily) contractual against agreements for procurement of energy for meeting the seasonal and daily variations in demand so as to take advantage of the market co nditio ns. 2.Scheduling of power for each month shall be planned in advance taking into consideration availability and cost of power from internal sources and outside, market conditions, expected changes in demand, and cost of power. 3.As long as transparent and prudent bidding or inst itutional mechanism is adopted and commercial considerations are honoured the licensee shall be at liberty to pro cure power wit hin t he specified limit fro m any so urce fo r sho rt t er m purp o se. 4.The licensee may undertake short term purchase by entering into contracts for the same on strictly merit order basis. 5.Prior approval of the Commission will be necessary for such contracts except for emergency purchases due to natural calamity, failure o f generators or transmission lines, which may be got ratified subsequently. 15.Medium Term/Long Term Power Procurement Procedure 1.Long t erm purchase shall be by competitive bidding process. The bidding process shall be as per the guidelines issued by the Central Government under Section of the Act. 2.The proposal of competitive procurement process should consider the following: (a)The manner in which the licensee plans to advertise the proposal and notify pot ential bid de rs so as t o at t r ac t t he ma ximu m nu mber o f t e chnica lly and fina nc ia lly qu alifie d bidders to provide the required power. (b)The request for qualifications to be issued, to ascertain the technical suitability of potential bidders and the manner in which the eligibility of companies to bid for supply of power, by the licensee. (c)The request for proposals clearly specifying the requirements of the licensee and the terms and conditions subject to which power is to be supplied, as embodied in a draft power purchase agreement (PPA) (d)The procedure and criteria to be used by the licensee for evaluation of bids and for selection of the winner, including an explanation of the way in which the lowest bid would be evaluated to test its acceptability. (e)The time schedule for conducting the above process and announcing its outcome. (f)The power procurement process shall- (i)ensure that the pro posals obtained by the licensee conform to the t echnical, economic and other criteria in accordance with the Act and the guidelines of the Central Government, issued under Section 63 of the Electricity Act, 2003. (ii)secure the integrity, transparency and effectiveness of the process.9Ex-368/2012 3.The purchase tariff in cases of generating companies, which are not covered under the process of competitive bidding as per Section 63 of the Electricity Act, 2003 shall be determined under Section 62 of the Act. 4.Any long term power purchase arrangements made through MOUs and PPAs with the generating co mp anie s by t he d is t r ibu t io n lic e ns ee pr io r t o t he is sue o f t hese g uidelin es w ill no t co me u nd er t he purview o f t hese guidelines t ill its validit y. 5.All power purchase for a period of more than one year and less than 10 years will also be treat ed at par with long term power purchase. CHAPTER - 8 General Conditions of Procurement 16.Criteria for Power Purchase The Commission shall lay down the criteria for power purchase by the licensee taking into co nsiderat io n: 1.policy directives of the Central or State Governments on power purchase, allocation including temporary allocation and diversion of power from different sources, generation from conventional and non-conventional energy sources within the State. 2.guidelines on compet it ive bidding issued by MOP, Go ver nment o f India fro m time to t ime; 3.consultat io n wit h St at e Transmission Ut ility, t ransmissio n licensees, generat ing co mpanies, distribution licensees and State Load Despatch Centre to meet power shortages and restrictions to be imposed; 4.provision for spinning reserve or frequency control capacity; 5.mechanism for spot or bilateral purchase or overdrawal/under drawal of active and reactive po w er by dist ribut io n lic ense es; 6.principle of least cost commensurate with the power system stability, system voltage, frequency profile and system losses; 7.power purchase and load management during under-frequency, over-frequency and island operations; 8.giving preference for generation at zero cost, which may include: (a)generation from run of river or casual based hydro stations (b)generation from non-conventional energy sources like wind, solar etc. but for which generation may waste; or generation from storage type hydro plant but for which generation may result in spillage of water. 17.General Conditions The dist ribut io n licensee shall co mply with t he fo llo wing: 1.procurement shall be in an efficient and economical manner under a t ransparent process. 2.It shall be ensured: (a)Po wer required is to meet the licensee’s service obligation (b)Power requiremetn is in accordance with the load forecast and power purchase plan approved by the Commission. (c)All economic, technical, system and environmental aspects of commercially viable alternatives have been examined (including arrangement for reducing the level of demand) in a manner appro ved by t he Commissio n.10 Ex-368/2012 3.Procurement procedure shall be as per the guidelines issued by the Ministry of Power, Govenment of India and/or the directions/inst ructions issued by the Commission from t ime t o t ime o n (a)po wer procurement plan and (b)power procurement pro cedure. 4.No power purchase shall be made without an authorization from the Commission except in the case of power purchases for less than 6 months which shall be subject to the criteria la id do w n by t he Co mmissio n. 5.Furnish copies of contracts/agreements for procurement or power purchse (both long term, medium term and short term) to the Co mmission within one month of conclusion of the agreements/contracts. 6.Ma ke s ho r t t er m p o w er p ur chase a s and when ne ed a r ise s but no t a s a ma t t e r o f r o u t ine and shall be for a minimal period and quantity for balancing the supply and demand under ext raordinary sit uat io ns. 7.Make short term power procurement power through transparent bidding pro cess as per the guidelines issued by the Ministry of Power vide Resolution No. 23/25/2011-R&R dt.15.05.2012. 8.Make efforts for contracting power purchases for a long period, to ensure that all the consumers can be supplied with power at the lowest tariff to the extent possible. 9.While affecting the purchase, strict merit order plan shall be addressed to by the licensee all t imes, by co nsider ing ava ilabilit y o f po w er fro m all po ssible so urce s. 10. The licensee shall also endeavour not to overdraw from the grid other than the permissible levels duly considering the system stability and applicable Regulations so as not to invite p e n a l t y. 11. The licensee shall endeavour at all times when the voltage is low, not to import reactive power from the grid. Requirements of reactive compensation in the State Power System shall be based mainly on recommendations of the Regional Load Despatch Centre. 18.Information to SLDC The licensee shall fulfill the following procedure while resorting to power purchase. 1.intimate its daily requirement to SLDC a day in advance 2.implement the criteria for power purchase as laid down in the power procurement plan and as directed by the Commission. 3.the SLDC shall work out the incremental and total cost of power purchase from each source based on relevant parameters such as fixed cost, variable cost, incentive, penalty etc and inform all the distribution licensees for adoption.11Ex-368/2012 CHAPTER - 9 Intervention in the Procurement Process 19.Intervention in the Procurement Process 1.During the period when the procurement process is on in accordance with these guidelines, the Commission may issue any order interrupting the process only on the grounds of (a)of mala-fide or improper conduct; and/or (b)the manner in which the licensee is conducting the procurement pro cess differs ma t er ially fr o m it s pr o p o sa l a s r eviewe d by t he Co mmissio n; a nd (c)on other by reasonable grounds. 2.These provisions are without prejudice to the Commission’s right to investigate and take appropriate action on credible information of malpractice becoming available to it. 3.Any investigation of a procurement process will be initiated by a notice of inquiry and conducted in accordance with the Commission’s Conduct of Business Regulations. The licensee shall not enter into any commitment to procure power or act upon such a commitment pending t he outcome of the investigation. 4.If the Commission determines that the procurement process was unsatisfactory with reference to criteria given in these guidelines, the Commission may order the licensee to take necessary corrective steps, including requiring it temporarily to suspend the procurement process, or to cancel it and declare the results null and void. 5.If the results o f the pro curement pro cess are declared null and void, the licensee shall so notify to the public and bidders. 6.Nothing in these guidelines shall prevent the Commission from investigating or taking such other action, as it deems appropriate, with respect to a completed power purchase agreement in the exercise of its responsibilities under the Act. CHAPTER - 10 Miscellaneous 20.Removal of Difficulties The Commission may, by general or specified order, remove any difficulty in implementing the provisions of these Regulations, not being inconsistent with the Act in the manner considered appropriate. 21.Power to Relax The Commission reserves the right to relax any of the provisions of these Regulations or any of the dire ct ives o r gu id elines issue d fro m t ime t o t ime subje ct t o su ch c o nd it io ns a s it may d ee m ne ce ssar y. 22.Power to Amend The Commission may, at any time, on an application or suo moto amend, modify, alter any of the provisions of these Regulations, as it may deem necessary.12 Ex-368/2012 23.Savings Nothing in these Regulations shall be deemed to limit or otherwise affect the power of the Commission. (a) to issue any order direction, as it may deem necessary in public interest; ( b) t o ad o pt any pr o ce dur e , in c o nfo r mit y o f wit h pr o visio ns o f t he Act , whic h is at var ia nce to the provisions of t hese Regulations; (c) to deal with any matter or exercise any power under the Act for which no Regulations have been framed. By Order o f the Commissio n, A. Chhawnmawia, Secretary Published and Issued by the Controller, Printing & Stationery, Mizoram Printed at th e Mizoram Govt. Press, Aizawl. C-500.Ex-368/2012 13

