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Appointment of Input plus Investment based Distribution Franchisee Request for

for Distribution and Supply of Electricity in Bikaner City Circle (TN 01) Proposal (RfP)
Request for Proposal (RFP) Document

,, .

Appointment of Input plus Investment Based


Distribution Franchisee for Distribution and
Supply of Electricity in Bikaner City Circle of
Jodhpur Vidyut Vitran Nigam Limited (JdVVNL)

Tender No. (TN) 01

October 2016

Issued by:

Superintending Engineer (RA&C)


Jodhpur VidyutVitaran Nigam Limited (JdVVNL)
New Power House, Industrial Area
Jodhpur 342 003, Rajasthan, India
Phone: 0291 2742227, Fax: 0291 5106366
E-mail:seracomml@yahoo.com, xenpppjodhpurdiscom@gmail.com

http://www.jdvvnl.com
Appointment of Input plus Investment based Distribution Franchisee Request for
for Distribution and Supply of Electricity in Bikaner City Circle (TN 01) Proposal (RfP)

Table of Contents

Disclaimer ..................................................................................................... 1

1 Summary Sheet ................................................................................... 3

2 Abbreviations & Definitions ................................................................ 4

2.1 Abbreviations: ......................................................................................................... 3

3 About JdVVNL and Bikaner Distribution Franchisee (DF) Area .......... 8

3.1 Background of JdVVNL ............................................................................................. 8

3.2 Objectives of the Project .......................................................................................... 9

3.3 Relevant Provisions of the Electricity Act, 2003 ........................................................... 9

3.4 Brief description about the Franchisee Area.............................................................. 10

3.5 Minimum Capital Expenditure ................................................................................. 19

3.6 Details of employees in the Franchisee Area are as below: ........................................ 20

4 Project Description ........................................................................... 21

4.1 Salient Features of the Project ................................................................................ 21

4.2 Brief Roles and Responsibilities of Distribution Franchisee within the Franchisee Area .. 21

4.3 Rights and Authorities of the Franchisee .................................................................. 22

4.4 Brief Roles and Responsibilities of JdVVNL ............................................................... 23

4.5 Term of Franchisee................................................................................................ 24

4.6 Distribution Franchisee Agreement "DFA" ................................................................ 24


Appointment of Input plus Investment based Distribution Franchisee Request for
for Distribution and Supply of Electricity in Bikaner City Circle (TN 01) Proposal (RfP)

5 Process .............................................................................................. 25

5.1 Bidding Process ..................................................................................................... 25

6 Qualification Criteria ......................................................................... 28

6.1 Technical Proposal................................................................................................. 28

6.2 Financial Proposal.................................................................................................. 31

7 Instructions to Bidders ..................................................................... 33

7.1 Submission of Technical Proposal ............................................................................ 33

7.2 Submission of Financial Proposal ............................................................................. 34

7.3 Fee and Deposits................................................................................................... 35

7.4 Time Table and Milestones ..................................................................................... 37

7.5 Opening of Technical Proposal ................................................................................ 37

7.6 Responsiveness ..................................................................................................... 38

7.7 Opening of Financial Proposal ................................................................................. 39

7.8 Validity of terms of bids ......................................................................................... 39

7.9 Amendment in the RFP Document........................................................................... 40

7.10 Language of the Bid .............................................................................................. 40

7.11 Other Instructions ................................................................................................. 40


Appointment of Input plus Investment based Distribution Franchisee Request for
for Distribution and Supply of Electricity in Bikaner City Circle (TN 01) Proposal (RfP)

List of Tables

Table 1: Details of distribution companies ......................................................................... 8

Table 2: Organizational Structure of Bikaner City Circle Electricity Distribution System ........ 10

Table 3: Distribution Infrastructure Summary as on 31st March 2016 ............................... 10

Table 4: Details of Transmission EHV Substations for input supply to the Franchisee Area ... 12

Table 5: Details of Input Points to the Franchisee Area..................................................... 13

Table 6: Losses and Average Billing and Revenue Realization for Bikaner City Circle
Considered for Distribution Franchisee ............................................................... 15

Table 7: Category wise Consumer Details (Effective) for Bikaner City Circle ........................ 15

Table 8: Category wise Contracted Load (kW) Details for Bikaner City Circle....................... 16

Table 9: Category wise Unit Sales (MUs) for Bikaner City Circle ......................................... 16

Table 10: Category wise Revenue Billed and Collected (Rs. Cr.) for Bikaner City Circle .......... 17

Table 11: Category wise Outstanding Arrear (Rs. Cr.) as on March'16 for Bikaner City Circle .. 18

Table 12: Capital Works in Progress ................................................................................. 18

Table 13: Details of Outsourcing Activities ........................................................................ 19

Table 14: Minimum Capital Expenditure ............................................................................ 19

Table 15: Details of Utility Employees in the Franchisee Area .............................................. 20


Appointment of Input plus Investment based Distribution Franchisee Request for
for Distribution and Supply of Electricity in Bikaner City Circle (TN 01) Proposal (RfP)

List of Exhibits

Exhibit 1: Covering Letter for Technical Proposal.......................................................... 42

Exhibit 2: Letter of Commitment................................................................................. 45

Exhibit 3: Information Requirement for Technical Proposal ........................................... 47

Exhibit 4: Letter of Authorisation from Affiliate(s) of Bidder whose financial capability has
been used by the Bidder ............................................................................. 55

Exhibit 5: Format for Financial Requirement Relationship & Details of Equity Shareholding
(Refer Clause 6.1.4) ................................................................................... 57

Exhibit 6: Undertaking Regarding Non-Blacklisting ....................................................... 59

Exhibit 7: Letter of Acceptance ................................................................................... 60

Exhibit 8: Information Requirement for Financial Proposal ............................................ 61

Exhibit 9: Format for Financial Proposal ...................................................................... 62

Exhibit 10: Bank Guarantee Format .............................................................................. 63

Exhibit 11: Power of Attorney for Signing Authority ........................................................ 65


Appointment of Input plus Investment based Distribution Franchisee Request for
for Distribution and Supply of Electricity in Bikaner City Circle (TN 01) Proposal (RfP)

Disclaimer

1. This RFP document is non-transferable.

2. Jodhpur Vidyut Vitaran Nigam Limited (JdVVNL) is a statutory body constituted in the
year 1999 from the erstwhile Rajasthan State Electricity Board and has been
engaged in distribution of electricity in the eastern part of the State of Rajasthan.
The Distribution Franchisee Agreement shall be entered into between JdVVNL and
the successful Bidder selected by JdVVNL through an open and transparent
competitive bidding process.

3. Although JdVVNL has taken adequate care while preparing the RFP document,
however, the Bidders shall satisfy themselves that document is complete in all
respects. If noticed, Bidders shall intimate any discrepancy in the RFP document to
office of the undersigned within 5 days from the date of issuance of the RFP
document. If no intimation is received from the Bidders within the stipulated period,
it shall be assumed that the RFP document is complete in all respects and fulfil the
expectations of the Bidders.

4. JdVVNL may modify, amend or supplement any aspect of this RFP document,
including selection process and evaluation criteria, if deemed necessary by it orif the
same is required under law. Further, JdVVNL or its authorized officers reserve the
right, without prior notice, to change the selection procedure and the delivery of
information at any time before submission of bids without assigning any reasons
thereof. However, such change shall be posted on JdVVNLs and other relevant
website i.e. http://www.jdvvnl.com and Rajasthan e-Procurement website i.e.
http://eproc.rajasthan.gov.in

5. This document is not intended to provide basis of any investment decision to be


made by any Bidder. Each prospective Bidder must make its own independent
assessment of the project, baseline parameters and ground conditions at its own
cost. JdVVNL, nor its employees, consultants, advisors accept any liability or
responsibility for the accuracy or completeness of, nor make any representation or
warranty, express, or implied, with respect to the information contained in the RFP,
or on which the RFP is based, or any other information or representations supplied or
made in connection with the Selection Process.

6. Nothing in the RFP should be relied on, as a promise or representation as to the


future.

7. JdVVNL, its officers, employees and consultants have made best efforts to provide as
accurate and reliable information as possible. However, before submitting the bids,
the Bidders are expected to independently assess, verify and validate the
information/data provided in the RFP and DFA documents.

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Appointment of Input plus Investment based Distribution Franchisee Request for
for Distribution and Supply of Electricity in Bikaner City Circle (TN 01) Proposal (RfP)

8. JdVVNL, its officers, employees and consultants have no responsibility for


authenticity of the information/data hence shall not be held liable for any possible
omission, misrepresentation, mistake or error in the information/data provided in the
RFP and DFA documents and consequences thereof.

9. JdVVNL reserves the right to annul the bid process and/or reject any or all of the
Bids submitted in response to this RFP document at any stage without assigning any
reasons thereof. In such cases JdVVNL will refund the earnest money deposit and
shall not be subjected to any liability whatsoever due to such rejection/cancelation.

10. It is also agreed that the RFP document is not confidential.

Superintending Engineer (RA&C)


Jodhpur Vidyut Vitaran Nigam Limited (JdVVNL)
New Power House, Industrial Area
Jodhpur 342 003, Rajasthan, India
Phone: 0291 2742227, Fax: 0291 5106366
E-mail: seracomml@yahoo.com,
xenpppjodhpurdiscom@gmail.com

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Appointment of Input plus Investment based Distribution Franchisee Request for
for Distribution and Supply of Electricity in Bikaner City Circle (TN 01) Proposal (RfP)

1 Summary Sheet

Appointment of Input plus Investment based Distribution Franchisee for


Project Summary
Distribution and Supply of Electricity in Bikaner City Circle (TN 01)

The area falling under Bikaner City Circle under the jurisdiction of Jodhpur
Franchisee Area
Vidyut Vitran Nigam Limited (JdVVNL)

Availability of Bid Document can be downloaded from the following websites:


Documents http://eproc.rajasthan.gov.in, http://www.jdvvnl.com

Date & Time for Start Date : 21Oct2016


Downloading the Bid
Documents End Date : 20Dec2016 upto 3:00 PM Only

Pre-bid Meeting 7Nov2016 at 11:30 AM at Conference Hall, Vidyut Bhawan, Jaipur

Bid Due Date (last date and 20Dec2016 upto 3:00 PM Only on Rajasthan E-procurement
time of submission of Bids) website i.e. http://eproc.rajasthan.gov.in

Rs. 13.60 Crore (Rupees Thirteen Crore Sixty Lakh Only) by a crossed
Earnest Money Deposit
Demand Draft / Bank Guarantee in favour of "Accounts Officer (CPC),
(EMD)
JdVVNL" payable at Jodhpur.

Rs. 10,000/- (Rupees Ten Thousands Only) by a crossed Demand Draft


Tender Document Fee
in favour of "Accounts Officer (CPC), JdVVNL" payable at Jodhpur.

Rs. 1,000/- (Rupees One Thousand) by a crossed Demand Draft in


RISL Processing Fee
favour of "Managing Director, RISL" payable at Jaipur.

Date, Time & Place for


Submission of Duly Signed 20Dec2016 upto 3:00 PM Only at the office of the undersign:
Hardcopy of the Bid
Document and Depositing
Original EMD, Tender
Document Fee and RISL Superintending Engineer (RA & C)
Processing Fee Jodhpur Vidyut Vitran Nigam Limited (JdVVNL)
New Power House Premises, Industrial Area
Bid shall be Addressed to Jodhpur 342 003
and Place of Opening of Bids

Part I : Technical Bid shall be opened on 21Dec2016 at 1:00 PM


of those Bidders who have submitted signed hardcopy of the
Tender document and deposited Original EMD, Tender
Date & Time of Opening of Document Fee and RISL Processing Fee to JdVVNL as per the
Bids date & time mentioned above.
Part II : Date & Time for Opening of Price Bid shall be intimated to all
the technically qualified bidders by JdVVNL.

Contact No. Telephone: 0291 2742227 Fax No.: 0291 5106366

Email Address seracomml@yahoo.com , xenpppjodhpurdiscom@gmail.com

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Appointment of Input plus Investment based Distribution Franchisee Request for
for Distribution and Supply of Electricity in Bikaner City Circle (TN 01) Proposal (RfP)

2 Abbreviations & Definitions

2.1. Abbreviations:

RERC : Rajasthan Electricity Regulatory Commission


JdVVNL : Jodhpur Vidyut Vitaran Nigam Limited
RVPNL : Rajasthan Vidyut Prasaran Nigam Limited
Crore (Cr) : Number equivalent to 10 million or 100 lacs
DF : Distribution Franchisee
DTR : Distribution Transformer
EHV : Extra High Voltage
EMD : Earnest Money Deposit
FA : Franchisee Area
FY : Financial Year
HP : Horse Power
HT : High Tension
IST : Indian Standard Time
IT : Information Technology
KM : Kilometres
kV : Kilo Volt
LoI : Letter of Intent
LT : Low Tension
MCB : Miniature Circuit Breaker
MUs : Million Units
O&M : Operations & Maintenance
PD : Permanently Disconnected
RFP : Request for Proposal
Rs. : Indian Rupees
SCC : Service Connection Charge
SD : Security Deposit
SLC : Service Line Charge
SLDC : State Load Despatch Centre
T&D : Transmission & Distribution

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Appointment of Input plus Investment based Distribution Franchisee Request for
for Distribution and Supply of Electricity in Bikaner City Circle (TN 01) Proposal (RfP)

2.2. Definitions:

i. Affiliate Shall mean a Company that either directly or indirectly:


(a) Controls, or
(b) is controlled by, or
(c) is under common control with
a company and control means ownership by one Company of more than 50% (Fifty
Percent) of the paid-up capital of the other Company. Any bank or financial
institutions shall not be considered as an Affiliate.

ii. Base Year Shall mean the Financial Year 2015-16.

iii. Bid Shall mean the Technical Bid and Price Bid submitted in response to this RFP
document issued by JdVVNL.

iv. Bid Due Date Shall mean the date and time specified in RFP for submission of
Bids by the Bidders

v. Bidder - Shall mean the Public Limited Company registered under Indian Companies
Act, 1956/2013 which is bidding for the Project

vi. Consumer Shall mean consumer irrespective of the voltage level at which
electricity is supplied to him, as defined under the Electricity Act, 2003
Note: A consumer would be either referred to as Low Tension Consumer (LT consumer)
meaning person who has been supplied power by the licensee at low voltage or High
Tension Consumer (HT consumer) meaning person who has been supplied power by the
licensee at high voltage, until and unless specified otherwise.

vii. Collection Efficiency Shall mean the ratio of revenue actually realized from
Consumers (excluding the subsidy amount, if any) and energy amount billed to
Consumers (excluding the subsidy amount, if any), in percentage terms for a
particular period and shall be calculated as below:

Revenue Realized from Consumers in Rupees


Collection Efficiency = X 100
Energy Amount Billed to Consumers in Rupees

viii. Distribution Shall mean the supply and conveyance of electricity by means of
distribution system.

ix. Distribution Franchisee / Franchisee or DF - Shall mean the special purpose


vehicle incorporated by the successful Bidder under the Companies Act 2013 for
purchasing and distributing electricity in the Franchisee Area and other
responsibilities more particularly outlined in Distribution Franchisee Agreement.

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Appointment of Input plus Investment based Distribution Franchisee Request for
for Distribution and Supply of Electricity in Bikaner City Circle (TN 01) Proposal (RfP)

x. Distribution Franchisee Agreement DFA - Shall mean the Agreement to be


entered into by JdVVNL and the successful bidder for Distribution Franchisee for
undertaking distribution and Supply of electricity through the Franchisee in the
specified area.

xi. Distribution Assets - Shall mean the assets created and owned/employed by
JdVVNL in the Franchisee Area as on effective date, beyond the input points, for
distribution of electricity including 33 kV, 11 kV and LT Lines, both overhead and
underground, 33/11 kV Sub-stations, control rooms, 11/0.4 kV Sub-stations, HV/LV
underground cables, electrical plant, control switch gear, meters having design
voltage 33 kV and below, service lines and other similar assets at the consumer end
and other assets owned/employed by JdVVNL for distribution of electricity including
Complaint Centres, Billing/IT Centres, Collection Centres, Stores (except major Stores
to be specified by JdVVNL), Transformer Repair Workshops/Test Labs dedicated to
the Franchisee Area, Division/Sub-division/Distribution Centre offices together with
furniture, fixtures, IT hardware/software and communication equipments. It shall
include vacant land owned by JdVVNL identified for creation of sub-stations and
offices within the Franchisee Area. It will also include residential accommodations
which are presently occupied by JdVVNL Staff who may choose to go on deputation
with the Distribution Franchisee or are lying vacant, community hall and training
centres and other offices spaces and open land which may not be required by
JdVVNL after handing over to the Distribution Franchisee subject to an undertaking
from the DF that the property owned by JdVVNL shall not in any way be sold,
transferred, disposed off, alienated, mortgaged or sub-let by it as well as such
properties shall not be used by the DF for any other purpose. No rent shall be
charged by JdVVNL for the assets handed over to the franchisee.

xii. Distribution Licensee - Shall mean Jodhpur Vidyut Vitaran Nigam Limited
(JdVVNL) or its Successor.

xiii. Expiry Date - Shall mean the twentieth (20th) anniversary of the effective date.

xiv. Effective Date - Shall mean the date of handing over of the business operations of
Franchisee Area by JdVVNL to the Distribution Franchisee pursuant to the
Distribution Franchisee Agreement after the conditions precedents are satisfied.

xv. Financial Proposal - Shall mean the proposal of the Bidder setting out the Input
Rate for the Energy injected by JdVVNL at the Inputs Points in the Franchisee Area
and other details as set out in Clause 6.2of this Document.

xvi. Franchisee Area - Shall mean the area as mentioned in the Clause 3.4 of the RFP
in respect of which Distribution Franchisee shall act as an agent of JdVVNL.

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Appointment of Input plus Investment based Distribution Franchisee Request for
for Distribution and Supply of Electricity in Bikaner City Circle (TN 01) Proposal (RfP)

xvii. Input Energy - Shall mean sum total of net energy supplied to the Franchisee Area
through all input points.

xviii. Input Points - Shall mean 132Kv of 220/132Kv,33 kV side of 220/33 kV, 132/33 kV
and 11 kV side of 132/11 kV power transformers at EHV Sub-stations, if the same is
supplying power only to the franchise area. In case 220/33 kV, 132/33 kV and/or
132/11 kV power transformers are also supplying to area(s) other than the franchise
area, the respective 33 kV and/or 11 kV feeders supplying to franchise area shall be
considered as input points and shall include such other EHV/HV substations or
feeders, 33 kV & 11 kV cross-over points and all the injection points of Captive
Power Plants, IPPs, Non-conventional energy sources which may feed energy to the
Franchisee Area at the Effective date or during the term of the Agreement.

xix. Annualized Input Energy Rate Shall mean rate in Rupees per unit of electricity,
quoted by the Bidder through its Bid for the electricity supplied by JdVVNL at the
Input Points.

xx. Parties Shall mean a reference to selected Bidder and JdVVNL collectively and
Party shall mean an individual reference to either of them as the context may
require.

xxi. Prudent Utility Practices Shall mean the practices, methods and standards that
are generally accepted nationally from time to time by electric utilities for the
purpose of ensuring the safe, efficient distribution of electricity, operation and
maintenance of Distribution Assets, etc. and as may be specifically specified in the
Standards of Performance Regulations and / or the Electricity Supply Code
Regulations of the RERC.

xxii. Project Shall mean the purchase and distribution of electricity and related
activities in the Franchisee Area as a Distribution Franchisee of JdVVNL in accordance
with the requirements set forth in the RFP.

xxiii. Proposal/Bid Shall mean the Technical Proposals and Financial Proposal
submitted by a Bidder as per the provisions of this RFP document

xxiv. RERC Shall mean the Rajasthan Electricity Regulatory Commission, Jaipur, or its
successor(s);

xxv. Request for Proposal (RFP) document Shall mean this document, issued to
the Bidders seeking Technical and Financial Proposals read with all subsequent
addenda / errata / corrigenda issued thereto.

xxvi. Technical Proposal Shall mean the proposal of the Bidder setting out details as
set forth in Clause 6.1 of this Document.

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Appointment of Input plus Investment based Distribution Franchisee Request for
for Distribution and Supply of Electricity in Bikaner City Circle (TN 01) Proposal (RfP)

3 About JdVVNL and Bikaner Distribution Franchisee(DF) Area

3.1 Background of JdVVNL


In year 1999 Government of Rajasthan (GoR) introduced the power sector reform
policy and restructured the erstwhile Rajasthan State Electricity Board (RSEB) into
five entities - Rajasthan Rajya Vidyut Utpadan Nigam Limited (RVUNL), Rajasthan
Rajya Vidyut Prasaran Nigam Limited (RVPNL), Ajmer Vidyut Vitran Nigam Limited
(AVVNL), Jaipur Vidyut Vitran Nigam Limited (JVVNL), Jodhpur Vidyut Vitran Nigam
Limited (JdVVNL).As per the Policy Statement for the Rajasthan Power Sector Reform
Programme initiated on May 1999 primary reasons for unbundling the Discom have
been outlined below:
 Bring about improvements in the efficiency of the delivery system,
 Create an environment of growth in the power sector for the overall benefit
of the people of the State.
 Encourage private sector participation in the distribution companies in a
phased manner through joint venture Companies.
 Bring about improvements in the condition of transmission and distribution
network.
The State has been geographically divided into three distribution companies (with
headquarters at Jaipur, Jodhpur and Ajmer) formed on considerations of viability and
operational convenience. Details of distribution companies are as under:

Table 1: Details of distribution companies

Distribution Company Districts Covered O&M Circles Covered

Jaipur, Alwar, Dausa, Jaipur City, Jaipur District, Alwar,


Jaipur VidyutVitran
Bharatpur, Karauli, Dholpur, Dausa, Dholpur, Bharatpur, Karauli,
Nigam Ltd (JVVNL)
Sawai Madhopur, Tonk, Kota, SawaiMadhopur, Kota, Jhalawar,
Headquarter at Jaipur
Jhalawar, Baran, Bundi Tonk, Baran, Bundi.

Ajmer, Jhunjhunu, Sikar, Ajmer city, Ajmer district,


Ajmer VidyutVitran Nagaur, Bhilwara, Jhunjhunu, Dungarpur, Sikar,
Nigam Ltd (AVVNL) Chittorgarh, Udaipur, Nagaur, Bhilwara, Chittorgarh,
Headquarter at Ajmer Rajsamand, Banswara, Udaipur, Banswara, Pratapgarh,
Dungurpur, Pratapgarh Rajsamand.

Jodhpur City, Jodhpur District, Sri


Jodhpur VidyutVitran Jodhpur, Sri Ganganagar,
Ganganagar, Hanumangarh, Churu,
Nigam Ltd (JdVVNL) Hanumangarh, Churu,
Bikaner City, Bikaner District,
Headquarter at Bikaner, Jaisalmer, Barmer,
Barmer, Pali, Jaisalmer, Sirohi,
Jodhpur Pali, Jalore, Sirohi
Jalore.

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Appointment of Input plus Investment based Distribution Franchisee Request for
for Distribution and Supply of Electricity in Bikaner City Circle (TN 01) Proposal (RfP)

Bikaner City comes under Bikaner administrative district and the Bikaner City Circle
falls under jurisdiction of under JdVVNL. The goal set forth by JdVVNL is to bring
about operational efficiency, reduction in losses in the Franchisee Area and to
provide the improved services to consumers in the Franchisee area in terms of
quality, reliability and consistency in supply of electricity.

3.2 Objectives of the Project

3.2.1. In an endeavour to improve operational efficiency of the distribution system and


quality of service to its consumers, JdVVNL seeks to bring in management expertise
through public-private participation in distribution of electricity.

3.2.2. JdVVNL intends to appoint an Input Based Distribution Franchisee for Bikaner City
Circle which will be selected by JdVVNL through open and transparent competitive e-
bidding process.

3.2.3. JdVVNL's objectives of appointing a distribution franchisee, inter alia, are:


i. To minimize Aggregate Distribution and Commercial losses
ii. To bring improvement in Metering, Billing and Revenue Collection
iii. To minimize Current Assets on account of arrears
iv. To enhance customer satisfaction level by improving quality of service

3.2.4. Selection of the Distribution Franchisee shall be carried-out through a transparent


open bidding process as provided in the Rajasthan Transparency in Public
Procurement Act (RTPPA) 2012and RTPP Rules. 2013and within the provisions of the
Electricity Act, 2003 and amendments thereof.

3.3 Relevant Provisions of the Electricity Act, 2003

3.3.1. The Electricity Act, 2003 has opened new avenues for bringing in private
participation in distribution sector.

3.3.2. The 7th proviso to Section 14 of the Electricity Act, 2003 states that:

in a case where a distribution licensee proposes to undertake distribution of


electricity for a specified area within his area of supply through another person, that
person shall not be required to obtain any separate license from the concerned State
Commission and such distribution licensee shall be responsible for distribution of
electricity in his area of supply

3.3.3. Accordingly, a person who undertakes the distribution of electricity for a specified
area on behalf of the Distribution Licensee will not be required to obtain separate
license from the concerned State Electricity Regulatory Commission.

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Appointment of Input plus Investment based Distribution Franchisee Request for
for Distribution and Supply of Electricity in Bikaner City Circle (TN 01) Proposal (RfP)

3.4 Brief description about the Franchisee Area

3.4.1. Bikaner City Circle is having population of over 6.44 lakh as per Census 2011. The
Bikaner electric supply area consists of the Bikaner City Circle having two electric
supply divisions i.e. City Division-I, City Division-II. Both divisions namely City
Division-I and City Division-II are being considered for Franchisee operation.

3.4.2. Bikaner is well connected by rail and road.

3.4.3. A brief description of the existing distribution network in the Franchisee Area is given
herewith. The Organization Structure of the Franchisee Area along with Divisions and
sub-divisions is as outlined in Table 2.

Table 2: Organizational Structure of Bikaner City Circle


Electricity Distribution System

Name of Town Name of Division

City Division-I
Bikaner
City Division II

3.4.4. Distribution infrastructure in the Franchisee Area is given below:

Table 3: Distribution Infrastructure Summary


as on 31st March 2016

Particulars Units Particular

EHV Sub-station Nos. 3

33 KV Input Point Nos. 21

11 KV Input Point Nos. 2

Total Input Points Nos. 23

11 KV Cross Over Point Nos. 3

33 KV Substation Nos. 34

33 KV Substation Capacity MVA 275.15

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Appointment of Input plus Investment based Distribution Franchisee Request for
for Distribution and Supply of Electricity in Bikaner City Circle (TN 01) Proposal (RfP)

Particulars Units Particular

11 KV Switching Station Nos. -

11 kV Outgoing Feeder Nos. 158

33 KV Lines

Over Head Line CKms 138.75

Under Ground CKms 42.06

Total CKms 180.81

11 KV Lines

Over Head Line CKms 527.93

Under Ground CKms 137.89

Total CKms 664.82

LT Lines

Over Head Line CKms 1908.63

Under Ground CKms 146.10

Total CKms 2054.73

33 KV Lines Nos. 2322

11 KV Lines Nos. 5987

L. T. Lines Nos. 29433

Total Nos. 37742

11 KV/433 V DT Nos. 2749

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Appointment of Input plus Investment based Distribution Franchisee Request for
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Table 3(a): Distribution Transformers installed in Bikaner City Circle

CITY DIVISION-I & II

500 KVA

315 KVA

250 KVA

200 KVA

160 KVA

125 KVA

100 KVA

1 Phase
63 KVA

40 KVA

25 KVA

16 KVA

1 Phase

1 Phase
Year

10 KVA

5 KVA
FY 2015-16 105 257 414 2 37 6 1062 563 191 80 2 8 22

Table 3(b): Distribution Transformers failure in Bikaner City Circle

CITY DIVISION- I & II


315 KVA
500 KVA

250 KVA

100 KVA

Year
63 KVA

40 KVA

25 KVA

16 KVA

10 KVA

5 KVA
160 KVA

FY 2015-16 1 3 4 4 40 32 9 7 3 0 4

3.4.5. The EHV/HV substations/ feeders of the Franchisee Area as mentioned in Table
4shall form the input points for injection of electricity in the Franchisee Area. Details
of EHV sub stations (Input Points) are as under:

Table 4: Details of Transmission EHV Substations for input supply to the


Franchisee Area

Name of the
Capacity Installed
Division/ Sub- Name of EHV/ HV sub-station
(MVA)
Division

220/132/33/11 KV Bikaner GSS 158.15


City Division- I &

City Division- II 132/33/11 KV- Pugal Road GSS 61

220/132/33/11 KV- Binasar GSS 64

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Table 5: Details of Input Points to the Franchisee Area

Input Feeders
Name of the Division/
Name of EHV/ HV sub-station
Sub-Division
33KV 11KV

220/132/33/11 KV Bikaner GSS 12 0


City Division-I &
City Division-II 132/33/11 KV Pugal Road GSS 5 2

220/132/33/11 KV Binasar GSS 4 0

Table 5(a): Details of Input Points to the Franchisee Area

S. Name of the
Transformer
No GSS Name of the
No & Voltage Feeding to 33/11 KV SS / Area
400/200/ Feeders
Capacity
132 KV

1 33 KV Feeder No. 1 66KV, Tilak Nagar

Mains, Udaisar, Beechwal, Kothi no


2 33 KV Feeder no. 2 131, FCI, Filterplant, Karni Nagar,
Khara, Dairy

3 33 KV Feeder no. 4 Filter plant

4 33 KV Feeder no. 5 Shivbari

Mains, Udaisar, Kothi no 131, FCI,


5 33 KV Feeder no. 6
Karni Nagar, Khara, Stadium, Dairy
Total
6 3=Capacity 33 KV Feeder no. 7 Tilak Nagar, Shivbari
220 KV
1x20/25
Sagar
MVA+
Rani Bazar new, Rani Bazar old,
7 2x40/50 MVA 33 KV Feeder no. 9
66KV

8 33 KV Feeder no. 10

9 33 KV Feeder no. 11 PBM, Pawanpuri, RatanBihari

PBM, Pawanpuri, Stadium,


10 33 KV Feeder no. 12
RatanBihari

11 33 KV Feeder no. 14 Sagar

12 33 KV Feeder no. 16 Sagar

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S. Name of the
Transformer
No GSS Name of the
No & Voltage Feeding to 33/11 KV SS / Area
400/200/ Feeders
Capacity
132 KV

1 33 KV Feeder no. 2 KIA new, Beechwal

2 33 KV Feeder no. 4 Gaushala, MDV


Total
2=Capacity
3 1x20/25 33 KV Feeder no. 7 MP colony, KIA old
MVA+
1x40/50 MVA
132 KV
4 33 KV Feeder no. 8 MP colony, KIA old, KIA new
Pugal

5 33 KV Feeder no. 9 Gaushala, Satellite, Songiri

6 11 KV Feeder no. 1 RIICO-1


Total
1=Capacity
1x5 MVA
7 11 KV Feeder no. 2 RIICO-2

1 33KV Feeder no. 1 MDV, Binasar, Sujandesar

2 33KV Feeder no. 2 Binasar


Total
2=Capacity
132KV
1x20/25
Binasar Udayramsar, Vyaparnagar,
3 MVA+ 33KV Feeder no. 5
Sujandesar
1x40/50 MVA

JailWell, Rani Bazar old, Udayramsar,


4 33KV Feeder no. 6
Vyaparnagar

3.4.6. The loss and collection efficiency for the Franchisee Area is given below:

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Table 6: Losses and Average Billing and Revenue Realization for Bikaner City
Circle Considered for Distribution Franchisee

Units Unit Collection Avg. Billing Avg. Revenue


T&D Loss
Year Input Billed Efficiency Rate (Rs. Realization
(%)
(MUs) (MUs) (%) /KWh) (Rs. / KWh)

FY 2011-12 528.47 381.16 27.87% 100.00% 4.83 3.56

FY 2012-13 583.75 449.80 22.95% 100.00% 5.41 4.46

FY 2013-14 624.35 493.16 21.01% 100.00% 5.76 4.56

FY 2014-15 614.52 523.50 14.81% 98.99% 5.71 4.82

FY 2015-16 675.59 510.54 24.43 99.34% 6.65 5.03

3.4.7. Category wise consumer details, Connected Load, Sales, Revenue Details for Bikaner
City Circle are as under:

Table 7: Category wise Consumer Details (Effective) for Bikaner City Circle

FY FY FY FY FY
Particular
2011-12 2012-13 2013-14 2014-15 2015-16

Domestic 90519 93889 97385 117048 121118

Non Domestic 14019 14483 14964 16905 17759

Public Street Light 409 418 427 547 557

Agriculture(Metered) 110 128 150 324 346

Agriculture(Flat) 0 0 0 1 1

Small Industry 1401 1422 1445 1797 1832

Medium Industry 627 693 767 680 688

Large Industry 106 105 107 112 128

Public Water Works(S) 23 21 19 33 33

Public Water Works(M) 43 41 39 55 54

Public Water Works(L) 12 12 12 13 14

Mixed Load/ Bulk Supply 161 177 194 39 39

Total 107430 111389 115509 137554 142569

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Table 8: Category wise Contracted Load (kW) Details for Bikaner City Circle

FY 2011- FY 2012- FY 2013- FY 2014- FY 2015-


Particular
12 13 14 15 16

Domestic 141485 165803 176856 179808 189360

Non Domestic 45735 53505 57169 65507 72334

Public Street Light 12535 14699 15669 17660 18323

Agriculture ( Metered) 7818 9543 9786 10092 10772

Agriculture ( Flat) 0 0 0 11 11

Small Industry 10934 11986 13668 15039 15616

Medium Industry 29742 33036 37178 39547 40158

Large Industry 20427 23990 25415 26602 32778

Public Water Works(S) 398 449 498 539 533

Public Water Works(M) 1566 1735 1957 2177 2136

Public Water Works(L) 3236 2913 3884 4207 4531

Mixed Load/ Bulk Supply 11786 13516 14733 17133 17392

Total 285663 331174 356813 378323 403944

Table 9: Category wise Unit Sales (MUs) for Bikaner City Circle

FY 2011- FY 2012- FY 2013- FY 2014- FY 2015-


Particular
12 13 14 15 16

Domestic 159.99 186.34 199.99 216.13 225.07

Non-Domestic 52.65 59.60 65.82 71.21 73.91

Public Street Light 16.72 18.98 20.90 23.00 2.11

Agriculture(Metered) 17.90 19.65 22.75 25.43 27.74

Agriculture(Flat) 0.00 0.00 0.00 0.02 0.02

Small Industry 10.88 11.49 13.60 15.25 13.79

Medium Industry 45.18 52.48 56.47 57.76 54.49

Large Industry 38.72 45.65 48.40 49.49 49.96

Public water Works(S) 1.48 1.71 1.85 2.08 1.88

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FY 2011- FY 2012- FY 2013- FY 2014- FY 2015-


Particular
12 13 14 15 16

Public water Works(M) 4.97 5.54 6.21 5.72 5.51

Public water Works(L) 12.22 14.65 16.64 11.91 12.27

Mixed Load/Bulk Supply 36.13 42.50 45.16 45.45 43.77

Total 396.84 458.59 497.79 523.45 510.54

Table 10: Category wise Revenue Billed and Collected (Rs. Cr.) for Bikaner City
Circle

Revenue Billed including Electricity Duty Revenue Collected including Electricity


(Rs. Cr.) Duty (Rs Cr.)
Particulars FY FY FY FY FY FY FY FY FY FY
2011- 2012- 2013- 2014- 2015- 2011- 2012- 2013- 2014- 2015-
12 13 14 15 16 12 13 14 15 16

Domestic 65.70 94.57 117.16 125.94 147.51 72.10 96.22 115.98 124.58 146.4
5
Non-Domestic 28.88 43.60 52.96 55.56 66.21 31.21 44.55 52.31 55.58 65.81

Public Street Light 13.77 9.73 13.20 14.81 1.80 0.30 31.38 3.76 11.89 1.80

Agriculture
0.78 2.78 6.85 8.28 10.77 0.88 2.88 6.75 8.55 10.77
(Metered)

Agriculture(Flat) - - - 0.01 0.01 - - - 0.01 0.01

Small Industry 5.95 7.75 8.94 8.89 9.77 6.61 7.91 8.92 8.90 10.08

Medium Industry 28.08 32.51 37.89 38.08 43.49 30.55 33.60 37.50 37.99 47.35

Large Industry 16.46 24.77 32.77 34.68 39.39 18.49 25.36 32.79 34.65 48.42

Public water
1.09 1.02 1.11 1.14 1.20 1.15 1.00 1.02 1.06 -
Works(S)

Public water
2.91 3.02 3.68 3.34 4.11 1.55 3.10 3.37 3.46 -
Works(M)

Public water
7.28 7.03 7.80 8.02 9.40 8.21 7.28 7.71 7.93 -
Works(L)

Mixed Load/Bulk
25.81 23.32 25.68 25.50 29.21 28.97 24.08 25.80 25.67 28.88
Supply

Total 196.69 258.93 308.10 324.31 363.19 200.07 277.49 295.99 320.31 360.81

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Table 11: Category wise Outstanding Arrear (Rs. Cr.) as on March'16 for Bikaner
City Circle

Outstanding Arrear for Outstanding Arrear for Permanent


Particulars
Regular Consumers (Rs. Cr.) Disconnected Consumers (Rs. Cr.)

