
 State of Chattisgarh - Act
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 Chhattisgarh State Electricity Regulatory Commission (Fees and Charges) Regulations, 2004
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 CHHATTISGARH
   
 India
 
 Chhattisgarh State Electricity Regulatory Commission (Fees and Charges) Regulations, 2004
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 Rule CHHATTISGARH-STATE-ELECTRICITY-REGULATORY-COMMISSION-FEES-AND-CHARGES-REGULATIONS-2004 of 2004
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* Published on 16 February 2005
* Commenced on 16 February 2005
 Chhattisgarh State Electricity Regulatory Commission (Fees and Charges) Regulations, 2004
 
 Published vide Notification No. 5/CSERC/Regulation 5/2004, dated 16.02.2005
 
 Last Updated 19th October, 2019
 
 Notification No. 5/CSERC/Regulation 5/2004. - In exercise of the powers conferred on it by clause (g)  of sub-section (1) of Section 86 read with Section 181(1) of the Electricity Act, 2003, the Chhattisgarh State Electricity Regulatory Commission hereby makes the regulations namely Chhattisgarh State Electricity Regulatory Commission (Fees and Charges) Regulations, 2004 (No. 5 of 2004).
 
### 1. Short title, commencement and extent.
(1) These regulations may be called the "Chhattisgarh State Electricity Regulatory Commission (Fees and Charges) Regulations, 2004".
 
(2) These regulations shall come into force from the date of their publication in the Chhattisgarh Rajpatra.
 
(3) These regulations extend to whole of the State of Chhattisgarh.
 
(4) These regulations shall apply to all matters within the jurisdiction of the Commission, including all applications/petitions pending before the Commission at the date of publication and all applications/petitions disposed by the Commission prior to publication and for which a provisional fee or charge was paid or was to be paid by the applicant.
 
### 2. Definitions.
(1) In these regulations, unless the context otherwise requires :
 
(a) "Central Act" means the Electricity Act, 2003 (36 of 2003)
 
(b) "Commission" means the Chhattisgarh State Electricity Regulatory Commission.
 
(c) "Fees" means fees mentioned in Schedule I.
 
(d) "Fines and/or charges" refers to fines and/or charges that Commission is empowered to impose under the Central Act.
 
(e) "Fund" means the fund constituted under Section 103 of the Central Act.
 
(2) Words or expressions used herein and not defined shall have the meanings respectively assigned to them in the Central Act and/or CSERC (Conduct of Business) Regulations, 2004.
 
### 3. Fees on application/petition.
(1) Every application/petition made to the Commission shall be accompanied by fees or charges specified in Schedule 1 to these regulations.
 
(2) The fees or charges payable under these regulations shall be paid by means of bank draft or pay order, drawn in favour of the 'Chhattisgarh State Electricity Regulatory Commission', payable at Raipur or may be paid in cash in case the amount does not exceed rupees one thousand.
 
(3) The fees or charges received by the Commission under these regulations shall be deposited in the bank account of the Fund :
 
 Provided that until such time as the Fund is established, the fee or charge received in accordance with these regulations shall be deposited in the designated bank account of the Commission.
 
 Provided further that the Commission shall be entitled to utilize the amount deposited in the bank as above unless the State Government through a notification under Section 103 of the Central Act specifies otherwise.
 
### 4. Procedure for recovery of penalty/fine.
(1) Any penalty ordered by the Commission under Section 142 and Section 146 of the Central Act or by the adjudicating officer under Section 143 of the Central Act shall be paid within thirty (30) days of the order of the Commission or the adjudicating officer, or within such extended time as may be allowed by the Commission or such adjudicating officer, as the case may be.
 
(2) The penalty/fine shall be payable and the amount shall be deposited in the same manner as provided under Regulation 3(2) of these regulations.
 
### 5. Fees payable on the grant of license.
(1) Fees as per Schedule 1 of these regulations shall be payable upon the grant of any new licence under Section 14 of the Central Act.
 