State Level Vigilance and Monitoring Committee

VOL - XLIISSUE - 372Date - 08/08/2012

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008Re. 1/- per pageVOL - XLI Aizawl, Wednesday 8.8.2012 Sravana 17, S.E. 1934, Issue No. 372Published and Issued by the Controller, Printing & Stationery, Mizoram Printed at th e Mizoram Govt. Press, Aizawl. C-500.NOTIFICATION No. J.20011/2/2011-HMP (SCT), the 2nd August, 2012. In exercise of the power conferred by rule 16 of the Scheduled Castes and the Scheduled Tribes (Preventin of Atrocities) Rules, 1995, the Governor of Mizoram is pleased to consitute State Level Vigilance and Monitoring Committee comprising of the following memb er s: 1.Chief Minister, Mizoram-Chairman 2.Home Minister, Mizoram-Member 3.Finance Minister, Mizoram-Member 4.Minister, Social Welfare Deptt., Mizoram-Member 5.Member of Parliament, Lok Sabha, Mizoram-Member 6.Member of Parliament, Rajya Sabha, Mizoram-Member 7.All member of Legislative Assembly, Mizoram-Member 8.Chief Secreta ry, Govt. of Mizoram-Member 9.Home Secreta ry, Govt. of Mizoram-Member 10.Director General of Police, Mizoram-Member 11.Secr etary, Socia l Welfare Depart ment-Convener Terms of reference: 1.The Committee shall meet a t least twice in a calendar year, in the month of January and July to review the implementation of the provisions of t he Scheduled Ca stes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. 2.To consider means to provide relief and rehabilitation facilities to be pr ovided to the victims and other matters connected therewith, prosecution for cases under the Act, role of different officers/agencies resp onsible for implementa tion of the Act and va rious r eports received by the State Government. K. Ria chho, Home Secreta ry to the Govt. of Mizoram, Home Department.

Joint Electricity Regulatory Commission for Manipur and Mizoram (Demand Side Management) Regulations, 2012”.