Domestic 5.09 4.25

Non-Domestic 0.60 2.20

Public Street Light 19.96 -0.02

Agriculture(Metered) 0.08 0.06

Agriculture(Flat) 0.01 0.01

Small Industry 0.10 0.45

Medium Industry -2.08 1.82

Large Industry 0.01 0.00

Public water Works(S) 0.11 -0.03

Public water Works(M) 0.06 0.05

Public water Works(L) 0.01 0.00

Mixed Load/Bulk Supply -0.03 0.01

Total 23.92 8.80

Details of capital work in progress, planned capital investment and outsourced activities as
on 31st March 2016 are mentioned as below:

Table 12: Capital Works in Progress

S. Name of the Contract Total Contract


Scope of Work % work completed
No. Contractor Period Value (Rs. Cr.)

1 R-APDRP(B)- System M/s SMS Upto June 64.97 Closure under


Strengthening work Infrastructure 2015 Submission
(Lot-VII) Limited
2 R-APDRP(B)- System M/s VTL Limited Upto June 64.72 Closure under
Strengthening work 2015 Submission
(Lot-VIII)
3 R-APDRP(B)- System M/s SMS Upto June 69.42 Closure under
Strengthening work Infrastructure 2015 Submission
(Lot-IX) Limited
4 FRT works M/s Intelnet, 3 years 6.537 -
Mumbai

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Table 13: Details of Outsourcing Activities

Name of Outsourcing Contract Value Period of Liability of early


Sl. Scope of Work
Agency (Rs) Contract termination

M/s Goswami Electric 3 months


1 Line work 90251.53 Nil
center, Barsinghsar wef 1.8.16

M/s Jagdamba Engineer 3 months


2 Line work 77131.36 Nil
&Builders, Moodsar wef 1.8.16

M/s Goswami Electric 179 DAYS


3 Bill distribution 95940 Nil
center, Barsinghsar wef 1.5.16

179 DAYS
4 Bill distribution Sh. Deenanath Dabar 1 Rs per bill Nil
wef 1.5.16

Sh. Suresh Kumar 179 DAYS


5 Bill distribution 1 Rs per bill Nil
Purohit wef 1.4.16

179 DAYS
6 Bill distribution Sh. Trilok Chand Joshi 1 Rs per bill Nil
wef 1.6.16

3.5 Minimum Capital Expenditure

The indicative area where the Minimum Capital Expenditure of Rs. 114.61 Cr. to be
carried-out/invested by the DF over the initial period of five (5) years are given
below:

Table 14: Minimum Capital Expenditure

S. Indicative Scope of Work (this shall exclude the work already undertaken or to be
No. undertaken by JdVVNL under various schemes)

Consumer Care Centre: Establishment / Augmentation / Up-gradation of Consumer Care


1 centre and the Consumer Care centre software supporting advance features like priority
customer handling, computer telephony integration, automatic call distribution etc.

Energy Audit, Feeder Metering, DT metering and 100% consumer metering. Meter Test bench
2
both for testing single phase & three phase meters

3 Installation/ Augmentation of Distribution Transformer (DTRs)

Strengthening of Distribution network including 33/11kV substations, Installation/


4
Augmentation of Power transformer and associated bay equipment at Power Sub-substation.

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S. Indicative Scope of Work (this shall exclude the work already undertaken or to be
No. undertaken by JdVVNL under various schemes)

5. Construction of new 11kV feeders to meet the load growth.

Reactive Power Management; Installation of capacitors in the distribution network to improve


6
the power factor.

Deployment of adequate infrastructure to comply with Rajasthan Electricity Regulatory


7. Commission (Standards of Performance of Distribution Licensee) Regulations, 2014 as
amended from time-to-time and to bring down the AT&C loss.

3.6 Details of employees in the Franchisee Area are as below:


Table 15: Details of Utility Employees in the Franchisee Area

Age Group (X signifies age in


Function
years)
Designation
Operation
X<50 50>X>55 55>X>60 Commercial Total
&Maintenance

S.E. - - 1 1 - 1

X.En. 1 1 1 3 - 3

A.En. 6 3 1 10 - 10

J.En. 40 - 1 41 - 41

Technical Helper 259 59 158 476 - 476

Lineman 3 3 24 30 - 30

Accounts Personnel
19 - 3 - 22 22
(CAO/Sr. AO/AO/AAO)

Clerical & Assistant


59 6 14 - 79 79
(UDC/LDC/Typist/Steno etc.)

Peons / 4th Class Employees 9 7 16 12 20 32

Drivers 3 4 5 2 7

Total 396 83 223 478 123 701

Bidders requiring further details on any of the above mentioned personnel may contact the
RFP issuing authority or the concerned field offices.

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4 Project Description

4.1 Salient Features of the Project

4.1.1. The Project encompasses all the activities relating to purchase and distribution of
power to the existing / future consumers within the Franchisee Area, maintenance
of the Distribution Assets and all related activities subject to the terms and
conditions as stipulated from time to time by JdVVNL and Rajasthan Electricity
Regulatory Commission.

4.2 Brief Roles and Responsibilities of Distribution Franchisee within the


Franchisee Area

4.2.1. Undertaking all the liabilities and obligations of the Distribution Licensee in the
Franchisee Area as stipulated in Electricity Act, 2003 and corresponding regulations
as if they were to apply to the Distribution Licensee;

4.2.2. Discharging of all duties and responsibilities on behalf of JdVVNL as per the terms
and conditions of the License given by RERC;

4.2.3. Undertaking any other activity as may be notified from time to time by RERC to
Distribution Licensee;

4.2.4. Complying with all the directives issued from time to time by RERC and JdVVNL for
implementation of RERC directives;

4.2.5. Undertaking the distribution and supply of power to the consumers of JdVVNL in
the Franchisee Area;

4.2.6. Undertaking all Operations and Maintenance related activities in the Franchisee
Area;

4.2.7. Maintaining the existing distribution network including replacing failed distribution
transformers and defective meters within the time frame as prescribed in
Regulations/ Orders/ Directives of RERC including repair of the same;

4.2.8. Undertaking reading of meters, generation and distribution of the bills, collection of
payment from the consumers as per the retail tariff structure determined by RERC
and abiding by the Supply Code and Standards of Performance Regulation and
license conditions thereof;

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4.2.9. Making payments to JdVVNL as per the terms and conditions mentioned in the
Distribution Franchisee Agreement(DFA);

4.2.10. Collection of arrears for the period prior to Effective Date as an agent of JdVVNL
and remittance of the same as per the terms and conditions of the DFA;

4.2.11. Establishing internal grievance cells /consumer service centre and consumer
grievance redressal forum in accordance with the requirements laid down in the
regulations made by the RERC under Sections 42(5),(6), and (7) of the Act.;

4.2.12. Redressal of Commercial and Billing Complaints;

4.2.13. Allotting new connections and carrying out all necessary activities for release of the
same;

4.2.14. Maintaining consumer database and billing records as per the format prescribed by
JdVVNL;

4.2.15. Generating Management Information System (MIS) periodically and monitoring


reports in prescribed formats and online communication of the same to JdVVNL;

4.2.16. Installing metering devices and carrying out energy audit on monthly basis and
submit the report of the same to JdVVNL;

4.2.17. Carrying out periodical demand estimation / load forecasting and apprising JdVVNL
of the same;

4.2.18. Maintaining rolling stock of transformers and other necessary material/equipment


as per the norms prescribed in [Reference to relevant document / order /
notification to be specified by JdVVNL] ;

4.2.19. Upgrading, renovating and maintaining the existing distribution network/systems/


assets as per Prudent Utility Practices and the standards that may be prescribed by
RERC;

4.2.20. Adherence to SLDC instructions to maintain grid discipline from time to time.

4.2.21. Ensure Zero drawl of reactive power as per the Rajasthan State Grid Code issued
from time to time.

4.3 Rights and Authorities of the Franchisee

4.3.1. Initiating necessary action, in accordance with the Electricity Act, to prevent the
theft of power, interference with meters and extinguishing public lamps, theft of
electric lines and material etc;

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4.3.2. To enter into a tripartite agreement with JdVVNL and the Generator and pay
transmission charges to RVPNL, if required, in case power is brought into the
Franchisee Area by purchasing from sources other than JdVVNL;

4.3.3. Charging the consumers in the form of a reliability charge per unit for power
purchased from sources other than JdVVNL to be decided through public hearing
process and prior approval of the RERC.

4.3.4. For the activities outsourced by JdVVNL to any agencies prior to appointment of
Distribution Franchisee as indicated in Table 12 & 13 above, if the Distribution
Franchisee does not agree to continue with such outsourced activities, JdVVNL
shall cancel such outsourced agreements with the concerned agencies and
termination costs; as specified in the contract between JdVVNL and concerned
agencies; shall be borne by JdVVNL.

4.3.5. To continue and complete the works in progress for capital investment already in
pipeline on behalf of JdVVNL, if so desired by JdVVNL, and to deduct the
investments made by Franchisee on such works from the Input Energy amount
payable to JdVVNL.

4.3.6. To request JdVVNL for taking up with State Transmission Utility (STU) for up-
gradation of EHV S/S capacity from time to time.

4.4 Brief Roles and Responsibilities of JdVVNL

4.4.1. JdVVNL shall supply the power at Input Points as per its aggregated power supply
and load shedding schedule planned periodically, based on directives issued by
RERC on load shedding and availability of EHV transmission capacity at Input
Points.

4.4.2. JdVVNL shall communicate to DF any shortfall or inability to supply the scheduled
power requirements of the DF.

4.4.3. JdVVNL shall carry out the meter-reading jointly with DF on a monthly basis at
input point of the Franchisee Area.

4.4.4. On request of Distribution Franchisee, JdVVNL employees shall provide


handholding support to the Franchisee for the first 3 months for which the
Franchisee shall have to bear the cost of salary & allowances payable to JdVVNL
employees involved therein.

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4.4.5. JdVVNL may permit deputation of some of its employees working in the Franchisee
Area as on the Effective Date to the Distribution Franchisee subject to the DF
completing the entire selection process within 3 months from the Effective Date
and offer terms and conditions which are not inferior to the terms and conditions
of deputation rules of JdVVNL. Detailed terms of such deputations are given in the
draft Distribution Franchisee Agreement.

4.4.6. JdVVNL shall facilitate approval of RERC of the Investment schemes planned by the
Distribution Franchisee from the 16th year onwards from the effective date.

4.4.7. JdVVNL shall request the State Transmission Utility to upgrade the primary EHV
sub-stations from time to time to meet the growing demand in franchisee area
while the DF shall have to take care of the overloading of 33/11 kV sub-stations.

4.5 Term of Franchisee

The term of the Distribution Franchisee shall be for a period of Twenty (20) years
from the Effective Date.

4.6 Distribution Franchisee Agreement "DFA"

JdVVNL shall enter into an agreement with the DF. This agreement shall govern all
transactions under such arrangement between the Successful Bidder and JdVVNL.
The draft DFA is annexed herewith and marked as Annexure-I. However, JdVVNL
reserves the right to make any amendments to the Agreement in Annexure-I with
mutual agreement with Distribution Franchisee, before the DFA is signed by the
Parties provided that such amendments shall not be in the nature of post bid
financial benefit to the Distribution Franchisee.

4. Se

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5 Process

5.1 Bidding Process

JdVVNL has adopted a single-stage, two-part (Technical Bid and Financial Bid),
open competitive bidding (collectively referred as the Bidding Process) for
selection of a Bidder for award of the Project.

The bidding process would mainly consist of the following stages.

 Issuance of RFP document

 Pre-bid conference

 Submission of Technical and Financial Proposal

 Bid Evaluation & Award of Contract

A diagrammatic representation of the bidding process is as shown below:

Issuance of RFP Document to Bidders

Pre-bid Conference

Submission of Technical & Financial Proposal

Bid Evaluation

Final Award

5.1.1. The bidding process shall be deemed to have been commenced from the date of
issuance of the RFP document. The purpose of this RFP document is to provide
information regarding the proposed Distribution Franchisee Agreement (DFA) in
order to assist them in formulation of their proposals.

5.1.2. A Pre-Bid Conference shall be held by JdVVNL on the date as indicated in the Time
Table as per clause 7.4, the purpose of which shall be to address the concern of
the bidders with respect to RFP document.

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5.1.3. The Bidders shall submit Technical and Financial Proposals in response to the RFP
document on the date as indicated in the Time Table mentioned in Clause 7.4.

5.1.4. The Bidders shall submit an undertaking on non-judicial stamp paper of requisite
value stating that if awarded the project they will form the Special Purpose Vehicle
before executing the DFA. The DFA shall be executed between the SPV
incorporated by the Successful Bidder on one part and JdVVNL on the other part
while the Successful Bidder shall become the confirming party.

5.1.5. In terms of the RFP Document, a Bidder shall be required to submit, along with its
Bid, Tender Fee of Rs. 10,000/- (Rupees Ten Thousand Only) and a processing fee
of Rs. 1,000/- (Rupees One Thousand Only) for submission of online Bid at
http://eproc.rajasthan.gov.in to RISL (the RISL Processing Fee).

5.1.6. As a part of the selection process, Technical Proposal submitted by interested


Bidders in response to RFP document shall be evaluated based on the methodology
and evaluation criteria as detailed in the RFP document. The Bidders are required
to submit their Technical Proposal in the formats placed at Exhibits 1 to 3 of this
document.

5.1.7. Financial Proposal of the Bidders satisfying the technical evaluation criteria shall be
evaluated based on the methodology and evaluation criteria as detailed in this RFP.
The information required to be provided by the Bidders submitting their Financial
Proposal is placed at Exhibits 8 and 9 of this document.

5.1.8. The final award of the Project shall be made by JdVVNL to the Bidder short-listed
after evaluation of the Financial Proposal.

5.1.9. After evaluation of Financial Proposal, in the event two or more Bidders are found
to have quoted the same price, JdVVNL shall invite all such Bidders to make their
revised financial offers through negotiation to identify the most favourable Bidder
to JdVVNL.

5.1.10. The selected Bidder shall be issued the Letter of Intent (LoI) by JdVVNL.

5.1.11. The selected Bidder shall unconditionally accept the Letter of Intent issued by
JdVVNL if selected as a distribution franchisee for the franchisee area, and record
on one (1) copy of the Letter of Intent, Accepted unconditionally under the
signature of the authorized signatory of the selected Bidder and return such copy
to JdVVNL within fifteen (15) days of issuance of Letter of Intent (LoI) by JdVVNL.

5.1.12. The selected Bidder, within thirty (30) days of the date of acceptance of Letter of
Intent, shall submit the Payment Security and Performance Guarantee to JdVVNL

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and consequently execute the Distribution Franchisee Agreement within the


aforesaid period of thirty (30) days;

5.1.13. If the selected Bidder fails to accept the Letter of Intent and / or pay the Payment
Security and Performance Guarantee or execute the Distribution Franchisee
Agreement within the stipulated period, JdVVNL may cancel the Letter of Intent
issued to the selected Bidder and in such an event may identify another Bidder
from amongst the rest of the Bidders as the selected Bidder for award of the
Project through such measures as may be considered appropriate by it in its sole
discretion. Notwithstanding anything contained in this RFP, JdVVNL reserves the
right to accept or reject any bid and to annul the bidding process and reject all
Bids, any time prior to award of the Project without incurring any liability on itself
towards any of the Bidders.

5.1.14. The entire Bidding Process shall be carried out as per the provisions of Rajasthan
Transparency in Public Procurement Act (RTPPA), 2012, Rajasthan Transparency in
Public Procurement Rules (RTPPR), 2013 and amendments issued thereafter
through e-Procurement System at http://eproc.rajasthan.gov.in

5.1.15. Bidders shall submit/upload their Technical Bids and Financial Bids in separate files
at http://eproc.rajasthan.gov.in as per the provisions of this RFP Document.

5.1.16. The provisions of RTPPA, 2012, RTPPR, 2013 and amendments issued thereafter
thereto shall be applicable for this Bidding Process. Furthermore, in case of any
inconsistency in any of the provisions of this RFP Document on one part with the
RTPPA, 2012, RTPPR, 2013 and amendments issued thereafter thereto on the
other part, the later shall prevail.

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6 Qualification Criteria

6.1 Technical Proposal

S. No. Qualification Requirement Documents Required

1 General Criteria

1.1 Consortium Bidding is not allowed The following documents needs to be submitted
duly certified by the Company Secretary and
1.2 Overseas experience (both technical and Authorised Signatory of Bidder:
financial) for qualification requirement for
Copy of Certificate of Registration issued by
the Bid shall not be considered
the Registrar of Companies
1.3 The Bidder shall be a public limited Copy of the Board resolution by Affiliates
company registered under the Indian BoD (In case technical/financial credentials
Companies Act 1956 / 2013 which meets of the Affiliate are being used by the Bidder)
the conditions of Code of Conduct issued
Copy of Memorandum of Association &
by Ministry of Power, Govt. of India for
Article of Association of the Bidder
grant of Distribution Business License
(enclosed at Exhibit 12 ); Copy of Audited Annual Reports for each of
the three financial years preceding FY 2015-
2016

Certified True Copy of Power of Attorney


passed by the BoD of the Bidder nominating
Authorised Signatory for signing of the Bid

1.4 The Bidder shall not be Undertaking by Bidder (and Affiliate also, in
blacklisted/debarred by any Department / case technical/financial credential of the
Undertaking of Government of Rajasthan Affiliate is being used by the Bidder)
or any State Government or by regarding Non-blacklisting / Not-debarred on
Government of India or debarred by court Non-judicial Stamp Paper of Rs. 100/-
of law

2 Financial Criteria

2.1 The minimum Net Worth of the Bidder The following documents needs to be submitted
shall be Rs. 170 crores for the financial duly certified by the Statutory Auditor of the
year preceding the year of Bid Due Date. Bidder / Affiliate (in case the credential of
Affiliate is being used):
Net Worth shall mean Paid up Share
Capital + Share/Securities Premium + Audited Annual Accounts for the respective
Reserves & Surplus (excluding revaluation financial year which is being used for
reserves) miscellaneous expenditure to meeting the Net Worth / Gross Cash Accrual
the extent not adjusted or written off criteria
Debit Balance of Profit & Loss A/C

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S. No. Qualification Requirement Documents Required


A certificate from the Authorised Signatory of
2.2 The average Gross Cash Accruals of the
the Affiliate is required stating the
Bidder of last three financial years
relationship with the Bidder and the Affiliate
preceding the year of Bid Due Date of the
along with clear consent to use Affiliates
bidder shall be positive;
Credential for the Qualification Requirements
(in case the credential of Affiliate is being
used)

Certified True Copy of the Board resolution


for appointment of statutory auditor of the
Bidder or its Affiliates (in case the credential
of Affiliate is being used)

The equity stake of the Affiliate as on seven (7)


days prior to the Bid Due Date shall be more
than 50% in the Bidder company

3 Technical Criteria

The Bidder as a Distribution Franchisee Original Certificate issued from the


shall have experience of satisfactorily concerned authority of the Utility/Board/
handled atleast 28,514 consumer in the Department certifying satisfactory
activities of distribution of electricity performance of the Bidder (or Affiliate of the
including construction, operation and Bidder, in case Affiliate poses the relevant
maintenance of distribution system, experience) as Distribution Franchisee in
metering, billing and revenue collection, each of the preceding three financial years
continuously for last three (3) financial and mentioning the number of consumers
years immediately preceding the year in satisfactorily handled in each of the three
which the bidding is done years.

OR The Bidder shall have ownership of at Copy of certificate of Commercial Operation


least one (1) 250 MW Power Generation Date (COD) for at least 250 MW power
Project under Commercial Operation generation issued by Central/State Authority
duly certified by the Company Secretary and
Authorised Signatory of Bidder and
Authorised Signatory of the Affiliate (in case
Affiliate poses the relevant experience)

OR The Bidder shall have Power Transmission Copy of Power Transmission / Electricity
/ Distribution License from an Appropriate Distribution License issued by Central/State
Commission under Section 14 of EA'03 for Authority duly certified by the Company
a period of at least three (3) financial Secretary and Authorised Signatory of Bidder
years immediately preceding the year in and Authorised Signatory of the Affiliate (in
which the bidding is done case Affiliate poses the relevant experience)

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6.1.1. The Technical and Financial criteria can be met either by the Bidder and/or by the
Affiliate(s) of such Bidder.

6.1.2. Bidder shall furnish details, in support of its meeting the Financial Criteria as
specified in Clause 6.1 of this RFP, in the prescribed format as per Exhibit-3
(Financial capability) and documentary evidence duly certified by any full time
director on the Board of the Company and the statutory auditor of the Affiliate, if
applicable.

6.1.3. Authorization for use of financial criteria shall have to be provided from its
Affiliate(s) as per Exhibit-4, in cases where the Bidder has used the financial
credentials of its Affiliate(s). The financial credentials of a particular Company shall
not be used by more than one Bidder.

6.1.4. The determination of the relationship of the Affiliate(s) with the Bidder shall be on
the day seven (7) prior to the Bid Deadline. Documentary evidence to establish
such relationship shall be furnished by the Bidder along with the Technical Bid. The
Bidder shall have to provide information and documents establishing its
relationship with such Affiliate, if applicable, including details about the equity
shareholding between them as per Exhibit 5.

6.1.5. Strict adherence to the formats wherever specified, is required. Wherever


information has been sought in specified formats, the Bidder shall refrain from
referring to brochures/ pamphlets. Non-adherence to formats and/ or submission
of incomplete information may be grounds for declaring the Bid non- responsive.
Each format has to be duly signed and sealed by the Bidder.

6.1.6. The qualified Bidder will be required to continue to maintain compliance with the
Qualification Requirements throughout the Bidding Process and till the execution of
the DFA. In case the financials (Net Worth and Gross Cash Accruals) of an Affiliate
have been provided to meet-out the eligibility criteria the Bidder shall continue to
maintain the relationship with such Affiliate till the execution of the DFA. Failure to
comply with the aforesaid provisions shall make the Bid liable for rejection at any
stage with consequential effects as per this RFP.

6.1.7. A Bidder shall submit only one Bid in response to the RFP issued by JdVVNL for a
Franchisee Area. It is further clarified that any of the Affiliate(s) of the Bidder shall
not separately participate directly or indirectly in the Bidding Process for the same
RFP. Further, if any Bidder is having a Conflict of Interest with other Bidders
participating in the Bidding Process against a particular RFP, the Bids of all such
Bidders shall be rejected.

6.1.8. For meeting the technical criteria through the affiliate(s), the equity stake of the
bidder as on seven (7) days prior to the Bid Deadline shall be more than 50% in
the affiliates company.

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6.1.9. For meeting the financial criteria through the affiliates, the equity stake of the
affiliate as on seven (7) days prior to the Bid Deadline shall be more than 50% in
the bidder.

6.2 Financial Proposal

6.2.1. The Bidders are required to bid for annualized Input Rate for power to be injected
by JdVVNL at Input Points in the Franchisee Area for the entire term of DFA. The
bidders are required to submit a detailed Financial Proposal as per the Exhibits 8
and 9.

6.2.2. The annualized Input Rate, as quoted by the Bidders shall be exclusive of
Electricity Duty (ED), Tax on Sale of Electricity (ToSE), Municipal Taxes (MT) and
any other taxes/levies/duties that have been levied by the State Government.
However, it shall inclusive of Subsidy on electricity tariff offered by the State
Government.

6.2.3. The bidders shall not quote annualized Input Rate for any year either below or
equal to the Minimum Benchmark Input Rate specified for each year by JdVVNL in
Exhibit 9.

6.2.4. The rates in Exhibit 9 shall be quoted up to 3 decimal places. The following shall
form essential conditions of the financial proposal:

(i) The rate quoted for a particular year shall not be less than the rate quoted for any
of the preceding years.

(ii) The rate quoted for any year shall not be less than the Minimum Benchmark Input
Rate for that year. This provision shall be applicable to the rate quoted for the first
year also.

6.2.5. The Evaluation of Financial Proposals submitted by the technically qualified Bidders
shall be carried out by comparing the present value of the revenue derived on the
basis of the annualized Input Rate for entire term of DFA, computed at a 13.10%
(discount rate to be used for Financial Bid evaluation as per CERC notification
dated 7th October 2013) and the estimated energy input as mentioned in the
Exhibit-9.

6.2.6. The methodology for computation of present value of revenue is explained with the
help of an exhibit below:

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Estimated Energy Input Annualized Input Rate (To be quoted by


Year
(MUs) the Bidder) Rs./kWh

1 400 1.90

2 450 2.10

3 530 2.35

4 600 2.50

5 625 2.75

Assuming discounting rate as 10%, the present value shall be calculated as:

Annualised Input Present value of the


Estimated Revenue
Discounting Rate (To be quoted
Year Energy Input
Factor by the Bidder) (E= B x C x D x
(MUs)
Rs./kWh 1000000)

(A) (B) (C) (D) (E)

Base Year 1 68,40,00,000.00

1 0.90 400 1.90 76,54,50,000.00

2 0.81 450 2.10 90,92,15,000.00

3 0.73 530 2.35 99,00,00,000.00

4 0.66 600 2.50 101,40,62,500.00

5 0.59 625 2.75 436,27,27,500.00

Total 68,40,00,000.00

6.2.7. The objective of the evaluation of the Financial Proposal is to shortlist a Bidder who
has offered the maximum present value for the power to be injected by JdVVNL at
Input Points in the Franchisee Area.

6.2.8. The Bidders may note that Input Rates to be quoted by them shall be exclusive of
taxes and Electricity Duty payable by the Distribution Franchisee to the
Government of Rajasthan.

6.2.9. The Bidder short-listed after evaluation of Technical Proposal and who has quoted
the maximum present value for the power injected by JdVVNL at Input Points, in
the Financial Proposal, will ordinarily be selected for awarding the Project.
However, JdVVNLs decision in the matter shall be final and binding on the bidders.

6.2.10. Any conditional Financial Proposal is liable for rejection.

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7 Instructions to Bidders

A single stage two-part (Technical Bid and Financial Bid) e-procurement system shall be
followed for the Bid as per the RTPP Act 2012 and RTPP Rules 2013 and the Bidders would
be required to make the submissions in the following manner:-

(i) Technical Bid, including Fee details (Tender Fee, RISL Processing Fee, EMD / Bid
Security) in PDF format

(ii) Financial Bid in MS-Excel format

7.1 Submission of Technical Proposal

The Technical Proposal shall consist of the following documents in a manner as


specified in Exhibit 1 to 7:

S. No. Document Type Document Format

Covering Letter of Technical as per the format specified at Exhibit 1


1
Proposal (in PDF Format)

as per the format specified at Exhibit 2


2 Letter of Commitment
(in PDF Format)

Format for Qualification as per the format specified at Exhibit 3


3
Requirement (in PDF Format)

Format for Authorization Letter


as per the format specified at Exhibit 4
4 from Affiliate of Bidder to use its
(in PDF Format)
financial capability for bidding

Format for Financial requirement -


as per the format specified at Exhibit 5
5 Relationship & details of equity
(in PDF Format)
shareholding

Undertaking regarding non- as per the format specified at Exhibit 6


6
Blacklisting (in PDF Format)

as per the format specified at Exhibit 7


7 Letter of Acceptance
(in PDF Format)

Scanned copy of Demand Draft/Bankers


8 Tender Fee
Cheque (in PDF Format)

Scanned copy of Demand Draft/Bankers


9 RISL Processing Fee
Cheque (in PDF Format)

10 Bid Security/ EMD Scanned copy of BG (in PDF Format)

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7.2 Submission of Financial Proposal

The Financial Proposal, organized in a manner as specified in Exhibits8 and 9


should be uploaded in PDF and MS-Excel formats respectively:

S. No. Document Type Document Format

Covering Letter of as per the format specified at Exhibit 8


1
Financial Proposal (in PDF Format)

as per the format specified at Exhibit 9


2 Financial Proposal
(in MS-Excel format given on e-procurement site)

7.2.1. Bid shall be submitted in two separate files i.e. (i) Technical Bid (in PDF format)
and (ii) Financial Bid (in PDF/MS-Excel format as specified hereinabove in clause
7.2). Technical Bid and Financial Bid shall contain all documents/information as set
forth in this RFP Document and in the format and manner as detailed in Clauses7.1
& 7.2 herein. JdVVNL shall not be responsible for any delay in receipt of the
Proposal. Each page of the Proposal should be initialized by the authorized
signatory of the Bidder and the bid should be accompanied by a letter of
authorization in the name of the person who has signed the bid. The Bid Due Date
for submission of proposals shall be as per clause 7.4 of this RFP document.
However, JdVVNL reserves the right to extend the Bid Due Date, if deemed
necessary.

7.2.2. Bid shall be submitted/uploaded online on http://eproc.rajasthan.gov.in


only. To participate in the bid Bidders must register on
http://eproc.rajasthan.gov.in

7.2.3. To participate in online Bidding Process, Bidders must procure a Digital


Signature Certificate (Type III) as per Information Technology Act-2000
using which they can digitally sign their Bids. Bidders can procure the
same from any Controller of Certifying Authorities (CCA) approved
certifying agency, i.e. TCS, Safecrypt, Ncode etc. Bidders who already
have a valid Digital Signature Certificate (DSC) need not procure a new
DSC.

7.2.4. Bid (Technical Bid and Financial Bid) submitted/uploaded on


http://eproc.rajasthan.gov.inshall be digitally signed with DSC of the
Authorised Signatory.

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7.3 Fee and Deposits

RFP Document Fee

7.3.1. The Bidder shall pay JdVVNL a non-refundable amount of Rs. 10,000/- [inclusive of
applicable tax, if any], towards RFP document fee, by way of crossed Demand
Draft/ Pay Order, drawn on a Nationalised/ Scheduled bank, in favour of
Accounts Officer (CPC), Jodhpur Vidyut Vitaran Nigam Limited payable
at Jodhpur.

RISL Processing Fee

7.3.2. The Bidder shall pay JdVVNL a non-refundable amount of Rs 1,000/- [inclusive of
applicable tax, if any], towards RISL processing fee, by way of crossed Demand
Draft/ Pay Order, drawn on a Nationalised/ Scheduled bank, in favour of
Managing Director, RISL payable at Jaipur.

7.3.3. Along with submission of Bid on http://eproc.rajasthan.gov.inthe Bidders shall


upload scanned copies of Demand Draft/Bankers Cheque for RISL Processing Fee,
RFP document fee and EMD/Bid Security. Non-submission of the above shall lead
to non-acceptance of the Bid submitted/uploaded by the Bidder. Bids, which are
not accompanied by the above document fee/ receipt, shall be rejected by JdVVNL
as non-responsive.

7.3.4. The Bidder shall be responsible for all the costs associated with the preparation of
the proposal and participation in discussions and negotiations. JdVVNL shall not be
responsible in any way for such costs, regardless of the conduct or outcome of this
process.

Earnest Money Deposit (EMD)/Bid Security

7.3.5. Each Bidder shall furnish Earnest Money Deposit (EMD) for an amount of
Rs. 13.60 Crore in the form of Demand Draft drawn on a Nationalised /Scheduled
bank, in favour of Accounts Officer (CPC), Jodhpur Vidyut Vitran Nigam Limited,
Jodhpur payable at Jaipur OR in the form of Bank Guarantee from a
Nationalised /Scheduled bank as per format attached as Exhibit 10.
The Bank Guarantee shall remain valid for a period of 6 months beyond
the Bid Due Date and JdVVNL should be able to invoke the Bank
Guarantee at any of the Banks branch located at Jodhpur.