(2) All existing/deemed licensees shall pay the annual fee for the financial year 2004-05 onwards as specified in the Schedule 1 and shall not be required to pay any initial fee.
 
(3) All annual fees commencing from the financial year 2005-06 shall be paid by 15th April each year provided that the annual fee for the financial year 2004-05 shall be paid for six months i.e. at half the rate, and within-30 days from the publication of these regulations in the Chhattisgarh Rajpatra.
 
(4) In case of late payment of annual fee, interest will be payable on the delayed amount at the rate of 1% per month.
 
### 6. Inclusion in tariff.
 - The licensee shall be entitled to take into account any fee or charge paid by it under these regulations as an expense in the determination of tariff.
 
### 7. Power to amend.
 - The Commission may, at any time, vary, alter, modify or amend any of the provisions of these regulations.
 
### 8. Power to remove difficulties.
 - If any difficulty arises in giving effect to the provisions of these regulations, the Commission may, by general or specific order, direct the licensee to take suitable action, not inconsistent with the provisions of the Central Act, as may appear to be necessary for removing the difficulty.
 
 Note. - In case of any difference in the interpretation or understanding of the provisions of the Hindi version of these Regulations with those of the English version (the original version), the latter will prevail and in case of any dispute in this regard, the decision of the Commission shall be final and binding.
 
 I
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 Fee and Charges
 
|  |  |  |
| --- | --- | --- |
| 
 S. No.
  | 
 Description
  | 
 Fees/Charges
  |
| 
 1.
  | 
 Adjudication of dispute regarding availability
 
 of transmission facility under the second proviso to sub-section
 
 (2)  of Section 9 under the Central Act, to be paid by the person
 
 who has referred such dispute to the Commission.
  | 
 Rs. 10,000 for the first one MW of transmission
 
 capacity sought and Rs. 1,000 per MW thereafter, subject to a
 
 maximum of Rs. 1,00,000
  |
| 
 2.
  | 
 Petition for grant of exemption form license or
 
 review petition under Section 13 of the Central Act.
  | 
 Fees as may be specified at the time of filing
 
 application/petition subject to minimum of Rs. 5,000
  |
| 
 3.
  | 
 Annual fee for the licensee/deemed licensee who
 
 has taken exemption from license under Section 13 of the Central
 
 Act.
  | 
 Fees as may be specified at the time of filing
 
 petition, subject to a minimum of Rs. 5,000
  |
| 
 4.
  | 
 License fee on the grant of licence under
 
 Section 14 of the Central Act -
 
 (a)  to transmit
 
 electricity as a transmission licensee;
 
 (b)  to distribute
 
 electricity as a distribution licensee, and
 
 (c)  to undertake trading as an electricity
 
 trader
  | 
 (a)  Rs. 5,00,000
 
 (b)  Rs. 5,00,000
 
 (c)  Rs. 5,00,000
  |
| 
 5.
  | 
 Annual licence fees for :
 
 (a)  Transmission licence
 
 (b)  Distribution licence
 
 (c)  Trading licence
 
 Note :
 
 (i)  The annual
 
 licence fee shall be payable in advance, at the commencement of
 
 the financial year.
 
 (ii)  In the case of a
 
 Transmission Licence, the annual licence fee shall be calculated
 
 based on the approved/ estimated aggregate quantum of
 
 transmission capacity contracts for the ensuing financial year.
 
 (iii)  In the case of
 
 a Distribution Licence and a Trading Licence, the annual licence
 
 fee shall be calculated based on the approved/estimated revenue
 
 from the sale of electricity for the ensuing financial year.
 
 (iv)  Where the actual
 
 transmission capacity contracted or actual revenue from the sale
 
 of electricity, as the case may be, differs from the
 
 approved/estimated level used for the purpose of these
 
 regulations, the excess or shortfall in licence fee, calculated
 
 based on the actual transmission capacity contracts or actual
 
 revenue, as the case may be, shall be adjusted against the annual
 
 licence fee for the following year.
 