VOL - XLIISSUE - 373Date - 08/08/2012

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008Re. 1/- per pageVOL - XLI Aizawl, Wednesday 8.8.2012 Sravana 17, S.E. 1934, Issue No. 373NOTIFICATION No. H. 13011/ 27/ 10 - JERC, the 27th June, 2012. In exercise of the powers conferred by sub-section (1) of Section 181 and clause (zp) of sub-section (2) of Section 181 & Section 23 of the Electricity Act, 2003, and all o t her po wers enabling it in t his behalf, t he Jo int Elect ricit y Regulat o ry Co mmissio n fo r Manipur and Mizoram hereby makes the following Demand Side Management Regulations, 2012. 1.Short Title, Applicability, Commencement and interpretation 1.1These Regulation may be called the “Joint Electricity Regulatory Commission for Manipur and Mizoram (Demand Side Management) Regulations, 2012”. 1.2These Regulations extend to the whole of the States of Manipur and Mizoram and shall apply in relat io n t o all mat t ers falling wit hin t he jurisdictio n o f t he Co mmissio n. 1.3These Regulations shall come into force from the date of their publication in the Official Gazette of Manipur and Mizoram. 1.4These Regulations shall be construed harmoniously with the Joint Electricity Regulatory Commis- sio n fo r Manip ur and Mizo ram ( Terms and Co ndit io ns fo r De t erminat io n o f Tariff) Reg ulat io ns, 2010 as amended from time to time. 2.Definitions 2.1In these Regulations, unless the context otherwise requires : (a)“Act” means the Electricity Act, 2003 (36 of 2003) as amended from time to time; (b)“Avoided Costs” means the incremental costs avoided by the distribution licensee when it pur- chases power because of implementation of DS M progra mmes, or otherwise defers or a voids distribution related costs from existing/ new distribution system upgrade investments; (c)“Baseline data” means the initial base level consumption and/ or demand for electricity before a DSM programme begins to provide a starting point for comparison for assessing programme im- pact; (d)“Bureau” means t he Bureau of Energy Efficiency (BEE) est ablished under sub-section (1) of Section (2) of The Energy Conservation Act, 2001; (e)“Commission” means the Joint Electricity Regulatory Commission for Manipur and Mizoram cons tituted under sub-section (1) of Section 82 of the Act; (f)“Cost Effect ivenes s” means a n indicator of t he r elative perfor ma nce or economic attra ct ive- ness or any investment in DSM programme when compared to the costs of energy produced and delivered in the absence of such an investment; (g)“Demand Side Ma na gement” means the actions of a Distribution Licensee, beyond the customer ’s meter, with the object ive of a ltering the end-use of electr icity - whether it is to incr ease demand, decrease it, shift it between high and low peak periods, or mana ge it when there are intermittent load demands in the overall interest s of reducing Distribution Licensee costs; (h)“Demand Side Resource” means a saving in consumption (kWh) and/ or demand (kW/kVA) available as a result of implementation of DSM progra mme, to be expressed in three impor tant dimensions: Quantum - as to how much is available (kWh and/ or kW); Time - as to when it is available (at which time of day, on wha t days, in what season); and the Cost - as at what cost it is available; (i)“Distribution Licensee” shall have the meaning ascribed thereto in the Act; (j)“DSM” means Dema nd Side Management; (k)“DS M Cell” means a Committee constituted by the Distribution Licensee to facilitate DSM programme a pproval process and execute the DSM related functions as detailed under Regula tion 10 of these Regulations; (l)“Energy Efficiency” means activities or programmes that stimulate customers to reduce cus- tomer energy use by making investments in more efficient equipment or control that reduce energy use while maintaining a comparable level of service as perceived by the customer; (m)“Evaluation, Measurement and Verification (EM&V)” means act ivities which evaluate, monitor, measure and verify perfor mance or other aspects of DSM/energy programmes or their market environment; (n)“Life” means an estimate of the median number of year s that the DSM measur es, installed under the programme, are still in place a nd operable; (o)“Load Management” Pr ogrammes that reduce or shift peak demand away fr om periods of high cost electr icity to non-p eak or lower cost time periods, with a neutral effect on or negligible in- crease in electric use. Such programs shall also cover Demand Response progr ams. (p)“Loa d Resea rch” means an activity embracing the measurement a nd study of the characteris- tics of electric loads to provide a thorough a nd relia ble knowledge of trends, and genera l behaviour of t he load charact eristics of the customers serviced by the electrica l industry; 2.2Words and expressions used herein and not defined shall have the meanings assigned to them in the Act or the Rules or Regulations made there under. Ex-373/20122 3.Objective The objectives of these Regulations a re:- (a)to make DSM an integral pa rt of the day-t o-day operation of the licensee and undertake planning, designing a nd implementation of a ppropriate DSM progra mmes on a suita ble manner; (b)to make str ategic energy conservation, load shifting and pricing initiatives including power fa ctor cor r ection, time to use tar iff as t he main objective of t he licensee; (c)to ensure implementation of DSM measures formulated by the Government of Manipur and Government of Mizoram; (d)to make DSM measures in the States of Manipur and Mizora m consistent with the National DSM Objectives/Plans formula ted by the Bur eau. 4.Target (a)The Commission sha ll set up annua l DSM t argets in mutual consultation with the licensee ta king relevant fa ctors into consideration. (b)Targets may include the following:- (i)Percentage reductions in load growth; (ii)Savings in kW, kWh; (iii)Savings as a percent of total resources to meet load; (c)While setting up the annua l DSM targets under sub-regulation (1) the Commission sha ll consider the technica l potential in the Sta tes of Manipur and Mizoram as assessed by the licensee with the methodology developed by the Bur eau of Energy Efficiency (BEE). 5.Basic Pr inciples (a)Every Distr ibution Licensee shall make DSM an integral part of their day-to-day operations, and undertake planning, designing and implementation of appropria te DSM programmes on a susta ined basis. (b)Distribution Licensees may recover all justifiable costs incurred by them in any DSM related activ- ity, including pla nning, designing, implementing, monitoring and eva luating DSM programmes, by adding these costs to their Annual Revenue Requirement to enable their funding through tariff or by implementing progra mmes at the Consumers’ premises that would attract appropria te Retur n on investment. All such DSM related activity/ programmes undertaken by the Distribution Licensees - (i)will need to be cost effective for the consumers of the Distribution Licensees as well as to the Distribution Licensees themselves; (ii)shall protect the interest of cons umers a nd be implemented in a n equit able manner; (iii)shall result in overall ta riff reductions for all the consumers of the licensees. (c)Distribution Licensees shall be guided by these Regulations - (i)while planning and submitting long-term power procurement plan to the Commission as part of their application seeking determination of tar iff;Ex-373/2012 3 (ii)while submitting to the Commission the measures proposed to be implemented by them as regards load management, energy conservation and energy efficiency; (iii)while submitting to the Commission the impact on energy demand, together with the cost- benefit analysis. 6.DSM Guiding Principles The Duties of the Distribution Licensees shall be as follows: (a)Distribution Licensees shall implement quick acting DSM programmes that provide long-term savings; (b)Distribution Licensees sha ll propose and implement programmes bringing in energy-efficiency in the premises used for the following pur poses - commercial, public-sector, r esidential, municipal and industrial use; (c)Distribution Licensees shall implement programmes tha t help reduce peak demand peak shifting and associa ted cos tly power purchase, specifica lly in the urban centres. Such progr ammes shall also include Demand Response initiatives involving consumers agreeing to modulate their load shapes through a contract with the licensee. (d)Distribution Licensees formulate DSM programme designs that provide sustainable benefits (mar- ket transfor mation), and which par ticular ly:- (i)enhances consumer interest and inclination in a dopting load management and energy effi- ciency, i.e., not only removes perceived barries but goes beyond and motivates consumers to a dopt energy efficiency; (ii)enhances the interest and the willingness of the intermediaries such as the banks to lend for ener gy efficiency measures; and (iii)enhances emergence or development of sustainable energy delivery entities. (e)Distribution Licensees shall implement programmes: (i)that are cost effective for total resources; (ii)that do not put undue burden on non-participants (those who do not par ticipate in the DSM programmes) and par ticipants (those who participate in the DSM programme); (iii)that directly or indirectly benefit the consumers in all segments fr om the programmes. (f)Distribution Licensees sha ll design, develop and implement DSM programmes that supplement national level efforts, specifically those promoted by the Bu reau of Energy Efficiency (BEE). (g)The DSM programme portfolio of Distribution Licensees will be designed on the basis of “ma rket driven” approach t o DSM pr otfolio select ion. (h)DSM programme development, design and implementation shall be carried out in consultation with the stakeholders in the State to ensure pragmatic implementation of programmes and also to ensure consumer awar eness and education. (i)DSM Cell set up under the Regula tions shall be the nodal agency to drive the progr amme imple- mentation under these Regulations, and shall recommend DSM Plan and Programmes to the Com- mission for approval. Ex-373/20124 7.DSM Cell (a)Every Distr ibution Licensee shall, constitute DSM Cell within three months of adoption of these Regu la tions. (b)The DSM Cell so constituted shall be pr ovided with necessary authority and resources so a s to execute the functions assigned to it under these Regulations. (c)The DSM Cell shall be responsible for : (i)Load resear ch and development of ba seline data. (ii)Formulation of DSM Plan. (iii)Design and development of DSM projects including cost benefit analysis plans for imple- mentation, monitoring & reporting and for measurement & verification. (iv)Seeking necessary a pprovals of the Commission to the Dra ft DSM Plan and individual programmes. (v)Implementation of DSM programmes. (vi)Liaison with the State Designated Agency at Pla nning a nd implementation sta ge to a void duplication of DSM and/ or Energy Efficiency activity in the States of Manipur and Mizoram. (vii) Validation and Updation of Master Plan and submission of the same for appr oval of the Commission, alongwith the DSM pr ogrammes on annual ba sis. (viii) Evaluation, Measur ement a nd Verification of DSM progra mme. (ix)Any other a dditional funct ion tha t may be assigned by the Commission from time to time. 8.Load and Market Research and Development of Baseline Data. (a)Distribution Licensee shall undertake load resear ch to identify the tar get cons umer segment(s) and end uses for DSM pr ogrammes to build the necessa ry database. (b)Distribution Licensee shall undertake market resear ch to estimate market potential for specific ener gy efficiency t echnologies and applications, establish key performa nce indicators, and deter- mine existing baseline market conditions. (c)On the basis of the result s of load and market, the Distribution Licensee shall develop ba seline data for its area of supply. (d)Distribution Licensee shall design, develop and implement the initial few DS M progra mmes on the basis of available data and studies completed by BEE t ill the complete baseline is availa ble for its area of supply and establishment of baseline data shall not be a pre-requisite for design of such initial DSM programme by the Distribution Licensees. 9.Formulation of DSM Pla n. (a)Distribution Licensee shall formulate and submit to the Commission a perpective DSM Plan cover- ing period of the control period, within one year of notification of these Regulations. The Plan shall include (i)An overall goal of DSM P lan. (ii)Description of DSM programmes to form a part of DSM Plan. (iii)Implementation process and schedule of each progra mme in the plan as a whole. (iv)Plan for Monitoring and Reporting. (v)Indicative cost effectiveness assessment of programmes. (b)The Distribution Licensee shall include all relevant DSM Programmes (including multi-State programmes) developed by Bureau in its perspective plan as and when such programmes are announced by Bureau.Ex-373/2012 5 (i)The Distribution Licensee shall submit on rolling basis, an annual plan, not inconsistent with the perspective pla n, for upcoming year, along with the Annual Performance Review. (c)Selection a nd prioritization of various DSM programmes in the DSM Plan shall be guided by the following factors: (i)The cost effectiveness guidelines in Regulation 18. (ii)DSM objectives identified in Regulation 3. (iii)Whether the proposed programmes supplement National level efforts adopted by the Bureau. (iv)Programmes with high visibility a nd therefore potential for cr eation of awareness within consumers. 10.DSM Funding (a)Without prejudice to the generalit y of Regulation 5, the following provisions shall apply:- (i)Funding of all the DSM pr ogrammes and plans to be implemented by the Distribution Lic- ensees shall be included in the Annual R evenue Requirement (ARR). (ii)Distribution Licensees sha ll be allowed to recover all costs incurred by them in any DSM related activity, including planning, conducting load research, designing, implementing, moni- toring and evaluating DSM programmes, by adding these costs to their ARR to enable their funding through tariff struct ure. (iii)Since the DSM costs are being recovered through tariffs, only those DSM activities that adhere to t he Regu la tions rela ted to Cos t Effectivenes s Asses sment shall be implemented by Distribution Licensees. (iv)The Commission may direct the Distribution Licensees to adopt other complementing DSM funding appr oaches such as creating a pool of fu nds through collection of public benefits char ge at a later date; if such an appr oach is found beneficial. (v)Distribution Licensees sha ll obtain the prior approval of the Commission for implementing DSM Programmes at the consumer premises through equity placements. Pr ovided that such progra mmes sha ll be eligible for Return on Investment and would be evaluated during the ARR approval process. (vi)The Commssion may provide incentives to Distribution Utilities for achieving or exceeding DSM Objectives as identified in Regula tion 3 of the Regulation. 11.DSM Budget (a)Without prejudice to the generalit y of Regulation 8, the following provisions shall apply:- (i)Distribution Licensees shall set up a Mult i-year DSM Pla n and DS M progr amme budgets and submit the same during the MYT approval and Annual Revenue Requirements (ARR) approval process. (ii)The budget shall b e spent only after approval of aggregated DSM Plans and/or individual DSM P rogrammes by the Commission. (iii)DSM implementation plan and associated budgets shall be substantiated with the prioritization of the possible pr ogrammes within the license a rea. (iv)The DSM budget to be spent ever y year shall be su bstantiated with the kW and kWh savings tar gets where such targets shall be developed by carr ying out detailed load re- search activity and implementing DSM programmes that may be directed by the DSM Consultation Committee proa ctively for the benefit of consumers in the State. (b)Distribution Licensees shall submit year-wise schedule of DSM Plan implementation and corre- Ex-373/20126 sponding budget allocations relevant to the savings or shifting/reduction of peak load. (c)The aggregated year -wise funds requirement and achievements shall be the annual DSM budgets and annual DSM targets, respectively. (d)These annua l DSM budgets a nd targets, determined and a pproved at the beginning of the planning cycle shall be revisited during the Annual Performance Review. (e)The DSM Cell may t ake special account of measures taken by Distribution Licensees to develop carbon fina nce programmes using the Clean Development Mechanism of the United Nations Fr ame- work Convention on Climate Change (UNFCCC) or any other voluntary carbon financing protocol. 12.Funding for DSM Activities other than DSM Plan Implementation Distribution licenses shall seek separate budget approva l from Commission for additional expenses (beyond the DSM pr ogramme and DS M plan implementation) to be incurr ed for activit ies such as carr ying out load research, cons umer surveys, DSM pla n and programme development activit ies, research and analysis, funding of any activities proposed by the DSM Cell, conduct of potential studies, tr aining & development etc. 13.Allocation of Funds for Consumer Awareness, Audits and Equity Considerations Distr ibution Licensees sha ll be a llowed to spend a rea sona ble a mount, pre-appr oved by the C om- mission on recommendation by the DSM Cell to promote consumer awareness and education about why, how, when and where of load management/energy efficiency and include activities such as: (i)Energy audits (ii)Awareness Ca mpaigns (iii)Energy Efficiency a nd Load Management Demonstration projects. (iv)Training pr ogrammes, seminars, workshops, round tables, conferences, business exchange meets (buyer-seller meets) (v)Establishment of permanent display/demonstration centres cum model “green”/ultra energy efficient buildings (buildings that go beyond ECBC - Energy Conservation Buil- ding Codes) 14.DSM Plan Approval Process The following elements sha ll guide in the approval process by the Commission for the DSM P lan: (a)The term of the plan shall coincide with the corresponding five year multi-year Tariff t erm. (b)The DSM Plan shall be submitted to the Commission coincident with the su bmission of Capital Expenditure Plans submitted by the distribution licensee. (c)The distribution licensee shall submit the Plan in both, hard copy version (Thr ee copies) and soft copy version. (d)DSM Cell shall hold meetings for programme review and seek any inputs requir ed from the distri- bution licensee. (e)Any specific observations and required revisions shall be conveyed to the distribution licensee. T herea ft er the licensee, after a ddr essing a ll the comments conta ined in the communication of DSM Cell shall resubmit the revised DSM Plan to the DSM Cell within time stipulated in the DSM Cell communication. (f)DSM Cell sha ll drive the process r elated to approval of pilot programmes and a ll appr ovals sought by the distr ibution licensee till such time that a multi-year tariff s etting process does not come in toEx-373/2012 7 for ce. 15.Approval of DSM Plan (a)Distribution Licensee shall submit the DSM Plan approved by the DSM Cell to the Commission for approval at least six months before the tentative start date. (b)The Commission may adopt pr ocedures as specified in the Conduct of Business Regulations for according a pproval to the DSM P lan. 16.Elements of DSM Programme Document (a)The Distribution Licensee shall design and develop the DSM Plan by taking reference from the previous DSM Plan, if any, and validating or r eprioritizing the same based on the feedba ck from the programme a lready implemented or being implemented including evaluation of benefits achieved. (b)The DSM programme shall be prepa red by the licensee on annua l basis and the first annual DSM programme shall be prepared, within six months from the date of approval of the DSM master plan by the Commission. (c)The licensee shall submit the annual DSM programme formulated under sub-regulation (1) to the Commission for its approval alongwith t he Year ly Aggr egate Revenue Requirement (ARR). (d)The annual DSM programme shall be implemented only after its a pproval by the Commission. (e)DSM Programme Document shall include the following elements, namely:- 16.1 Pr ogra mme Description (i)Description of DSM measures and technologies, that are intended to be implemented through the proposed DSM pr ogramme including eligibility criteria listing of brands a nd manufac- tures/ vendors that will be eligible for participation in the DSM programme, relevant pr icing, quality assurance a nd replacement/ guarantee policy; (ii)Whether any measures similar to t hose proposed in the DSM and/or EE pr ogramme are underway or planned by the State Designa ted Agency. If yes, then the description of the same shall be provided alongwith necess ity and detailed justification, if any, for inclu ding the same in the proposed DS M progra mme; (iii)The consumer segments and the end users which are tar geted including eligibility criteria to be used for identification of potential consumers within the identified target segment; (iv) Other sta keholders (financiers, energy services companies, equipment vendors, consult- ants, energy auditors, tra de associations, groups of persons, NGOs, aca demic institutions, Government organizations) involved in the implementation process, description of their roles and responsibilities and manner of par ticipation; (v)Identification of barriers of DSM progr amme including institutional and implementa tion barr ier etc. and the measures pr oposed for overcoming the same; (vi) Strategy the programme proposes to use, including proposed incentives, if any, strategies to motivate consumers and other stakeholders to participate in the programme, descrip- tion of payment and collection mechanism and equipment/service delivery mechanism; (vii) Description of programme mana gement and implementation arrangements, including description of institutional relationships and internal programme tracking systems to be Ex-373/20128 followed by the licensees. 