7.3.6. After submission of Bid on http://eproc.rajasthan.gov.in the Bidders shall submit


original Demand Draft/Bankers cheque for RISL Processing Fee, RFP document fee

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and Bank Guarantee for EMD/Bid Security as per the date, time and venue
mentioned in Schedule of Bidding Process. Non-submission of the above shall lead
to non-acceptance of the Bid submitted/uploaded by the Bidder. Bids, which are
not accompanied by the above document fee/ receipt, shall be rejected by JdVVNL
as non-responsive.

7.3.7. JdVVNL shall not be liable to pay any interest on the amount of Earnest Money
Deposit

7.3.8. Proposals, which are not accompanied by the above EMD, shall be rejected by
JdVVNL as non-responsive.

7.3.9. For unsuccessful Bidders, the EMD shall be refunded within 60 days from bid
opening date.

7.3.10. For successful Bidder, EMD shall be released on furnishing the security deposit and
performance guarantee.

7.3.11. The following shall cause the forfeiture of EMD.

 If the Bidder modifies/ withdraws its Proposal except as per the provisions
specified in the RFP;

 If the Bidder withdraws its proposal before the expiry of the validity period
of the Proposal;

 If the Bidder submits a conditional Bid

 If the successful Bidder fails to provide the performance guarantee and


security deposit and execute the DFA within the stipulated time or any
extension thereof agreed by JdVVNL;

 If any information or document furnished by the Bidder turns out to be


misleading or untrue in any material respect.

 If the selected Bidder does not accept the Letter of Intent unconditionally
within fifteen (15) days of issue of Letter of Intent or the period as
extended by JdVVNL;

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7.4 Time Table and Milestones

Appointment of Input plus Investment based Distribution Franchisee for


Project Summary
Distribution and Supply of Electricity in Bikaner City Circle (TN 01)

The area falling under Bikaner City Circle under the jurisdiction of Jodhpur
Franchisee Area
Vidyut Vitran Nigam Limited (JdVVNL)

Availability of Bid Document can be downloaded from the following websites:


Documents http://eproc.rajasthan.gov.in, http://www.jdvvnl.com

Date & Time for Start Date : 21Oct2016


Downloading the Bid
Documents End Date : 20Dec2016 upto 3:00 PM Only

Pre-bid Meeting 7Nov2016 at 11:30 AM at Conference Hall, Vidyut Bhawan, Jaipur

Bid Due Date (last date and 20Dec2016 upto 3:00 PM Only on Rajasthan E-procurement
time of submission of Bids) website i.e. http://eproc.rajasthan.gov.in

Rs. 13.60 Crore (Rupees Thirteen Crore Sixty Lakh Only) by a crossed
Earnest Money Deposit
Demand Draft / Bank Guarantee in favour of "Accounts Officer (CPC),
(EMD)
JdVVNL" payable at Jodhpur.

Rs. 10,000/- (Rupees Ten Thousands Only) by a crossed Demand Draft


Tender Document Fee
in favour of "Accounts Officer (CPC), JdVVNL" payable at Jodhpur.

Rs. 1,000/- (Rupees One Thousand) by a crossed Demand Draft in


RISL Processing Fee
favour of "Managing Director, RISL" payable at Jaipur.

Date, Time & Place for


Submission of Duly Signed 20Dec2016 upto 3:00 PM Only at the office of the undersign:
Hardcopy of the Bid
Document and Depositing
Original EMD, Tender
Document Fee and RISL Superintending Engineer (RA & C)
Processing Fee Jodhpur Vidyut Vitran Nigam Limited (JdVVNL)
New Power House Premises, Industrial Area
Bid shall be Addressed to Jodhpur 342 003
and Place of Opening of Bids

Part I : Technical Bid shall be opened on 21Dec2016 at 1:00 PM


of those Bidders who have submitted signed hardcopy of the
Tender document and deposited Original EMD, Tender
Date & Time of Opening of Document Fee and RISL Processing Fee to JdVVNL as per the
Bids date & time mentioned above.
Part II : Date & Time for Opening of Price Bid shall be intimated to all
the technically qualified bidders by JdVVNL.

Contact No. Telephone: 0291 2742227 Fax No.: 0291 5106366

Email Address seracomml@yahoo.com , xenpppjodhpurdiscom@gmail.com

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7.5 Opening of Technical Proposal

7.5.1. The Technical Proposal shall be opened as per the date, time and venue mentioned
in Clause 7.4 of this RFP Document. If Bidder wishes, one representative from each
Bidder can be present at the time of Technical Bid opening. The details regarding
the Technical Proposal, as provided in the Exhibit 3 would be read out.

7.5.2. All the documents comprising of Technical Bid shall be downloaded from
http://eproc.rajasthan.gov.in. Bids of only those Bidders who have submitted the
original Demand Draft /Bankers Cheque for RISL Processing Fee, RFP document
Fee and Bank Guarantee for EMD/ Bid Security as per the date, time and venue
mentioned in Clause 7.4 of this RFP Document shall be opened.

7.6 Responsiveness

7.6.1. The Bid is liable to be declared non-responsive in the following events:

It is not received by the Bid Due Date and time specified in the RFP. JdVVNL
does not take any responsibility for any delay in receiving the required
documents by the Due Date and time. The e-procurement system shall not
accept any Bid after the last date and time for submission of Bids specified in
Clause 7.4.

Note: The Bidders are advised to upload their Bids well in time to avoid last
moment rush.

It is not accompanied by the required RFP document fee and RISL Processing
Fee

It is not accompanied by a valid Earnest Money Deposit / Bid Security

If any of these documents are not enclosed with the Bid, the technical-bid shall not
be opened.

7.6.2. The technical-bids submitted by Bidders shall be initially examined to establish


Responsiveness. A Bid may be deemed Non-Responsive by JdVVNL if it does
not satisfy any of the following conditions:

It does not include sufficient information including documentary proof towards


the eligibility criteria for it to be evaluated and/ or it does not comply strictly
with the formats specified.

It is not signed and/ or sealed in the manner and to the extent indicated in this
RFP document.

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The bidder seeks deviations on the RFP document and/or draft DFA document.

If the bidder fails to submit the undertaking regarding non-


blacklisting/debarment or termination of any of the past contracts in the format
mentioned at Exhibit 6.

If the proposal submitted by the Bidder is not firm, revocable and is not valid
for atleast six months beyond the Bid Due Date.

If the Bidder does not provide all information including Technical & Financial
capabilities in the formats prescribed in the Exhibits of this RFP document.

If the Bidder does not submit a signed hard-copy of the RFP document
including Distribution Franchisee Agreement (DFA) as per the scheduled
mentioned in this RFP each page duly initialled by authorized representative of
the Bidder

If any of the above cited conditions are not fulfilled, the bids shall be considered as
non-responsive and their financial bid shall not be opened.

7.7 Opening of Financial Proposal

7.7.1. Date & Time for opening of financial proposal shall be notified by JdVVNL to those
Bidders who have been shortlisted after evaluation of Technical Bids. If bidder
wishes, one representative from each Bidder can be present at the time of
Financial Bid Opening.

7.7.2. Information relating to the examination, clarification, evaluation and


recommendation for the short listed Bidders shall not be disclosed to any person
not officially concerned with the process. JdVVNL would treat all information
submitted as part of the proposal in confidence and will ensure that all who have
access to such material, treat it in confidence. JdVVNL would not divulge any such
information unless ordered to do so by any Government authority that has the
power under law to require its disclosure.

7.8 Validity of Terms of Bids

Each Proposal shall indicate that it is a firm and irrevocable offer, and shall remain
valid and open for a period of not less than six months from the date of opening of
Technical Proposal. Non-adherence to this requirement may be a ground for
declaring the Proposal as non-responsive. In exceptional circumstances, JdVVNL
may solicit the Bidders consent for extension of the period of validity. A Bidder

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accepting JdVVNL request for extending the period of validity shall not be
permitted to modify its Proposal. A Bidder may refuse to extend the validity of its
Bid without being liable for forfeiture of its EMD on account of such refusal.

7.9 Amendment/Corrigendum/Addendum in the RFP Document

7.9.1. At any time prior to the Bid Due Date, the Authority may for any reason, whether
on its own initiative or as a result of a response to a query received during Pre-Bid
Conference, modify the RFP Document/extend Bid Due Date by issuing
Amendment/Corrigendum/Addendum.

7.9.2. The Amendment/Corrigendum/Addendum shall be published on


http://www.jdvvnl.com and http://eproc.rajasthan.gov.in. Each such
Amendment/Corrigendum/Addendum shall become part of the RFP Document
which should be signed by the Bidder and submitted along with the Bid.

7.10 Language of the Bid

The bid and all associated documents shall be in English language only. All
communication and information should be provided in writing and in the English
language only.

7.11 Other Instructions

7.11.1. The Bids, that are incomplete in any respect and/or are not consistent with the
requirements as specified in this RFP; and/or do not contain the Covering Letter,
Letter of Commitment, and Letters of Acceptance as per the specified formats;
would be considered non-responsive and would be liable for rejection.

7.11.2. After submission of Bid on http://eproc.rajasthan.gov.inthe Bidders shall submit a


signed hard copy of the RFP document including Distribution Franchisee Agreement
as per the date, time and venue mentioned in Clause 7.4 of this RFP Document
otherwise bid would be considered non-responsive and would be liable
for rejection. The bidder shall sign each and every page of the RFP document
including the Annexure i.e. DFA issued to them and shall submit on the date
mentioned in the Clause 7.4 of this RFP document.

7.11.3. Strict adherence to formats, wherever specified, is required. Non-adherence to


formats may be a ground for declaring the Proposal non-responsive. However, in
case of Exhibit 2, if a bidder is unable to provide a letter of commitment as
prescribed along with the proposal, the bidders shall have to provide an

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for Distribution and Supply of Electricity in Bikaner City Circle (TN 01) Proposal (RfP)

undertaking on a non-judicial stamp paper of requisite value that if awarded the


work, they will produce the letter of commitment before the signing of the DFA.

7.11.4. All the communication and information provided should be legible, and wherever
the information is given in figures, the same should also be mentioned in words.

7.11.5. No change in, or supplementary information to a Proposal shall be accepted after


its submission. However, JdVVNL reserves the right to seek additional
information/documents/clarification from the Bidders, if found necessary, during
the course of evaluation of the Proposal. Non-submission, incomplete submission
or delayed submission of such additional information or clarifications sought by
JdVVNL, may be a ground for rejecting the Proposal.

7.11.6. The Bids shall be evaluated as per the criteria as specified in this RFP.

7.11.7. The Bidder should designate one person holding a Power of Attorney as per the
format attached in Exhibit-11(Contact Person and Authorized Signatory) to
represent the Bidder in its dealings with JdVVNL. This designated person should be
authorized to perform all tasks including but not limited to providing information,
responding to queries/clarification, entering into contractual commitments on
behalf of the Bidder, etc.

7.11.8. If any claim made or information provided by the Bidder in the Proposal or any
information provided by the Bidder in response to any subsequent query of
JdVVNL, is found to be incorrect or is a material misrepresentation of facts, then
the Proposal may be liable for rejection.

7.11.9. JdVVNL reserves the right to reject any or all the Proposal without assigning any
reasons whatsoever.

7.11.10. Bidders intending to submit the proposal may contact Superintending Engineer
(O&M), Bikaner City Circle, JdVVNL for due diligence and clarification of queries
related to Franchisee Area before submitting their proposal.

Page 41 of 68
Appointment of Input plus Investment based Distribution Franchisee Request for
for Distribution and Supply of Electricity in Bikaner City Circle (TN 01) Proposal (RfP)

Exhibit 1: Covering Letter for Technical Proposal

(The covering letter is to be submitted by the Bidder along with the Technical
Proposal. This should be on the Bidders letterhead.)

Date:
Place:
To,

The Superintending Engineer (RA&C)


Jodhpur Vidyut Vitran Nigam Limited,
New Power House, Industrial Area,
Jodhpur 342003

Sub: Distribution Franchisee for Bikaner City Circle

Dear Sir,

With reference to Request for Proposal (RFP) document issued by JdVVNL on DD/MM/YYY,
I/we, having examined the RFP and DFA Documents and having understood their contents,
hereby submit my/our Bid for the aforesaid Project.

1. I/We acknowledge the receipt of RFP Documents together with its


amendment/corrigendum/addendum/clarifications issued from time to time by
JdVVNL and hereby agree & undertake to abide by all the terms and conditions of
the RFP documents read in conjunction with its amendment(s)/corrigendum(s)/
addendum(s)/clarification(s) issued by JDVVNL.

2. I/We agree and understand that our Bid is subject to the provisions of the RFP
Documents / addenda / errata / corrigenda and in case of any deviation(s)/
exception(s)/ variation(s) observed in our Bid with respect to any provision(s) of RFP
Documents / addenda / errata / corrigenda, the provisions of RFP documents /
addenda / errata / corrigenda shall prevail.

3. I/ We certify that all information provided herein is true and correct; nothing has
been omitted or concealed; and all documents accompanying the Bid are true copies
of their respective originals. We would be solely responsible for any errors or
omissions in our Technical Proposal.

4. I/ We undertake to make available to JdVVNL any/all additional information found


necessary or required to supplement or authenticate the Bid.

5. I/ We acknowledge the right of JdVVNL to reject our Bid without assigning any
reason thereof.

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Appointment of Input plus Investment based Distribution Franchisee Request for
for Distribution and Supply of Electricity in Bikaner City Circle (TN 01) Proposal (RfP)

6. I/ We declare that:

(a) I/ We have examined and have no reservations to the Bidding Documents,


including any addendum /corrigenda issued by JdVVNL;

(b) I/ We do not have any conflict of interest in accordance with the RFP
document;

(c) I/We have not directly or indirectly or through any agent engaged or indulged
in any corrupt practice, fraudulent practice, coercive practice, undesirable
practice or restrictive practice, as defined in the RFP document, in respect of
any tender or Request for Proposal issued by or any agreement entered into
with JdVVNL or any other public sector enterprise or any government, any
agency of Central or State; and

(d) I/ We hereby certify that we have taken steps to ensure that in conformity
with the provisions of the RFP, no person acting for us or on our behalf has
engaged or will engage in any corrupt practice, fraudulent practice, coercive
practice, undesirable practice or restrictive practice; and

7. I/ We understand that JdVVNL may cancel the Bidding Process at any time without
assigning any reason thereof and that JdVVNL is neither bound to accept any of the
Bids that it may receive.

8. I/ We hereby undertake not to challenge or question any decision taken by JdVVNL


in connection with the selection of the Bidder through this Bidding Process, in respect
of the above mentioned Project and the terms and conditions thereof.

9. In the event I/we being declared as the Successful Bidder, I/we agree to execute
Distribution Franchisee Agreement in accordance with the draft of such agreement
which forms a part of the bidding document and we confirm that we shall abide by
the terms and conditions of Distribution Franchisee Agreement without any
reservation and shall enter in to the Distribution Franchisee Agreement within the
prescribed period of 30 days from the date of issue of Letter of Intent by JdNNVL.

10. We also commit to fulfil all other conditions with respect to furnishing Letter of
Credit, Performance Security as stipulated in RFP

11. I/we have studied the RFP document / addenda / errata/ corrigenda carefully and
also surveyed the Franchisee Area. We understand that as set forth in the
Distribution Franchisee Agreement, we shall have no claim, right or title arising out
of any document or information provided to us by anyone in respect of any matter
arising out of or relating to the Bidding Process including the award of the Project.

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Appointment of Input plus Investment based Distribution Franchisee Request for
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I/we hereby confirm the following:

12. I/we desire / do not desire to get credited for the financial strength of our
Affiliate(s), and/or technical experience & track record of our Affiliate(s). My/our
Technical Proposal includes (only if desired to be credited for Affiliate(s) strength)
the Letter(s) of Commitment in the format specified in RFP, from
_________________(mention name of the corporate entities that are Affiliate(s) /,
who is/are the Affiliate(s) / as per the conditions stipulated in the RFP, of
______________(mention name(s) of the Bidder / respective Member Companies).

13. I/we as the Bidder, designate Mr./Ms. ___________ (mention name, designation,
contact address, phone no., fax no. etc) as my/our representative who is authorized
through Power of Attorney as per Exhibit 11 to perform all tasks including but not
limited to providing information, responding to queries, providing clarifications and
entering into contractual commitments on behalf
of______________________________________________, in respect of the Project.

14. I/we agree and understand that the Bid is subject to the provisions of the RFP
Documents. In no case, I/we shall have any claim or right of whatsoever nature if the
Project is not awarded to me/us or my/our Bid is not opened or rejected.

15. My/our Bid shall remain valid for a period of 180 (one hundred and eighty) days from
the Bid Due Date.

16. I/we submit this Bid under and in accordance with the terms of the RFP document.

For and on behalf of :

Signature :
(Authorised Signatory)

Name of the Person :


Designation :

Date:
(Please also affix Bidders rubber stamp)

Page 44 of 68
Appointment of Input plus Investment based Distribution Franchisee Request for
for Distribution and Supply of Electricity in Bikaner City Circle (TN 01) Proposal (RfP)

Exhibit 2: Letter of Commitment

(The letter of Commitment to be submitted, along with the Technical Proposal,


shall be from the Affiliate(s) if any, the strengths of which are desired to be
considered for the purpose of evaluation of the Technical Proposal)

[On the Letterhead of the Affiliate(s)]

Date:
Place:
To,

The Superintending Engineer (RA&C)


Jodhpur VidyutVitran Nigam Limited,
New Power House, Industrial Area,
Jodhpur 342003

Sub: Distribution Franchisee for Bikaner City Circle

Dear Sir,

This has reference to the Technical Proposal being submitted by M/s .<Name
of the Bidder>, in respect of Distribution Franchisee for Bikaner City Circle (Project), in
response to the Request for Proposal (RFP) document issued by JdVVNL on DD/MM/YYYY.

We hereby confirm our consent to information mentioned in the following:

 The Request for Proposal document issued by JdVVNL;

 All subsequent communications between JdVVNL and the Bidder, represented by


______________ (name of the Bidder) ;

 The Technical Proposal being submitted by ________________ (name of the


Bidder).

2. We undertake to support _____________(name of the Bidder for which the Letter of


Commitment is being furnished) as detailed in the Technical Proposal being submitted by
_____________(name of the Bidder).

3. We therefore request JdVVNL to consider our strengths, experience, and our track
record as specified in the Proposal pursuant to the conditions specified in the RFP, for
the purposes of evaluation of the Technical Proposal submitted by -------------------(name
of the Bidder).

Page 45 of 68
Appointment of Input plus Investment based Distribution Franchisee Request for
for Distribution and Supply of Electricity in Bikaner City Circle (TN 01) Proposal (RfP)

For and on behalf of :

Signature :

{Authorised Signatory authorised by the Board of Directors of Affiliate(s)/Power of Attorney}

Name of the Person :

Designation :

Note:

 The Bidder shall also attach the Board resolution to be passed by the Affiliate(s) of
the Bidder where credentials of such Affiliate(s) have been used to meet the
qualification requirements prescribed in RFP document.

 The Bidder shall also attach the Board resolution/Power of Attorney to be passed by
the Affiliate(s) of the Bidder for the authorised signatory.

Date:

(Please also affix Affiliate's rubber stamp)

Page 46 of 68
Appointment of Input plus Investment based Distribution Franchisee Request for
for Distribution and Supply of Electricity in Bikaner City Circle (TN 01) Proposal (RfP)

Exhibit 3: Information Requirement for Technical Proposal

FORM- 3A
Format for Qualification Requirement
[On the Letter Head of the Bidder]

To,

The Superintending Engineer (RA&C)


Jodhpur Vidyut Vitran Nigam Limited,
New Power House, Industrial Area,
Jodhpur 342003

Sub: Distribution Franchisee for Bikaner City Circle

Dear Sir,

1. [Note: Applicable when Bidder Possesses Experience in Handling Consumer


Base on its Own as a Distribution Franchisee or Distribution Licensee]

This is to certify that M/s. <Insert name of Bidding Company> have the
experience of handling a consumer base for the financial years as tabulated below, in
the activities of distribution of electricity including construction, operation and
maintenance of distribution system, metering, billing and revenue collection:

Number of consumers in
Financial year Number of consumers in words
figure

(1) (2) (3)

FY 2015-16

FY 2014-15

FY 2013-14

2. [Note: Applicable when the Bidder owns equity in the Company (Affiliate)
which in turn possesses experience in handling Consumer Base]

This is to certify that M/s. .<Insert name of the Bidder>, owns


%<Insert the percent of Equity shareholding>of equity in the
Company(ies).<Insert the name of the Company>which have the
experience of handling consumer base for the financial years as tabulated below, in
the activities of distribution of electricity including construction, operation and
maintenance of distribution system, metering, billing and revenue collection.

Page 47 of 68
Appointment of Input plus Investment based Distribution Franchisee Request for
for Distribution and Supply of Electricity in Bikaner City Circle (TN 01) Proposal (RfP)

Number of
Financial Number of Consumers in
Name of Affiliate consumers in
year Word
figure

(1) (2) (3) (4)

FY 2015-16

FY 2014-15

FY 2013-14

3. [Note: Applicable when Bidder owns Power Generation Company]

This is to certify that M/s. <Insert name of Bidding Company>have had


the ownership of Power Generation Company for the project with installed capacity
mentioned against each project as tabulated below,

Date of Commencement of
Name of the Project commercial Installed Capacity
considered for qualification operations(COD) [DD/ MM/ (MW)
YYYY]

(1) (2) (3)

Project 1

Project 2

Project 3

4. [Note: Applicable when the Bidder owns equity in the Company which in
turn owns the Power Generation Project(s)]

This is to certify that M/s. .<Insert name of the Bidder>, owns Equity
share holding as indicated below in the Company (ies which own(s)grid connected
Power Generation Project(s)as shown against the respective Company:

Page 48 of 68
Appointment of Input plus Investment based Distribution Franchisee Request for
for Distribution and Supply of Electricity in Bikaner City Circle (TN 01) Proposal (RfP)

Date of
Name of the
Commencement of Installed Shareholding
Name of the Project
commercial Capacity of Bidder
Affiliate considered for
operations (COD) [DD (MW) (in %)
qualification
/ MM / YYYY]

(1) (2) (3) (4) (5)

[Company 1]

[Company 2]

[Company 3]

5. [Note: Applicable when Bidder Possesses Experience in Transmission]

This is to certify that M/s. <Insert name of Bidding Company> have the
experience of transmission with due power transmission license from the concerned
authority under Section 14 of Electricity Act 2003 in the activities of transmission of
electricity including construction, operation and maintenance of transmission system
as per details below:

Name of the Project Reference to Length of Line


considered for Capacity(MVA)
Financial Year (Circuit Kilometre)
qualification

(1) (2) (3) (4)

Project 1

Project 2

Project 3

Total Installed Line(Circuit kilometre)

6. [Note: Applicable when the Bidder owns equity in the Company which in
turn owns experience in Transmission]

This is to certify that M/s. <Insert name of Bidding Company> have the
experience in the activities of transmission of electricity including construction,
operation and maintenance of transmission system on the basis of shareholding in
the Companies as detailed below:

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Appointment of Input plus Investment based Distribution Franchisee Request for
for Distribution and Supply of Electricity in Bikaner City Circle (TN 01) Proposal (RfP)

Name of the Reference Capacity Length of Shareholding


Name of the
Project to (MVA) Line of Bidder
Affiliate
considered for Financial (Circuit (in%)
qualification Year Kilometre)

(1) (2) (3) (4) (5) (6)

Total Installed Line (Circuit kilometre)

[Note: The equity stake of the Bidder as on seven (7) days prior to the Bid Due Date shall
not be less than 50% in the company (ies) which possesses experience in handling
Consumer Base.]

Yours faithfully,

(Signature of the Authorised Signatory of the Bidder)

Name:
Date:
Place:
Date: ........

(Please also affix Bidders Rubber stamp)

Note :
1. The above certificates shall be signed and certified as true by any full time Director on
the Board of Directors of Bidder and statutory auditor of Bidder
2. JdVVNL at its sole discretion may independently verify authenticity of the documents
submitted by the Bidder and the veracity of the contents of the Bid.

Page 50 of 68
Appointment of Input plus Investment based Distribution Franchisee Request for
for Distribution and Supply of Electricity in Bikaner City Circle (TN 01) Proposal (RfP)

Financial Capability
FORM 3B
Format for Qualification Requirement
[On the Letterhead of the Bidder/Affiliate]

To,

The Superintending Engineer (RA&C)


Jodhpur Vidyut Vitran Nigam Limited,
New Power House, Industrial Area,
Jodhpur 342003

Sub: Distribution Franchisee for Bikaner City Circle

Dear Sir,

This is to certify that M/s. ___________________________(Bidder/Affiliate)had a Net Worth


as on March 31, 2016of Rs. .. Crore computed based on audited annual accounts
for the financial year 2015-16 as detailed below:

S. N. Particulars Amount (in Rs.)

1. Paid up Share Capital

(i) Equity Share Capital

(ii) Preference Share Capital

2. Share/ Securities Premium

3 Reserves & Surplus (excluding revaluation reserves)

Miscellaneous expenditure to the extent not adjusted or


4.
written off

5. Debit Balance of Profit & Loss A/C

Total Net Worth(1 + 2 + 3 4 - 5)

Yours faithfully,

(Signature and Stamp of the Statutory Auditor of the Bidder/Affiliate)

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for Distribution and Supply of Electricity in Bikaner City Circle (TN 01) Proposal (RfP)

Name: .

Date: .

Place: .

Note:

1. Net Worth of only one Affiliate would be considered for evaluation therefore Bidder shall
provide Net Worth of only one Affiliate.

2. In case the Net Worth of an Affiliate is provided, a certificate from the Authorised
Signatory of the Affiliate is required stating the relationship with the Bidder and the
Affiliate along with clear consent to use Affiliates Credential for the qualification
requirements as per the Exhibit5 of this RFP document. Bidder/Affiliate should attach
the Audited Annual Accounts for the respective financial year which is being used for
meeting the Net Worth criteria as above in respect of the following:

Bidder

Affiliate(s)of Bidder, if applicable

3. For meeting the Net Worth criteria through the Affiliate, the equity stake of the Affiliate
as on seven (7) days prior to the Bid Due Date shall be more than 50% in the Bidder
company.

4. Bidder shall submit the Board resolution for appointment of statutory auditor of the
Bidder or its Affiliates (if the financial strength of the affiliate is considered).

Page 52 of 68
Appointment of Input plus Investment based Distribution Franchisee Request for
for Distribution and Supply of Electricity in Bikaner City Circle (TN 01) Proposal (RfP)

FORM 3C
Format for Qualification Requirement
[On the Letterhead of the Statutory Auditor of the Bidder/Affiliate]

To,

The Superintending Engineer (RA&C)


Jodhpur Vidyut Vitran Nigam Limited,
New Power House, Industrial Area,
Jodhpur 342003

Sub: Distribution Franchisee for Bikaner City Circle

Dear Sir,

This is to certify that M/s. ________________________(Bidder/Affiliate) had Gross Cash


Accruals of Rs. ..Crore as on March 31, 2016 for computed based on the Audited
Annual Accounts for financial year 2015-16 as detailed below

Name of (Bidder/Affiliate) Particular for FY 2014-15 Amount (in Rs.)

1. Profit After Tax

M/s. __________________ 2. Depreciation

3. Non-cash Expenses

Gross Cash Accruals (1 + 2 + 3)

Yours faithfully,

(Signature and rubber stamp of the Statutory Auditor of the Bidder/Affiliate)

Name: .

Date: .

Place: .

Page 53 of 68
Appointment of Input plus Investment based Distribution Franchisee Request for
for Distribution and Supply of Electricity in Bikaner City Circle (TN 01) Proposal (RfP)

Note:

1. Gross Cash Accruals of only one Affiliate would be considered for evaluation therefore
Bidder shall provide Gross Cash Accruals of only one Affiliate.

2. In case the Gross Cash Accruals of an Affiliate is provided by the Bidder, it must be of
the same Affiliate of which Net Worth is provided as per Exhibit 3B.

3. In case the Gross Cash Accruals of an Affiliate is provided, a certificate from the
Authorised Signatory of the Affiliate is required stating the relationship with Bidder and
the Affiliate along with clear consent to use Affiliates Credential for the qualifications
requirement as per the Exhibit 5 of this RFP document

4. For meeting the Gross Cash Accruals criteria through the affiliate, the equity stake of
the Affiliate as on seven (7) days prior to the Bid Due Date shall be more than 50% in
the Bidder company.

5. Bidder shall submit the Board resolution for appointment of statutory auditor of the
Bidder or its Affiliates (if the financial strength of the Affiliate is considered).

6. Bidders should attach the Audited Annual Accounts for the respective financial year
which is being used for meeting the Gross Cash Accrual criteria as above in respect of
the following:

Bidder

Affiliate(s)of Bidder, if applicable

7. In any case the Bidders must attach the Audited Annual Accounts for financial year
2015-16 which is being used for meeting the Financial criteria as per Exhibit 3B & 3C
in respect of the following:

Bidder

Affiliate of the Bidder, if applicable

Page 54 of 68
Appointment of Input plus Investment based Distribution Franchisee Request for
for Distribution and Supply of Electricity in Bikaner City Circle (TN 01) Proposal (RfP)

Exhibit 4: Letter of Authorisation from Affiliate(s) of Bidder whose financial


capability has been used by the Bidder

[On the letter head of the Affiliate(s) whose financial capability has been used by
Bidder]

(The letter of Authorisation to be submitted, along with the Technical Bid, shall be from
each of the Affiliate(s), if any, the financial capability of which is desired to be considered for
the purpose of meeting the financial Qualification Requirements)

To,

The Superintending Engineer (RA&C)


Jodhpur Vidyut Vitran Nigam Limited,
New Power House, Industrial Area,
Jodhpur 342003

Sub: Distribution Franchisee for Bikaner City Circle

Dear Sir,

We refer to the RFP dated...........issued by you for appointment of the Distribution


Franchisee for Bikaner City Circle. We confirm that M/s. . <Insert name of Bidder> has
been authorised by us to use our financial capability for meeting the Qualification
Requirements for the appointment of the Distribution Franchisee for Bikaner City Circle.

We have carefully read and examined in detail the RFP including in particular Clause 6.1.3 of
the RFP, and confirm that , we hereby submit legally binding undertaking supported by a
Board resolution that all the equity investment obligations of M/s. .
<Insert name of Bidder>, shall be deemed to be our equity investment obligations
and in the event of any default by M/s.<Insert the name of the Bidder>
the same shall be met by us. ..

(Signature of the Authorised Signatory of the Affilate(s) duly authorised by the


Board of Directors/Power of Attorney)

Name:

Date: .

Place:

Date: (Please also affix Affiliates rubber stamp)

Page 55 of 68
Appointment of Input plus Investment based Distribution Franchisee Request for
for Distribution and Supply of Electricity in Bikaner City Circle (TN 01) Proposal (RfP)

Note:

 The Bidder shall also attach the Board resolution to be passed by the Affiliate(s) of
the Bidder where credentials of such Affiliate(s) have been used to meet the financial
capability prescribed in RFP document.

 The Bidder shall also attach the Board resolution/Power of Attorney to be passed by
the affiliate(s) of the Bidder for the authorised signatory.

Page 56 of 68
Appointment of Input plus Investment based Distribution Franchisee Request for
for Distribution and Supply of Electricity in Bikaner City Circle (TN 01) Proposal (RfP)

Exhibit 5: Format for Financial Requirement Relationship & Details of Equity


Shareholding (Refer Clause 6.1.4)

[To be filled by Bidder if credentials of Affiliate(s) have been used]


(On the Letter Head of the Bidder)

To,

The Superintending Engineer (RA&C)


Jodhpur Vidyut Vitran Nigam Limited,
New Power House, Industrial Area,
Jodhpur 342003

Sub: Distribution Franchisee for Bikaner City Circle

Dear Sir,

We certify that M/s. ...................................... < insert name of the Bidder> have
considered the financial capability of its Affiliate(s), for the purpose of meeting Qualification
Requirements as per the instructions provided in the RFP. The name of Affiliate(s), nature
of relationship(s) with such Affiliate(s) and details of equity holding are as follows:

Name of Company whose Type of Details of equity shareholding


credentials considered for credentials Relationship of (refer notes below) as on
meeting the financial considered (Net the Affiliate(s) ________[Insert date which
criteria as per Clause 6.1.3 Worth/Gross cash with Bidder should not be later than thirty
and 6.1.4 of the RFP accruals) (30) days prior to Bid Due Date]

Company1

Company2

Yours faithfully,

..

(Signature of the Authorised Signatory of the Bidder)

Name:

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Appointment of Input plus Investment based Distribution Franchisee Request for
for Distribution and Supply of Electricity in Bikaner City Circle (TN 01) Proposal (RfP)

Date:

Place: .

Date: .

(Please also affix Bidders Rubber stamp)

Note: In case of Affiliate(s), the equity holding of the Bidder in the Affiliate(s) or vice-versa
needs to be specified submit documentary evidence in support of equity holding.

Page 58 of 68
Appointment of Input plus Investment based Distribution Franchisee Request for
for Distribution and Supply of Electricity in Bikaner City Circle (TN 01) Proposal (RfP)

Exhibit 6: Undertaking Regarding Non-Blacklisting

(This undertaking is to be submitted by the Bidder and Affiliate, if applicable


along with the Technical Proposal. This should be on a non-judicial stamp paper
of Rs. 100/-)

To,

The Superintending Engineer (RA&C)


Jodhpur Vidyut Vitran Nigam Limited,
New Power House, Industrial Area,
Jodhpur 342003

Sub: Distribution Franchisee for Bikaner City Circle

Dear Sir,

This undertaking is being submitted in respect of the Distribution Franchisee for Bikaner City
Circle (Project), in response to the Request for Proposal (RFP) document issued by
JdVVNL DD/MM/YYY.

We hereby confirm the following:

1. We have never been blacklisted by any Government Department or Public Sector


Undertaking of any State Government in India or by the Government of India.

2. We understand and agree that if this information is found to be incorrect at any stage
before technical and financial evaluation; our proposal will be considered as non-
responsive and rejected accordingly.

3. We further understand and agree that if the project is awarded to us on the strength
of this undertaking and this undertaking is found to be incorrect post award of project,
this will be treated as Event of Default in terms of Article 17 of the Distribution
Franchisee Agreement and dealt with as provided for in that article.

For and on behalf of :

Signature :
(Authorised Signatory) :
Name of the Person :
Designation :
Date:
(Please also affix Bidders rubber stamp)

Page 59 of 68
Appointment of Input plus Investment based Distribution Franchisee Request for
for Distribution and Supply of Electricity in Bikaner City Circle (TN 01) Proposal (RfP)

Exhibit 7: Letter of Acceptance

(The Letter of Acceptance is to be submitted by the Bidder within 14 days of


issuance of Letter of Intent by JdVVNL. This should be on the companys
letterhead.)

