In these regulations, unless the context otherwise requires, -
(1) “Act” means the Electricity Act, 2003 (Act No. 36 of 2003);
(2) “accounting statement” means for each financial year, accounting statements for the licensed business comprising a profit and loss account, a balance sheet and a statement of sources and application of funds, together with notes thereto as detailed under the Companies Act, 1956 (1 of 1956) and such other particulars and details in the manner as the Commission may direct from time to time. If the trading licensee engages in any business or activity in addition to the licensed business, the accounting statements shall comply with the regulations of the Commission dealing with the treatment of other business of the trading licensee and show separately the amounts of any revenue, cost, asset, liability, reserve or provision, which has been either, -
(a) charged from the licensed business to any other business or vice- versa together with a description of the basis of that charge; or
(b) determined by apportionment or allocation between the licensed business and any other business of the distribution licensee together with a description of the basis of the apportionment or allocation;
(3) “annual accounts” means the accounts of the trading licensee prepared in accordance with the provisions of the Companies Act, 1956 (1 of 1956) and/or in such other manner as may be directed by the Commission in terms of the provisions of the Act;
1 Published in the R.H.P. Extra) dated 11 th June, 2004 at pages 777-788.
2 Compendium of HPERC Regulations, March 2021
(4) “area of activity” means the area of activity stated in the trading licence within which the trading licensee is authorised to trade;
(5) “auditors” means the trading licensee’s auditors holding office in accordance with the requirements of sections 224 to 234A or section 619 as appropriate, of the Companies Act 1956 (1 of 1956);
(6) “authorised”, in relation to any person, business or activity, means authorised by licence granted under section 14 of the Act or deemed to be granted under the first, second, third and fifth provisos to section 14 of the Act or exemption granted under section 13 of the Act and the regulations of the Commission;
(7) “Commission” means the Himachal Pradesh Electricity Regulatory Commission;
(8) “deemed licensee” means a person authorised under the first, second, third, and fifth provisos to section 14 of the Act;
(9) “distribution” means the conveyance or wheeling of electricity by means of a distribution system;
(10) “distribution code” means the code governing all material technical aspects relating to connections to and the operation and use of the distribution system as specified by the Commission;
(11) “force majeure” means events beyond the reasonable control of the licensee, including, but not limited to earthquakes, cyclones, floods, storms, adverse weather conditions, war, terrorist attacks, civil commotion or other similar occurrences that leads to any act that would involve a breach of relevant laws or regulations concerned with electrical safety;
(12) “grid code” means the grid code specified by the Central Commission under clause (h) of sub-section (1) of section 79 of the Act and includes the State grid code specified by the State Commission under clause (h) of sub-section (1) of section 86 of the Act;
(13) “interim grid code” means the existing practices and procedures implemented by the State Transmission Utility pending the grid code is specified by the Commission.
(14) “licence” means the licence under section 14 of the Act under which the licensee is authorised to conduct the licensed business;
(15) “Licensed business” means the business of trading in electricity as authorised under the licence;
(16) “Other business” means business of the trading licensee other than the licensed business;
(17) “specific conditions” means the conditions in addition to or in variation of the general conditions which the Commission may lay down specifically for a trading licensee;
(18) “State” means the State of Himachal Pradesh;
Compendium of HPERC Regulations, March 2021 3
(19) “State Government” means the Government of the State of Himachal Pradesh;
(20) “trading business” means the authorised business of a trading licensee to transmit electricity, whether for its own account or for that of any other person, through any system owned and/ or operated by such licensee;
(21) “trading licence” means the licence under section 14 of the Act for undertaking trading and shall include deemed licence for the purpose;
(22) “trading licensee” means the entity, which has been granted a trading licence or is a deemed licensee under the first, second, third or fifth provisos to section 14 of the Act authorised to trade in electricity;
(23) “transfer” shall include the sale, exchange, gift, lease, licence, loan, securitisation, mortgage, charge, pledge or grant of any other encumbrance or otherwise permitting of any encumbrance to subsist or parting with physical possession or other disposition or dealing ; and
(24) the other words, terms and expressions used and not defined in these regulations, but defined in the Act shall have the meanings respectively as are assigned to them in the Act.