16.2 Evaluation Monitoring & Verification This part will describe EM &V and monitor ing plans such as - (i)Description of base line calculation and description of monitoring and verification methodology; (ii)Description of DSM programme monitoring, review and impact (in terms of progr amme participation, in terms of increases in penetr ation level of efficient devices and technolo- gies, and in terms of load reduction/energy savings) analysis system/mechanism-who will monitor, what will be monitored, how will be monitored, who will verify, how frequently will be monitored, who will pr epare monitor ing/progress r eports etc. 16.3 Detailed Implementation Plan (i)This part will describe if the pr ogramme will have any phases (e.g. demonstr ation/pilot etc.). (ii)This part will also have description of main activities and indication about their sequencing and interdependence. For each main activit y, this part will also provide description of who will be resp onsible for the activity and when will the act ivity be perfor med. (iii)Implementation mechanism i.e. Energy Service Company, DSM bidding, DSM resource acquisition etc. 16.4 Estimate of Annual and Cumulative Savings This part will describe the estimate of a nnual and cumulative savings to the licensees and other beneficiaries due to the programme with all the assumptions used in savings estimation process, including ba se line considered. 16.5 Annual Programme Funding Requirements This part will have descr iption of fina ncing a rrangement, including share of distribution licensee, vendors, consumers, retailers, S tate Government, Centr al Government etc. 16.6 Cost Effectiveness Calculation Details This part will describe the cost effectiveness aspects of each of the measures proposed in the DSM programme including the ca lculation deta ils of t he programme costs and benefits, impact on con- sumer tariffs, with explicit description of all the input values considered a nd all the assumption used in cost effectiveness calculations and for input values and will be calculated as per the guidelines in Regulation 18. 16.7 Mechanism for Cost Recovery (a)The licensee shall identify the net incrementa l costs, if any, associated with the planning, design and implementation of each of the measur es included in the DSM progra mme. (b)The licensee shall propose to the Commission, the methodology for recovery of net incre- mental costs through tariff or a ny other mecha nism, while pr eparing the DS M progr amme docu ment . 16.8 Dispute Resolution Mechanism This part will describe an appropr iate mechanism to be followed for resolution of disputes arisingEx-373/2012 9 during progr amme implementa tions stage. 16. 9 Monitoring a nd Repor ting This part will describe the manner of submission of the monthly and quarterly monitoring reports to the Commission for DSM programme based on the proposed monitoring pla ns embedded in the programme designs. Also describe the proposed “pr ogramme completion reporting mechanism” at the end of the year and a lso at the end of the DSM plan. 16.10 Plan for Training/Seminars/Workshops To cr eat e consu mer awarenes s. 16.11Any other a spects a s may be required by the Commission from time to time. 17.Coverage and Scope of the Cost-Effectiveness Assess ment Methods These Regulations will be used to assess the economic-effectiveness of a programme or plan and under simple assumptions r egarding some of the decision varia bles such as inter alia, DSM mea- sures/ programme costs and impact s (both, energy - kWh and demand - kVA or KW), discount rate, life, escalation rate and avoided cost. 18. Cost-effectiveness Criteria (i)Distribution Licensees shall send to the Commission t he DSM Programmes and Plans that pass the Cost-effectiveness Criteria set forth through these R egulations. (ii)Distribution Licensees shall evaluate Total Resource C ost (TRC) test as the main hurdle test; followed by the Ratepayer-Impact Measure (RIM) test that confirms the fact that programme implementation and costs incurred would not impact the tariffs adversely. (iii)The Life-Cycle Revenue Impact (LRIRIM) should not be more than ^0.01/kWh or over 0.1% of existing tariff a s tariff increase, whichever is higher. (iv)The programme screening shall be carried out using following decision tree: (a)TRC as the main hurdle test : All DS M progr ammes that show positive number for the Net Present Value (NPV) of the Benefits over the NPV of Costs should be cons idered for evaluation of RIM test. (b)RIM test: DSM Programmes that show positive number when NPV of the Ben- efit s over t he Costs for the Ratepa yer s ar e considered should be implemented. (c)LRIR IM test : DSM Pr ogrammes that do not show positive number for RIM test should be implemented if the tar iff impa ct due to the implementation of the DSM Programmes is less than ^0.01/kWh or less than 0.1% of the existing ta riff, which- ever is higher. 18.1 Total Resources Cost Test (i)The main hurdle test shall be carried out by calculating Net Present Value (NPV) of Benefits (B) and Costs (C). NPV for DSM measure/programme shall be determined as the difference between B and C. Where, B= NPV of measure/programme benefits discounted over a specified time period Ex-373/201210 C= NPV of measure/p rogramme costs discounted over a specified time period If, the measure/programme benefit in year “t” is say “Bt ”, and discounting rate is say “ r”, the time period for discounting is say “n” years, then B can be expressed as: n B =6 (Bt )/(l + r) t-l ] (equation 1) t = l Similarly, if, the measur e/progra mme cos t in year “t” is say “C ”, a nd discounting rate is say “r ”, the time period for discounting is say “n” years, then C ca n be expressed as : n C =6(Ct )/(l + r) t-l ] (equation 2) t = l (ii)Cost elements for the TRC test shall be determined considering the following : (a)The cost of efficient device/equipment/appliance/technology or pract ice, including the applicable taxes, duties and levies; (b)Installation, tria l and commissioning costs associated with efficient device/equipment/prac- tice/technology; (c)Year ly operation a nd maintenance costs over the life of the measure/progra mme; (d)Old inefficient equipment removal and sa fe disposal costs (if the DSM measur e/progr amme involves replacement or retrofitting); (e)Programme administration, monitor ing and evalua tion costs; (f)Progr amme mar keting costs.Note :- If there are any ta x credits, the same shall be consider ed as r eduction to the cost. Similar ly, if there is old equipment/device/appliance/technology etc. that is being replaced; the salvage value of this old equip- ment or device shall be considered as a reduction in the cost. Benefits of a DSM programme or a DSM measure are the savings in the energy (kWh) consumed and/ or savings in the dema nd (kW). The kWh savings sha ll be ca lculated based on the number of hour s of energy efficient appliance/equipment is used and number of days in a year the a ppliance/ equipment is used. T hese savings usua lly occur at the point of use and are experienced by the consumer installing a DS M measur e or cons umer pa rticipating in a DSM programme. To a rrive at the avoided purchase of power by the licensee, the participant sa vings a t the point of use have to be suitably adjusted to account for system transmission and distribution losses. The benefits have to be valued over the period over which the assessment is t o be carried out. Thus, if savings at point of use in year “ t”are'St expressed in kWh, a nd if tr ansmission and distribution loss es expressed as percenta ge in the same yea r are T Lt and DLt respectively, the Avoided Purchase of Power in yaer “t” (APPt) by the licensee would be: = St/[ (l - TLt) x (l - DLt)] If, rate of power purchase in year “t”, is Rt, then Avoided Power Pur chase C ost (APPCt) in year “t” would be = APPt x Rt Any reduction in “intra-state tra nsmission char ges”, as a resu lt of r eduction in the average co-incident peak dema nd of the licensee shall be consider ed as a “benefit” under this test. While calculating energy and dema nd savings as benefits, year-on-year escala tion rate of 5% should be considered. Tests should con- sider a discount rate of 10.5%.Ex-373/2012 11 Both benefits and cost; shall be calculated over the the “Life” of t he technology being deployed. Distr ibu- tion Licensee shall use the “warr anted” life of the retrofit by the technology provider as it is important to ensu re that the sa vings considered are r ealized over the life-span of the equipment/applia nces. Alternately, “life” as may be defined by the DSM Cell shall be used. 18.2 Ratepayer Impact Measure Test (i)Cost elements mentioned below sha ll be used in “ equation 1” (a)The cost of efficient device/ equipment/ technology or practice, including the applicable taxes, duties, levies etc. paid by the licensee or to the extent paid for by the licens ees; (b)Insta llation, trial and commissioning costs associa ted with efficient device/equipment/a ppli- ance/practice/technology paid by the licensee or to the extent paid for by the licensee; (c)Year ly operation a nd maintenance costs over the life of the measure/programme paid for by the licensee or to the extent paid for by the licensee; (d)Old inefficient equipment removal and sa fe disposal costs (if the DSM measur e/progr amme involves replacement or retrofitting) pa id for by the licensee or to the extent paid for by the lic ens ee; (e)Programme administr ation, monitor ing and evaluation cos ts paid for by the licensee or to the extent paid for by the licensee; (f)Programme marketing costs, including incentives, if any, paid by the licensee or to the extent paid for by t he licensee; (g)Decr ease in licensee revenues due t o the DS M progra mme. (ii)Benefits of the DSM progra mme shall be ca lculated as “Avoided C