To,

The Superintending Engineer (RA&C)


Jodhpur Vidyut Vitran Nigam Limited,
New Power House, Industrial Area,
Jodhpur 342003

Sub: Appointment of Input plus Investment based Distribution Franchisee for


Distribution and Supply of Electricity in Bikaner City Circle

Ref.: Letter of Intent No. _________________________ dated ____________

Dear Sir,

We thankfully acknowledge your Letter of Intent issued vide your communication no ---
dated----appointing us as Input plus Investment based Distribution Franchisee for
Distribution and Supply of Electricity in Bikaner City Circle. We are pleased to accept the
above Letter of Intent unconditionally and we hereby undertake to abide by all the terms
and conditions stated therein.

(Signature of the Authorised Signatory of the Bidder)

Date:

Place:

Signature :

(Authorised Signatory)

Name of the Person :

Designation :

Date:

(Please also affix Bidders rubber stamp)

Page 60 of 68
Appointment of Input plus Investment based Distribution Franchisee Request for
for Distribution and Supply of Electricity in Bikaner City Circle (TN 01) Proposal (RfP)

Exhibit 8: Information Requirement for Financial Proposal

(This covering letter for Financial Proposal is to be submitted by the Bidder along
with the Financial Proposal in PDF format.)

Date:
Place:
To,

The Superintending Engineer (RA&C)


Jodhpur Vidyut Vitran Nigam Limited,
New Power House, Industrial Area,
Jodhpur 342003

Sub: Distribution Franchisee for Bikaner City Circle

Dear Sir,

Please find enclosed of our Financial Proposal in respect of the Distribution Franchisee for
Bikaner City Circle (Project), in response to the Request for Proposal (RFP) document
issued by JdVVNL on DD/MM/YYYY.

We hereby confirm the following:

1. The Proposal is being submitted by _______________ (name of the Bidder) who is the
Bidder in accordance with the conditions stipulated in the RFP.

2. We have examined in details and have understood, and abide by all the terms and
conditions stipulated in the RFP document issued by JdVVNL and in any subsequent
communication issued by JdVVNL.

3. Our Financial Proposal is consistent with all the requirements of submission as stated
in the RFP or in any of the subsequent communications from JdVVNL.

4. We would be solely responsible for any errors or omissions in our Financial Proposal.

For and on behalf of :

Signature :
(Authorised Signatory) :
Name of the Person :
Designation :
Date:
(Please also affix Bidders Rubber stamp)

Page 61 of 68
Appointment of Input plus Investment based Distribution Franchisee Request for
for Distribution and Supply of Electricity in Bikaner City Circle (TN 01) Proposal (RfP)

Exhibit 9: Format for Financial Proposal

Minimum Benchmark Input Rates Annualised Input Rate (Rs/ kWh)


Year
(Rs/kWh) (In Figures up to three decimal places)

1 4.541

2 4.721

3 4.932

4 4.948

5 5.025

6 5.101

7 5.145

8 5.188

9 5.232

10 5.276

11 5.319

12 5.346

13 5.374

14 5.402

15 5.428

16 5.451

17 5.458

18 5.466

19 5.475

20 5.483

Note:

1. The annualized Input Rate to be quoted by the Bidders shall be exclusive of Electricity Duty
(ED), Tax on Sale of Electricity (ToSE), Municipal Taxes (MT) and any other taxes/levies/duties
that have been levied by the State Government. However, it shall inclusive of Subsidy on
electricity tariff offered by the State Government.

2. The rate quoted for a particular year shall not be less than the rate quoted for any of the
preceding years; except the rate quoted for the first year.

3. The rate quoted for any year shall not be less than the Minimum Benchmark Input Rate for that
year. This provision shall be applicable to the rate quoted for the first year also.

4. The bidders shall quote the annualised Input rate (Rs/Kwh) upto three decimal places in
financial proposal in Excel sheet given at e-procurement site only.

Page 62 of 68
Appointment of Input plus Investment based Distribution Franchisee Request for
for Distribution and Supply of Electricity in Bikaner City Circle (TN 01) Proposal (RfP)

Exhibit 10: Bank Guarantee Format

Ref.: ..

Date: .

Bank Guarantee No..

1. In accordance with the tender specification No.___________________ of Jodhpur


Vidyut Vitaran Nigam Limited(hereinafter referred to as the JdVVNL) for the work
of selection of Distribution Franchisee for Distribution of Electricity along with meter
reading, billing, collection, operation maintenance etc. for Bikaner City Circle of
Rajasthan,

M/s (Company Name)

Address(hereinafter referred
to as Bidder) wished to participate in the said tender and as a Bank Guarantee for
the sum of Rs __________valid for a period of _______ from the date of opening of
techno-commercial bid as required to be submitted by the Bidder, we the (Name of
the Bank)(hereinafter referred to as The Bank) do hereby unequivocally and
unconditionally guarantee and undertake to pay during the above said period, on
written request by JdVVNL, an amount not exceeding Rs. ------- Only to JdVVNL
without any reservation. The guarantee would remain valid up to 5.00 P.M. of
.... (date) and if any further extension to this is required, the same will be
extended on receiving instructions from the Bidder on whose behalf this guarantee
has been issued.

2. We, the .. (Indicate the name of the Bank) do


hereby further undertake to pay the amounts due and payable under this guarantee
without any demur, merely on demand from JdVVNL stating that the amount claimed
is due by way of loss or damage caused to or would be caused to or suffered by
JdVVNL by reason of any breach by the said Bidder(s) of any of the terms of
conditions and failure to perform said tender. Any such demand made on the Bank
shall be conclusive as regards the amount due and payable by the Bank under this
guarantee. However, our liability under this guarantee shall be restricted to an
amount not exceeding Rs.

3. We, the .. (Indicate the name of the Bank)


undertake to pay to JdVVNL any money so demanded notwithstanding any dispute or
disputes raised by the Bidder(s) in any suit or proceeding instituted/ pending before
any court of tribunal relating thereto, our liability under this present being absolute
and unequivocal. The payment so made by us under this bond shall be a valid
discharge of our liability for payment there under and the Bidder(s) shall have no
claim against us for making such payment.

Page 63 of 68
Appointment of Input plus Investment based Distribution Franchisee Request for
for Distribution and Supply of Electricity in Bikaner City Circle (TN 01) Proposal (RfP)

4. We, the .. (Indicate the name of the Bank)


further agree that the guarantee herein contained shall remain in full force and effect
during the aforesaid period of .. days and it shall continue to be so
enforceable till all the dues of JdVVNL under or by virtue of the said tender have
been fully paid and its claims satisfied or discharges or till JdVVNL certifies that the
terms and conditions of the said tender have been fully and properly carried out by
the said Bidder(s) and accordingly discharges this guarantee. Unless a demand or
claim under this guarantee is made on us in writing on or before the
.. We shall be discharged from all liability under this
guarantee thereafter.

5. We, the .. (Indicate the name of the Bank)


further agree with JdVVNL that JdVVNL shall have the fullest liberty without our
consent and without effecting in any manner our obligations hereunder to vary any
of the terms and conditions of the said tender or to extend time of performance by
the said Bidder(s) from time to time or to postpone for any times or from time to
time only of the powers exercisable by JdVVNL against the tender Bidder(s) and to
forebear or enforce any of the terms and conditions relating to the said tender and
we shall not be relieved from our liability by reason of any such variation,
postponement or extension being granted to the said Bidder(s) or for any
forbearance act or omission on the part of JdVVNL or any indulgence by JdVVNL to
the said Bidder(s) or by any such matter or thing what-so-ever which under the law
relating to sureties would, but for this provision, have effect of so relieving us.

6. This guarantee will not be discharged due to the change in the name, style and
constitution of the Bank or the Bidder(s).

7. We, the .. (Indicate the name of the Bank)


lastly undertake not to revoke this guarantee during its currency except with the
previous consent of JdVVNL in writing.

Dated, the day of

Witness:
1.
2.

For
(Indicate name of Bank)

Page 64 of 68
Appointment of Input plus Investment based Distribution Franchisee Request for
for Distribution and Supply of Electricity in Bikaner City Circle (TN 01) Proposal (RfP)

Exhibit 11: Power of Attorney for Signing Authority

Know all men by these presents, We ------------------------------------------------ (name of the


Bidder and address of the registered office) do hereby irrevocably constitute, nominate,
appoint and authorize Mr./Ms. (name), ------------------------------------------- who is presently
employed with us, ------------------------------------------------- (name of the Bidder) and
holding the position of -------------------------------------------, as our true and lawful attorney
(hereinafter referred as the Authorised Signatory) to do in our name and on our behalf, all
such acts, deeds and things as are necessary or required in connection with or incidental to
submission of our Bid for Appointment of Distribution Franchisee for Distribution and supply
of Electricity in Bikaner City Circle (hereinafter referred to as Project) issued by the
Jodhpur Vidyut Vitaran Nigam Limited (Authority) including but not limited to signing and
submission of all Bids, Bids and other documents and writings, participate in Pre-Bid and
other conferences and providing information/responses to the Authority, representing us in
all matters before the Authority, signing and execution of all contracts including the License
Agreement and undertakings consequent to acceptance of our Bid, and generally dealing
with the Authority in all matters in connection with or relating to or arising out of our Bid for
the said Project and/or upon award thereof to us and/or till the entering into of the License
Agreement with the Authority.

AND we hereby agree to ratify and confirm all acts, deeds and things done or caused to be
done by our said Authorised Signatory pursuant to and in exercise of the powers conferred
by this Power of Attorney and that all acts, deeds and things done by our said Authorised
Signatory in exercise of the powers hereby conferred shall and shall always be deemed to
have been done by us.

IN WITNESS WHEREOF WE, , THE ABOVE NAMED PRINCIPAL HAVE EXECUTED


THIS POWER OF ATTORNEY ON THIS DAY OF ., 2016

For

------------------------------------------------------

(Signature, name, designation and address of the official authorised by the Board of the
Bidder to further delegate/authorise. Copy of the Board Resolution to this effect certified by
the Company Secretary also to be enclosed)

Witnesses:

1.

2.
(Notarized)

Page 65 of 68
Appointment of Input plus Investment based Distribution Franchisee Request for
for Distribution and Supply of Electricity in Bikaner City Circle (TN 01) Proposal (RfP)

Accepted

------------------------------------------------------

(Signature)

(Name, Title and Address of the Authorised Signatory)

Notes:

1. The mode of execution of the Power of Attorney should be in accordance with the
procedure, if any, laid down by the applicable law and the charter documents of the
executants and when it is so required, the same should be under common seal affixed
in accordance with the required procedure.

2. Wherever required, the Bidder should submit for verification the extract of the charter
documents and documents such as a board or shareholders resolution/ power of
attorney in favour of the person executing this Power of Attorney for the delegation of
power hereunder on behalf of the Bidder.

3. For a Power of Attorney executed and issued overseas, the document will also have to
be legalised by the Indian Embassy and notarised in the jurisdiction where the Power
of Attorney is being issued. However, the Power of Attorney provided by Bidders from
countries that have signed the Hague Legislation Convention, 1961 are not required to
be legalised by the Indian Embassy if it carries a conforming Apostle certificate.

Page 66 of 68
Appointment of Input plus Investment based Distribution Franchisee Request for
for Distribution and Supply of Electricity in Bikaner City Circle (TN 01) Proposal (RfP)

Exhibit 12: Code of Conduct issued by Ministry of Power, Govt. of India for Grant of
Distribution Business License

Page 67 of 68
Appointment of Input plus Investment based Distribution Franchisee Request for
for Distribution and Supply of Electricity in Bikaner City Circle (TN 01) Proposal (RfP)

Page 68 of 68
Distribution Franchisee Agreement (Draft)

between

Jodhpur Vidyut Vitran Nigam Limited (JdVVNL)

and

[Name of the Selected Bidder]

and

[Name of the Distribution Franchisee]


(A SPV Company to be incorporated by the Selected Bidder)

for

Supply & Distribution of Electricity in Bikaner City Circle


Distribution Franchisee Agreement (DFA) for Appointment of Input plus Investment based
Draft DFA
Distribution Franchisee for Supply and Distribution of Electricity in Bikaner City Circle

Table of Contents

1 Definitions and Interpretation:................................................................3

1.1 Definitions ............................................................................................................ 3

1.2 Interpretations: .................................................................................................... 8

2 Conditions Precedent & Conditions Subsequent to the Agreement ........9

2.1 Conditions Precedent to be Satisfied by the Distribution Franchisee & JdVVNL .... 9

2.2 Conditions Subsequent to be Satisfied by the Distribution Franchisee &


JdVVNL ............................................................................................................... 12

3 Term of Agreement ................................................................................13

3.1 Term of Agreement: ............................................................................................ 13

3.2 Early Termination ............................................................................................... 13

3.3 Event of Abandonment........................................................................................ 13

3.4 Survival ............................................................................................................... 14

4 Grant of Distribution Franchise .............................................................14

4.1 Grant of Franchise .............................................................................................. 14

4.2 Legal Status of Distribution Franchisee .............................................................. 14

4.3 Exclusivity........................................................................................................... 14

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4.4 Franchisee Area .................................................................................................. 15

4.5 Effect of Acceptance ........................................................................................... 15

4.6 Directions ........................................................................................................... 15

4.7 Intent ................................................................................................................. 15

5 Activities of Distribution Franchisee ......................................................15

5.1 Right of Use to JdVVNL Distribution Assets ....................................................... 15

5.2 Minimum Capital Expenditure ............................................................................. 16

5.3 Supply of O&M Spares......................................................................................... 20

5.4 Supply of Energy ................................................................................................. 20

5.5 Liabilities and Obligations ................................................................................... 21

5.6 Technical Duties and Responsibilities of the Distribution Franchisee.................. 22

5.7 Commercial Duties and Responsibilities of the Distribution Franchisee .............. 26

5.8 General Duties and Responsibilities of the Distribution Franchisee: ................... 27

6 Duties and Responsibilities of JdVVNL ..................................................27

7 Metering and Measurement ...................................................................28

7.1 Metering System ................................................................................................. 28

7.2 Inspection and Testing of Meters........................................................................ 28

7.3 Inaccuracy of Meters .......................................................................................... 28

7.4 Measurement ...................................................................................................... 30

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8 Billing and Payment ...............................................................................30

8.1 Billing (Monthly Invoice) .................................................................................... 30

8.2 Payment.............................................................................................................. 33

9 Arrears....................................................................................................35

10 Provision for Subsidy .............................................................................38

11 Treatment of Taxes, Duties & Levies .....................................................38

12 Payment Security Deposit and Performance Guarantee .......................39

12.1 Payment Security Deposit ................................................................................... 39

12.2 Collateral Arrangement ....................................................................................... 40

12.3 Performance Guarantee ...................................................................................... 41

13 Deputation of JdVVNL Employees..........................................................41

14 Reporting and Audit ...............................................................................44

14.1 Reporting ............................................................................................................ 44

14.2 Audit ................................................................................................................... 45

15 Indemnification......................................................................................46

15.1 Indemnification by Distribution Franchisee to JdVVNL and its consultants: ....... 46

15.2 Indemnification by JdVVNL to Distribution Franchisee: ...................................... 47

15.3 Procedure for claiming indemnity ....................................................................... 48

15.4 Indemnifiable Losses .......................................................................................... 48

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16 Insurance ...............................................................................................49

17 Events of Default and Termination ........................................................49

17.1 Distribution Franchisee Event of Default............................................................. 49

17.2 JdVVNL Event of Default ..................................................................................... 51

17.3 Termination Procedure for Event of Default by Distribution Franchisee.............. 52

17.4 Termination Procedure for JdVVNL Event of Default ........................................... 53

17.5 Consequences of Termination ............................................................................. 54

17.6 Step In Rights of JdVVNL .................................................................................... 55

17.7 Expiry Payment ................................................................................................... 56

17.8 Termination Payment in case of JdVVNL Event of Default................................... 57

17.9 Termination Payment in case of Distribution Franchisee Event of Default .......... 58

18 Governing Law and Dispute Resolution.................................................58

18.1 Governing Law .................................................................................................... 58

18.2 Amicable Settlement ........................................................................................... 59

18.3 Disputed Payments ............................................................................................. 60

18.4 Severability ......................................................................................................... 61

19 Force Majeure ........................................................................................61

20 Miscellaneous Provisions .......................................................................61

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List of Annexure

Annexure 1 : Brief description of Franchisee Area ............................................... 66

Annexure 2 : Methodology for energy audit ......................................................... 77

Annexure 3 : Specifications of consumer service centre ...................................... 80

Annexure 4 : Schedule of Annualized Input Rate ................................................. 87

Annexure 5 : Procedure for Recovery of Arrear .................................................... 88

Annexure 6 : Performance Guarantee .................................................................. 89

Annexure 7 : Notification of Electricity Duty ........................................................ 92

Annexure 8 : Details of Projects Approved under Schemes of Government of India


or the State Government or Any Department or Undertakings
thereof or any Multilateral Funding Organizations ......................... 94

Annexure 9 : Order on RERC Approved Depreciation Rate ................................... 96

Annexure 10 : List of Open Access Consumers ....................................................... 98

Annexure 11 : Default Escrow Agreement.............................................................. 99

Annexure 12 : Detailed Report on Audited Average Billing Rate .......................... 138

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Distribution Franchisee for Supply and Distribution of Electricity in Bikaner City Circle

Distribution Franchisee Agreement

This Agreement made at [Name of the Place] this _____ day of [Month], [Year]
between the following parties:

Jodhpur Vidyut Vitaran Nigam Limited, a company registered under the Companies
Act, 1956 having its registered office at New Power House, Industrial Area, Jodhpur
(Rajasthan) 342 003 hereinafter referred to as JdVVNL (which expression unless
repugnant to the context or meaning thereof shall include its successors and assigns) of the
FIRST PART.

and

[Name of the Distribution Franchisee] a company (Special Purpose Vehicle


incorporated by the Selected Bidder) registered under the Companies Act, 1956/2013 having
its registered office at ______________________________________, hereinafter referred
to as the Distribution Franchisee (which expression unless repugnant to the context or
meaning thereof shall include its successors and permitted assigns) of the SECOND PART.

and

[Name of the Selected Bidder] a company registered under the Companies Act,
1956/2013 having its registered office at ____________________, hereinafter referred
to as the Selected Bidder (which expression unless repugnant to the context or meaning
thereof shall include its successors and permitted assigns) who will be the guarantor of all
the obligations and liabilities of the Distribution Franchisee of the THIRD PART.
WHEREAS:

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Distribution Franchisee Agreement (DFA) for Appointment of Input plus Investment based
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Distribution Franchisee for Supply and Distribution of Electricity in Bikaner City Circle

A. JdVVNL is a Distribution Licensee under the provisions of the Electricity Act, 2003 (the
Act) having license to supply electricity in the western & north-western part of the
State of Rajasthan.

B. Under the provisions of the Act, JdVVNL is entitled to distribute electricity in a specified
area within its jurisdiction through any other agency referred to as Distribution
Franchisee.

C. For the purpose of sale and supply of electricity in the Bikaner Area Urban Distribution
Divisions of JdVVNL as more particularly described hereinafter, JdVVNL undertook a
transparent competitive bidding process and issued a Request for Proposal dated
__________ vide tender notice No._______________ dated _________and selected
M/s. ___________________________________ (insert name of the Selected Bidder).

D. JdVVNL issued a Letter of Intent (LoI) No._____________________ dated__________


to the Selected Bidder M/s. [Insert the name of the Selected Bidder] and the
Selected Bidder incorporated M/s. [insert the name of the SPV company
incorporated by Selected Bidder] as SPV, a company registered under the
Companies Act, 2013 to discharge the obligations of the Selected Bidder in accordance
with the RFP and the same had been accepted by M/s. [Insert the name of the
SPV incorporated by Selected Bidder].

E. The parties have agreed to record the terms and conditions for distribution and supply
of electricity within the Franchisee Area by executing this Distribution Franchisee
Agreement.

F. The parties are fully aware that this Agreement is for distribution of electricity in
Franchisee Area through the Distribution Franchisee as contemplated under the
Electricity Act 2003.

NOW, THEREFORE, IN VIEW OF THE FOREGOING PREMISES AND IN CONSIDERATION OF


THE MUTUAL COVENANTS, PREMISES AND AGREEMENTS CONTAINED HEREIN, THE
PARTIES AGREE AS FOLLOWS:

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Distribution Franchisee Agreement (DFA) for Appointment of Input plus Investment based
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Distribution Franchisee for Supply and Distribution of Electricity in Bikaner City Circle

1 Definitions and Interpretation:

1.1 Definitions

In this Agreement, unless the context otherwise requires,

(i) Agreement Representative

shall mean the person nominated by the Parties as set forth in Clause 20.4.

(ii) Base Year

shall mean the Financial Year 2015-16.

(iii) Collection Efficiency

shall mean the ratio of revenue actually realized from consumers (including the
subsidy amount, if any) and energy amount billed to Consumers (including the
subsidy amount, if any), in percentage terms for a particular period and shall be
calculated as below:

Revenue Realized from Consumers in Rupees


Collection Efficiency = x 100
Energy Billed to Consumers in Rupees

(iv) Complaint

shall mean any written or electronic correspondence by a Consumer expressing


dissatisfaction with the products/level of service provided by the Distribution
Franchisee.

(v) Consumer

shall mean the consumer, irrespective of voltage level at which electricity is


supplied to him/her, and as defined under the Electricity Act, 2003.

(vi) Contract Year

shall mean each successive period of one year beginning from the Effective Date of
this Agreement.

(vii) Condition Precedent

shall mean the conditions set out in Clause 2 hereof to be satisfied by JdVVNL and
the Distribution Franchisee after signing of the Distribution Franchisee Agreement
before the Effective Date.

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Distribution Franchisee Agreement (DFA) for Appointment of Input plus Investment based
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Distribution Franchisee for Supply and Distribution of Electricity in Bikaner City Circle

(viii) Condition Subsequent

shall mean the conditions set out in Clause 2 hereof to be satisfied by JdVVNL and
the Distribution Franchisee after the Effective Date.

(ix) Crossover Point

shall mean 33 kV and/or 11 kV feeders supplying to franchisee area as well the


area outside the Franchise Area at the Effective Date or during the subsistence of
the Agreement.

(x) Damages

shall mean the amount payable by Distribution Franchisee to JdVVNL in case Event
of Defaults and Non-Performance by Distribution Franchisee as set forth in this
Agreement under Clauses 2.1.9, 2.2.4, 8.2.2, 8.2.13, 17.3 and 17.6.3.

(xi) Distribution System

means the network of transmission cables and associated functional devices


between the generating stations and the end delivery points including installation
of connections to the Consumers.

(xii) Distribution

means the supply and conveyance of electricity by means of distribution system.

(xiii) Distribution Assets

shall mean the assets deployed by JdVVNL / Distribution Franchisee in the


Franchisee Area for distribution of electricity.

(xiv) Distribution Franchisee or DF

means the Special Purpose Vehicle incorporated by the Selected Bidder under the
Indian Companies Act 1956/2013 to discharge the obligations of the Selected
Bidder as set out in this Agreement

(xv) Distribution Losses

shall mean the difference between energy supplied at the Input Points and Energy
Billed to Consumers in percentage terms for a particular period and shall be
computed as below:

(Net Energy Supplied at Input Points in kWh)


(Total Energy Billed to Consumers in kWh)
Distribution Losses = x 100
(Net Energy Supplied at Input Points in kWh)

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Distribution Franchisee Agreement (DFA) for Appointment of Input plus Investment based
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Distribution Franchisee for Supply and Distribution of Electricity in Bikaner City Circle

(xvi) Effective Date

shall mean the date of handing over of the business/commercial operations of


Franchisee Area by JdVVNL to the Distribution Franchisee pursuant to this
Agreement after the Conditions Precedents are satisfied.

(xvii) Expiry Date

shall mean the 20th (twentieth) anniversary of the Effective Date.

(xviii) Expiry Payment

shall mean the payment to be made on expiry of the Agreement by either Party to
the other Party as per Clause-17.

(xix) Extra High Voltage or EHV

shall mean any voltage equal to & above 132,000 Volts subject to permissible
variations.

(xx) Franchisee Distribution Assets

shall mean the assets created and deployed by Distribution Franchisee for
distribution of electricity.

(xxi) Franchise

Means the rights granted by JdVVNL to the Distribution Franchisee to act as a


franchisee of JdVVNL to purchase and distribute electricity in the Franchisee Area
and all the rights, powers and authorities available to JdVVNL as a distribution
licensee necessary to fulfil the obligations and responsibilities as contemplated
under this Agreement and which can be conferred upon the Distribution Franchisee
under the Act.

(xxii) Franchisee Area

shall mean the area as mentioned in the Clause - 4.4 in respect of which the
Distribution Franchisee shall act as a franchisee of JdVVNL.

(xxiii) Force Majeure

without limiting the general limitations of liability in any way arising under this
Agreement neither party is responsible for failure or delay in performance of
services or obligations hereby undertaken due to occurrence of any event of force
Majeure including acts of God, acts of any Government (de jure or de facto) or
regulatory body or public enemy, war, riots, embargoes, industry-wide strikes, the
reduction in supply due to outage of generation facilities/ transmission lines or any
other causes, circumstances, or contingencies, whether of a similar or dissimilar

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Distribution Franchisee Agreement (DFA) for Appointment of Input plus Investment based
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Distribution Franchisee for Supply and Distribution of Electricity in Bikaner City Circle

nature to the foregoing, beyond the parties control, which cannot be reasonably
forecast or prevented, thereby, hindering the performance by the Parties of any of
their obligations hereunder.

(xxiv) GoR

means the Government of Rajasthan or any other Department/ instrumentality/


Authority of the Government of Rajasthan.

(xxv) Input Energy

shall mean sum total of net energy supplied to the Franchisee Area through all
Input Points.

(xxvi) Input Points

Shall mean 132Kv, 33 kV and 11kV side of 220/132kV, 220/33 kV, 132/33 kV and
220/11kV, 132/11KV power transformers at EHV Sub-stations, if the same is
supplying power only to the franchisee area. In case 220/33 kV, 220/11Kv, 132/33
kV and/or 132/11 kV power transformers are also supplying to area(s) other than
the franchise area, the respective 33 kV and/or 11 kV feeders supplying to
franchisee area shall be considered as input points and shall include such other
EHV/HV substations or feeders, 33 kV & 11 kV cross-over points and all the
injection points of Captive Power Plants, IPPs, Non-conventional energy sources
which may feed energy to the Franchisee Area at the Effective date or during the
subsistence of the Agreement.

(xxvii) Input Rate

shall mean Rupees per unit of electricity supplied by JdVVNL at the Input Points as
quoted in the accepted Financial Proposal of the Distribution Franchisee in
Annexure-4.

(xxviii) JdVVNL Distribution Assets

shall mean the assets created and deployed by JdVVNL in the Franchisee Area as
on effective date, beyond the input points, for distribution of electricity including 33
kV, 11 kV and LT Lines, both overhead and underground, 33/11 kV Sub-stations,
control rooms, 11/0.4 KV Sub-stations, HV/LV underground cables, electrical plant,
control switch gear, meters having design voltage 33 kV and below, service lines
and other similar assets at the consumer end and other assets employed by
JdVVNL for distribution of electricity including Complaint Centres, Billing/IT
Centres, Collection Centres, Stores (except major Stores to be specified by
JdVVNL), Transformer Repair Workshops/Test Labs dedicated to the Franchisee
Area, Division/Sub-division/Distribution Centre offices together with furniture,
fixtures, IT hardware/software and communication equipments. It shall include

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Distribution Franchisee Agreement (DFA) for Appointment of Input plus Investment based
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Distribution Franchisee for Supply and Distribution of Electricity in Bikaner City Circle

vacant land owned by JdVVNL identified for creation of sub-stations and offices. It
will also include residential accommodations which are presently occupied by
JdVVNL Staff who may choose to go on deputation with the DF or are lying vacant,
community hall and training centres and other offices spaces and open land which
may not be required by JdVVNL after handing over to the DF subject to an
undertaking from the DF that the property owned by JdVVNL shall not in any way
be sold, transferred, disposed off, alienated, mortgaged or sub-let by it as well as
such properties shall not be used by the Distribution Franchisee for any other
purpose. No rent shall be charged by JdVVNL for the assets handed over to the DF.

(xxix) Law

means, in relation to this agreement, all laws in force in India and would include
any statute, ordinance, regulation, notice, circular, code, rule or direction, or any
interpretation of any of them by a Governmental instrumentality and also includes
all applicable Rules, Regulations, Orders, Directions, Notifications by a
Governmental instrumentality pursuant to or under any of them and shall include
all Rules, Regulations, Decisions, Directions and Orders of RERC.

(xxx) Major Incident

means an incident associated with the Distribution and retail supply of electricity in
the Franchisee Area, which results in a significant interruption of service,
substantial damage to equipment, or loss of life or significant injury to human
beings and shall include any other incident, which JdVVNL expressly declares to be
a major incident. Significant interruption of service for this purpose shall mean
interruption impacting more than 10,000 Consumers continuously for a period of
more than 24 hours and substantial damage to equipment shall mean damage to
Distribution Assets exceeding Rs 50 Lacs in gross value.

(xxxi) Minimum Capital Expenditure

shall mean the amount as per Clause 5.2.2 of this Agreement to be invested by the
Distribution Franchisee in the Franchisee Area for the purpose as given in the
Clause 5.2.2 of this Agreement.

(xxxii) Open Access

shall mean open access as defined in the Electricity Act 2003.

(xxxiii) Officer-in-Charge

shall mean any person, nominated by each of the Parties as set forth in Clause-
20.3.

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(xxxiv) Person

shall include any company or body corporate or association or body of individuals,


whether incorporated or not, or artificial juridical person.

(xxxv) Prudent Utility Practices

shall mean the practices, methods and standards that are generally accepted
nationally from time to time by electric utilities for the purpose of ensuring the safe
and efficient distribution of electricity, operation and maintenance of Distribution
Assets etc.

(xxxvi) RERC

shall mean the Rajasthan Electricity Regulatory Commission, Jaipur, or its


successor(s).

(xxxvii) Termination Payment

shall mean the payment to be made on Termination of the Agreement by either


Party to the other Party as per Clause-17.

1.2 Interpretations:

In this Agreement, unless the context otherwise requires:

(i) A reference to the singular shall include a reference to the plural and vice versa;
and a reference to any gender shall include a reference to the other gender.

(ii) A reference to any Article, Clause, Appendix, Schedule, Attachment or Annex shall
be to an Article, Clause, Appendix, Schedule, Attachment or Annex of this
Agreement.

(iii) The Appendices, Schedules, Attachments and Annexes form an integral part of this
Agreement. In the event of any conflict between any provision of the Clauses and
any provision of the Appendices, Schedules, Attachments or Annexes, the provision
of the Clauses shall prevail.

(iv) Reference to any law or regulation having the force of law includes a reference to
that law or regulation as from time to time amended, modified, supplemented
extended or re-enacted.

(v) Any reference to time shall, except where the context otherwise requires, be
construed as a reference to the time in India. Any reference to the calendar shall
be construed as reference to the Gregorian calendar.

(vi) The headings of the Articles, Clauses, Appendices, Schedules, Attachments and
Annexes in this Agreement are inserted for convenience of reference only and shall
not affect the meaning or interpretation of this Agreement.

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(vii) The words include or including shall be deemed to be followed by without


limitation or but not limited to whether or not they are followed by such
phrases.

(viii) Unless the context otherwise requires, any period of time referred to shall be
deemed to expire at the end of the last date of such period.

(ix) If any provision in Clause 1 is a substantive provision conferring rights or imposing


obligations on any Party, effect shall be given to it as if it were a substantive
provision in the body of this Agreement;

(x) The rule of construction, if any, that a contract should be interpreted against the
parties responsible for the drafting and preparation thereof, shall not apply;

(xi) All references to agreements, documents or other instruments include (subject to


all relevant approvals) a reference to that agreement, document or instrument as
amended, supplemented, modified, substituted, novated or assigned from time to
time.

2 Conditions Precedent & Conditions Subsequent to the Agreement

2.1 Conditions Precedent to be Satisfied by the Distribution Franchisee &


JdVVNL

2.1.1 Default Escrow Agreement and Agreement to Hypothecate Cum Deed of


Hypothecation

JdVVNL and [Name of the Franchisee] shall sign a Default Escrow Agreements and
the Agreement to Hypothecate Cum Deed of Hypothecation for the purpose of
collateral arrangement. The payment security mechanism shall be governed as per
conditions stipulated in Clause-12.

2.1.2 Minimum Capital Expenditure

The Distribution Franchisee shall submit details of Minimum Capital Expenditure to


be carried out by the franchisee over a period of 5 years from the Effective Date as
mentioned in Clause 5.2.2, in line with the detailed Minimum Capital Expenditure
provided by JdVVNL in RFP Project Documents, to JdVVNL. All capital investments
from 16th year onwards other than the load growth by the Franchisee shall be
subject to RERC approval. Distribution Franchisee shall submit such capital
investment plans in last five years of the contract to JdVVNL and JdVVNL shall
facilitate approval of the RERC for such capital investment Plans. Any investment
made by the Distribution Franchisee 16th year onward other than for load Growth

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which is not approved by the RERC shall not be compensated by JdVVNL at the
expiry / termination of the Franchise.

2.1.3 Completion of Audit of Various Parameters

The Joint Audit Team of JdVVNL and the Distribution Franchisee shall carry out an
audit of the parameters listed below:

Opening level of Inventory;

Ongoing Contracts as on Effective Date; and

Since the baseline parameters of the preceding financial year have already been
audited by an independent third party auditor the Average Billing Rate (net of
Subsidy) for the Base Year at Rs. 6.46 per unit shall be treated as frozen for the
purpose of this agreement for entire period. Similarly the average billing rate
(including subsidy) for the base year at Rs. 6.65 per unit shall be treated as frozen
for the purpose of this agreement for entire period. The detailed report of the
audited ABR (net of subsidy) and audited ABR (including subsidy) with the various
components revenue billed used for computation of ABR is attached in Annexure-
12.

2.1.4 Installation of Main and Check Meters

(a) JdVVNL shall procure & install Main Meters with necessary CT PT sets of the
required accuracy & class at all Input and Crossover points and shall coordinate
with RVPNL for space in the substation for installation.

