TNERC Regulations 2Chapter 0 · Preliminary

Section 2 · Definitions

(1)

In these Regulations, unless the context otherwise requires:

(a)

"Act" means the Electricity Act, 2003(Central Act 36 of 2003);

(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;

(ca)"Associate", in relation to the applicant, includes a person -

(i)who, directly or indirectly, by himself, or in combination with elatives, 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 persons, 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;

(d)

"Commission" means the Tamil Nadu Electricity Regulatory Commission.

(e)

"Conduct of Business Regulations" means the Tamil Nadu Electricity Regulatory Commission - Conduct of Business Regulations, 2004, for the time being in force;

(f)

"Consumer" means any person who is supplied with electricity for his own use by a licensee or the Government or by any other person engaged in the business of supplying electricity to the public under this 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 maybe;

(g)

"Designated Officer" means an officer of the Commission designated for the specific purpose and shall include the Secretary;

(h)

"distribution" means the conveyance of electricity by means of a Distribution System;

(ha)[ "Economic offence" means an offence to which the Economic Offences (Inapplicability of Limitation) Act, 1974 (12 of 1974), is applicable for the time being; [Inserted by Commission's Notification No.TNERC/LR/12/2,dated 4.7.2007 (w.e.f. 25.7.2007).]

(hb)"Fraud" has the same meaning as is assigned to it by section 17 of the Indian Contract Act, 1872 (9 of 1872);]

(i)

"licence" means a licence granted under section 14 of the Act;

(j)

"licensee" means a person who has been granted a licence under section 14 of the Act;

(k)

"licensed business" means the business of transmission or distribution or trading in electricity in the area as authorised under the licence;

(ka)[ "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;] [Inserted by Commissions Notification No.TNERC/LR/12/2, dated 4.7.2007 (w.e.f. 25.7.2007).]

(l)

"other business" means any business of the licensee other than the licensed business for optimum utilisation of its assets;

(la)"Relative" means a relative as defined in section 6 of the Companies Act, 1956 (1 of 1956);

(m)

"Secretary" means the Secretary of the Tamil Nadu Electricity Regulatory Commission;

(n)

"State Load Despatch Centre" means the centre established under sub-section (1) of section 31;

(o)

"trading" means purchase of electricity for resale thereof and the expression "trade" shall be construed accordingly;

(p)

"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 Electricity Act, 2003 (Act 36 of 2003) 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.

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