ost of Power Purchase”. If savings due to a DS M progr amme/ measure a t point of use in year “t” ar e'St, and if tr ansmission and distribution losses in the same year are TLt and DLt, ex pressed as a percent age res pectively, the Avoided Purchase of Power in year “t” (APPt) by the licensee would be: ='St/[ (l - TLt) x (l - DLt)] If, rate of power purchase in year “t”, is Rt, then Avoided Pur chase Cost (APPCt) in year “t”would be = APPt x Rt (iii)Any reduction in “intra-state transmission cha rges”, as a result of reduction in t he average co-incident peak demand of t he licensee shall be considered as a “benefit” under this test. (iv)While calculating energy and demand savings as benefits, year-on-year escalation r ate of 5% should be considered. Note :-Tests should consider a discount rate of 10.5%. (v)Both, benefits and costs; sha ll be calculated over the “Life” of the technology being deployed. (vi)Distribution Licensee shall use the “War rantied” life of the retrofit by the technology provider as it is important to ensure that the savings considered are realized over the life-span of the equipment /appliances. Alter na tely, “Life” as may be defined by the DSM Cell sha ll be used. 18.3 Life-cycle Revenue Impact-RIM Test (i)LRIR IM test shall be conducted using sa me data used for calcu lating the RIM test described in Section 5.2 of these Regulations. (ii)Difference between NPV of Cost and NPV of Benefits shall be divided with tota l utilit y kWh sales to determine the ra te impact on the non-p articipa nts. Ex-373/201212 (iii)Distribution Licensees shall also submit results of two more test-Participants Cost Test (PCT) and Societal Cost Test (SCT); though these are not considered in the decision-making. Methods for carr ying out the PCT and SCT are pr ovided in Annexure 1 to these Regulations. 18.4 Correction Factors for Power Shortage Situations (i)The Cost Effectiveness test s when applied in the power shortage situations will have to be substantiated by sound information on the hours of usage of pre and post-DSM programme implementation for the end-user that are r etrofitted or changed or installed newly. (ii)Measurement and verification process to be followed for the power shortage situations shall be designed in order to review the actual number of hours post-implementation. 18.5 Values of Key Inputs Used in the Tests (i)The default input values to be considered by all Distribution Licensees, shall be as follows:- (a)Avoided C ost of Power P ur chase for TRC, RIM and PCT - Weighted Average of Highest Marginal Cost of Power Purchase r elated to top 10% of energy use stack for the past one year as computed by the Sta te Load Despatch Centre. (b)Avoided Cost of Power Pur chase for SCT - ^ 10.6/kWh (prevalent for diesel genera- tor sets). (c)Esca lation r ates of power sales, a voided cost of purchase - 5% year-on-year. (d)Discount rate TRC and RIM tests - 10.5% (e)Discount rate for PCT - 13% (f)Discount rate for SCT - 10% (ii)The Commission may, by order, revise the above values annually, if necessary. 19.Commission Review and Appr ova l of DSM Pr ogramme (1)The Commission sha ll appr ove the annual DSM programme alongwith ARR every year. (2)With a view to ensuring consistency with t he DSM Objectives set out under Regulation 3, the Commission may dir ect modifications to the proposed or on-going programmes: Provided that the Commission shall allow reasonable time to the licensee to enable it to notify consumers and others of the programme modification. 20.DSM Programme Completion Report (1)The licensee shall prepar e and submit phase-wise Programme Completion Reports and submit the same to the Commission as per the schedule approved by the Commission. (2)The completion report under sub-regulation (1) shall cover the programme expenses, achieve- ments, outcome, outputs, experienced constraints and difficulties, conclusions, recommendations, lessons lear ned and way forward. 21.Issue of Orders and Practice Directions Subject to the provisions of the Act, the Commission may, from time to time, issue guidelines, orders, cir culars a nd practice directions in regard to the implementa tion of these R egulations.Ex-373/2012 13 22.Power to Remove Difficulties If a ny difficulty a rises is giving effect to any of the provisions of these R egulations, the Commission may, by general or special order, take suitable action, not being inconsistent with the Act, which appears to the Commission to be necessary or exp edient for the purpose of removing difficult ies. 23.Power to Amend The Commission may, at any time add, vary alter, modify or amend any provisions of these Regulations.Annexure 1 : Methods to carry out t he PCT and SCT A.1Participants Cost Test (PCT) This test provides a measure of t he quantifiable benefits and costs to an “average’ consumer for participat- ing in a DSM programme. S ince many consumers do not base their decision to participate in a DSM programme entirely on quantifiable variables (many times consumers decision to buy an applia nce/device/ equipment a re based on factors such as discount offered, features, br and value, initial cos t etc.), this test may not fully represent the benefits and costs of a progr amme to a consumer. A.1.1. Costs In its simplest form, the costs in this test are theProgramme Costs P aid by the Par ticipa nt. In addition, a ny incr ease in electricity bill of the participant as a r esult of the DS M progr amme is also t o be cons idered as costs under this test. Thus the “Cost” elements usually associated with this test are: *The cost of efficient device/equipment/appliance/technology or practice, inclu ding the applicable taxes, duties, levies etc. paid for or to the extent paid for by the participant; *Installation, trial and commissioning costs associated with efficient device/equipment/applia nce/ technology paid or to the extent paid for by the participant; *Annual opera tion and maint enance costs over the life of the measure/programme paid for or to the extent paid for by the participant; *Old inefficient equipment remova l costs (if the DSM measure/programme involves replacement or retr ofitting) paid for or to the extent paid for by the participant; *Programme administr ation, monitoring an evaluation costs paid for or to the ext ent paid for by the participant; *Programme marketing costs, including incentives, if any, paid or to the extent p aid for by the participant; *Increase in participant electricity bill due to the DSM programme. If there is old equipment/device/appliance/technology etc. that is being replaced; the salvage value of this old equipment or device is considered as a reduction in the cost. Similarly, if there is tax-credit or incentive offered to the consumer the sa me can be treated as r eduction in cost. Conventionally, the same will be treated as benefits accruing to the participants as a result or DSM programme under PCT. A.1.2 Benefits Benefits under this test a re the reduction in consumers’ electr icity bills, ta x credit received by t he consumer and incentives received by the consumer. A.1.3 Escalation Rates The ad-hoc recommended escalation rate for power tariff is 5% or as may be revised under Sr. No. 7 of these Regulations. Ex-373/201214 A.1.4 Discount Rate The discount rate for this test should ideally be the ra te at which ba nks and financial institutions would lend to consumers. Thus, depending upon the credit s tanding of the consumer the r ate is likely to vary. For households, it is likely to be higher t han for commercial sector or industr ial sector consumers. However, a discount ra te of 13% may be taken for all categories of consumers or a s may be revised under Sr.No. 7 of these Regulations. A.1.5 Test Results The NPV will be used as the primar y evaluation cr iterion. A NPV value of zero or above will indicate that PCT test has been passed. It would also mean that the DS M progra mme is beneficial for an “average” par ticipating consumer. On the other ha nd, a NPV value of less than zero will indicate that the DSM measure/programme being evaluated for PCT has failed the PCT, i.e. participation in a DSM programme is not beneficial for the consumer. Tax credits and incentives appear on the benefit side of the NPV equation under this test. Thus, the benefit side of the DSM Programme can be boosted by offering incentives or tax credits or by offering larger tax credits or incentives. For DSM P rogrammes that show negative NPV values, the PCT test can help iden- tify the thr eshold level of tax cr edit/incentive that would need to be offered to make the DSM progr amme beneficial from par ticipant perspective. Such thr eshold value will be the tax credit/incentive values for which NPV is zero. Idea lly, sensitivit y analysis with respect to various a ssumptions should also be conducted in order to under- stand the level of influence of each assumption on the NPV value. A.2Societal Cost Test (SCT) The Societa l Cost Test is structurally similar to the Total Resource C ost Test. However, since SCT goes beyond the T RC test in that it attempts to quantify the change in the total resource costs to society as a whole rather than t o only the service terr itory (the licensee and its consumers), it would be necessar y to cons ider different values for some of the input variables such a s power purchase rate, discou nt rate etc. More specifically, the Societal Cost Test differs from the TRC Test in the following ways: *The va lue of power pur chase ra te will need to be the “ social cost of power” which could be cons idered as the consumers’ willingness to pa y for power or the pr ice the consumers are willing to pay for power. In t he India n context, cost of diesel generation can be used as a proxy for consum- ers’ willingness to pay for power, and thus the socia l cost of power can be taken as cos t of diesel generation. For the purposes of calculating this test, diesel genera tion cost of ^ 10.6/kWh or as may be r evised under Sr. No.7 of these Regulations should be used. *Since taxes , duties, levies, tax credits etc. a re trea ted as a trans fer payment in the Soc ietal Test, they should be excluded from the calculations. *The value of the discounting rate under SCT should be the societal discount rate. In the context of DS M programmes, the licensees could use 10% a s the societal discou nting rate or a s may be revised under Sr. No.7 of these Regulations. Certain indirect benefits such as reduction in greenhouse gases that takes place a s an effect of implement- ing a DSM measure should be considered while calculating SCT. Published and Issued by the Controller, Printing & Stationery, Mizoram Printed at th e Mizoram Govt. Press, Aizawl. C-500.Ex-373/2012 15