(b) The Distribution Franchisee shall install the Check Meter with necessary CT - PT set
of required accuracy and class along with all required infrastructure at all input
points and crossover points as per the provisions of Central Electricity Authority
(installation and operation of Meters Regulation 2006) as amended from time to
time.

2.1.5 Calibration of Meters

(a) The authorized representatives of JdVVNL, RVPNL and the Distribution Franchisee
shall conduct a joint audit and Calibration of the Main and Check Meters at all
Input and Crossover points before the Effective Date.

(b) If the Main Meters are found to be defective or are not as per the specification laid
down in Central Electricity Authority (installation and operation of Meters
Regulation 2006 as amended from time to time), necessary actions as described in
Clause 7.3 shall be followed.

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2.1.6 Authorization to DF to Represent

(a) Sufficient number of officers as desired by Distribution Franchisee shall be


authorized under Section 126, Section 135, section 152, section 138 and section
163 (1&2) of the Electricity Act 2003 for taking necessary action to prevent the
unauthorized use, theft and pilferage of electricity in Franchisee Area. The
Franchisee must inform JdVVNL about the categories of officers and the relevant
sections of the Electricity Act, 2003 for which authorization is needed. It shall be
the responsibility of JdVVNL to have the officers of the Distribution Franchisee
designated as such from the State Government/Regulatory Authority.

(b) Sufficient number of officers of the Distribution Franchisee shall be authorized by


JdVVNL for representing before the RERC, Consumer Grievance Redressal Forums,
Ombudsman, Consumer Courts, etc.

(c) The Franchisee shall be entitled to represent to the State Transmission Utility for

i. augmenting the transmission capacity matching with the growth in


distribution network

ii. metering of input points including calibration of meters

iii. matters relating to load dispatch and grid discipline

2.1.7 Determination of Category-wise Number of Employees in the Franchisee Area

2.1.8 All the other Conditions Precedent stated clause 2.1 shall be satisfied within 60
(sixty) days of signing of this Agreement except conditions stated in clause 2.1.1,
2.1.2 and 2.1.10. The above time-period may be extended by the parties as
mutually agreed.

2.1.9 If Distribution Franchisee fails to satisfy the Conditions Precedent stated in Clause
2.1.3 to 2.1.8, within 60 (sixty) days of signing of this Agreement, and the delay
has not occurred as a result of failure to fulfill the obligations or other breach of
this agreement by JdVVNL or due to Force Majeure, Distribution Franchisee shall
pay to JdVVNL Damages in an amount calculated at the rate of 0.001% (zero point
zero-zero one percent) of the Performance Guarantee for each days delay until
the fulfilment of Conditions Precedent stated in Clause 2.1.3 to 2.1.8.

2.1.10 If Distribution Franchisee fails to satisfy any or all Conditions Precedent in the 45
(forty five) days after expiry of specified time period (i.e. within 60 days of the
signing of this Agreement, then it shall be considered as a Critical Event of Default
as specified in Clause 17.1.1.

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2.2 Conditions Subsequent to be satisfied by the Distribution Franchisee &


JdVVNL

2.2.1 Arrear Determination

The Joint Audit Team of JdVVNL and the Distribution Franchisee shall complete an
audit of:

Opening Asset Register;

Opening level of arrears;

Segregation into permanently disconnected and current live arrears;

Ageing analysis of current live arrears up to a period of three months;

Credit Balance from Consumers; and

Joint verification of permanently disconnected Consumers

2.2.2 Methodology to compute Average Billing Rate (ABR) tariff for each billing period for
the purpose of Clause-8 during the term of this Agreement

2.2.3 The component of ABR will remain the same as declared as a part of Conditions
Precedent. However any new component of tariff approved by RERC in future, by
whatsoever name, shall be included in ABR for the purpose of Tariff Adjustment
under Clause 8.1

2.2.4 JdVVNL shall identify the Consumers for which Service Connection Charges (SCC)
have been received by it, but connections have not been provided. The DF shall be
required to take necessary action for release of all those connections which have
been applied for but not released as on the Effective Date. For this purpose, the
Service Connection Charges already deposited by the consumer with JdVVNL shall
be transferred to the DF and further supervision charges received from the
Consumers, if any, towards such connections shall be remitted to the Distribution
Franchisee.

2.2.5 All the Conditions Subsequent stated above shall be satisfied within 30 (thirty) days
except for condition mentioned in clause 2.2.1.5 which shall be completed within
60 (sixty) days, from the Effective Date or such further time as may be mutually
agreed by the Parties.

If Distribution Franchisee fails to satisfy the Conditions Subsequent stated in Clause


2.2, within the time-period as specified above, and the delay has not occurred as a
result of failure to fulfil the obligations or other breach of this agreement by
JdVVNL or due to Force Majeure, Distribution Franchisee shall pay to JdVVNL
Damages in an amount calculated at the rate of 0.001% (zero point zero zero one

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percent) of the Performance Guarantee for each days delay until the fulfilment of
all Conditions Subsequent. If Distribution Franchisee fails to satisfy any or all
Conditions Subsequent within 45 (forty five) days after expiry of the specified time-
period, then it shall be considered as a Critical Event of Default as specified in
Clause 17.1.1.

3 Term of Agreement

3.1 Term of Agreement:

The term of this Agreement shall be for a period of Twenty (20) years from the
Effective Date.

3.2 Early Termination

This agreement can be terminated before the expiration of the Franchisee Period
as per the provisions of Clause-17 and Clause-3.3 of this Agreement.

3.3 Event of Abandonment

If the Distribution Franchisee ceases to operate all and/or any substantial part of
the Distribution System for a period of forty-eight (48) consecutive hours without
the prior written consent of JdVVNL, then JdVVNL or its designates shall be entitled
to immediately enter any and/or all of the site(s) and operate the Distribution
System, provided however that:

An event of abandonment shall not have been set to occur, if the cessation of
operation has resulted from

(i) an event of Force Majeure; or

(ii) a scheduled outage; or

(iii) Non-supply of power by JdVVNL) over a period of 48 hours

It is however expressly agreed that if the Distribution Franchisee is proceeding with


diligence and good faith to overcome or remedy such event and such event is
overcome or remedied within a further period of forty-eight (48) hours, then such
an event shall not be treated as an event of abandonment.

It is hereby expressly agreed that all third party liabilities arising out of the event of
abandonment shall be borne by the Distribution Franchisee alone. The Distribution
Franchisee shall indemnify and hold JdVVNL harmless against the same as provided
in Clause 15.1.2. The Distribution Franchisee shall compensate JdVVNL for the
losses suffered by JdVVNL, if any, as provided in Clause 15.

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3.4 Survival

The expiry or termination of this Agreement shall not affect accrued rights and
obligations of the parties under this Agreement, nor shall it affect any continuing
obligations for which this Agreement provides, either expressly or by necessary
implication post its expiry or termination.

4 Grant of Distribution Franchise

4.1 Grant of Franchise

Subject to the terms and conditions of this Agreement and the Act, JdVVNL agrees
to sell/supply electricity to the Distribution Franchisee at annual Input Energy Rates
for further distribution in the Franchisee Area and the Distribution Franchisee
hereby agrees that it shall perform all the obligations and accept all the liabilities of
JdVVNL as the Distribution Licensee for the Franchisee Area as stipulated in the
Law, as if they were to apply to the Distribution Licensee and other activities as
stipulated in this Agreement . In consideration of the above, the Distribution
Franchisee shall have Right to Use JdVVNL Distribution Assets and all other
rights, powers and authorities available to JdVVNL as a Distribution Licensee to
perform its obligation under this Agreement. Distribution Franchisee however shall
not be the owner of JdVVNL Distribution Assets.

4.2 Legal Status of Distribution Franchisee

The Distribution Franchisee shall be a franchisee of JdVVNL as defined under the


Act and it shall not be a licensee under Section 14 of the Act.

4.3 Exclusivity

The Distribution Franchisee will be the exclusive franchisee of JdVVNL in the


Franchisee Area. The Distribution Franchisee is entitled to assign or transfer its
rights and obligations under this agreement only to banks /financial
institutions/financing agencies who are lenders to this specific project. Apart from
the aforesaid, the Distribution Franchisee shall not be entitled to assign or transfer
in any manner its rights and obligations under this Agreement to its affiliate or any
other third party without the prior written approval of JdVVNL. However the
Distribution Franchisee may appoint sub-contractor(s) for outsourcing some of its
activities with a prior three days written intimation to JdVVNL. It is however
clarified that the Distribution Franchisee alone shall be liable and responsible to
JdVVNL for the due performance of this Agreement and any default / breach of any
of the terms and conditions of this Agreement by any such subcontractor shall be
deemed to be a default / breach by the Distribution Franchisee.

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4.4 Franchisee Area

The Franchisee Area at present contains input points as detailed in Annexure-1. In


case the details provided in the Annexure-1 is different from the Joint Audit report,
the conclusions of the Joint Audit report shall be final and Annexure-1 shall stand
amended accordingly. Notwithstanding this Joint Audit Report, the Input Energy
Rates quoted by the Distribution Franchisee with the Financial Proposal and
accepted by JdVVNL for the contract period shall remain unchanged.

4.5 Effect of Acceptance

By accepting the Franchisee and executing this Distribution Franchisee Agreement,


the Distribution Franchisee accepts and agrees to comply with the provisions of this
Distribution Franchisee Agreement and the Act.

4.6 Directions

Distribution Franchisee shall comply with JdVVNL directives issued for compliance
of the Laws, Regulations, Orders and Directives of RERC. However, the Distribution
Franchisee shall have option of adopting alternative methods for complying with
applicable Laws, Regulations, Orders and Directives of RERC.

4.7 Intent

It is the intent of both the Parties that each Party shall enjoy all rights and be
subject to all obligations of this Distribution Franchisee Agreement for the entire
term of the Agreement and to the extent any provisions have continuing effect,
after its expiration.

5 Activities of Distribution Franchisee:

5.1 Right of Use to JdVVNL Distribution Assets

5.1.1 The Distribution Franchisee shall be entitled to use JdVVNL Distribution Assets to
perform its obligation under this Agreement free of cost. However recurring
expenditure like water/power consumption shall be at DFs cost. JdVVNL shall
however, continue to be the owner of such assets.

5.1.2 Distribution Franchisee shall use and maintain such assets at its own cost to keep
them in good working condition as per Prudent Utility Practices.

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5.1.3 Distribution Franchisee shall not dispose off or alienate or in any way encumber
such assets of JdVVNL.

5.1.4 If any such asset is scrapped, the same shall be deposited at the store at the
[complete address of JdVVNLs store in/nearby the Franchisee Area] or Substation
or any other area as specified by JdVVNL, at the Franchisee Area by the
Distribution Franchisee at its cost. JdVVNL shall duly identify the scrap against its
Asset register for Transformers & accessories and HT network.

5.1.5 Asset Register of the Bikaner Franchisee Area, which shall be duly verified and
signed by both the parties in compliance of the provisions of Clause 2.2.1.1.

5.1.6 On termination/ expiry of this agreement, the Distribution Franchisee shall without
demur hand over physical possession/ custody of JdVVNL Distribution Assets in
same condition, subject to normal wear and tear and Clause 5.1.4.

5.1.7 Any shortfall in the quantity of JdVVNL Distribution Assets verified and recorded in
the joint audit report shall be recovered from the Distribution Franchisee at the
cost of replacement of such asset. The Distribution Franchisee shall have the
option to replace such missing or lost equipment (shortfall) with comparable
equipment.

5.1.8 If the Distribution Franchisee uses JdVVNL assets that have not been transferred as
a part of JdVVNL Distribution Assets, separate charges for the use of the same
shall be payable to JdVVNL.

5.1.9 If the Distribution Franchisee intends to utilize other services of JdVVNL such as
Testing facilities for HT/LT metering, switching/substations and Distribution
transformers or any other technical assistance, the charges as applicable for the
same shall be payable to JdVVNL.

5.1.10 Under no circumstances the Distribution Franchisee shall use JdVVNLs asset or
assets created by it in the Franchisee Area for any purpose other than the
objective of this agreement i.e. Distribution and Supply of electricity in the
Franchisee Area. However in an exceptional case, if such need arises then the
written permission of JdVVNL is required.

5.2 Minimum Capital Expenditure

5.2.1 The Distribution Franchisee shall plan and implement capital expenditure to
improve efficiencies, upgrade infrastructure etc. as is deemed necessary by
Distribution Franchisee. However Distribution Franchisee shall submit a work plan
every year of 90% of the total amount proposed for such capital investment for

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which no formal approval is required from JdVVNL. For balance 10% of the capital
expenditure, DF shall have to take prior approval of JdVVNL every year.

5.2.2 Distribution Franchisee shall provide for capital expenditure to improve efficiencies,
augment and upgrade infrastructure, reduction in Distribution Losses and
improvement in quality of supply in the Franchisee Area. The Distribution
Franchisee shall make a minimum investment of Rs. 114.61 Crore spread over a
period of 5 (five) years in accordance with details of Minimum Capital Expenditure
submitted by Distribution Franchisee to JdVVNL as specified in Clause 2.1.3 of
Distribution Franchisee Agreement. Distribution Franchisee shall execute the
Minimum Capital Expenditure plan in such a manner that at least:

10% of the Minimum Capital Expenditure is spent in first year;

30% of the Minimum Capital Expenditure is spent in first two years;

50% of the Minimum Capital Expenditure is spent in first three years;

75% of the Minimum Capital Expenditure is spent in first four years; and

100% of the Minimum Capital Expenditure is spent in first five years.

Distribution Franchisee shall submit the evidence for completion of Minimum


Capital Expenditure within 60 (sixty) days from the completion of such works as
per the specified time-period given above.

If Distribution Franchisee fails to provide evidence for completion of Minimum


Capital Expenditure within the time-period as specified above then Distribution
Franchisee shall deposit the balance/unspent amount of such Minimum Capital
Expenditure planned for that particular year/s with JdVVNL. In case Distribution
Franchisee fails to do so, then JdVVNL may recover such amount by invoking
Escrow Account or Letter of Credit or Performance Guarantee as JdVVNL may
deem appropriate.

5.2.3 The amount shall be held by JdVVNL until Distribution Franchisee completes the
pending Minimum Capital Expenditure works in the given time-period. Once the
Distribution Franchisee completes the pending works and submit the evidence to
JdVVNL, JdVVNL shall release the amount so recovered without any interest.

5.2.4 Such capital expenditure implemented by the Distribution Franchisee would include
replacement of Distribution Assets also.

5.2.5 The cost of all such capital investment shall be borne by the Distribution
Franchisee. The input energy rates quoted by the Distribution Franchisee shall be
deemed to have taken into account the cost of finance and depreciation on
account of these investments.

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5.2.6 For The Distribution Franchisee shall arrange the funds required for meeting its
Minimum Capital Expenditure. However, for capital expenditure beyond Minimum
Capital Expenditure, in case there is any capital investment funding scheme like R-
APDRP, National Electricity Fund etc. proposed from Government of India or the
State Government or any Department or Undertaking thereof or any multilateral
funding organizations which is available to JdVVNL as Distribution Licensee at
terms and conditions which, in the opinion of the Distribution Franchisee, are
better than those available to it from its own sources, then at the request of the
Distribution Franchisee and detailed project proposals to be prepared and
submitted by the Distribution Franchisee to JdVVNL within the scope of such
funding schemes, JdVVNL may avail such schemes and get the same implemented
in the Franchisee Area through the Distribution Franchisee. There shall be a back
to back arrangement between JdVVNL and the Distribution Franchisee with
negotiated terms and conditions along with requisite bank guarantees mechanism
for meeting the finance cost and loan liabilities of such schemes. For this purpose,
JdVVNL shall enter into a separate agreement with Distribution Franchisee, outside
the purview of this Distribution Franchisee Agreement, covering payment of the
interest, repayment of loan to the funding agency, conversion of loan into grant,
transfer of assets on termination of such funding scheme and any other terms &
conditions incident thereon etc.

5.2.7 However, apart from meeting the Minimum Capital Expenditure of Rs. 114.61 Crore
Distribution Franchisee may avail the funds granted through IPDS scheme to
JdVVNL by Ministry of Power, Government of India (GoI). For availing this scheme,
there shall be a back to back arrangement between JdVVNL and the Distribution
Franchisee with negotiated terms and conditions along with requisite bank
guarantees mechanism for meeting the finance cost and loan liabilities of such
schemes. For this purpose, JdVVNL shall enter into a separate agreement with
Distribution Franchisee, outside the purview of this Distribution Franchisee
Agreement, covering payment of the interest, repayment of loan to the funding
agency, conversion of loan into grant, transfer of assets on termination of such
funding scheme and any other terms & conditions incidental thereto or thereon
etc.

5.2.8 The Distribution Franchisee shall also maintain a separate record of the Distribution
Assets purchased by it with all details and particulars. It shall also make entries of
these assets in the asset register.

5.2.9 Upon expiry/termination of this Agreement, Distribution Franchisee shall hand over
all JdVVNL and Franchisee Distribution Assets of Franchisee Area, to JdVVNL in
working condition subject to normal wear and tear. The Distribution Franchisee
shall not have a right whatsoever to take back these assets, if the same are to be
compensated by JdVVNL in terms of the Agreement.

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5.2.10 On the expiry/termination of this Agreement, JdVVNL shall compensate Distribution


Franchisee for the Distribution Assets added by Distribution Franchisee, to the
extent funded by the Distribution Franchisee, at the depreciated value of such
assets.

5.2.11 Such assets in normal working condition shall be transferred to JdVVNL at the
depreciated value in the audited books of accounts of the Distribution Franchisee
based on depreciation rate approved by RERC. The approved depreciation rate of
RERC is attached in Annexure-9 which shall remain constant for the term of
agreement.

5.2.12 The Distribution Franchisee shall submit details of the assets added by it on a
quarterly basis, and the book value of such assets shall be certified by independent
auditor as acceptable. The independent auditor shall be jointly appointed by
JdVVNL and Distribution Franchisee. The fee for the services provided by
independent auditor shall be equally shared by JdVVNL and Distribution
Franchisee. Such certification shall be done within a period of 90 (ninety) days
from the date of creation of such asset.

5.2.13 Any land to be purchased for the purpose of construction of sub-station shall be
provided by JdVVNL. In case the franchisee purchases any such land after taking
due permission from JdVVNL for suitability of land and also about its price, the cost
of such land shall be remitted by JdVVNL to the Distribution Franchisee at the
expiry of the contract along with the interest thereon as may be mutually agreed
between the DF and JdVVNL before the purchase of land. Such land shall be
transferred in the name of JdVVNL after the expiry of the contract and remittance
of the due amount to the DF by JdVVNL. JdVVNL shall facilitate Distribution
Franchisee in obtaining RoW for laying of the electrical lines wherever required .

5.2.14 Notwithstanding anything stated above, all investments shall be planned and
implemented keeping in view the distribution license conditions of JdVVNL and the
procedures prescribed therein.

5.2.15 All the capital expenditure to be made by the DF 16th year onwards other than for
load growth will require prior approval from RERC

5.2.16 All the capital expenditure 16th year onwards requiring approval from RERC shall be
submitted by the Distribution Franchisee to JdVVNL and JdVVNL will facilitate its
approval from RERC. Any capital expenditure made in violation of these conditions
which is rejected by the RERC/ JdVVNL, shall not be compensated, as provided for
in clause 5.2.9 above, by JdVVNL.

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5.3 Supply of O&M Spares

For the period of first three months from Effective Date, JdVVNL may arrange to
issue O&M spares to the Distribution Franchisee at its request, subject to
availability, and at store issue rate of JdVVNL. Distribution Franchisee shall be
required to pay the cost of such O&M spares to JdVVNL.

5.4 Supply of Energy

5.4.1 JdVVNL shall supply minimum energy at Input Points of the Franchisee Area to
fulfil its obligations under this DFA and as per RERC and SLDC directives for
maintaining grid discipline. Without prejudice to the foregoing, JdVVNL shall not
discriminate in the supply of power between the Franchisee Area and other
distribution circles.

5.4.2 In case JdVVNL is unable to provide sufficient energy to meet the requirement of
the Franchisee Area, the franchisee may request JdVVNL to source the energy that
is in deficit, from the open market. As regards the mechanism, while the franchisee
will identify and procure power from diverse sources, the agreements for purchase
of power shall be executed by JdVVNL as the Principal Party. JdVVNL will have to
comply with Section 86(1)(b) of the Electricity Act, 2003 by making necessary
applications to the RERC for scrutiny and approval even if the power is procured
specifically for the Franchisee area. In the same application, JdVVNL shall seek
RERC's approval for a Reliability Charge which it will recover from DF through the
monthly invoice and DF in turn shall recover the same from its consumers as
approved by RERC. JdVVNL shall be responsible for justifying the need for power,
its price, its contractual arrangement under power purchase agreements, for
scrutiny and approval of the RERC. The DF will identify the additional sources of
power purchase and the rate for the same, and JdVVNL will enter into Power
Purchase Agreements (PPAs) with contracted parties for power purchase. JdVVNL
will enter into a four party agreement/PPAs with the Franchisee and RVPNL as
Parties to the PPA. Such electricity purchase (including price) and power
procurement process of JdVVNL will be subject to regulation by the RERC under
the provisions of Section 86(1)(b) of the Act. The required quantum of additional
power shall be allocated to the Franchisee Area.

5.4.3 JdVVNL shall also assist the Franchisee in obtaining information from Rajasthan
Vidyut Prasaran Nigam Limited (RVPNL) about the transmission capacity for power
purchase.

5.4.4 Such scheme shall be implemented only after approval of RERC. JdVVNL shall have
no responsibility or liability if such scheme is not approved/ rejected by RERC.

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5.4.5 In case of procurement of power from sources other than JdVVNL, the wheeling
charges shall be payable by Distribution Franchisee for using the network other
than that of the distribution network of JdVVNL for distribution of power in the
Franchisee Area and shall be recoverable by the Distribution Franchisee from the
tariffs as levied by JdVVNL.

5.4.6 The Distribution Franchisee shall not sell the Input Energy to anyone outside the
Franchisee Area.

5.4.7 The Distribution Franchisee shall strictly adhere to the planned load shedding
schedule of JdVVNL based on directives issued by SLDC.

5.4.8 The Distribution Franchisee shall also follow the instructions of Rajasthan Vidyut
Prasaran Nigam Limited/ State Load Dispatch Centre for grid discipline.

5.4.9 In order to fully recover the cost of energy to meet such deficit, the DF may charge
the consumers in the form of a Reliability Charge per unit. JdVVNL shall obtain
prior approval of the RERC for the levy of such charge and convey the same to the
DF.

5.5 Liabilities and Obligations

5.5.1 The Distribution Franchisee shall accept all liabilities and perform all obligations of
the distribution licensee (JdVVNL) in the Franchisee Area as a franchisee of
JdVVNL, in compliance with the Law, Regulations and Directives of RERC issued
from time to time as if they were to apply to licensee and directives of JdVVNL for
compliance of laws, regulations, orders and directives of JdVVNL. The broad scope
of work would be as follows:

5.5.2 Undertake distribution & supply of power to the Consumers of JdVVNL in the
Franchisee Area from Effective Date.

5.5.3 Undertake all Operation & Maintenance related activities in Franchisee Area.

5.6 Treatment of Ongoing Contracts

5.6.1 Distribution Franchisee shall be responsible for administering the ongoing contracts
entered with JdVVNL.

5.6.2 For the activities outsourced by JdVVNL to any agencies prior to appointment of
Distribution Franchisee, if the Distribution Franchisee does not agree to continue
with such outsourced activities, JdVVNL will cancel such outsourced agreements
with the concerned agencies and termination cost; as specified in the contract
between JdVVNL and concerned agencies; shall be borne by JdVVNL.

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5.6.3 Work in progress for Capital Investments already in pipeline shall be continued by
JdVVNL. In case of an ongoing capital expenditure contract involving a contractor
appointed by JdVVNL, if such contractor fails to complete the said works as per the
prescribed time schedule, the DF will request JdVVNL to take necessary action
including cancellation of such contract for which JdVVNL shall bear all the liabilities
and third party claims accrued there from, if any. In case of an ongoing capital
expenditure contract being undertaken by JdVVNL, should JdVVNL fail to complete
the said works as per the prescribed time schedule, the DF may carry out the
remaining work on behalf of JdVVNL and deduct the investments from the input
energy amount payable to JdVVNL. The amount of investments as claimed by DF
shall be subject to the audit by third party independent auditor jointly appointed by
JdVVNL and DF. The amount of fee payable to third party independent auditor shall
be jointly shared by JdVVNL and Distribution Franchisee. The details of the
ongoing capital expenditure are provided as part of the RFP document.

5.6.4 Distribution Franchisee can use the customer care /complaint centre of JdVVNL up
to one year from Effective Date. For using this facility JdVVNL shall not charge any
rent from Distribution Franchisee.

5.6.5 Any legal liability or any other such liability on completed contracts shall be borne
by JdVVNL and JdVVNL shall keep the DF completely indemnified in this regard.

5.6.6 Neither party shall undertake any obligation or liability under this Agreement if
JdVVNL fails to successfully handover the operation to DF.

5.7 Technical Duties and Responsibilities of the Distribution Franchisee

The broad duties and responsibilities would include, but not limited to, the
following activities:

5.7.1 Load Forecast

The Distribution Franchisee shall carry out demand estimation / load forecast of the
Franchisee Area everyday and apprise the same to JdVVNL.

5.7.2 Energy Audit

The Distribution Franchisee shall carry out energy audit on a monthly basis and
submit a report of the same to JdVVNL. The methodology for the same has been
enclosed at Annexure-2.

5.7.3 Operation, Repair & Maintenance and Up gradation

The Distribution Franchisee shall at its own cost perform the following tasks:

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5.7.3.1 Operation and maintenance of Distribution Assets from the start of input feeders of
Franchisee Area

5.7.3.2 Operation and maintenance of sub-stations and transformer stations

5.7.3.3 Installation of metering devices and carrying out meter reading, monitoring all
feeders and distribution transformers as per requirement.

5.7.3.4 Repair, maintain and replace failed distribution transformers as per RERC Supply
Code and Standards of Performance

5.7.3.5 Maintain a minimum level of rolling stock of transformers and other necessary
material

5.7.3.6 Upgrade, renovate and maintain the existing distribution network/ systems/ IT
assets and systems as per Prudent Utility Practices and the standards that may be
prescribed by RERC.

5.7.3.7 For carrying out day-to-day maintenance work, if shutdown is required from EHV
station on any feeder, the Distribution Franchisee shall apply for proper permit
from Rajasthan Vidyut Prasaran Nigam Limited (RVPNL) EHV substation. Such
permit shall be returned to concerned EHV substation immediately after the work is
completed. The Distribution Franchisee shall also intimate schedule of planned
outages to the concerned EHV substation and maintain day-to-day coordination for
smooth operation of transmission network

5.7.4 Compliance with Standards

5.7.4.1 The Distribution Franchisee shall take all reasonable steps to ensure that all
Consumers within the Franchisee Area receive a safe and reliable supply of
electricity as defined by RERC.

5.7.4.2 The Distribution Franchisee shall be responsible for complying with all Indian
Electricity Rules, RERC Standards, Regulations and other Directives as issued and
modified from time to time and as applicable to any distribution licensee. Any
penalty imposed on JdVVNL by RERC or any other Government Authority on
account of failure of the Distribution Franchisee in compliance shall be borne by the
Distribution Franchisee.

5.7.4.3 The Distribution Franchisee shall conduct its franchised business in the manner,
which it considers to be best calculated to achieve the Overall Performance
Standards for provision of Supply of services and the promotion of the efficient use
of electricity by Consumers pursuant to Electricity Act 2003.

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5.7.4.4 The Distribution Franchisee shall adhere to Rajasthan State Load Despatch Control
(SLDC) instructions to maintain the grid discipline from time to time during the
subsistence of this Agreement.

5.7.4.5 Shall ensure Zero drawl of reactive power as per the Rajasthan State Grid Code.

5.7.5 Consumer Service

(A) Electricity Supply Code

The Distribution Franchisee shall:

i. Comply with Electricity Supply Code and other conditions of supply as approved
and modified by RERC from time to time from the Effective Date. Any penalty
imposed on JdVVNL by RERC for non-compliance shall be borne by the Distribution
Franchisee for reasons deemed attributable to it.

ii. Bring to the notice of the Consumers the existence of the Supply Code (and
conditions of supply as approved and modified by RERC from time to time),
including its substantive revision and their right to inspect or obtain a copy in its
latest form;

iii. Make available a copy of the Supply Code (and conditions of supply as approved
and modified by RERC) revised from time to time, for inspection by the public
during normal working hours; and

iv. Provide free of charge a copy of the Supply Code (and conditions of supply) as
revised from time to time to each new Consumer, and to any other person who
requests for it at a price not exceeding the cost of duplicating it.

(B) Consumer Complaint Handling

The Distribution Franchisee shall comply with the complaint handling procedure
approved by RERC. The Distribution Franchisee shall:

i. Establish within a period of one year from the Effective Date, at least one Internal
Grievance Redressal cell / Consumer Service Centre and one Consumer Grievance
Redressal Forum as per minimum requirements indicated in Annexure-3 for
Consumer Complaints and Redressal system.

ii. Redress commercial, billing, all other Complaints of Consumers.

iii. Make available, on demand, a copy of the complaint handling procedure, revised
from time to time, for inspection by the public at each of the relevant premises
during normal working hours; and

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iv. Provide free of charge a copy of the procedure revised from time to time to each
new Consumer, and to any other person who requests for it at a price not
exceeding the cost of duplicating it.

v. To comply with the Orders and Directions, if given by a court or forum under
Consumer Protection Act 1986 or Consumer Grievance Redressal Forum and
Electricity Ombudsman under the RERC (Settlement of Disputes by Electricity
Ombudsman) Regulations, 2010.

(C) Consumer Services

The Distribution Franchisee, on request of the Consumer, to the extent that is


reasonably available to the Distribution Franchisee, shall provide:

i. Information on all services provided by the Distribution Franchisee including


information about the tariff and other charges,;

ii. Information on meter readings for the electricity services provided to the Consumer
premises by the Distribution Franchisee in the Franchisee Area; and

iii. Information on the status of the Consumers account with the Distribution
Franchisee.

(D) Compliance of Rajasthan Guaranteed Delivery of Public Services Act,


2011 and Subsequent Rules

Distribution Franchisee shall comply with Rajasthan Guaranteed Delivery of Public


Services Act, 2011 and Rules made there under. Any penalty on account of delayed
services or non-performance of the services, for the reasons attributable to
Distribution Franchisee, shall be payable by Distribution Franchisee as per the
provisions of this Act and Rules thereof.

5.7.6 Obligation to Connect Consumers

i. Subject to the provisions of this Agreement, the Distribution Franchisee shall have
the following obligations: Subject to the provisions of the Electricity Act 2003, the
Distribution Franchisee shall, on the application of the owner or occupier of any
premises within the Franchisee Area, give supply of electricity to such premises as
per Distribution Code issued by RERC.

ii. Distribution Franchisee shall be responsible for incurring capital expenditure in


order to provide new connections in the Franchisee Area. The expenditure involved
in providing new connection, net of Service Connection Charges and any other
contributions / charges received from the Consumer towards capital cost of

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providing new connection as per applicable Regulations shall be deemed to form


part of the Franchisee Distribution Assets to be compensated in terms of clause
5.2.9.

iii. Subject to the provisions of the Electricity Act 2003, the Distribution Franchisee
may refuse to supply, or may disconnect the supply of electricity to any premises.

iv. The Distribution Franchisee shall retain the Service Connection Charges (SCC) and
any other approved charges collected from the consumers for giving new
connections/ any alteration of service connection including load extension/
reduction levied as prescribed by RERC.

v. The Distribution Franchisee shall collect the Security Deposit from the Consumers
for giving new connections. The amount of security deposit so collected shall be
transferred to JdVVNL.

vi. The applicable interest on these deposits shall be borne by JdVVNL and the same
shall be transferred to the Distribution Franchisee net of Tax Deduction at Source
(TDS) to meet its obligations as per applicable regulations. JdVVNL shall also issue
TDS certificate to the eligible consumers as per the applicable laws and regulations.

vii. The adjustment against arrears on account of Consumers who are permanently
disconnected by the Distribution Franchisee after the Effective Date shall be
allowed from the Security Deposit of the respective Consumer after following
applicable regulations. However, in case of Consumers existing on the Effective
Date, JdVVNL shall have the first right on the security deposit.

viii. The Distribution Franchisee shall not grant new connections to Permanently
Disconnected (PD) Consumers as on Effective Date without the written consent of
JdVVNL unless arrears have been recovered from them and remitted to JdVVNL.
JdVVNL shall take responsibility for such cases and defend the legal cases, at its
own cost, arising out of such an action by the Distribution Franchisee.

ix. The Distribution Franchisee shall levy the Security for Meter as prescribed by RERC.
The Distribution Franchisee may retain the Security for Meter collected after the
Effective Date. JdVVNL shall transfer the existing Security for Meter as on Effective
Date to the Distribution Franchisee within 30 days from Effective Date.

5.8 Commercial Duties and Responsibilities of the Distribution Franchisee

The Distribution Franchisee shall perform following functions, besides those


mentioned elsewhere in this Agreement, in the Franchisee Area:

5.8.1 Meter reading and billing to the Consumers as per the tariff approved by RERC
from time to time.

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5.8.2 Collection from the Consumers as per the billing.

5.8.3 Collection of arrears on behalf of JdVVNL.

5.8.4 Make timely payments to JdVVNL as per the terms and conditions of this
Agreement.

5.8.5 Replace defective meters with new meters.

5.8.6 Maintain Consumer database and billing records.

5.8.7 Initiate necessary action, in accordance with the procedure for anti theft,
disconnection and control of commercial losses as defined in Electricity Act 2003
and applicable Regulations and Directives issued by RERC.

5.8.8 Discharge all duties and responsibilities of JdVVNL as the distribution licensee as
required by the License Regulations of the RERC except such of the conditions,
which cannot be complied with by the Distribution Franchisee alone.

5.8.9 Undertake any other activity as may be notified from time to time by RERC to the
distribution licensee.

5.9 General Duties and Responsibilities of the Distribution Franchisee:

DF shall ensure deployment of personnel with suitable qualifications and


experience for discharging its obligations as per this Agreement. DF shall issue
proper Identity Cards & adhere to the Dress Code (Uniform) for its staff for
performing their official duties at every level in line with Prudent Utility Practices.

