Himachal Pradesh State Electricity Distribution Management Responsibility Act, 2014
No: 5 Dated: Jan, 22 2015
THE HIMACHAL PRADESH ELECTRICITY DISTRIBUTION MANAGEMENT RESPONSIBILITY ACT, 2014
(ACT NO. 5 OF 2015)
An Act to provide for responsibilities of the State Government to ensure financial and operational turn-around and long-term sustainability of the State-owned Distribution Licensee to enable adequate electricity supply to consumers through financial restructuring, support on sustainable basis in the areas of long term planning, corporate governance, regulatory compliances, and laying down of policy directives and various other measures connected therewith or incidental thereto.
BE it enacted by the Legislative Assembly of Himachal Pradesh in the Sixty-fifth Year of the Republic of India as follows:-
1. Short title, applicability, extent and commencement.- (1) This Act may be called the Himachal Pradesh State Electricity Distribution Management Responsibility Act, 2014.
(2) The provisions of this Act shall, in accordance with the objectives of the Financial Restructuring Plan, apply to the State Distribution Licensee owned by the State Government or the Board or the Department under the State Government engaged in distribution of electricity.
(3) It extends to the State of Himachal Pradesh.
(4) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.
2. Definitions.- (1) In this Act, unless the context otherwise requires–
(a) “Action Plan” shall have the meaning assigned to it in section 3 of this Act;
(b) “Aggregate Technical and Commercial Loss” or “AT& C Loss” means the difference between the energy input into the distribution system and the energy realised wherein the energy realised shall be equal to the product of energy billed and collection efficiency;
(c) “Authority” means the Central Electricity Authority referred to in sub- section (1) of section 70 of the Electricity Act;
(d) “Board” shall have the meaning assigned to it under the Electricity Act, 2003;
(e) “Collection efficiency” means the ratio of total revenue realized to the total revenue billed for the same year;
(f) “Electricity Act” means the Electricity Act, 2003 as in force;
(g) “fiscal responsibility and budget management limit” means limit imposed on State Government borrowings from Central Government under the statute relating to fiscal responsibility and budget management of the State, as may be in force from time to time;
(h) “Financial Restructuring Plan or “FRP” means a plan for financial restructuring of the Distribution Licensee as notified by the State Government in accordance with the provisions of the Financial Restructuring Scheme notified by the Central Government in terms of Office Memorandum No. 20/11/2012-APDRP, dated 5th October, 2012;
(i) “Key Performance Indicators (KPIs)” means the performance standards laid by the State Commission, if any, and/or in the Financial Restructuring Plan, if any, and till such time the KPIs are laid down, the KPIs as provided for in the Schedule to this Act;
(j) “Nodal Bank” means the bank nominated by the Department of Financial Services, for the purposes of financial restructuring of the State Distribution Licensee and for the purposes of co-ordination with the State Government, State Distribution Licensee and the participating Lenders;
(k) “prescribed” means prescribed by rules made by the State Government under this Act;
(l) “Schedule” means Schedule appended to this Act;
(m) “State Commission’’ means the Himachal Pradesh Electricity Regulatory Commission constituted under section 82 of the Electricity Act, 2003 (36 of 2003);
(n) “State Distribution Licensee” or “Distribution Licensee” means the Himachal Pradesh State Electricity Board Ltd. constituted under sub-section (1) of section 5 of the Electricity (Supply) Act, 1948 (54 of 1948) or the Government Company or the Department under the State Government engaged in distribution of electricity; and
(o) “State Government” means the Government of Himachal Pradesh.
(2) All other words in this Act, not expressly defined herein, shall have the meanings assigned thereto under the Financial Restructuring Plan, the Electricity Act, 2003, or notifications, rules, and regulations made thereunder.