The Mizoram Societies Registration (Amendment) Act, 2012 (Act No. 11 of 2012) {Received the assent of the Governor of Mizoram on the 30 th July, 2012}

VOL - XLIISSUE - 377Date - 09/08/2012

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008Re. 1/- per pageVOL - XLI Aizawl, Thursday 9.8.2012 Sravana 18, S.E. 1934, Issue No. 377NOTIFICATIONNo.H.12018/136/2004-LJD, the 2nd August, 2012. The following Act is hereby published for general information. The Mizoram Societies Registration (Amendment) Act, 2012 (Act No. 11 of 2012) {Received the assent of the Governor of Mizoram on the 30th July, 2012} Zahming thang a Ralte, Deputy Secretary to the Govt. of Mizoram. THE MIZORAM SOCIETIES REGISTRATION (AMENDMENT ACT, 2012 AN ACT further to amend the Mizoram Societies Registration Act, 2005 (Act No.13 of 2005) (hereinafter referred to as the Principal Act) and to provide for the matters connected therewith or incidental thereto. It is enacted in the Sixty-third Year of the Republic of India, as follows :- 1.Short title, extent and commencement- (a)This Act may be called the Mizoram Societies Registration (Amendment) Act 2012. (b)It shall extend to the whole of Mizoram. (c)It shal come into force from the date of publication in the official Gazette. 2.Insertion of Section 8A- 1)In the principal Act, after Section 8 new section shall be added as follows: “8A.-Suspension of Registration:-(1) When, in the opinion of the Registrar, any society to whom a certificate of registration is granted- (a)pesistently makes default or is negligent in the performance of the duties imposed on it by or under this Act, or under any rules, regulations or byelaws of the society or under any lawful order passed by the State Government or the Registrar, as the case may be, or is un-willing malafide to perform such duties; or (b)commits acts which are prejudicial to the interest of the society or its members; or (c)is otherwise not functioning properly; the Registrar may, by order in writing, suspend the certificate of registration of such society for a specified period not exceeding three months in the first instance. Pr ovided tha t no su ch order of suspension sha ll be issued by the Registrar, unless r easonable opportunities have been given to such society to defend itself or to explain its fault, within such time and in such manner as may be prescribed. (2)On suspension of its certificate of Registration, the society shall surrender the original Certificate of Registration to the Registrar and the Registrar shall then keep the Certificate of Registration in his official custody till suspension of registration is withdrawn. (3)On furnishing evidence of lawful management of the society, the suspension may be revoked if, in the opinion of the Registrar the society is qaualified to continue with its registration and is likely to function in conformity to the provisions of the Act, and in that case, the Certificate of Registration shall be restored back on an application made by the society. (4)If the certificate of registration of a society is suspended or if the suspension is withdrawn, the information will be made public through publication in Official Gazette and display of notice to this effect in local Newspapers.” 3.Insertion of section 23A and 23B- In the principal Act, after section 23, new sections shall be added as follows, namely- “23A. Cancellation of registration- (1)Subject to the provisions of this Act and the rules made thereunder, the Registrar may, by an order in writing, cancel the registration of any Society on any of the following grounds:- (a)that the society has willfully contravened any of the provisions of this Act or the rules made ther eunder; (b)that the society has not been managing its affairs bonafide or has not been functioning at all for a consecutive period of three years; (c)that the society has not file its annual report and other returns as per section 18 of the Act for three years continuously; (d)that the society has been carrying on any unlawful activit y or has allowed any unlawful activity to be carried on within any premises under its control or possession; (e)that the registration or copy of the certificate has been obtained by misrepresentation or fraud; (f)that its activities or proposals have been or are subversive of the very objects of the Ex-377/20122 society, or of the national integrity, or opposed to public policy; (g) the the society has been dissolved without any knowledge of the Registrar, or contrary to the porvisions of this Act and the rules made thereunder; (h) that the number of members has fallen less than seven; (i)that the society is unable to pay its debts or meet its liabilities; (j)that the society is insolvent or is about to be declared; (k) that the siciety has altered or changed its name or objects unilaterally and contrary to the same as registered. after giving in such manner, as he thinks fit,previous notice in writing to the society specifying briefly the grounds of the proposed cansellation and after giving an opportunity to the society to show cause why the cancellation should not be made, and thereafter communicate the order of cancellation, as soon as it is made, to the society by registered post with acknowledgement due. Explanation : “Public Policy” referred to in clause (f) of sub-section (1) of Section 23A is not the policy of a particular government. It connotes some matter which concerns the public good and the public interest. The principles governing public policy must be and are capable, on proper occasion, of expansion or modification. If there is no head of public policy which covers a case, then the court must in consonance with public conscience and in keeping with public good and public interest declare such practice to be opposed to public policy. Above all, in deciding any case which may not be covered by authority, courts should be guided by the Preamble to the Constitution and the principles underlying the Fundamental Rights and the Directive Principles. (2)An appeal against an order made under sub-section (1) may be preferred to the Secretary, Taxation Department within one month from the date of passing of such order, and in the manner as may be pr escr ibed. 2 3B . Winding-up of society- (1)Where the registration of a society is cancelled, the Registrar may appoint a liquidator to wind up the society, if the society has not already wound up, within such period as may be pr escr ibed. (2)The liquidator shall have power, subject to the control of the Registrar,:- (a)to institute or defend any action or other legal proceeding on behalf of the society by the name of his office; (b)to determine by what persons and in what proportions the cost of the liquidation are to be born; and (c)to give such directions in regard to the collection and distribution of the assets of the registered society as may appear to him to be necessary for winding-up the affairs of the society. (3)An appeal against any order made under sub-section (2) may be preferred to the Secretary, Taxation Department within one month from the date of passing such order, and in the manners as may be prescribed. (4)An order made under this section may, on application, be enforced by any civil court having local jurisdiction in the same manner as a decree of such court”.Ex-377/2012 3 4.Amendment of Section 24.- In the principal Act, in sub-section (1) of section 24, for the words “move the Court for dissolution of the society” appearing after the words “the Registrar to”, the words “dissolve the society” shall be substituted. 5.Insertion of Section 24A- In the Principal Act, after section 24 new section shall be added as follows: “ 2 4 A. Appointment of Administrator- (1)(a)Where any seciety on account of the pendency of litigation or otherwise has not held or is unable to hold the annual general meeting for a period of three consecutive years; or (b)Where the term of office of the members of the governing body of a society has expired and a new governing body has not for any reason been constituted within a reasonable time as provided in the Bye-law or the Rules of such society; (c)Where on a report made by the Registrar, or otherwise on enquiry, the State Government considers it necessary in public interest to do so; the State Government may, by order published in the Official Gazette, appoint an Administrator for such society for such period, not exceeding six months, as may be specified in the order, to manage the affairs of the society: Provided that for reasons to be recorded in writing, the State Government may, by like order, extend either prospectively or retrospectively, the said period by any further periods not exceeding six months at a time, so however subject to the provisions of clause (5) in particular, the aggregate period shall not extend beyond four years. (2)The expenditure incurred by the State Government towards salary and allowances of the Administrator shall be recovered by the State Government from the funds of the society. (3)On the appointment of the Administrator under clause (1) and during the period of such appointment, the governing body of the society shall cease to exercise any powers or to perform and discharge any functions or duties conferred or imposed on it by this Act, or its memorandum of association or the rules and regulations or any other law applicable to such Society, and subject to any directions which the State Government, may from time to time issue, all such functions or duties shall be performed or discharged by the Administrator. (4)The Administrator shall, before the expiry of the period of his appointment, take necessary action to convene the general body meeting of the society and hold elections for the constitution of the governing b od y. (5)If the Administrator is not, for reasons beyond his control, able to convene the general body meeting or inspite of such meeting being convened, the general body fails to elect the governing body, the Adminstrator shall forthwith send report to the State Government, who may pass such orders as are considered necessary, either extending the period of appointment of the Administrator for a further period, or if satisfied that public interest so requires, by recommending for the dissolution of the s o c i e t y. (6)The State Government may, if it thinks fit, appoint an Advisory Council to advise and assist the administrator appointed under sub-section(1) in the exercise of the powers and in due discharge of the duties and functions conferred or imposed on him under this Act. The members of the Advisory Council shall hold office during the pleasure of the State Government. Ex-377/20124 (7)Where an order of dissolution is passed under clause (5), the assets of the society shall vest in, and the liabilities shall devolve on the State Government”. 6.Amendment of Section 25.- In the principal Act, in sub-section (6) of section 25, the words “but shall make an application to the court under section 26” appearing after the words “confirming the dissolution of the society” shall be deleted. 7.Deletion of Section 26- Section 26 of the Principal Act shall stand deleted. 8.Amendment of Section 27.- In the principal Act, in sub-section (2) of section 27, for the words “move the court under section 26 for making an order for the dissolution of the society” the words “by an order in writing, dissolve the society” shall be substituted. 9.Amendment of Section 28- In the principal Act, in sub-section (2) of section 28, for the words and figure “in the case of a dissolution under section 26, by the court”, the words and figure “in the case of a dissolution under section 27, by the Registrar” shall be substituted. 10.Amendment of section 35- (1)In sub-section (1) of section 35 of the Principal Act, after the words ‘he shall’ the following words, namely - ‘on conviction’ shall be deleted and for the word ‘conviction’ appearing after the words ‘after the first’, the word ‘default’ shall be substituted. (2)In sub-section (2) of section 35 of the Principal Act, after the words ‘he shall.’ the following words, namely - ‘on conviction’ shall be deleted. 11.Amendment of Section 37- The explanation as it is existing in section 37 of the Principal Act shall stand entirely deleted. 12.Amendment of Section 40- Sub-section (2) of section 40 of the Principal Act shall begin with the following clause, na mely- “Notwithstanding such repeal” and shall be added to the existing words “any society registered.”Ex-377/2012 5 Published and Issued by the Controller, Printing & Stationery, Mizoram Printed at th e Mizoram Govt. Press, Aizawl. C-500.