6 Duties and Responsibilities of JdVVNL

The broad duties and responsibilities of JdVVNL would include the following
activities:

6.1 JdVVNL shall ensure the supply of power to Distribution Franchisee of acceptable
quality standards as per Clause 5.4.

6.2 JdVVNL shall communicate to Distribution Franchisee any shortfall or inability to


supply, the power requirements of the Distribution Franchisee.

6.3 JdVVNL shall carry out meter reading jointly with Distribution Franchisee on a
monthly basis at Input Points of the Franchisee Area.

6.4 JdVVNL shall support the Distribution Franchisee initiatives to adopt innovative
practices to bring about effectiveness and to achieve enhanced efficiency in
electricity distribution business.

6.5 JdVVNL will recommend setting up Special Courts and facilitate administrative and
police support whenever the situation so warrants for smooth functioning of the
Distribution Franchisee

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6.6 JdVVNL shall create a separate cell headed by an officer of the rank of
Superintending Engineer for coordinating with Distribution Franchisee for day to
day activities.

6.7 JdVVNL shall provide the necessary support to the Distribution Franchisee for
testing of meters and other equipments in their NABL accredited testing facilities at
Jodhpur or any other location on payable basis.

6.8 JdVVNL shall make a record room and shall be accountable for up-keeping and
maintaining the custody of all the records (in any format) lying in any offices of the
Franchisee Area prior to the Effective Date. Such records shall be made available to
the DF by JdVVNL, if so required.

7 Metering and Measurement

7.1 Metering System

7.1.1 The Distribution Franchisee shall install and operate the Check Metering system in
accordance with this Clause 7 and Central Electricity Authority (Installation and
Operations of Meters) Regulations, 2006. In addition to the existing Main Meters at
each of the Input Points, the Distribution Franchisee shall also provide a check
meter at each of them.

7.1.2 Installation and timely replacement of main meters as required to directly measure
energy input in the Franchisee Area shall be the responsibility of JdVVNL/ RVPNL/
Central Transmission Utilities as the case may be.

7.2 Inspection and Testing of Meters

7.2.1 JdVVNL / RVPNL and Distribution Franchisee shall jointly inspect and if necessary,
recalibrate the metering system on a regular basis but in any event, at least once
every three (3) months or at a shorter interval at the request of any of the three
parties.

7.2.2 Each Meter comprising the metering system shall be sealed by JdVVNL, Distribution
Franchisee and RVPNL, and shall not be opened, tested or calibrated except in the
presence of all the parties.

7.3 Inaccuracy of Meters

In case the difference between the readings of the main meter and the check
meter for any calendar month is within 0.5%, the reading of the main meter shall
be taken as final. If however, the variation exceeds 0.5 %, the final value shall be
arrived at as per the procedure described hereunder:

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Whenever difference between the readings of the Main meter and the Check meter
for any month is more than 0.5%, the following steps shall be taken Checking of
CT and VT connections:

a) Calibration of interface meters at site with reference standard meter of accuracy


class higher than the meter under test.

b) On carrying out the re-calibration of the main meter, if it is discovered that either
the percentage of inaccuracy exceeds 0.5 % or that the main meter is not
working, the following procedure in order of priority, whichever is feasible, for
arriving at the computation of quantity of energy during the period between the
last calibration and the present, shall be followed:

(i) On the basis of the readings of the check meter if installed and functioned
accurately; or

(ii) By correcting the error if the percentage of error is ascertainable of


calibration, tests or mathematical calculation; or

(iii) By estimating the volume of energy delivered based on the meter reading
on the upstream of the network i.e. energy reading of meters installed on
LV side of the power transformers or HV side of the transformer.

c) The correction to the quantity of energy injected shall apply to the following
periods (hereinafter referred to as the Correction Period):

(i) To any period of time during which the main meter was known to be
malfunctioning or to which the parties mutually agree;

(ii) If the period during which the main meter was malfunctioning is not known
or is not agreed to between the parties, the correction shall be applicable
for a period equal to half the time elapsed since the date of the preceding
calibration test, provided that under no circumstance shall the Correction
Period exceed one month.

d) If the difference exists even after such checking or testing, then the defective
meter shall be replaced with a tested meter.

e) In case of conspicuous failures like burning of meter and erratic display of metered
parameters and when the error found in testing of meter is beyond the permissible
limit of error provided in the relevant standard, the meter shall be immediately
replaced with a tested meter.

f) In case where both the Main meter and Check meter fail, at least one of the
meters shall be immediately replaced by a tested meter.

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7.4 Measurement

7.4.1 Distribution Franchisee shall carry out weekly meter readings at Input Points at
18.00 hours on 7th, 14th, and 21st day of each calendar month and intimate the
same to JdVVNL by 16.00 Hrs on the next business day.

7.4.2 A joint meter reading by both the parties shall be carried out at 0.00 Hrs on the
Effective Date.

7.4.3 A joint meter reading by both the parties shall be carried out on the last day of
every calendar month at 1800 Hrs w.e.f the Effective Date. Adjustments, if any,
shall be carried out for monthly payments as mentioned in Clause 8 based on the
aforementioned meter reading.

7.4.4 JdVVNL shall raise invoices as mentioned in Clause 8 based on input units
measured by Distribution Franchisee as specified in previous Clause.

7.4.5 The Metering and Measurement System stated in this Clause shall also be
applicable to payments on account of Wheeled Electricity.

7.4.6 Until 0.2s Class meters are installed as main meters, the reading of check meter
shall be used for billing provided the check meters are of 0.2s accuracy Class.

8 Billing and Payment

8.1 Billing (Monthly Invoice)

The First Invoice raised by JdVVNL on the Distribution Franchisee shall correspond
to the energy input between first day and thirtieth day from the Effective Date plus
for the no. of days remaining in the calendar month after thirtieth day from the
Effective Date. All subsequent invoices shall be raised by JdVVNL for period starting
1st day of the calendar month and last day of calendar month.

Invoice shall be computed as per the formula given below:

Monthly [{RIEM + WCM + TOSEM + SDNM + (R P) + RCM}


=
Invoice (MI) (CARPDARM + CARCLRM) SBM]

RIEM = Revenue for Input Energy as per Joint Measurement

RIEM = EIM * AIRN *TIRN

EIM = Energy Input in the Franchisee Area during the month, which shall
be the energy purchased from JdVVNL.

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AIRN = Annualized Input Rate applicable for the year as per Annexure-4.

TIRN = ABRN / ABRBase_Year

WCM = Wheeling Charges applicable to energy procured over and above the
quantity purchased from JdVVNL for the month computed as per
RERC regulations.

RCM = Reliability Charges applicable to energy procured over and above the
quantity purchased by JdVVNL and supplied to DF as approved by
RERC.

TOSEM = Tax on Sale of Electricity collected during the billing period

SDNM = Security Deposit for new connections issued during the period and
for which information has been received as per Clause- 14.1.

R = Rebate to the Distribution for making early payment, if applicable,


as per clause 8.2.12

P = Penalty leviable on the Distribution Franchisee for delay on account


of previous payments and shall be computed @18% per annum
quarterly compounded on the outstanding amount.

CARPDRM = Credit available to the Distribution Franchisee for incentive on


account of arrears from the HT/ LT permanently disconnected
Consumers collected and remitted to JdVVNL during this billing cycle
and shall be computed as below:

CARPDRM = 0.2*ARPDRM

ARPDRM = Amount of arrears on account of permanently disconnected


Consumers prior to the Effective Date collected and remitted by the
Distribution Franchisee to JdVVNL during this billing cycle.

CARCLRM = Credit Available to the Distribution Franchisee for incentive on


account of arrears from the HT/ LT current live Consumers collected
and remitted during this billing cycle and shall be computed as
below:

CARCLRM = 0.1*ARCLRM

ARCLRM = Amount of arrears on account of HT/ LT current live Consumers,


accrued one month prior to the Effective Date collected and
remitted by the Distribution Franchisee to JdVVNL during this billing
cycle.

SBM = Total Amount of Subsidy assessed by JdVVNL during this Billing


Cycle

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Tariff Indexing Ratio applicable to the billing period, calculated as ratio of


prevailing average billing rate for that calendar month as applicable to all
Consumers in the Franchise Area (ABRN) and Average Billing Rate (ABRBase_Year) as
applicable to all Consumers in the Franchise Area in Base Year.

ABR shall be computed as per the methodology given in the Third Party
Independent Audit Report for calculation of the ABRBase_Year which is enclosed as
Annexure 12 to this DFA.

The Tariff Indexation shall be computed for every month and the same shall be
used for computation of the revenue for Input Energy for units supplied to the
Distribution Franchisee in the respective calendar month.

Approved Tariff for this purpose shall mean the tariff and the applicable Fuel
Surcharge Adjustment (FSA) approved by RERC.

ABR for each month shall be computed by Distribution Franchisee based on the
bills generated for each consumer category for the month by 5th working day of the
next month. This ABR shall be treated as provisional and JdVVNL shall raise the
invoice based on this.

An independent auditor appointed jointly by JdVVNL and Distribution Franchisee


shall carry out quarterly audits of Provisional ABRs of each month of the quarter
and intimate the audited ABRs to Distribution Franchisee within 15 days of
commencement of next quarter.

The Tariff Indexation Ratio shall be based on the change in Average Billing Rate on
account of change in tariff or consumer mix or change in subsidy as applicable to
all JdVVNL consumers in the Distribution Franchisee Area.

For the purpose of computation of Tariff Indexation, ABR net of subsidy and
inclusive of subsidy as applicable to all JdVVNL Consumers in Distribution
Franchisee area for the Base Year i.e. FY 2015-16 and shall be applicable based on
the audited ABR of Rs. 6.46 per unit (Net of subsidy) and audited ABR of Rs. 6.65
per unit (inclusive of subsidy) as provided by JdVVNL.

JdVVNL will share the report of the audited ABR with details of its component.

For the consumers meters in which consumption as on 00:00 Hrs. of the Effective
Date is available in memory (i.e. Downloadable meters for HT, MIP and SIP
Consumers and Electronic/Digital Display meters for LT consumers), the sharing
shall be done on actual consumption.

For all the consumers meters in which consumption as on 00:00 Hrs. of the
Effective Date is not stored in memory (i.e. Damaged/defective meters and meters

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with mechanical counters), the revenue sharing shall be done on prorata basis
based on the number of days before Effective Date and number of days after
Effective Date

Franchisee shall transfer all the collections in JdVVNL account in lieu of the Energy
supplied before the Effective Date.

8.2 Payment

Distribution Franchisee shall make the payment to JdVVNL in the following manner:

8.2.1 Distribution Franchisee shall maintain a record of total amount collected from
Consumers against HT/ LT energy billed security deposit, and taxes & duties levied
as applicable and intimate the same to JdVVNL as per Clause 14.1.1.

8.2.2 JdVVNL shall raise monthly invoices as mentioned in Clause 8.1.1 and Distribution
Franchisee shall make the payments within 7 (seven) days of receipt of such
invoice. In case of Damages, for Events of Default and events of non-performance,
JdVVNL shall issue a Notice of Demand to Distribution Franchisee for depositing the
corresponding Damages to JdVVNL. Distribution Franchisee shall deposit the
Damages to JdVVNL within 7 days from the date of issuance of the notice failing
which interest would be levied @ 18% per annum for the period of delay quarterly
compounded.

8.2.3 If any of the due dates is a public holiday, the payment shall be remitted on the
next working day to JdVVNL.

8.2.4 The Distribution Franchisee may be required to provide credit to some HT/ LT
Consumers under relevant Directives/ Orders/ Policies of RERC e.g. Employees,
Weavers, BPL, etc. The amount (in Rupees) of the credit given by the Distribution
Franchisee to such Consumers shall be adjusted from the payment due towards
revenue for input energy.

8.2.5 In the event that any HT/ LT Consumer in the Franchisee Area avails Open Access
under the relevant Regulations issued by RERC, the Distribution Franchisee shall
retain the cross-subsidy surcharge paid, and adjustment for Distribution Losses of
such Consumer. The wheeling charges for using the Distribution System shall be
apportioned between JdVVNL and the Distribution Franchisee on the basis of ratio
of value of assets of JdVVNL and Distribution Franchisee. However additional
surcharges, if any, shall be remitted to JdVVNL along with the regular payments.

8.2.6 Distribution Franchisee shall collect and remit to JdVVNL, the arrears from current
live Consumers accrued in last one month prior to Effective Date within three
months of Effective Date in accordance with Clause-9.4.

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8.2.7 Upon recovery of the arrears, Distribution Franchisee shall, provide the details of
collection as a part of Monthly MIS and make such payment to JdVVNL along with
payment of monthly invoices..

8.2.8 JdVVNL shall give credit to Distribution Franchisee towards the incentive on
collection of arrears after receipt of such amount and documentary details from
Distribution Franchisee. This credit shall be provided in the subsequent invoice
raised as per Clause 8.1.

8.2.9 The Distribution Franchisee shall also timely remit to JdVVNL any other charges
arising from the execution of the contract such as charges towards use of JdVVNL
billing facilities, testing facilities, etc. and the adjustments on account of
reconciliation as per Clause-10 and 11.

8.2.10 The payment to be made by Distribution Franchisee against invoice as mentioned


in Clause 8.1 shall take into account the Subsidy which shall be governed by Clause
10.

8.2.11 JdVVNL shall give credit to the Distribution Franchisee for the outstanding credit
balance of Consumers as determined in the joint audit process, upon the
Distribution Franchisee providing such credit to Consumers. The credit shall be
provided in the subsequent invoice raised by JdVVNL and shall be subject to
appropriate documentation.

8.2.12 Any delay in payment to JdVVNL after due date shall attract a penal interest of
18% (eighteen percent) per annum quarterly compounded. Any early payment
before the due date (upto 4th day of issuance of invoice by JdVVNL) by the
franchisee shall also carry a rebate @ 0.15% (zero point one five percent) on the
amount payable to JdVVNL by the Distribution Franchisee.

8.2.13 In case of a shortfall or default in payment by Distribution Franchisee against the


monthly invoices and/or Damages as per clause 8.2.2, JdVVNL may recover such
amount by invocation of Letter of Credit or Escrow Account or Performance
Guarantee as deemed appropriate by it.

8.2.14 In case of any dispute regarding the applicability of Damages, Distribution


Franchisee shall first deposit the Damages and then may take-up the matter to the
dispute resolution committee as per provisions in Clause 18 of this document.

8.2.15 In case the Appellate Authority awards the decision in favour of Distribution
Franchisee, JdVVNL shall refund the Damages to Distribution Franchisee with
interest as per prevailing SBI Base Rate.

8.2.16 The money collected by the Distribution Franchisee shall be adjusted against the
current billing of Distribution Franchisee. Distribution Franchisee arrears (which

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refers to arrears that arose during the term of the Franchisee Agreement) and
JdVVNL arrears (which refers to arrears that arose prior to the Effective Date) in
that order will also be collected by Distribution Franchisee. However, the
Distribution Franchisee shall not be permitted to retain any advance amount
without adjusting against pending JdVVNL arrears, if any. It is hereby clarified that
if the amount paid by the consumer against a bill is more than his current bill
amount and the arrears of the Distribution Franchisee, then the balance amount,
after adjusting the current dues and DF arrears, shall be adjusted against the
arrears of JdVVNL.

8.2.17 Distribution Franchisee shall be responsible for payment of all taxes, duties (other
than Electricity Duty), and statutory /local levies arising out of this sale & purchase
of electricity of input energy applicable at the time of bidding. Any change in the
prevailing taxes /duties/statutory levies and any new taxes/duties/statutory levies
arising out of this sale & purchase of electricity, becoming applicable after bidding,
which cannot be passed on to consumers by the DF will be borne by JdVVNL.

8.2.18 JdVVNL shall give credit to Distribution Franchisee towards the incentive on
collection of arrears after receipt of such amount and documentary details from
Distribution Franchisee., Outstanding credit balance of Consumers as determined in
the joint audit process, Interest on Consumer Deposits; Adjustment for Average
Billing Rate (ABR) for the month, in the immediate subsequent invoice. In case the
Distribution Licensee does not provide adjustment of these credits, the Distribution
Franchisee is permitted to deduct such amounts from the Input Energy Bill payable
for the subsequent month.

8.2.19 All debit and credit pertaining to any transaction for the period before Effective
Date will be in the account of JdVVNL. Similarly all debit and credit pertaining to
any transaction for the period on or after the Effective Date will be in the account
of the Distribution Franchisee.

9 Arrears

9.1 Arrears have been classified in two categories:

(a) Arrears from connected live Consumers and

(b) Arrears from Permanently Disconnected (PD) Consumers

9.2 The connected live Consumers are those, who are currently legally connected to
the distribution network of the Franchisee Area whereas Permanently Disconnected
Consumers are no longer connected with the distribution network.

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9.3 Distribution Franchisee shall maintain separate accounts for collection from arrears
and collection on account of demand to Consumers for electricity supplied from the
Effective Date. JdVVNL shall transfer the right to collect the arrears to Distribution
Franchisee on the Effective Date and the Distribution Franchisee and JdVVNL shall
unfailingly follow the procedure as laid down by the committee to be formed as per
Annexure 5.

9.4 Distribution Franchisee shall be liable to collect the arrears from current live
consumers accrued in last one month prior to Effective Date on account of charges
for usage of electricity. These arrears shall be collected and remitted to JdVVNL by
DF. The DF shall collect and remit amount at least equivalent to the prevailing
collection efficiency taking into account the collection efficiency in the
corresponding month of last year including the amount already recovered.

9.5 Distribution Franchisee shall make best endeavour to collect arrears other than
those specified in 9.4 from current live Consumers on account of charges for usage
of electricity. JdVVNL shall offer an incentive to Distribution Franchisee on the
amount of arrear collected (i.e. arrear as determined under clause 2.2.1.2 plus
delayed payment surcharge (DPS) thereon accrued after Effective Date as per
Regulation norms till the time of realization) from Connected Consumer @ 10% of
total amount net of taxes and duties recovered from Consumers. However, the
collection from current live Consumers may first be appropriated towards current
bill and then towards the arrears. JdVVNL shall not share any expenses, costs
incurred by the Distribution Franchisee for such recovery.

9.6 Arrears on account of connected live Consumers, who are currently under any
dispute or in the process of litigation on Effective Date, shall not to be transferred
to Distribution Franchisee for recovery. The responsibility to recover such arrear
shall rest with JdVVNL.

9.7 Distribution Franchisee shall make best endeavour to collect the arrears accrued
prior to Effective Date from PD Consumers. JdVVNL shall offer an incentive to
Distribution Franchisee towards collection of such arrears @ 20% of total amount
net of taxes and duties recovered from Consumers. JdVVNL shall not share any
expenses, costs incurred by the Distribution Franchisee for such recovery.
However, for recovery of arrears from permanently disconnected consumers under
the provisions of Land Revenue Act, JdVVNL shall nominate a Nodal Officer not
below the rank of Executive Engineer for facilitating the recovery from such
Permanently Disconnected Consumers occurring before or after the Effective Date.

9.8 Arrears realized from the forfeiture or adjustment against security deposit from
Consumers shall not be eligible for the incentives stated in this Clause.

9.9 Upon recovery of the arrears, Distribution Franchisee shall provide the details of

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collection as a part of monthly MIS and make such payment to JdVVNL along with
payment of monthly invoices.

9.10 Upon expiry / termination, Distribution Franchisee shall not transfer to JdVVNL any
arrears accrued during the term except the arrears accrued in last one month prior
to the expiry / termination date of this agreement benchmarked to the prevailing
level of Collection Efficiency. These arrears shall be jointly determined and agreed
by JdVVNL and the Distribution Franchisee. These arrears shall be collected and
remitted by JdVVNL to the Distribution Franchisee within three months of Expiry /
Termination Date.

9.11 Arrears accrued during the term of Agreement prior to one month of Expiry/
Termination shall also be passed on to the Distribution Franchisee as and when
collected by JdVVNL. However, JdVVNL shall not be under any obligation to collect
such arrears. The Distribution Franchisee shall also give @ 10% of arrears
recovered net of taxes and duties for the period three months prior to the Expiry
Date from current live Consumers and @ 20% of arrears recovered net of taxes
and duties from Permanently Disconnected Consumers.

9.12 The Distribution Franchisee shall not grant new connections to permanently
disconnected Consumers exists at the time of effective date, without the consent of
JdVVNL unless arrears have been fully recovered from them and remitted to
JdVVNL. Distribution Franchisee shall provide periodic information on status of
permanently disconnected Consumers. Further, there shall be a joint inspection of
Permanently Disconnected Consumers at quarterly intervals with a methodology
which shall be jointly decided. If at any stage, such a connection comes to the
notice of JdVVNL, the Distribution Franchisee shall immediately disconnect the
Consumer. JdVVNL and Distribution Franchisee shall jointly defend the legal cases
arising out of such an action by the Distribution Franchisee. JdVVNL shall bear the
associated costs if the reasons of the litigation are attributable to it.

9.13 Notwithstanding anything contained herein, the legal rights of JdVVNL to recover
the outstanding arrears from the Franchisee Area shall also survive the Term of
this Agreement.

9.14 Notwithstanding anything contained herein, the legal rights of Distribution


Franchisee to recover the outstanding arrears accrued during the term of the
Agreement from the Franchisee Area shall also survive the Term of this Agreement.

9.15 The Distribution Licensee shall assist the Distribution Franchisee for collection of
Consumer Bills due from Government Instrumentalities. In case of delay of
payment by them beyond three Months, the Distribution Licensee shall directly
collect such outstanding dues and the Distribution Franchisee shall be free to
appropriate such amount from the Input Energy Dues for the respective month.

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10 Provision for Subsidy

In addition to the provisions stated in Clause 8, the Subsidy shall be governed by


the following:

10.1 The Government of Rajasthan presently offers subsidy on electricity tariff in certain
Consumer categories, as approved by RERC, which is paid to JdVVNL on account of
electricity supplied to those Consumers in Franchisee Area. Any subsidy offered by
Government of Rajasthan or Government of India or any other agency which has
an impact on reducing the tariff shall continue to be paid to JdVVNL. However,
JdVVNL shall raise the monthly invoice after deducting the total subsidy amount for
the billing period as the Franchisee has quoted the input energy rates inclusive of
subsidy.

10.2 However, if due to any new tariff after the Effective Date declared by the State
Government/GoI and approved by RERC, the DF is required to abide by the same,
the subsidy on account of the same shall be retained with JdVVNL. Any loss of
revenue on this account to the DF shall be taken care of through monthly invoice
raised by JdVVNL to DF.

10.3 Any subsidy including any compensation for free supply of electricity offered by
Government of Rajasthan or any other Government Instrumentality prior to
Effective Date shall be continued by Distribution Franchisee. Any special scheme
/rebate /incentive for Arrears payment offered prior to Effective Date shall also be
continued by Distribution Franchisee.

10.4 Any subsidy or grant offered by Government of Rajasthan or Government of India


to consumers in the Distribution Franchisee Area related to meter charges shall be
passed on to concerned consumers of DF area at the Effective Date.

11 Treatment of Taxes, Duties & Levies

The applicable taxes, duties and levies shall be governed as below:

11.1 Both parties agree that the input rates are exclusive of the Electricity Duty (ED),
Tax on Sale of Electricity (ToSE), Municipal Taxes (MT) and any other
taxes/levies/duties that have been levied by the State Government but JdVVNL has
been directed to collect on behalf of the Government.

11.2 The liability for making payment of the duties, taxes and levies to the State
Government of Rajasthan shall rest on JdVVNL. The DF shall deposit the amount
collected from the consumers on realization basis to JdVVNL. The Distribution
Franchisee shall establish separate accounting for Electricity Duty liability as per
provisions of applicable Electricity Duty Act as also for Taxes and other levies.

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Since, the billing amount and amount realized includes Electricity Duty, a scanned
copy each of the notifications regarding rates of electricity duty, taxes and levies is
attached as Annexure - 7.

11.3 Notwithstanding the above, Distribution Franchisee shall allow the Government
Auditors to verify the particulars or details provided for payment of Electricity Duty,
Taxes and levies. The amount determined by the Government Auditor shall be final
and binding.

11.4 Any new ruling from the State or Central Government on Taxation or introduction
of new tax on this Distribution Franchisee arrangement shall be borne by the DF
(in case of Direct Tax) or JdVVNL (in case of Indirect Tax) as the case may be.

12 Payment Security Deposit and Performance Guarantee

12.1 Payment Security Deposit

12.1.1 As provisioned in the Clause-2.1.1 of this Agreement, the Distribution Franchisee


shall submit and maintain valid for the term of this Agreement, a security deposit
to the satisfaction of JdVVNL in the form of an irrevocable and unconditional Letter
of Credit from any nationalized bank or Scheduled Bank for an amount equivalent
to two months estimated amount payable to JdVVNL by Distribution Franchisee
based on two months average energy input at Input Points in the Franchisee Area
during Financial Year 2015-16 and Rates (Including the two months equivalent
estimated amount of Electricity Duty and other charges) quoted by the Distribution
Franchisee for first year of Franchisee term. The Letter of Credit shall be provided
from the bank which is appointed as Default Escrow Agent under the Default
Escrow Agreement. The Security Deposit shall be governed in the manner
described in this Clause.

12.1.2 The Letter of Credit shall be in the format prescribed by JdVVNL which shall be
initially valid for a period of one year from the Effective Date.

12.1.3 The Distribution Franchisee shall renew the Letter of Credit 15 (fifteen) days before
its expiry date and furnish the same to JdVVNL, failing which JdVVNL shall have
the right to invoke the Letter of Credit.

12.1.4 Within one week of beginning of each quarter, the amount of the Letter of Credit
shall be upgraded, based on average energy input in previous quarter and
applicable Input Energy Rates for the year as per Annexure-4.The said input rates
shall be subjected to Tariff Adjustment for the last quarter as indicated in Clause
8.1.1 However, under no circumstances shall the amount of Letter of Credit be
revised downwards.

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12.1.5 JdVVNL may recover the outstanding payment after payment due date by invoking
the Letter of Credit.

12.1.6 Distribution Franchisee shall, within two weeks of invocation of the Letter of Credit
by JdVVNL, restore the same to the level prior to invocation.

12.1.7 JdVVNL may review the amount of the Letter of Credit after one year of the
contract depending on the payment record of the Distribution Franchisee.

12.2 Collateral Arrangement

12.2.1 As an additional measure to ensure compliance of [Name of the Franchisee]


obligations under this Agreement, [Name of the Franchisee] and the JdVVNL, on or
prior to the Effective Date, shall execute a separate Default Escrow Agreement
(referred as Default Escrow Agreement) for the establishment and operation of
the Default Escrow Account in favour of JdVVNL, through which the revenues of
[Name of the Franchisee] shall be routed and used as per the terms of the Default
Escrow Agreement (enclosed as Annexure 11). [Name of the Franchisee] and
JdVVNL shall also enter into a separate Agreement to Hypothecate Cum Deed of
Hypothecation, whereby [Name of the Franchisee] shall agree to hypothecate, to
JdVVNL, the amounts to the extent as required for the Letter of Credit as per
clause 12.1 and clause 12.4 routed through the Default Escrow Account and the
Receivables in accordance with the terms of the Agreement to Hypothecate Cum
Deed of Hypothecation. The Default Escrow Agreement and the Agreement to
Hypothecate Cum Deed of Hypothecation are collectively referred to as the
Collateral Arrangement. The minimum revenue balance at any time in the Default
Escrow Account shall be at least equal to the amount required for the Letter of
Credit as per clause 12.1 and clause 12.1.4.

12.2.2 Provided further that the Franchisee shall ensure that JdVVNL has first ranking
charge on the revenues routed through the Default Escrow Account. However,
such first ranking charge shall be on the amounts, in excess of amounts, which
have already been charged or agreed to be charged prior to the date of the
execution of the Default Escrow Agreement.

12.2.3 This Escrow account shall also serve as security for non-adherence of investment
of stipulated Minimum Capital Expenditure.

12.2.4 The minimum revenue balance at any time in the Default Escrow Account shall be
at least equal to the amount required for the Letter of Credit.

12.2.5 Default Escrow Agreement & Deed of Hypothecation shall become final only after
approval of JdVVNL.

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12.3 Performance Guarantee

12.3.1 As provisioned in the Clause 2.1.2 of this Agreement, the Distribution Franchisee
shall submit and maintain valid for the term of this Agreement, a performance
guarantee to the satisfaction of JdVVNL in the form of an irrevocable and
unconditional Performance Guarantee in the form of Bank Guarantee from any
nationalized bank or Scheduled Bank for an amount of Rs. 34 Crore The
Performance Guarantee shall be governed in the manner described in this Clause.

12.3.2 The Performance Guarantee shall be in the format prescribed by JdVVNL initially
valid for a period of one year from the Effective Date.

12.3.3 The Distribution Franchisee shall renew the Performance Guarantee 15 (fifteen)
days before its expiry date and furnish the same to JdVVNL, failing which JdVVNL
shall have the right to invoke the Bank Guarantee furnished by the DF as
Performance Guarantee.

12.3.4 The Bank Guarantee furnished in lieu of Performance Guarantee shall be valid for
the term of the Agreement.

12.3.5 JdVVNL shall have the right to invoke the Performance Guarantee in case of non-
compliance to Standards of Performance by the DF or for other defaults in view of
various stipulations in this Agreement.

12.3.6 In case of non-adherence of the supply code/standards of performance, any


penalty levied by the RERC on the JdVVNL shall be recoverable from the franchisee
against the Performance Guarantee on a back to back basis for which the
franchisee shall have the authority to represent its case before the RERC or any
other judicial or quasi judicial body.

12.3.7 In the event the Performance Guarantee is invoked in part or full by JdVVNL,
Distribution Franchisee shall, within two weeks of invocation of the Performance
Guarantee by JdVVNL, restore the same to the level prior to invocation or provide a
fresh Performance Guarantee, as the case may be failing which JdVVNL shall have
the right to terminate this Agreement.

13 Deputation of JdVVNL Employees:

The existing employees in JdVVNL will be given an option to join the Distribution
Franchisee on deputation.

13.1 On the request of Distribution Franchisee, JdVVNLs employees shall provide


handholding support to the DF for the first 3 months for which the DF shall bear
the cost of salary & allowances payable to JdVVNLs employees involved therein.

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13.2 JdVVNL will make a category wise list of employees who wish to be placed on
deputation with the DF. The category of employees shall be broadly classified as
below:

Category 1 Technical Lineman, technical helpers, etc

LDC, UDC, Typist, Peon/4th Class and other


Category 2 Ministerial
non-technical employees etc.

J.En. /A.En. /X.En. /S.E. /A.C.E. /C.E. and


Category 3 Officers
A.A.O/ A.O./ Sr. A.O./ C.A.O./F.A. etc.

13.3 Thereafter, the Distribution Franchisee shall choose at least one third (1/3 rd) of
willing employees from Category-1 and Category-2 subject to upper limit of total
234 numbers of employees. However, if DF is willing to take more employees on
deputation than the upper limit, it can be considered by JdVVNL.

13.4 Deputation of JdVVNL employees to the Franchisee Area is a continuous process


over a period of the term of Franchisee operations. JdVVNL may at any point of
time call back its employees from deputation or may provide a fresh list of
employees willing to go on deputation in the Franchisee Area. However, maximum
number of employees on deputation at any point of time will remain as per clause
13.3 or as may be decided by both JdVVNL and the DF.

13.5 The employees willing to be placed on deputation may be from the area
demarcated for franchisee operation or any other location within the jurisdiction of
JdVVNL.

13.6 Employees of Category-3 are over & above the obligation of minimum employees
criteria hence it is not binding on DF to take them on deputation. However, on
receiving DFs request JdVVNL in its sole discretion may consider deputing
employees from Category-3 as well.

13.7 JdVVNL shall permit deputation of its employees working in the Franchisee Area as
on the Effective Date to the Distribution Franchisee subject to the DF completing
the entire selection process within 3 months of Effective Date and offer terms and
conditions which are not inferior to the terms and conditions of the deputation on
over all basis. The terms and conditions shall be made available to the concerned
willing employees upfront. The DF shall have to follow JdVVNL rules regarding
contribution to PF, Pension, Gratuity, etc.

13.8 The cost of employees on deputation would be borne by Distribution Franchisee.


The Distribution Franchisee will at least compensate JdVVNL employee on
deputation with the Franchisee towards all the benefits available to him/ her as per

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his/her employment terms of JdVVNL such as monthly salary, statutory


contributions like provident fund and pension funds etc. Distribution Franchisee will
also be responsible for any liability arising on account of fringe benefit tax and any
other tax applicable on benefits of JdVVNL employee on deputation with the
Franchisee.

13.9 At the end of the period of deputation which shall be initially for 4 years or the
Franchisee Agreement whichever is earlier, the employees on deputation will return
to JdVVNL. Such employees will not lose their seniority in JdVVNL due to
deputation with the Distribution Franchisee.

13.10 The Distribution Franchisee shall have the right to employ any number of personnel
on any terms and conditions (Distribution Franchisees Employees) to discharge the
day-to-day functions relating to distribution of power in Franchisee Area.

13.11 However, Distribution Franchisees employees shall not become either permanent
or contract employees of JdVVNL at any point of time during the subsistence or
after expiry of this Agreement. The Distribution Franchisee shall expressly clarify at
the time of the appointment of an employee that he/she shall not have a right to
claim employment with JdVVNL during the subsistence or after the expiry of this
Agreement. Only the persons expressly agreeing to these conditions shall be
employed by the Distribution Franchisee. JdVVNL will not be responsible or liable
for the claims raised by the employees of the Distribution Franchisee and the
Distribution Franchisee shall indemnify JdVVNL in respect thereof. For avoidance of
doubt it may be clarified that all those JdVVNLs employees who were placed on
deputation with DF shall revert back to JdVVNL on expiry of period of deputation or
on expiry of this Agreement whichever is earlier.

13.12 Salaries and other benefits to the JdVVNLs employees who are on deputation to
the Franchisee Area shall be paid by DF as per the monthly salary bills of such
employees prepared and supplied by JdVVNL.

13.13 DF shall provide attendance record and other related information of deputed
employees to JdVVNL latest by the last working day of every month for that
month. JdVVNL shall submit the monthly salary bills to DF latest by the 2nd day of
every month for the salary and other benefits to be released by DF for the previous
month.

13.14 In case DF has any observation/dispute regarding the matters related with salary
and related benefits payable to the deputed employees, the same can be discussed
and resolved mutually by JdVVNL & DF subsequently. However, such
observations/disputes cannot be a reason to hold/deduct, entirely or partly the
salary and related benefits payable by DF to the deputed employees.