 (v)  In the case of Chhattisgarh State
 
 Electricity Board which so long as it continues to function as
 
 the State transmission utility and licensee as per the provisions
 
 of Section 172 (a)  of Central Act, it has to pay annual licence
 
 fee in advance at the commencement of the financial year, as per
 
 the rate as mentioned against (b)  above (for Distribution
 
 license).
  | 
 (a)  Rs. 1,000 per MW of transmission capacity
 
 contracts in force during the year or part thereof, subject to a
 
 minimum of Rs. 1,00,000 and maximum of Rs. 10,00,000
 
 (b)  0.03 per cent of revenues from the sale of
 
 electricity.
 
 (c)  0.03 per cent of revenues from the sale of
 
 electricity.
  |
| 
 6.
  | 
 Application seeking prior approval under Section
 
 17 of the Central Act
  | 
 0.01 per cent of the value of the transactions
 
 for which approval is sought, subject to a minimum of Rs.
 
 2,00,000 and maximum of Rs. 15,00,000
  |
| 
 7.
  | 
 Application for
 
 amendment of licence under Section 18 of the Central Act
 
 (a)  by licensee
 
 (b)  by any person other than a licensee
  | 
 (a)  Rs. 1,00,000
 
 (b)  Rs. 50,000
  |
| 
 8.
  | 
 Application for
 
 revocation of licence under subsection (2)  of Section 19 of the
 
 Central Act
 
 (a)  by licensee
 
 (b)  by any person other than a licensee
  | 
 (a)  Rs. 5,00,000
 
 (b)  Rs. 1,00,000
  |
| 
 9.
  | 
 (a)  Application under
 
 Section 35 of the Central Act for seeking the use of intervening
 
 transmission facilities
 
 (b)  Adjudication of dispute regarding extent of
 
 surplus capacity under the proviso to Section 35 of the Central
 
 Act
  | 
 (a)  Rs. 50,000
 
 (b)  Rs. 5,00,000
  |
| 
 10.
  | 
 Application for determination of rates, charges,
 
 terms and conditions under proviso to subsection (1)  of Section
 
 36 of the Central Act
  | 
 Rs. 2,50,000
  |
| 
 11.
  | 
 Adjudication of
 
 disputes regarding provision of non-discriminatory open access
 
 under Section 40 of the Central Act and regulations specified
 
 thereunder, not covered above :
 
 (a)  referred by a
 
 licensee or by a generating company
 
 (b)  referred by a
 
 person who has constructed and maintains and operates a Captive
 
 Generating Plant
 
 (c)  referred by a consumer
  | 
 (a)  Rs. 5,00,000
 
 (b)  Rs. 25,000
 
 (c)  Rs. 5,000
  |
| 
 12.
  | 
 Adjudication of disputes regarding provision of
 
 non-discriminatory open access under sub-section (2) , (3) and (4)
 
 of Section 42 of the Central Act and regulations specified
 
 thereunder ;
 
 (a)  referred by a licensee or by a Generating
 
 Company, other than a Generating Company referred to in 13(a) (ii)
 
 below
 
 (b)  referred to a Generating Company directly
 
 connected to the distribution system of a Distribution Licensee
 
 or by person who has constructed, maintains and operates a
 
 Captive Generating Plant.
 
 (c)  referred by consumer
  | 
 (a)  Rs. 5,00,000
 
 (b)  Rs. 25,000
 
 (c)  Rs. 5,000
  |
| 
 13.
  | 
 (a)  Determination of tariff under the provisions
 
 of clause (a)  of sub-section (1) of Section 62, for supply of
 
 electricity by a generating company to a distribution licensee
 
 (i)  Conventional fuel based (coal, oil etc.)
 
 plant
 
 (ii)  Non-conventional & Renewable Sources of
 
 Energy, including co-generation.
 
 (b)  Annual/base year determination of tariff for
 
 transmission of electricity under the provisions of clause (b)  of
 
 sub-section (1)  of Section 62.
 
 Note :Fees are payable whether such
 
 determination is upon application by the licensee or by any other
 
 person or suo moto determination by the Commission.
 