The Damodar Valley Corporation (Amendment) Act, 2011 (Act No. 1 of 2012)

VOL - XLIISSUE - 378Date - 09/08/2012

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008Re. 1/- per pageVOL - XLI Aizawl, Thursday 9.8.2012 Sravana 18, S.E. 1934, Issue No. 378NOTIFICATIONNo.H.12017/55/2012-LJD, the 2nd .August, 2011. The following Central Act is hereby re-published for general information. The Damodar Valley Corporation (Amendment) Act, 2011 (Act No. 1 of 2012) Zahming thang a Ralte, Deputy Secretary to the Govt. of Mizoram. THE DAMODAR VALLEY CORPORATION (AMENDMENT) ACT, 2011. AN ACT further to amend the Damodar Valley Corporation Act, 1984. BE it enacted by Parliament in the Sixty-second Year of the Republic of India as follows:- 1. (1) T his Act may be called the Damodar Valley Corporation (Amendment) Act, 2011. (2) It shall come into force on such date as the Central Government may, by notification in the Gazette, appoint. 2. In section 4 of the Damodar Valley Corporation Act, 1984 (hereinafter feferred to as the principal Act), for sub-section (1), the following sub-sections shall be substituted, namely:- “(1) The Corporation shall consist of- (a) a Chairman; (b) a member (technical) and a member (finance);Short title and commencement Amendment of Section 4. 14 of 1948 (c) one representative from the Central Government; (d) two representatives one each from the State Governments of Jharkhand and West Bengal; (e) three independent experts one each from the field of irrigation, water supply and generation or transmission or distribution of electricity, and (f) a Member-Secretary (1A) The Chairman and members under clauses (a), (b), (d) and (f) of sub-section (1) shall be appointed by the Central Government in consultation with the State Governments concerned while the members under clauses (c) and (e) shall be appointed by the Central Government, by notification in the official Gazette. (IB) The Chairman and members under clauses (a), (b) and (f) of sub-section (1) shall be whole-time while the members under clauses (c) (d) and (e) shall be part-time. (IC ) The Cha ir man sha ll be the Chief Executive Officer of the Corporation. (ID) Without prejudice to the provisions contained in sub- section (IC), the Member-Secreta ry shall be in charge of general administration and business development of the Corporation.” 3. In section 6 of the principal Act, sub-sections (1) and (2) shall be omitted. 4. In section 7 of the principal Act, clause (a) shall be omitted. 5. For section 8 of the principal Act, the following section shall be substituted, namely:- “8. The functions and duties of the members shall be such as may be prescribed.”. 6. In section 44 of the principal Act, in sub-section (1), for the words “financial adviser” the words and brackets “member (finance)’ shall be substituted. 7. In section 59 of the principal Act,- (a) in s u b-s ect ion ( 1 ), the wor ds “ t he s ecr et a r y a nd t he fina ncia l adviser” shall be omitted; (b) in sub-section (2), for teh words “financial adviser”, the word “members” shall be substituted. Amendment of section 6. Amendment of section 7. Substitution of new section for section 8 Functions and duties of members Amendment of section 44. Amendment of section 59. Ex-378/20122 Published and Issued by the Controller, Printing & Stationery, Mizoram Printed at th e Mizoram Govt. Press, Aizawl. C-500.

The Constitution (Scheduled Tribes) Order (Amendment) Act, 2011 (Act No. 2 of 2012)

VOL - XLIISSUE - 379Date - 09/08/2012

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008Re. 1/- per pageVOL - XLI Aizawl, Thursday 9.8.2012 Sravana 18, S.E. 1934, Issue No. 379NOTIFICATIONNo.H.12017/55/2012-LJD, the 2nd August, 2012. The following Central Act is hereby re-published for general information. The Constitution (Scheduled Tribes) Order (Amendment) Act, 2011 (Act No. 2 of 2012) Zahming thang a Ralte, Deputy Secretary to the Govt. of Mizoram. THE CONSTITUTION (SCHEDULED TRIBES) ORDER (AMENDMENT) ACT, 2011 AN ACT further to amend the Constitution (Scheduled Tribes) Order, 1950 to modify the list of Scheduled Tribes in the State of Manipur and Arunachal Pradesh. BE it enacted by Parliament in the Sixty-second Year of the Republic of India as follows:- 1. This Act may be called the Constitution (Scheduled Tribes) Order (Amendment) Act, 2011. 2. In the Schedule to the Constitution (Scheduled Tribes) Order, 1950,- (a) in PART X. - Manipur,- (i) for entry 8, substitute- “8 Kabui, Inpui, Rongmei”; (ii) for entry 9, substitute- “9 Kacha Naga, Liangmai, Zeme”;Short title. Amendment of Parts X and XVIII of Constitution (Scheduled (Tribes) Order, 1950. C.O. 22. (iii) for entry 10, substitute- “10, Koirao, Thangal”; (iv) after entry 33, insert- “34. Mate”; (b) in PART XVIII.- Arunachal Pradesh,- for entry 5, substitute- “5. Galo”. Ex-379/20122 Published and Issued by the Controller, Printing & Stationery, Mizoram Printed at th e Mizoram Govt. Press, Aizawl. C-500.

The Chartered Accountants (Amendment) Act, 2011 (Act No. 3 of 2012)

VOL - XLIISSUE - 380Date - 09/08/2012

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008Re. 1/- per pageVOL - XLI Aizawl, Thursday 9.8.2012 Sravana 18, S.E. 1934, Issue No. 380NOTIFICATIONNo.H.12017/55/2012-LJD, the 2nd August, 2012. The following Central Act is hereby re-published for general information. The Chartered Accountants (Amendment) Act, 2011 (Act No. 3 of 2012) Zahming thang a Ralte, Deputy Secretary to the Govt. of Mizoram. THE CHARTERED ACCOUNTANTS (AMENDMENT) A CT, 20 11 AN ACT further to amend the Chartered Accountants Act, 1949. BE it enacted by Parliament in the Sixty-second Year of the Republic of India as follows:- 1.(1) This Act may be called the Chartered Accountants (Amendment) Act, 2011. (2) It shall come into force on such date as the Central Government may, by notification in the official Gazette, appoint. 2.In the Chartered Accountants Act, 1949 (hereinafter referred to as the principal Act), in section 2,- (i) in sub-section (1),- (a) after clause (c), the following clause shall be inserted, namely:- ‘(ca) “firm” shall have the meaning assigned to it in section 4 of the Indian Partnership Act, 1932, and includes,-Short title and commencement. Amendment of section 2. 38 of 1949 9 of 1932. Ex-380/20122 Published and Issued by the Controller, Printing & Stationery, Mizoram Printed at th e Mizoram Govt. Press, Aizawl. C-500.(i) the limited liability partnership as defined in clause (n) of sub-section (1) of section 2 of the Limited Liability Partnership Act, 2008; or (ii) the sole proprietorship, registered with the Institute;’; (b) after clause (ea), the following clauses shall b e inserted, namely:- ‘(eb) “partner” shall have the meaning assigned to it in section 4 of the Indian Partnership Act, 1932 or in clause (q) of sub-section (1) of section 2 of the Limited Liability Partnership Act, 2008, as the case may be; (ec) “partnership” means- (A) a partnership as defined in section 4 of the Indian Partnership Act, 1932; or (B) a limited liability partnership which has no company as its partner;’; (c) after clause (ha), the following clause shall be inserted, namely:- ‘(haa ) “sole pr opr ietor ship” means an individua l who engages himself in the practice of accountancy or offers to perform services referred to in clauses (ii) to (iv) of sub-section (2);’; (ii) in sub-section (2),- (a) after the words “chartered accountants in practice”, the words “or in partnership with members of such other recognised professions as may be prescribed” shall be inserted; (b) in theExplanation, for the words “ a firm of such chartered accountants”, the words “a firm of such chartered accountants or fir m consisting of one or more chartered accountants and members of any professional body having prescribed qualifications” shall be substituted. 3. In section 25 of the principal Act, in sub-section (1), the following Explanation shall be inserted, namely:- ‘Explanation.- For the removal of doubts, it is hereby declared that the “company” shall include any limited liability partnership which has company as its partner for the purposes of this section.’. 6 of 2009 9 of 1932 6 of 2009 9 of 1932 Amendment of section 25.

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