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14 Reporting and Audit:

14.1 Reporting

The Distribution Franchisee shall furnish to JdVVNL the following information as per
schedule stated therein:

14.1.1 Distribution Franchisee shall be required to submit data regarding billing, collection,
electricity duty and Security Deposit collected on account of new connections and
other up-gradations. Distribution Franchisee shall provide consumer-wise
information in the format specified by JdVVNL detailing the billing, collection and all
related information on a monthly basis every month by a mutually agreed date.
Such information shall be kept confidential by JdVVNL and shall be used only under
conditions of default by Distribution Franchisee under the Distribution Franchisee
Agreement.

14.1.2 For the initial stabilization period, such data shall be submitted as per schedule
below:

Days from Effective Date Information to be submitted on Day

1-27 30

28-42 45

43-57 60

58-60 63

14.1.3 After the initial stabilization period, the above information shall be submitted as per
the respective billing cycle to JdVVNL not later than ten days after the end of the
billing cycle as per clause 8.1.

14.1.4 Distribution Franchisee shall be required to update the asset register and submit
the same to JdVVNL on a quarterly basis.

14.1.5 Distribution Franchisee shall generate periodic Management Information System


(MIS) and Monitoring Reports as required by JdVVNL and RERC in the formats to
be prescribed by JdVVNL/ RERC from time to time after execution of the
Distribution Franchisee Agreement and submit the same to JdVVNL through email.

14.1.6 Distribution Franchisee shall submit detailed inventory status reports on an annual
basis for all inventories within the Franchisee Area.

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14.1.7 All correspondence, records, reports, presentations and other forms of information
developed by the Distribution Franchisee whether electronic or physical, and
required by the Licensee to continue operations, shall become the property of
JdVVNL upon Expiry/termination subject to applicable permissions. JdVVNL
reserves, without limitation, the right to use procedures, forms and productivity
enhancement methods developed under this Agreement elsewhere subject to
applicable permissions. Notwithstanding the above, the Distribution Franchisee
shall have the right to retain copies of information, reports, correspondence,
presentations mentioned above.

14.1.8 Distribution Franchisee shall notify JdVVNL of any major incidence affecting any
part of the Distribution System that has occurred, not later than fifteen (15) days
or such period as may be extended by JdVVNL from the date of such major
incidence. Distribution Franchisee shall also submit a report to JdVVNL giving full
details of the facts within the knowledge of the Distribution Franchisee regarding
the incidence and its cause.

14.1.9 Distribution Franchisee shall provide to JdVVNL within reasonable time such further
particulars and information as may be required by JdVVNL relating to the
implementation of this Agreement for providing the same to the Government of
Rajasthan or any other statutory authorities entitled to the same under the
provisions of the law.

14.2 Audit

14.2.1 Distribution Franchisee shall allow for annual audit of assets, inventories, billing
data including the system, database and consumer service centres operated within
the scope of the Franchisee Area by Independent Auditor appointed jointly by
JdVVNL and DF. The scope of the audit shall also include the following:

a) Auditing the average billing rate for the various consumer categories for the
current period as well as overall average billing rate for the current period. (On
quarterly basis)

b) Auditing the energy input and category-wise and sub-category wise amount
collected for each year of the contract along with distribution and collection losses
and thereby AT&C Losses. (On Annual basis)

c) Auditing the revenue collected, ED and taxes collected from each category of the
consumers. (On quarterly basis)

d) Auditing the tariff sharing computations carried out by the Discom to arrive at the
revenue for input energy for the invoices raised on the DF. (On quarterly basis)

e) Reviewing the asset register at the end of the quarter preceding the previous

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quarter and audit the quantity and value of the assets added/discarded or declared
redundant during the previous quarter based on the accounts/information/data
provided by the Franchisee including review of the procedure followed and reasons
given for procurement/discarding the assets. (On quarterly basis)

f) The auditor will audit the consumer category-wise opening level of arrears
belonging to Discom for live and Permanently Disconnected Consumers as on the
date of take over for freezing the same and thereafter audit the consumer
category-wise arrears at the end of each quarter. (At the time of take over and
thereafter on quarterly basis)

g) The auditor shall review the inventories handed over to the DF at the time of take
over along with the book value thereof and thereafter review the opening and
closing level of inventories and it book value at the end of each year for the term
of the agreement based on the information provided by the DF. (At the time of
take over and thereafter on quarterly basis)

14.2.2 JdVVNL may, at any time during the subsistence of this agreement, authorize any
person(s) to inspect, verify and audit the required data and records for the purpose
of verifying information received from the DF under the provisions of this
Agreement, and the Distribution Franchisee shall be obliged to extend all
cooperation, assistance, access to record and facilities, as may be required, to such
authorized person(s).

14.2.3 The audit of electricity duty, taxes and levies and claims for subsidy shall be carried
out as mentioned in Clause 10 and Clause 11.

14.2.4 JdVVNL reserves the right to conduct the physical verification of the Distribution
Assets belonging to JdVVNL at any time during the term of this Agreement.

14.2.5 The Distribution Franchisee shall comply with all reporting formats and data
requirements prescribed by the Auditors.

15 Indemnification

15.1 Indemnification by Distribution Franchisee to JdVVNL and its


consultants:

The Distribution Franchisee during the term of this Agreement shall indemnify,
defend and hold JdVVNL, its officials, and consultants harmless against:

15.1.1 Any acts of omissions/commission of Distribution Franchisee with regard to the


electricity services provided by JdVVNL. In such event Distribution Franchisee shall
have no claim for compensation, incentive or any other claim against JdVVNL
except in the case where such loss is attributable to JdVVNL.

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15.1.2 Claims against JdVVNL made by any third party for any act of commission or
omission by Distribution Franchisee. Distribution Franchisee shall indemnify and
hold JdVVNL harmless and compensate all the losses so caused to JdVVNL. JdVVNL
shall also be entitled to defend any action with third parties at the cost and
expenses of Franchisee.

15.1.3 All monetary obligations or losses or implications arising out of such action of
Distribution Franchisee in the nature of costs, expenses or damages, JdVVNL/ shall
have no liability in respect of loss of profit, loss of income, loss of agreement or
any other losses or damages suffered or arising out of or in connection with
existence of any defects whether latent or apparent in electricity network and the
obligation of Distribution Franchisee to provide support services shall remain
unaffected thereby.

15.1.4 Claims on all the employees of JdVVNL on deputation against any loss/implication
arising out of the actions of Distribution Franchisee.

15.1.5 Non-payment of all taxes, duties, and statutory /local levies arising as a result of
this commercial transaction as required under clause 8.2.15

15.1.6 Non-compliance of the Laws, regulations, orders and directives of RERC by the
Distribution Franchisee.

15.1.7 Any penalty imposed on account of non-compliance as stated hereinabove.

15.1.8 This Indemnification shall survive the term of this Agreement.

15.2 Indemnification by JdVVNL to Distribution Franchisee:

JdVVNL shall indemnify, defend and hold the Distribution Franchisee harmless
against:

15.2.1 Acts of commission or omission in the Franchisee Area by JdVVNL prior to the
Effective Date.

15.2.2 Third party claims on account of JdVVNL Distribution Assets as on Effective Date,
for a period of six months from the Effective Date provided the Distribution
Franchisee has taken all reasonable care of the Distribution Assets. The aggregate
amount of the liabilities to be compensated by JdVVNL during the aforesaid period
of six months in respect of all such claims shall be limited to Rs. 50 Lakhs. However
such indemnity shall be limited only to legally established claims.

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15.3 Procedure for Claiming Indemnity

15.3.1 Third Party Claims

(a) Where either Party is entitled to indemnification from the other Party pursuant to
clause 15.1 or clause 15.2, it shall promptly notify the other Party of such claim,
proceeding, action or suit referred to in clause 15.1 or clause 15.2 in respect of
which it is entitled to be indemnified. Such notice shall be given as soon as
reasonably practicable after the Indemnified Party becomes aware of such claim,
proceeding, action or suit. The indemnifying Party shall be liable to settle the
indemnification claim within thirty [30] days] of receipt of the above notice.
Provided however that, if:

(i) the Parties choose to contest, defend or litigate such claim, action, suit
or proceedings in accordance with clause 15.3.1(b) below; and

(ii) the claim amount is not required to be paid/deposited to such third


party pending the resolution of the dispute,

(b) The indemnifying Party shall become liable to pay the claim amount to indemnified
Party or to the third party, as the case may be, promptly following the resolution of
the dispute, if such dispute is not settled in favour of the indemnifying Party.

(c) The Indemnified Party may in consultation with the Indemnifying Party, contest,
defend and litigate a claim, action, suit or proceeding for which it is entitled to be
indemnified under clause 15.1 or clause 15.2 and the indemnifying Party shall
reimburse to the indemnified Party all reasonable costs and expenses incurred in
this respect. However, the indemnified Party shall not settle or compromise such
claim, action, suit or proceedings without first getting the consent of the
indemnifying Party, which consent shall not be unreasonably withheld or delayed.

(d) The indemnifying Party may, at its own expense, assume control of the defence of
any proceedings brought against the indemnified Party, if it acknowledges its
obligation to indemnify, gives prompt notice of its intention to assume control of
the defence, and employs an independent legal counsel at its own cost.

15.4 Indemnifiable Losses

Where either Party is entitled to Indemnifiable Losses from the indemnifying Party
pursuant to clause 15.1 or clause 15.2, it shall promptly notify the indemnifying
Party of the Indemnifiable Losses. The indemnifying Party shall pay the
Indemnifiable Losses within [30] thirty days of receipt of the notice seeking
Indemnifiable Losses by indemnified Party. It is expressly agreed herein that the
Indemnifiable Losses of either Party shall be restricted to costs and expenses for all
claims except for the Indemnifiable Losses for third party claims, wherein
consequential damages shall also be included, if applicable.

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16 Insurance:

16.1 The Distribution Franchisee at its own discretion shall insure the Distribution
Franchisee Assets during the Term of Agreement in its own name.

16.2 The Distribution Franchisee shall also obtain and keep in effect all insurances
required under the Laws of India.

17 Events of Default and Termination:

17.1 Distribution Franchisee Event of Default

The occurrence and continuation of any of the following events, unless any such
event occurs as a result of a Force Majeure event or a breach by JdVVNL its
substantial obligations under this Agreement, shall constitute a Distribution
Franchisee Event of Default:

17.1.1 Critical Event of Default

Following shall constitute Critical Events of Default of Distribution Franchisee:

(a) Failure by Distribution Franchisee to make payments as per Clause 8 of this


Agreement;

(b) Failure by Distribution Franchisee to maintain Letter of Credit, Escrow Account and
Performance Guarantee as per the Clause 12 of this Agreement;

(c) Failure by Distribution Franchisee to satisfy the Conditions Precedents as per the
provisions of clause no. 2.1.9;

(d) Failure by Distribution Franchisee to satisfy the Conditions Subsequent as per the
provisions of clause no. 2.2.4;

(e) Failure by Distribution Franchisee in taking-over the Distribution System as per the
Effective Date;

(f) Failure by Distribution Franchisee to abide by any statutory law and regulation as
may be applicable;

(g) Engagement by Distribution Franchisee in corrupt practice or/and fraudulent


practice in executing the Agreement;

(h) Unlawful repudiation of this Agreement or otherwise expression of an intention not


to be bound by this Agreement by Distribution Franchisee;

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(i) Any representation or warranty made by Distribution Franchisee during the term of
the Agreement found to be false or misleading at any stage of bidding, therafter or
during subsistence of this Agreement;

(j) Indulgement by Distribution Franchisee in any malpractice or corrupt practice or


fraudulent practice(s);

(k) Sale of Input energy by Distribution Franchisee in the Franchisee Area to any party
outside the Franchisee Area;

(l) Continuation of a Non-Critical Events of Default for a period of 60 (sixty) days


leading to issuance of a Notice by JdVVNL as per Clause 17.3.1 to the effect that
the Non-Critical Event of Default has now become a Critical Event of Default;

(m) A resolution for winding up has been passed by the majority shareholders of the
Distribution Franchisee;

(n) Distribution Franchisee is declared insolvent or bankrupt.

17.1.2 Non-critical Event of Default

Non-critical Event of Default by the Distribution Franchisee shall mean failure or


refusal by Distribution Franchisee to perform its following obligations under the
Agreement:

(a) Failure to submit periodic performance report (Billing and Collection report,
updation of Assets Register on quarterly basis, Energy audit report) to JdVVNL
after a period of one year from Effective Date.

(b) Reporting inconsistencies in energy/ revenue accounting, if observed during


periodic/ unscheduled inspection.

(c) Failure to comply with any other material terms and conditions, as applicable under
this Agreement for a consecutive period of thirty (30) days.

(d) Persistent non-compliance of Standards of Performance laid down by RERC after


the elapse of first Year after this Agreement is entered in to. The non compliance
of Standards of Performance arising out of non availability of adequate power
from JdVVNL or due to the reasons not attributable to the Distribution Franchisee
shall not be considered as Event of Default of the Distribution Franchisee.
Persistent would mean noncompliance of any of terms of Standards of
Performance in all similar cases for a continuous period of three months.

(e) Persistent non-compliance of RERC Electricity Supply Code and Other Conditions

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of Supply as approved and modified from time to time after the elapse of first
Year after this Agreement is entered in to. The non compliance due to the reasons
not attributable to the Distribution Franchisee shall not be considered as Event of
Default of the Distribution Franchisee. Persistent would mean repeated non-
compliance of any of terms of RERC Electricity Supply Code and Other Conditions
of Supply for a continuous period of three months.

(f) Failure to deposit statutory payments of JdVVNL deputation employees within the
stipulated period.

(g) Failure on account of Distribution Franchisee to comply with all the relevant labour
laws applicable to JdVVNL employees on deputation to the Franchisee Area.

(h) Failure to submit in time the Information Report as per Clause 14.1.1, 14.1.2 and
14.1.3;

(i) Failure to maintain minimum service quality as per the standard of performance
issued by RERC.

(j) Failure to comply with Prudent Utility Practices as defined in this Agreement, and
non-compliance of reasonable directives issued by Managing Director, JdVVNL.

(k) Failure to comply with General Duties and Responsibilities of the Distribution
Franchisee as defined in clause 5.8 of this document.

17.2 JdVVNL Event of Default

The occurrence and continuation of any of the following events, unless any such
event occurs as a result of a Force Majeure Event or a breach by Distribution
Franchisee of its substantial obligations under this Agreement, shall constitute a
JdVVNL Event of Default.

17.2.1 Critical Event of Default

JdVVNL fails to supply power to Distribution Franchisee of acceptable quality


standards as stipulated in clause 5.4 above 90% of entitled pro-rata quantity as
per clause 5.4.1 for a period of six days in a calendar month.

17.2.2 Non-Critical Event of Default

Breach of any other material terms and conditions, as applicable under this
Agreement for a consecutive period of thirty (30) days. If the default continues for
a period of more than 60 days, it shall become a Critical Event of Default.

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17.2.3 Termination Procedure for Event of Default by Distribution Franchisee

Termination procedure to be adopted by either Party shall comprise of the


following:

(a) Issue of Notice for Event of Default (Non-Critical as well as Critical) to the
defaulting Party

(b) Issue of Preliminary Notice of Termination in the event adequate measures are not
taken by the defaulting Party to remedy/mitigate such default/s within the specified
time frame despite the notice issued by the other Party as at (a) above. The notice
period under Preliminary Notice of Termination shall be 30 (thirty) days

(c) Final Notice of Termination shall be issued by the non-defaulting Party to the other
Party in the event of unsatisfactory response by the defaulting Party to the
Preliminary Notice of Termination issued as per (b) above

17.3.1 On the occurrence of Distribution Franchisee Non-Critical Event of


Default

(a) On the occurrence of Distribution Franchisee Non-Critical Event of Default, JdVVNL


shall issue a Non-Critical Event of Default Notice to Distribution Franchisee.

(b) Distribution Franchisee shall remedy/mitigate such Default within a period of 60


(sixty) days, which may be extended, from the date of issuance of Non-Critical
Event of Default Notice.

(c) For each event of Non-Critical Events of Default, Distribution Franchisee shall pay
to JdVVNL Damages of an amount calculated at the rate of 0.02% (zero point zero
two percent) of the prevailing average daily revenue for each day from the date of
issuance of Notice for Non-Critical Event of Default until such Default is
remedied/mitigated or Notice for Critical Event of Default is withdrawn whichever is
earlier.

(d) In case Non-Critical Event of Default is not remedied/mitigated within the time-
period as specified hereinabove, such Default shall be treated as Critical Event of
Default for which a Notice to this effect shall be issued by JdVVNL.

17.3.2 On the occurrence of Distribution Franchisee Critical Event of Default

(a) On the occurrence of Distribution Franchisee Critical Event of Default JdVVNL shall
issue a Critical Event of Default Notice to Distribution Franchisee.

(b) Distribution Franchisee shall remedy/mitigate Critical Events of Default as specified


in sub-clauses 17.1.1.2 to 17.1.1.6 within a period of 15 (fifteen) days and those

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specified in sub-clauses 17.1.1.7 to 17.1.1.12 within a period of 60 (sixty) days,


from the date of issuance of Critical Event of Default Notice. The period for
remedy/mitigation specified in this sub-clause may be extended by JDVVNL at its
sole discretion.

(c) For each event of Critical Events of Default Distribution Franchisee shall pay to
JdVVNL Damages of an amount calculated at the rate of 0.04% (zero point zero
four percent) of the prevailing average daily revenue for each day from the date of
issuance of a Notice for Critical Event of Default.

(d) In case Critical Event of Default as specified in clause 17.1.1.2 to 17.1.1.12 is not
remedied/mitigated within the time-period as specified above or within the
extended period as the case may be, JdVVNL shall issue a Preliminary Notice of
Termination to Distribution Franchisee elaborating the Critical Event of Default.

(e) If the Default is not cured within a period of 30 (thirty) days from the date of issue
of the Preliminary Notice of Termination, this Agreement may be terminated after
serving the Final Termination Notice to the Distribution Franchisee.

(f) Notwithstanding anything contained in sub-clauses above, in case of Critical Event


of Default as specified in clause 17.1.1.13 and 17.1.1.14 JdVVNL shall directly issue
Final Notice of Termination to Distribution Franchisee without issuing a Notice of
Event of Default and Preliminary Notice of Termination.

(g) It is expressly agreed that both the parties shall continue to perform their
respective obligations until the serving of Final Termination Notice, whereupon this
Agreement shall terminate on date of such notice.

17.3 Termination Procedure for JdVVNL Event of Default

17.3.1 On the occurrence of Event of Default by JdVVNL, the Distribution Franchisee shall
issue an Event of Default notice to JdVVNL.

17.3.2 JdVVNL shall eliminate/ mitigate consequences of such Event of Default within a
period of 60 days.

17.3.3 In case JdVVNL is unable to eliminate/ mitigate the consequences of Event of


Default, a Preliminary Notice Of Termination may be served by the Distribution
Franchisee to JdVVNL, elaborating the Event of Default by JdVVNL.

17.3.4 If the default is not cured within a period of thirty days from the date of serving of
Preliminary Termination Notice, this Agreement may be terminated after serving
the Final Termination Notice to the defaulting Party.

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17.3.5 It is expressly agreed that both the parties shall continue to perform their
respective obligations until the serving of Final Termination Notice, whereupon this
Agreement shall terminate on the date of such notice.

17.3.6 JdVVNL shall Step-in after receiving the Final Termination Notice. The Distribution
Franchisee shall be obliged to extend transition assistance for a period of 30 days
from the serving of such Final Termination Notice, failing which the costs and
expenses incurred by JdVVNL on the account of such assistance not being provided
by the Distribution Franchisee, shall be recovered from the Termination Payment
admissible to the Distribution Franchisee.

17.4 Consequences of Termination

17.4.1 Consequences of Termination for Distribution Franchisee Event of


Default:

a) Without prejudice to the other rights of JdVVNL in case of Termination, Distribution


Franchisee shall pay all the dues payable to JdVVNL on the date of Termination.
Distribution Franchisee shall make payments to other parties only after it has made
all due payments to JdVVNL.

b) JdVVNL shall have the right to invoke the Performance Guarantee and secure due
amounts from Escrow Account; in addition, JdVVNL shall have right to invoke
Letter of Credit to recover all its dues and outstanding amounts.

c) JdVVNL unconditionally reserves the right to claim from Distribution Franchisee any
costs, expenses or loss that it may have incurred by reason of breach of failure on
the part of Distribution Franchisee to observe and perform any of the terms and
conditions of the agreement.

d) On Termination of this Agreement, however occasioned, the Distribution


Franchisee shall forthwith deliver to JdVVNL all papers including the forms used,
partially used and unused receipt books, all promotional materials and documents
which may have come into its possession or custody under the terms of this
Agreement or otherwise.

e) The Distribution Franchisee shall furnish a certificate of non encumbrance to claim


the amount due to him as per provisions of clause 5.2 and clause 9.11.

17.4.2 Consequences of Termination for JdVVNL Event of Default without prejudice to the
other rights of Distribution Franchisee in case of Termination, JdVVNL shall pay all
the dues payable to Distribution Franchisee on the date of Termination.

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17.5 Step In Rights of JdVVNL

17.5.1 Step-in Rights in case of Event of Default after serving of Final


Termination Notice

a) JdVVNL or its Designate(s) shall be entitled to immediately enter any and/or all of
the Site(s) and operate the Distribution System and collect due revenues from
Consumers.

b) JdVVNL shall have the right to invoke and forfeit the Performance Guarantee and
withdraw amounts from Escrow Account as deemed appropriate. JdVVNL shall
have right to invoke Letter of Credit to recover all its dues and outstanding
amount.

c) The Distribution Franchisee shall transfer all the Fixed Assets brought in as a part
of the New Capital Expenditure in the Franchisee Area in accordance with the
clause 5.2.

17.5.2 Step-in Rights in the event of abandonment by the Distribution


Franchisee

a) In the event of abandonment by the DF, JdVVNL or its Designate(s) shall be


entitled to immediately enter any and/or all of the Site(s) and operate the
Distribution System at its own level or through other external agency as deemed
appropriate by it.

b) JdVVNL shall issue a take-over notice to the Authorized Representative of DF and


serving of such notice shall be treated as a deemed takeover of all operations by
JdVVNL.

c) JdVVNL shall have the right to forfeit and invoke the Performance Guarantee and
withdraw due amounts from Escrow Account. JdVVNL shall have right to invoke
Letter of Credit to recover all its dues and outstanding amount.

d) All Current Assets of the Distribution Franchisee in the Franchisee Area shall stand
transferred to JdVVNL.

e) All Capital (Moveable and Immoveable) Assets of the Distribution Franchisee


brought in the Franchisee Area in accordance with clause 5.2 shall stand
transferred to JdVVNL.

f) However, the liability of meeting the repayment obligations on account of financing


arrangements for such assets shall lie with the Distribution Franchisee.

g) The Lenders to the project shall be entitled to bring in an eligible operator in place
of the Distribution Franchisee, subject to approval from JdVVNL. Such eligible
operator shall take over the Franchisee Area with the same rights and obligations,
applicable from Effective Date, as were vested with the original Distribution
Franchisee.

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17.5.3 Step-in Rights of JdVVNL in the events of partial disruption of electric


supply services

In case of disruption of electric supply services in any part of the Franchisee Area
continuously for a period of more than 12 hours, leading to severe public
inconvenience for reasons attributable to Distribution Franchisee, JdVVNL shall
have a right to step-in the Franchisee Area and restore electric supply services. The
costs and expenses incurred for restoration by JdVVNL shall be borne by the
Distribution Franchisee. Over and above such costs, Damages @ 20% (twenty
percent) of such costs shall also be payable by the Distribution Franchisee to
JdVVNL.

17.6 Expiry Payment

17.6.1 The Expiry Payment admissible to the Distribution Franchisee shall comprise of the
following:

a) Depreciated value of capital assets worked out as per clause 5.2;

b) Value of current assets worked out as per clause 5.3;

c) Arrears accrued in the last one-month prior to Expiry as per clause 9.10.

17.6.2 An amount equal to 70% of the depreciated value of capital assets on Expiry Date
worked out as per the audit conducted at the end of [Year immediately preceding
the last year of the contract] contract year shall be released to the Distribution
Franchisee not later than 15 days from the Expiry Date upon furnishing of a
certificate of non-encumbrance by the Distribution Franchisee and from the
bankers of the DF.

17.6.3 The balance payment on account of capital assets after accounting for deviations
shall be released on completion of physical verification and auditing but not later
than 60 days from Expiry subject to fulfilment of all of the following:

(i) Such Assets have been physically verified by the Joint Audit Team of JdVVNL and
the Distribution Franchisee and have been found to be in working order. The
verification shall be completed within one month after Expiry of the Agreement. In
case of shortfalls, the non disputed amount shall be released promptly.

(ii) The Distribution Franchisee has furnished a certificate of non-encumbrance issued


both by the Franchisee as well as its bankers in respect of such Distribution Assets.

(iii) The title and possession of such assets has been transferred to JdVVNL.

17.6.4 The payment for current assets due to the Distribution Franchisee shall be released
not later than 60 days from Expiry date.

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17.6.5 JdVVNL shall make payment towards arrears accrued one month prior to the Expiry
after such an amount has been jointly determined and agreed by JdVVNL and
Distribution Franchisee. The liability of JdVVNL shall be limited to making payment
at the prevailing level of collection efficiency of such amount within 60 days of
such joint determination.

17.6.6 All the above payments shall be released after deductions on account of any
outstanding amount towards JdVVNL, if any.

17.7 Termination Payment in case of JdVVNL Event of Default

17.7.1 The Termination payment to the Distribution Franchisee shall consist of the
following:

(i) Depreciated Value of capital assets worked out as per clause 5.2;

(ii) Value of current assets worked out as per clause 5.3;

(iii) Arrears accrued in the last one-month prior to termination as per clause 9.10

17.7.2 An amount equal to 70 % of the depreciated value of capital assets on Termination


date worked out as per the audit conducted at the end of last contract year shall
be released to the Distribution Franchisee not later than 15 days from the
Termination Date upon furnishing of a certificate of non-encumbrance by the
Distribution Franchisee and from the bankers of the Franchisee.

17.7.3 The balance payment on account of capital assets after accounting for deviations
shall be released on completion of physical verification and auditing but not later
than 60 days from Termination Date subject to fulfilment of all of the following:

(i) Such Assets have been physically verified by the Joint Audit Team of JdVVNL and
the Distribution Franchisee and have been found to be in working order. The
verification shall be completed within one month after Termination of the
agreement. In case of shortfalls, the non-disputed amount shall be released
promptly.

(ii) The Distribution Franchisee has furnished a certificate of non-encumbrance issued


both by the Distribution Franchisee as well as its bankers in respect of such
Distribution Assets.

(iii) The title and possession of such assets has been transferred to JdVVNL.

17.7.4 The payment for current assets due to the Distribution Franchisee shall be released
not later than 60 days from Termination date.

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17.7.5 JdVVNL shall make payment towards arrears accrued one month prior to such
Termination after such an amount has been jointly determined and agreed by
JdVVNL and Distribution Franchisee. The liability of JdVVNL shall be limited to
making payment of 90% of such amount within 60 days of such joint
determination.

17.7.6 All the above payments shall be released after all the deductions on account of
outstanding amounts against the DF towards JdVVNL,

17.8 Termination Payment in case of Distribution Franchisee Event of Default

17.8.1 The Termination payment to the Distribution Franchisee shall comprise of the
following:

a) Depreciated Value of capital assets worked out as per clause 5.2;

b) Value of current assets worked out as per clause 5.3;

c) Arrears accrued in the last one-month prior to Expiry as per clause 9.10.

17.8.2 An amount equal to 50% of the depreciated value of capital assets on Termination
Date worked out as per the audit conducted at the end of last contract year shall
be released to the Distribution Franchisee not later than 15 days from the
Termination Date upon furnishing of a certificate of non-encumbrance by the
Distribution Franchisee.

17.8.3 The balance payment on account of capital assets after accounting for deviations
shall be released on completion of physical verification and auditing but not later
than 60 days from Termination Date.

17.8.4 The payment for current assets due to the Distribution Franchisee shall be released
not later than 60 days from Termination Date.

17.8.5 The payment for arrears accrued in the last one month prior to expiry shall be
released not later than 90 days from the Termination Date.

17.8.6 All the above payments shall be released after all the deductions on account of any
outstanding amounts against the DF towards JdVVNL.

18 Governing Law and Dispute Resolution

18.1 Governing Law

18.1.1 This Agreement has been executed and delivered in India and its interpretations,
validity and performance shall be construed and enforced in accordance with the
laws of India and also the laws applicable to the State of Rajasthan.

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18.1.2 Any dispute arising out of compliance/ non-compliance of this Agreement shall be
exclusively under the jurisdiction of court at Jodhpur.

18.1.3 Disputes between the Consumers in the Franchisee Area and the Distribution
Licensee shall be referred to the existing relevant Consumer Grievance Redressal
Forums.

18.2 Amicable Settlement

18.2.1 Either Party shall be entitled to raise any dispute or differences of whatever nature
arising under, out of or in connection with this Agreement including its existence or
validity by giving a written notice to the other Party, which shall contain:

(i) The details of the dispute;

(ii) The grounds for such dispute; and

(iii) All documentary evidence in support of its claim.

18.2.2 The other Party shall, within thirty (30) days of receipt of dispute notice issued
under Clause 18.2.1, furnish:

(i) Counter-claim and defences if any regarding the Dispute; and

(ii) All documentary evidence in support of its defences and counter-claim.

18.2.3 Both the parties shall constitute a permanent dispute resolution body having equal
representation from each of the parties. The disputes or differences arising under
this Agreement shall be referred for resolution to this body, which shall
communicate its decision within Thirty (30) days.

18.2.4 In case of non-settlement of dispute by the permanent dispute resolution body,


such dispute or differences shall be referred for decision to a body constituted by
Chairman/ Managing Director of the Distribution Licensee and Head, Distribution
Franchisee which shall communicate its decision preferably within a period of
fifteen (15) days.

18.2.5 Any dispute arising out of, in connection with or with respect to this Agreement,
the subject matter hereof, the performance or non-performance of any obligation
hereunder, which cannot be resolved by negotiation between the Parties and the
Dispute Resolution procedure as stated in the foregoing Clauses, shall be initiated
to be settled through arbitration at the request of either party upon written notice
to that effect to the other party. The proceedings shall be conducted subject to the
provisions of the Arbitration and Conciliation Act, 1996 (the Arbitration Act) by a
panel consisting of three arbitrators.

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18.2.6 While submitting the dispute or difference for arbitration in accordance with this
Clause the Party so submitting shall, in its notice, specify the name of one
arbitrator appointed by it. Within thirty (30) days of the receipt of notice, the other
Party shall appoint an arbitrator. The third arbitrator (who will act as the Presiding
Arbitrator) shall be nominated by the two arbitrators appointed as aforesaid or,
failing such nomination within thirty (30) days of the appointment of the second
arbitrator, shall be appointed in accordance with the Arbitration and Conciliation
Act, 1996.

18.2.7 The language of the arbitration shall be English. The venue of Arbitration shall be
Jodhpur.

18.2.8 The arbitration award shall be in writing. The arbitrators shall also decide on the
costs of the arbitration proceedings.

18.2.9 The Parties agree that the award of the arbitrators shall be final and binding upon
the Parties.

18.2.10 Notwithstanding anything to the contrary contained in this Agreement, the


provisions of this Clause 17 shall survive the Termination of this Agreement.

18.2.11 Both the parties shall continue to perform their respective obligations during the
conduct of the Dispute Settlement Procedure.

18.3 Disputed Payments

18.3.1 An invoice raised by JdVVNL in terms of Clause-8 can be disputed by the


Distribution Franchisee; however, the Distribution Franchisee shall remit the
payment under protest against the same to JdVVNL within the stipulated time.
Cases of excessive billing, if any, during the last three months shall be jointly
identified by JdVVNL and DF and shall be referred to the committee as envisaged
under Annexure5 Procedure for Recovery of Arrears in the Distribution
Franchisee Agreement. Such excessive amount shall be excluded from the payment
responsibility of the DF

18.3.2 In case the dispute is resolved in favour of the Distribution Franchisee, JdVVNL
shall within 7 days of settlement of such dispute refund the excess amount along
with interest @ 12% per annum for the period between the date of realization of
such excess payment and the date of refund of the same by JdVVNL

18.3.3 The information submitted by Distribution Franchisee and forming the basis for the
invoice can also be disputed by JdVVNL.

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18.3.4 In case the dispute is resolved in the favour of JdVVNL, the Distribution Franchisee
shall within 7 days of settlement of such dispute refund the additional amount
along with interest @ 12% per annum from the date of payment.

18.4 Severability

If any section, provision or Clause of this Agreement is held by a court of


Competent jurisdiction to be invalid or unenforceable, or is pre-empted by central
or state laws, regulations or regulatory agencies, the remainder of this Agreement
shall not be affected, except as is otherwise provided in this Agreement. However if
the implication of such a situation is significant, both the parties may mutually
decide the future course of action.

19 Force Majeure

19.1 No Party shall be liable to the other Parties if, and to the extent, that the
performance or delay in performance of any of its obligations under this Agreement
is prevented, restricted, delayed or interfered with due to occurrence of any event
of Force Majeure beyond the Parties control, which cannot be reasonably forecast
or prevented, thereby, hindering the performance by the Parties of any of their
obligations hereunder. The Party claiming an event of Force Majeure shall promptly
notify the other Party in writing, and provide full particulars of the cause or event
and the date of first occurrence thereof as soon as possible after the event and
also keep the other Party informed of any further developments. The Party so
affected shall use its best efforts to remove the cause of non-performance, and the
Parties shall resume performance hereunder with the utmost dispatch when such
cause is removed. For the purpose of clarity, the Parties agree that the failure of a
Party to adhere to any statutory or regulatory requirement or to obtain necessary
approvals shall not be deemed to be a Force Majeure situation. A condition of force
majeure shall not relieve any Party of any obligation due under this Agreement
prior to the event of Force Majeure.

19.2 In the event of a prolonged event of Force Majeure (continuing for a period of
more than 30 days) a preliminary notice of Termination may also be issued by
either Party leading to the Termination of the Agreement. The payment mechanism
for this case shall be the same as described in Clause-17.7.

20 Miscellaneous Provisions

20.1 JdVVNL shall refrain from unreasonably interfering with the Distribution Franchisee
in exercising of its rights or the performance of or compliance with its obligations
under this Agreement.