 (c)  Annual/base year determination of tariff for
 
 retail sale of electricity under the provisions of clause (d)  of
 
 sub-section (1)  of Section 62.
 
 Note:Fees are payable whether such
 
 determination is upon application by the Licensee or by any other
 
 person or suo moto determination by the Commission.
 
 (d)  Annual/base year determination of tariff for
 
 integrated utility/deemed licence,
 
 Note:Fees are payable whether such
 
 determination is upon application by the licensee or by any other
 
 person or suo moto determination by the Commission.
  | 
 (i)  Rs. 5,00,000 for capacity upto 100 MW.
 
 (ii)  Rs. 1,00,000 upto 10 MW Rs. 2,000 for
 
 additional MW or part thereof capacity.
 
 (b)  Rs. 10,00,000.
 
 (c)  Rs. 10,00,000
 
 (d)  Rs. 25,00,000
  |
| 
 14.
  | 
 Petition/application for approval of process or
 
 price for power purchase or procurement by distribution licensee,
 
 finalization of power purchase agreement.
 
 (a)  Conventional fuel based (coal, oil etc.)
 
 plant.
 
 (b)  Non conventional and Renewable Sources of
 
 energy.
  | 
 (a)  Rs. 5,000 per MW (minimum Rs. 50,000 and
 
 maximum of Rs. 10,00,000)
 
 (b)  50% of the above.
  |
| 
 15.
  | 
 Application for determination of variable cost
 
 adjustment (VCA)  charges.
  | 
 Rs. 50,000
  |
| 
 16.
  | 
 (a)  Application for review of Tariff Order or
 
 power purchase agreement or power procurement rate by licensee.
 
 (b)  Application by an institution/association/
 
 company for review of Tariff Order or power purchase agreement or
 
 power procurement rate.
 
 (c)  Application by an individual consumer for
 
 review of Tariff Order or power purchase agreement or power
 
 procurement rate.
  | 
 (a)  10 per cent of the fees paid at the time of
 
 the original application for determination of tariff.
 
 (b)  Rs. 25,000
 
 (c)  Rs. 10,000
  |
| 
 17.
  | 
 Application for approval of the schedule of
 
 charges of a Distribution Licensee under Section 45 and Section
 
 46 of the Central Act.
  | 
 Rs. 1,00,000
  |
| 
 18.
  | 
 Disputes arising under Sub-section (4)  & (5)
 
 of Section 67 of the Central Act (opening up of streets, railway
 
 etc.)
  | 
 Rs. 10,000
  |
| 
 19.
  | 
 Adjudication under clause (f)  of sub-section (1)
 
 of section 86 of Central Act of disputes between licensees and
 
 generating companies and between licensees themselves, not
 
 covered elsewhere in this schedule
  | 
 Rs. 5,00,000
  |
| 
 20.
  | 
 Application for review of order passed under
 
 clause (0 of sub-section (1)  of Section 86 of the Central Act.
  | 
 Rs. 50,000
  |
| 
 21.
  | 
 Interlocutory application
  | 
 Rs. 5,000
  |
| 
 22.
  | 
 Appeal against the decision of Chief Electrical
 
 Inspector
  | 
 Rs. 5,000
  |
| 
 23.
  | 
 Application for review of orders of Commission
 
 not covered elsewhere in this schedule.
  | 
 Rs. 10,000
  |
| 
 24.
  | 
 Application for inspection of orders/records of
 
 the Commission
  | 
 Rs. 100 per case
  |
| 
 25.
  | 
 Supply of copies of documents/order of the
 
 Commission
  | 
 Rs. 2 per page
  |
| 
 26.
  | 
 Miscellaneous applications i.e. application not
 
 covered elsewhere in this schedule
 
 (a)  Applications by licensees
 
 (b)  Applications by consumers other than
 
 individuals
 
 (c)  Applications by individual consumers and
 
 others
  | 
 (a)  Rs. 10,000
 
 (b)  Rs. 250
 
 (c)  Rs. 100
  |

