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State of Jammu-Kashmir - Section

Section 2 in Jammu and Kashmir State Electricity Regulatory Commission (Licensing) Regulations, 2013

2. Definitions.

(1)In these Regulations, unless the context otherwise requires:
(a)"Act" means the Jammu and Kashmir State Electricity Act, 2010 (Act No.XIII of 2010);
(b)"Applicant" means a person who has made an application under Section 15 of the Act to transmit electricity as a transmission licensee or distribute electricity as a distribution licensee or to undertake trading in electricity as an electricity trader;
(c)"Agreement" means the agreement entered into between the licensees including the agreements between generating companies and licensees/consumers and between distribution licensees and consumers;
(d)"Associate" , in relation to the applicant, includes a person Page 3 of 138
(i)who, directly or indirectly, by himself, or in combination with relatives, own or controls shares carrying not less than twenty percent of voting rights of the applicant; or
(ii)in respect of whom the applicant, directly or indirectly, by himself, or in combination with other person, owns or controls shares carrying not less than twenty percent of the voting rights; or
(iii)majority of the Directors of which, own or control shares carrying not less than twenty percent of the voting rights of the applicant; or
(iv)whose Director, officer or employee is also a director , officer or employee of the applicant;
(e)"Commission" means the Jammu and Kashmir State Electricity Regulatory Commission.
(f)"Conduct of Business Regulations" means the Jammu and Kashmir State Electricity Regulatory Commission (Conduct of Business) Regulations, 2005, as amended from time to time.
(g)"Consumer" means any person who is supplied with electricity for his/her own use by a licensee or the Government or by any other person engaged in the business of supplying electricity to the public under the Act or any other law for the time being in force and includes any person whose premises are for the time being connected for the purpose of receiving electricity with the works of a licensee, the Government or such other person, as the case may be;
(h)"Designated Officer" means an officer of the Commission designated for a specific purpose and shall include the Secretary;
(i)"distribution" means the conveyance of electricity by means of a Distribution System;
(j)"Economic offence" means an offence to which the Economic Offences (Inapplicability of Limitation) Act, 1974 (Central Act 12 of 1974), is applicable for the time being;
(k)"Fraud" has the same meaning as is assigned to it by section 17 of the J&K State Contract Act, Svt. 1977 (1920 AD) (Act No. 9 of 1977);
(l)"licence" means a licence granted under section 14 of the Act;
(m)"licensee" means a person who has been granted a licence under section 14 of the Act;
(n)"licensed business" means the business of transmission or distribution or trading in electricity in the area as authorised under the licence;
(o)"Net worth" means net worth as defined in the Companies Act, 1956 (1 of 1956) as amended from time to time, including re-enactment thereof;
(p)"other business" means any business of the licensee other than the licensed business for optimum utilisation of its assets;
(q)"Relative" means a relative as defined in section 6 of the Companies Act, 1956 (1 of 1956);
(r)"Secretary" means the Secretary of the Jammu and Kashmir State Electricity Regulatory Commission;
(s)"State Load Despatch Centre" means the centre established under subsection (1) of section 26;
(t)"trading" means purchase of electricity for resale thereof and the expression "trade" shall be construed accordingly;
(u)"transmit" means conveyance of electricity by means of transmission lines and the expression "transmission" shall be construed accordingly;
(2)Words or expressions occurring in these Regulations and not defined herein but defined in the Act, or in any other Regulations published by the Commission, shall bear the same meanings assigned to them respectively in the Act and such other Regulations, and as defined and understood in the engineering and commercial circles.
(3)The Conduct of Business Regulations as may be amended from time to time shall, mutatis mutandis, as far as practicable and possible, apply to the proceedings under these Regulations.