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20.2 JdVVNL shall make all reasonable efforts to ensure that its staff (whether assigned
to the Franchisee Area or not) does not impede the Distribution Franchisee from
exercising its rights or performing its obligations under this Agreement.

20.3 The Parties shall establish formal communication means for purposes of exercising
their respective rights and performing or complying with their respective
obligations under this Agreement. Each of the Parties shall designate an Officer-In-
Charge who is duly authorized to act on behalf of the respective Parties, to liaise
for purposes of and carry out Agreement Management pertaining to the
management of all matters related to the compliance with the requirements of this
Agreement. The Officer-In-Charge shall be of the rank of Chief Engineer or
equivalent and above from JdVVNL and a rank of General Manager or equivalent
and above from Distribution Franchisee.

20.4 Both the parties shall duly appoint their respective Agreement Representatives and
the Disputes or differences arising out of the execution of this Agreement shall be
dealt by them. The Agreement Representative shall be of the rank of Director or
equivalent and above from JdVVNL and a rank of Executive Director or equivalent
and above from Distribution Franchisee. To address any unforeseen situation in
future, this Agreement document can be modified / amended through mutual
consent of both the parties. On JdVVNL side any such proposed amendment has to
be first approved by JdVVNL Board.

20.5 Distribution Franchisee may consider the use of innovative operating systems and
technical solutions for loss reduction, theft prevention, credit control, etc. If such a
system is being implemented then the Distribution Franchisee will submit
information about such plans, processes and procedures to JdVVNL. All these
systems must be in compliance with Regulatory and Licensee conditions. JdVVNL,
in consultation with the Distribution Franchisee may depute a reasonable number
of its employees to be trained on such new systems and processes.

20.6 In the event the Distribution Franchisee undergoes merger/ acquisition/


amalgamation, it will duly seek approval from JdVVNL for assignment of this
agreement to the new entity. This would facilitate better coordination with the new
entity.

20.7 The necessary approvals/consents under this agreement shall not be withheld or
delayed unreasonably by any of the party. Any approval or consent given under
this Agreement by either Party shall be valid only if given in writing.

20.8 The Distribution Franchisee may create charge on its gross margin i.e. the revenue
realizations less the amount payable to JdVVNL as per the regular invoices.
Notwithstanding the foregoing, the repayment obligations in all cases shall lie with
the Distribution Franchisee.

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20.9 The language of communication between two parties shall be English only.

20.10 The Distribution Franchisee shall not use JdVVNL assets for any other purpose
except for distribution of electricity and activities concerned with the subject of this
Franchisee

20.11 JdVVNL at the request of the Distribution Franchisee shall pursue with the relevant
agencies for the augmentation of EHV line and transformer capacity for Franchisee
Area.

20.12 JdVVNL shall mark a copy of the Directives received by it under applicable laws,
Regulations and Directives of RERC, which are not in the public domain.

20.13 Notices

Notices to be given under this Agreement shall be in writing and in the English
language. All notices must be delivered personally, by registered or certified mail or
by facsimile transmission on the address given below (To be filled up at the time of
execution of DFA):

For Distribution Licensee Franchisee Representative:


Officer-In-Charge: Officer-In-Charge:
Phone: Phone:
Fax: Fax:
E-Mail: E-Mail:

For Disputes & their Resolution

For Distribution Licensee Franchisee Representative:


Chairman/ Managing Director/ Member: Executive Director (Operations)
Phone: Phone:
Fax: Fax:
E-Mail: E-Mail:

20.14 Agreement Representative

All notices shall be effective: (i) if sent by facsimile transmission, when sent (on
receipt of confirmation of the correct number or address); (ii) if sent by registered
post or certified mail, within 5 days of dispatch; and (iii) if delivered personally, on
receipt by intended recipient, provided that all notices given by facsimile
transmission shall be confirmed by registered or certified mail. Each party shall
forthwith notify the other party of any change in its address to which notices under
this Agreement are to be delivered, mailed or facsimiled.

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20.15 Amendment:

This Agreement may be amended only by written consent of the Parties hereto,
duly executed by authorized representative of each of the Parties hereto.

20.16 Non-Waiver

The failure in any one or more instances of a Party to insist upon performance of
any of the terms, covenants or conditions of this Agreement, to exercise any right
or privilege in this Agreement conferred or the waiver by said party of any breach
of any of the terms, covenants or conditions of this Agreement shall not be
construed as a subsequent waiver of any such terms, covenants, conditions, rights
or privileges, but the same shall continue and remain in full force and effect.

20.17 Binding Effect

This Agreement and the covenants, terms and conditions set forth herein shall be
binding upon and shall inure to the benefit of the Parties hereto and their
respective successors and permitted assigns.

Annexure attached hereto form part of the Agreement.

JdVVNL and the Distribution Franchisee hereby represent and warranty that:

(a) They are not prevented under the applicable Laws and Regulations to enter into
this Agreement;

(b) They have obtained the required authorizations/ permits to sign this Agreement.

IN WITNESS WHEREOF the Parties have caused the Agreement to be executed through
their duly authorized representatives as of the date and place set forth above.

For and on behalf of JdVVNL For and on behalf of Distribution


Franchisee

Name, Designation and Address Name, Designation and Address

_________________________ _________________________
Signature with seal Signature with seal

Witness: Signature , name and address Witness: Signature , name and address
1. 1.
2. 2.

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21 List of Annexure (1-12)

Annexure 1: Brief Description of Franchisee Area

Annexure 2: Methodology for Energy Audit

Annexure 3: Specifications of Consumer Service Centre

Annexure 4: Schedule of Annualized Energy Input Rates

Annexure 5: Procedure for Recovery of Arrears

Annexure 6 : Format of Performance Bank Guarantee

Annexure 7: Notification of Electricity Duty

Annexure 8: Details of Projects Approved under Schemes of Government of


India or the State Government or any Department or
Undertakings thereof or Any Multilateral Funding Organizations

Annexure 9: Order on RERC Approved Depreciation Rate

Annexure 10: List of Open Access Consumers

Annexure 11: Default Escrow Agreement

Annexure 12: Detailed Report on Audited Average Billing Rate

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Annexure 1: Brief description of Franchisee Area

[Details of the Franchisee Area with substations]

1. Brief Description of Bikaner City Circle:

Bikaner City Circle is situated in the northwest direction of the State of Rajasthan.
This is spread over approximately 155 square kilometres. The geographical location
of Bikaner area is shown in the map below:

Figure 1: Geographical location of Bikaner Area

Total Number of:


Consumers: 142569

The brief description of distribution network of Franchisee Area of Bikaner as on 31st


March 2016 is given in the table below. PDCOR has compiled the technical and
revenue information regarding the Franchise Area on a best efforts basis.

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Table 1: Details of BIKANER Area

Particulars UOM BIKANER Area

Area Sq km 155

Population Nos 644406

No of Consumers Nos 142659

Peak Load MW 130

The general details of distribution divisions of the Bikaner circle are as below:

Table 2: Details of Distribution Divisions of Bikaner Circle

S. No Particulars of Divisions

1 City Division-I (CD-I)

2 City Division-II (CD-II)

2. Area Details

Area identified for Distribution Franchisee in Bikaner is Bikaner City Circle. Bikaner
City Circle is divided into 2 divisions:

A) City Division-I (CD-I)

B) City Division-II (CD-II)

Table 3: Details of EHV/HV Substations

No. of input
Capacity
Feeders for
S. No Name of EHV Substation Installed
Bikaner City
(MVA)
Circle

1. 220 KV Sagar 158.15 12

2. 132 KV Pugal 64 5

3. 132 KV Binasar 64 4

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Table 4: Details of City Divisions of BIKANER Circle

No. Of Capacity No. of 33KV


S. No of 11
Name of Division 33/11 KV Installed input
No KV feeders
S/s (MVA) feeders

1. City Division-I (CD-I) 14 130 10 64

2. City Division-II (CD-II) 20 150.15 13 94

A. City Division-I (CD-I)

CD-I is having 11 nos of 33/11 KV substations comprising 10 nos of 33 KV input


feeders & 64 nos of 11 KV feeders with connected load of 130 MVA

Table 5: Details of 33/11 KV substation in CD-I:

Substation 11 KV feeders Area fed

Pabu Chowk, Indira chowk, Ward no 22


Gangasahar
Binasar, Sharda chowk
Bhinasar
Sethia Mohalla, Binasar, Gopeshwar basti,
1X8 MVA = 8 MVA Laxminath
Shiva basti, Binasar PHED well
(CSD-8)
Murli manohar maidaan, Sujandesar, Chandmal
Water Works
bagh, Jawahar school

Ramdevji -

Udayramsar village, Ramdev colony, Vinayak


Udayramsar village
Nagar, By pass road

NH-89, Dharniya petrol pump, Chandok petrol


Udayramsar Palana Road
pump & Rural
1X8 MVA = 8 MVA
Hanuman mandir & Rural Barsinghsar bypaas,
(CSD-8) Hanuman Mandir
Jaipur road bypass & Rural

Dadabari Dadabari mandir & Rural

Meenaji Udayramsar agriculture

24hrs supply Udayramsar agriculture

Vyapar Nagar Choudhary colony Chaudhary colony, Mahadev tiles


2X5 MVA = 10 MVA
Naukha road, Shiv valley, Chopra mohalla,
Chopra School
(CSD-8) Gangashehar, Ganesh Tent house, Chopra bari

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Substation 11 KV feeders Area fed

Vidya niketan, Bothra chowk- I&II. Bothra girls


Bothra Chowk
school, Ghandhi chowk

Shiv shakti nagar, Adarsh vidya mandir school,


Gharsisar
Lohaar colony, Gharisar village

Bakhtawar Sagar Babu plaza, Vishwajyoti, Joshiwada, Teliwada

New well, lohaaro ka muhalla, Rampuria


City Old
mohalla, Bhijia bazaar, Sunaro ki gwad

Jailwell Fort School Fort school, Hotel joshi, Hotel lalji, Tyagi Vatika

1X8 MVA + 1X5 MVA Nayako ka muhalla, Goga gate, Lal Gufa,
= 13 MVA Gogagate Feeder
Gangasehar
(CSD-3)
Rampuriya mohalla, sika mohalla ,kochar
City new
mohalla,goswami mohalla.

Tanki feeder PHED

Dhobi talai,station road,heera lal mall,transport


Heeralal Mall
street.

Sharma colony,bangli mandir,prdashiyo ki


Patti peda
bagechi,baginada
Rani Bazaar Old
Rani Bazar Rly washing line,suraj cinema,near babu hotel
2X5 MVA = 10 MVA
Veterinary Veterinary hospital, bandara bas
(CSD-3)
Bhagwanpura Bhagwanpura, Harjan basti

Sharma Colony Sharma colony

Water Works PHED (dedicated)

Feeder-I Road 1 to 4
Rani Bazaar New
Feeder-II Road 5,6,12
1X5 MVA = 5 MVA
Feeder-III Road 7,8
(CSD-3)
Feeder-IV Road 9,10,11

Hospital feeder Govt. Hospital, MP colony sec-11,12,13,14


MP Nagar
2X8 MVA = 16 MVA MP colony sec-5, Bheem nagar, Rampura
Rampura Bypas
bypaas & Rural
(CSD-6)
MP colony sec- 3 & 4, Rampura(Gali no 1-20),
Kabir Ashram
Kabir Ashram

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Substation 11 KV feeders Area fed

Main Market MP colony sec-6,7,8,1,2

KIA old Feeder No-1 Karni Industrial area


1X5 MVA = 5 MVA
Feeder No-2 Karni Industrial area
(CSD-6)
Feeder No-3 Karni Industrial area

KIA new Kanasar Kanasar village


1X5 MVA = 5 MVA
Bikaji Bikaji industry
(CSD-6)

Lanka, shrimal bhawan, kesavrao well,


Laxminath-1
laxminathji mandir, puliya

Mhotasarai Gahlot hospital, shankar pan ke pas, pn


Gopeshwar-2 bhawan, kheteshwar basti
2X5 = 10 MVA
(CSD-1)
Nathusar new Acharyo ka chok, usto ki bari, sutharo ki guwad

Shitla gate, daro ka mohalla,


Nathusar old

Raghunath well, Salle ki kholi, Pushkarma


Surdasani
Chetananand stadium

2X5 MVA = 10 MVA Water Works PHED (dedicated)


(CSD-1)
Karmisar Shriramsar village, Karmisar village

Nathusar Nathusar gate, Mohta chowk, Barah gowad

Nathusar Nathusar baas, Nayashehar thana

Water Works PHED (dedicated)

Sarvodya Basti, Pandit dharmkaanta, Railway


Back feeder
Gaushala workshop, Railway hospital, Gurudwara

3X5 MVA = 15 MVA


Antyodya Nagar Antyodya Nagar
(CSD-6)
Jawahar Nagar Jawahar Nagar, Kothari hospital & nearby area

Railway Bangla nagar, Pugal road, Sabzi mandi

Nal Chungi chowki, Jaisalmer road, Bangla nagar

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Substation 11 KV feeders Area fed

Ganesh vihar Karmisar road d-1


MDV
1X5 MVA = 5 MVA Kalla kothi Sector f,d,c mdv

(CSD-6) Murlidhar Sector b mdv

Ashram fdr Gajner road sector ii mdv

Sujandesar Sujandesar Village Sujandesar Village


1X5 MVA = 5 MVA
PHED Water Works (dedicated)
(CSD-6)
Sriramsar No load

132 KV GSS 11KV O/G No.1 RIICO Industrial area


Pugal Road
1X5 MVA = 5MVA 11KV O/G No.2 RIICO Industrial area
(CSD-6)

B. City Division-II (CD-II)

CD-II is having 20 nos of 33/11 KV substations comprising 12 nos of 33 KV input


feeders & 94 nos of 11 KV feeders with connected load of 150.15 MVA

Table 6: Details of 33/11 KV substation in CD-II:

Substation 11 KV feeders Area fed

Sudarshana Nagar, Patel Nagar, Shastri


Pawan Puri
Pawanpuri Nagar, pawan puri
1X5 MVA = 5 MVA
GAD GAD colony, Mahila thana
(CSD-2)
Camel Farm Agricultural

Pawan puri sec-1 to 4, Vallabh garden,


Vallabh Garden
Sudharshana Nagar, Sai baba mandir

PBM PBM PBM hospital, Medical college

2X5 = 10 MVA
Ambedkar circle, X-ray gali, Kothi no 27,
Sadulganj
(CSD-2) Tulsi circle

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Substation 11 KV feeders Area fed

AlakhSagar Aggarwal quater. DRM office, Modern mkt

Duplex colony, Patel nagar, Pawan puri,


PawanPuri
Nagaechi scheme, P&T colony

Feeder -2 Sadulganj, Museum circle, KV-1, Jaipur road

Feeder -3 Sadul ganj, Dungar college


66KV
Feeder -4 Vidyut colony, Water works
1X8 MVA + 1X5
MVA = 13 MVA JNV colony sec-1,2,4, Ambedkar colony,
Feeder -6 Gandhi colony, Chanayka nagar, Polytechnic
(CSD-2)
college

Feeder -7 Jaipur Road BSF, Church, Sangalpura

Feeder -8 JNV colony sec-3,4,5, Income tax quarters

Feeder -1 -

Subhash pura, Amar singh pura, Rajasthan


Subhashpura
patrika, Mataji temple

Ranisar baas, Vivek nagar, Maharani


Ranisar
college, Orphanage, Pajab giroh ka mohalla
Main
Ginnani Police line, Ginnai area
2X5 MVA =
10 MVA Rampuria ice factory, Chokhooti, Nagar
Rampuria
nigam store, Kamla colony
(CSD-4)

Local no-2 -

Baagwaano ka mohalla, Gairsariyo ka


Baagwaan
mohalla, Roshni ka choraha

Ganga garden Ganga garden park

Songiri Songiri well, Paekh chowk, Dagga chowk


Sattelite
2X5 MVA = 10 Sattelite Satellite hospital
MVA
Jassusar Jasusar gate, Ved magg ram colony, Pratap

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Substation 11 KV feeders Area fed

(CSD-4) basti

Subhash road Subhash road, Chokhuti, Simran hotel

Kela Godam Set -

Ratan Bihari Park Alakh sagar Bhairoji ki gali, KEM road, Gothra complex
1X5 MVA = 5 MVA
(CSD-5) Ratan Bihari park, Court gate, Junagad fort,
Choutina
KEM road

Filter Plant Filter plant Filter plant

1X3.15 MVA = Transport nagar Transport nagar


3.15 MVA
(CSD-5) PHED Dedicated

Rural Agriculture feeder

Feeder 1 RIICO Indl Area

Feeder -2 RIICO Indl Area


Khara
Feeder -3 RIICO Indl Area
1X8 + 1X5 = 13
MVA Feeder -4 RIICO Indl Area
(CSD-5)
Feeder -5 RIICO Indl Area

Feeder -6 RIICO Indl Area

Feeder -7 RIICO Indl Area

University Agriculture university


Beechwal
Haldiram Haldiram bhujia factory
1X8 + 1X5 = 13
MVA Navlakha Navlakha factory
(CSD-5)
Dhaka building Ind Area

Feeder no.4 Ind Area

Dairy RCP RCP colony

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Substation 11 KV feeders Area fed

2X5 MVA = 10
Urmur dairy, Vasant vihar, Lalgarh palace,
MVA Dairy
Karni singh stadium
(CSD-5)
Beechwal village, Agriculture univ., RTO
Chetak
office, Bikaner jail

Water works Pump house

Railway -

New karni nagar Samta nagar, Karni nagar

Old karni nagar Karni nagar

New RAC RAC colony

Stadium Karni singh stadium

Thirtham, Nagar Nigam, Mehro ka baas,


Radhey shyam
Korio ka mohalla, Indira colony, Bhuto ka
new
MN baas
Hospital/Stadium
Thirtham, Nagar Nigam, Mehro ka baas,
1X8 MVA + 1X5 Radhey shyam old Korio ka mohalla, Indira colony, Bhuto ka
MVA = 13 MVA baas
(CSD-5)
Stadium Maharani school, Akashwaani, water works

Rastradoot Rastradoot

Veer durga das, Rajput hostel, BSNL office,


Nawal sagar
sadar thana, Majsaba baas

Rathkhana colony, Rajvilas colony, Manju


Rath khana
colony, circuit house
Kothi no. 131
Collectrate Collectorate, Kacheri
1X5 MVA = 5 MVA
(CSD-5) Chotina Ratan Bihari park area, Tulsi circle

8 no Kothi -

Karni Nagar Veterinary Veterinary

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Substation 11 KV feeders Area fed

1X5 MVA = 5 MVA


Gandhi colony SBBJ bank, Flame gas, Gandhi colony
(CSD-5)
Narendra bhawan Kailash puri colony, Rathore travels

Ram krishna Indraprastha colony, Ramkrishna ashram

Shiksha vibhag Education deptt, Registrar office

Sagar Maghwalo ka maholla, Nano ka baas, BSNL


Sagar
tower
1X5 MVA = 5 MVA
(CSD-7) Himmtasar Himmtasar village

Ridmalsar -

Sagar Azad nagar, Swarn jayanti colony


Udasar
1X5 MVA = 5 MVA Udasar village, Pemasar village & rural
Udasar
feeding
(CSD-7)
Vaishno dham, Manda & mirudal engg
JP road
college & Rural

Chalana Chalana hospital, JNV colony police station

Khaturia Reliance fresh, DPS, Kathuria colony


Tilak Nagar
Tilak nagar Tilak nagar, Chaudhry girls hostel
2X5 MVA = 10
MVA Vaishali puram, 220 KV GSS (back side
Purnaram bhatta
area)
(CSD-7)
Sophia Akaashvaani, BBS school, sophia school

LIC LIC office, JNV colony sec-6

Horse farm, Camel farm, Modi dairy, keen


Camel farm
Shiv Bari college

1X5 MVA = 5 MVA Shiv mandir Shiv badi ki choraha, Shiv mandir
(CSD-7)
Ambedkar colny Ambedkar colony

Shiv bari gaun Shiv badi village

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Substation 11 KV feeders Area fed

Songiri Binnani Chowk


1X5 MVA = 5 MVA Pareek chowk, kasai bari, binaani chowk,
songiri well, daugi mandir road, chungaro ka
(CSD-4) Kasai Bari mohalla, joshiwara, do peer

F/d No. 1
Himatsar
1X5 MVA = 5 MVA F/d No. 2 Himatsar village & Raisar village

(CSD-7) F/d No. 3

F/d No. 4

Dhan Mandi
FCI
1X5 MVA = 5 MVA Indira Colony
FCI godam, Bhutta Well, Indira colony
(CSD-5) Bairu Singh

Feeder No. 4

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Annexure 2: Methodology for Energy Audit

Column
Parameter Sl. Description Sources of data Remarks
Name

Joint Meter
Energy sent to O&M
Readings by
division from EHV
Energy Input 1. Dist. JdVVNL & the
substations on 33 kV
Distribution
&11 kV feeders
Franchisee

Sub-station wise
import/export
energy
Energy sent to EHV
transactions of
EHV Consumers under
2. concerned EHV
Consumers franchisee jurisdiction
substations from
from EHV feeders
the concerned
JdVVNL/RVPNL
authority.

Energy input other than


Other input at non-EHV source like
Distribution
3. distribution CPPs, IPPs, NCE
Franchisee
level generation sources,
small hydro etc.

Only mutually
agreed
transactions
Energy exchange
considered.
Cross-over, if between adjacent Distribution
4. Every import
applicable circles/divisions/sub- Franchisee
must have
divisions
corresponding
export & vice-
versa.

Total input Sum of (1) to


5.
Energy (4)

Metered Energy Sales to High Distribution


6. HT
Billing Tension Consumers Franchisee

Energy Sales to Low Distribution


7. LT
Tension Consumers Franchisee

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Column
Parameter Sl. Description Sources of data Remarks
Name

Metered LT-AG Apportioned energy


Distribution
8. apportioned sales to low tension Ag
Franchisee
unit Consumers

Credit units not


appearing in HT sales at Distribution
9. Credit Billing
(6) above to HT Franchisee
Consumers

Miscellaneous metered
Distribution
10. Other Billing billing not appearing in
Franchisee
(6) to (9) above

Total Metered
11. Sum of (6) to (10)
Energy

Percentage of
Metered Billing (11) divided by (5)
12.
w.r.t. Input multiplied by 100
Energy

Connected Load of
LT-AG Load in Unmetered Ag
Unmetered Distribution
13. HP as on ------- consumers in HP for the
Energy Franchisee
--- Franchisee Area as on
end of latest quarter

Index derived from


KWh/ HP/ metered LT agriculture Distribution
14.
Month consumption for the Franchisee
zone

Multiplication of (13) &


15. Consumption
(14)

Other Miscellaneous
Distribution
16. Other billing not appearing in
Franchisee
(14) & (15)

Total
17. Unmetered Sum of (15) and (16)
Energy

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Column
Parameter Sl. Description Sources of data Remarks
Name

% Unmetered
(17) divided by (5)
18. energy w.r.t.
multiplied by 100
Input Energy

Total
Energy 19. Sum of (11) and (17)
Sales

Loss 20. (5) less (19)

Loss in (20) divided by (5)


21.
percentage multiplied by 100

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Annexure 3: Specifications of Consumer Service Centre

The Consumer Service Centre (CSC) is an initiative for providing information and service to
the consumers. The CSC shall act as an interface between the customer and the Distribution
Franchisee operations in the entire customer facing process.

The services to be rendered by the CSC shall be as below:

Connection services: relates to customer acquisition including temporary connection, load


change, category change, name/ address change and closure of connection

Billing- duplicate bill generation and billing related compliant handling.

Collection Management- collection facilitation

Recording and redressal of supply related complaints

Help desk

The CSC shall be in the shape of physical infrastructure and shall be manned by persons of
the Distribution Franchisee.

The channels of interface at the CSC shall be as under:

Help desk services

User self-use kiosks (optional) Touch screen kiosks to be kept at the sub divisional offices,
which will guide the customer through graphical user interface. These kiosks shall also act
as collection boxes, which will help in collecting the payment of the electricity bills and issue
a receipt once the cheque/ cash is received.

Notice Boards disseminating information regarding:

 Power outages schedule;

 Standards of Performance;

 Emergency numbers in case of accidents;

 General information regarding saving of power;

 Contact numbers of concerned officials;

 Performance graphs.

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Operations of the CSC

New Connection process

The CSC agent shall explain to the Customer, the details of filling up of the forms and shall
also inform the customer about the required documents, fees and other charges. The CSC
agent shall check the adequacy of the form and document and shall issue a receipt to the
consumer. The form shall be promptly forwarded for further action to connect the customer.

Duplicate Bill

The CSC shall issue a duplicate bill to the customer upon payment of a nominal fee.

Collection of Payments

The CSC shall be equipped to handle collection of bills from the consumers. The CSC shall
collect the payment against bills and promptly issue a receipt to the consumer.

Complaint Handling

The CSC shall register the commercial and supply related complaints of consumers and issue
a complaint number to the customer. The complaints so registered shall be promptly
forwarded for taking necessary action for redressal.

Specifications

Minimum Hardware

Quantity (Not to be Description (Not to be


Sl. Particulars lesser than R APDRP lesser than R APDRP
Requirement) Requirement)

1 Personal Computers

2 External modem

3 Line Matrix Printer

4 Printer

5 RDBMS

6 Phone Lines

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Functionality of Software
1. Logging, tracking and managing complaints
2. Analysis and Reporting
a. Identify trends
b. Recurring electrical equipment problem identification
c. Time to resolve
d. First contact resolution rate
e. Complaint tickets issued reports and MIS reports
f. Daily Collection report
3. E-mail Interface
4. Web based solution
5. Collection management
6. Complaint / query handling-billing, new connection

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Illustrative List of the Complaints/ Services to be Handled by the Consumer


Service Centre

Sl. Service Segment Service Details

Request for application form

Query on time taken for new connections

Security Deposit queries

Application status

Expected Date of meter installation


1 New Connection Related
Capital works expected completion date

Customer number assignment

Contract not provided

Temporary Connection

Other new connections request

Meter Running-fast

Meter Running-slow/ sluggish

Meter Stuck up
2 Meter Related
Meter burnt

Shifting of meter

Other meter related requests

Billing Correction request

Wrong Billing

3 Billing Related Duplicate billing request

On demand bill request

Late bill receipt

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Sl. Service Segment Service Details

Meter Reading-correction request

Meter Reading not taken

Arrears dispute

Additional charges dispute

Surcharge dispute

Back billing dispute

Other billing requests

Reporting of theft/ malpractice

Disconnection dispute

Disconnection request

Temporary disconnection request

Dismantlement dispute
Disconnections and
4
Dismantlement related
Termination request

Other disconnection and dismantlement

Requests

Reconnection requests

Fuse-off call

Supply failed-total area

Supply failed-individual
5 Supply Related
Supply failed-one phase out

Dim supply

Voltage fluctuation

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Sl. Service Segment Service Details

Blinking

Transformer-smoke/ flames

Transformer-cable/ lugs burnt

Transformer-sparking at the poles

Transformer-leaking

Voltage-High/Low

Line-snapped/ bunched/twisted/ tree

branches touching

Pole-shock

Pole-Leaning/ fell down

Pole- Rushed/ damaged

SC- Wire broken/ damaged/ loose

Connection

Street Light-not glowing

Other supply related requests

Name Change

Title transfer

Category Change
Other Customer Related
6 Address Change
Requests
Telephone Number change

Shifting of service

Connected Load query

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Sl. Service Segment Service Details

Change of connected load

Conversion from single phase to three

Phase

Delay in release of additional load

Exception status query

Replacement of service wire

Requirement of additional Poles

Line shifting/ DTC shifting

Additional streetlight reqd

Status of complaints

Other customer requests

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Annexure 4: Schedule of Annualized Input Rate

Schedule of Annualized input rate

Minimum Benchmark Input Annualised Input


Year
Rates (Rs/kWh) Rate (Rs/ kWh) (Up to three decimal place)

1 4.541

2 4.721

3 4.932

4 4.948

5 5.025

6 5.101

7 5.145

8 5.188

9 5.232

10 5.276

11 5.319

12 5.346

13 5.374

14 5.402

15 5.428

16 5.451

17 5.458

18 5.466

19 5.475

20 5.483

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Annexure 5: Procedure for Recovery of Arrear

1. A committee shall be constituted by JdVVNL for determination of arrears which shall


comprise of one independent external legal, one financial and one technical expert.
The selection of these experts shall be as mutually agreed by both the Parties. The
Chairman of the committee shall be the nominee of JdVVNL not below the rank of
Additional Chief Engineer. There shall be one representative of the DF who shall be a
member of the Committee.

2. The broad scope of work of the committee would be as under:

a) Determining and validating the quantum of arrears in the Franchisee Area.

b) The Committee shall evolve a methodology for the determination of the arrears
which shall be placed before JdVVNL for its approval. Such approved
methodology shall become the basis for the functioning of the Committee.

3. The process of recovery of arrears shall be as per applicable provisions of The


Rajasthan Electricity Regulatory Commission (Electricity Supply Code and Connected
Matters Regulations, 2004), Electricity Act 2003 and other applicable provisions of
law.

4. The Distribution Franchisee shall continue to show the old arrears of JdVVNL in the
Consumers bill so as to effectively continue the claim of JdVVNL on these arrears.

5. The Distribution Franchisee shall make available suitable office and secretarial help
to the committee within Franchisee Area.

6. The expenses incurred for the committee in this respect shall be borne by
Distribution Franchisee.

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Annexure 6: Performance Guarantee

Performa of Performance Bank Guarantee

{On non-judicial stamp paper worth. (0.25% of Bank Guarantee Value or Rs. 25000/-
whichever is lower) of Govt. of Rajasthan}

To,

The Superintending Engineer (RA&C)


Jodhpur Vidyut Vitran Nigam Limited,
New Power House, Ind. Area,
Jodhpur-342003

Ref. : ..(LOI No ------ Dated -------)

Date: .

Bank Guarantee No..

This deed of Guarantee is made this day of . Of the


year . between the Superintending Engineer (RA&C), Jodhpur Vidyut
Vitran Nigam Limited, New Power House, Ind. Area ark,Jodhpur-342003 ( which expression
shall unless excluded by or repugnant to the context includes his successors and assignees)
of the one part and the..(Name of issuing Bank),
having its head office. Hereinafter called The Bank (which
expression shall unless excluded by or repugnant to the context includes his successors and
assignees) of the other part

1. In accordance with the Distribution Franchisee Agreement


No.___________________ between Jodhpur Vidyut Vitaran Nigam Limited
(hereinafter referred to as the JdVVNL) for the work of Distribution Franchisee for
Distribution of Electricity along with meter reading, billing, collection, operation
maintenance etc. for Bikaner City Circle of Rajasthan, with

M/s (Company Name)


Address.(hereinafter
referred to as Distribution Franchisee), a Bank Guarantee for a sum of Rs
__________valid for a period of _______ from.,as required to be furnished
by the Distribution Franchisee, we the (Name of the Bank)(hereinafter
referred to as The Bank) do hereby unequivocally and unconditionally guarantee
and undertake to pay during the above said period, on written request by JdVVNL,
an amount not exceeding Rs. ------- Only to JdVVNL without any reservation. The
guarantee would remain valid up to 5.00 P.M. of .... (date) and if any

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further extension to this is required, the same will be extended as and when required
by JdVVNL.

2. We, the .. (Indicate the name of the Bank) do


hereby further undertake to pay the amounts due and payable under this guarantee
without any demur, merely on demand from JdVVNL stating that the amount claimed
is due by way of loss or damage caused to or would be caused to or suffered by
JdVVNL by reason of any breach of any of the terms of conditions of the said
Distribution Franchisee Agreement by the Distributon Franchisee. Any such demand
made on the Bank shall be conclusive as regards the amount due and payable by the
Bank under this guarantee. However, our liability under this guarantee shall be
restricted to an amount not exceeding Rs.

3. We, the .. (Indicate the name of the Bank)


undertake to pay to JdVVNL any money so demanded notwithstanding any dispute or
disputes raised by the Distribution Franchisee in any suit or proceeding instituted/
pending before any court of tribunal relating thereto, our liability under this present
being absolute and unequivocal. The payment so made by us under this bond shall
be a valid discharge of our liability for payment there under and the Distribution
Franchisee shall have no claim against us for making such payment.

4. We, the .. (Indicate the name of the Bank)


further agree that the guarantee herein contained shall remain in full force and effect
during the aforesaid period of .. days and it shall continue to be so
enforceable till all the dues of JdVVNL under or by virtue of the said Distribution
Franchisee Agreement have been fully paid and its claims satisfied or discharges or
till JdVVNL certifies that the terms and conditions of the said Distribution Franchisee
Agreement have been fully and properly carried out by the said Distribution
Franchisee and accordingly discharges this guarantee. Unless a demand or claim
under this guarantee is made on us in writing on or before the
.. (Date 3 months after the expiry of Bank Guarantee) We
shall be discharged from all liability under this guarantee thereafter.

5. We, the .. (Indicate the name of the Bank)


further agree with JdVVNL that JdVVNL shall have the fullest liberty without our
consent and without effecting in any manner our obligations hereunder to vary any
of the terms and conditions of the said Distribution Franchisee Agreement or to
extend time of performance by the said Distribution Franchisee from time to time or
to postpone for any times or from time to time only of the powers exercisable by
JdVVNL against the Distribution Franchisee Agreement (Distribution Franchisee) and
to forebear or enforce any of the terms and conditions relating to the said
Distribution Franchisee Agreement and we shall not be relieved from our liability by

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reason of any such variation, postponement or extension being granted to the said
Distribution Franchisee or for any forbearance act or omission on the part of JdVVNL
or any indulgence by JdVVNL to the said Distribution Franchisee or by any such
matter or thing what-so-ever which under the law relating to sureties would, but for
this provision, have effect of so relieving us.

The decision of The Superintending Engineer (RA&C), JdVVNL or any other officer exercising
the power of The Superintending Engineer (RA&C), JdVVNL shall be final in respect of this
bank guarantee.

6. This guarantee will not be discharged due to the change in the name, style and
constitution of the Bank or the Distribution Franchisee.

7. All disputes arising under the said guarantee, between the bank and JdVVNL or
between the Distribution Franchisee and JdVVNL pertaining to the guarantee, shall
be subject to the jurisdiction of court, only at Jodhpur in Rajasthan alone.

We, the .. (Indicate the name of the Bank) lastly


undertake not to revoke this guarantee during its subsistence except with the previous
consent of the Superintending Engineer (RA&C), JdVVNL in writing.

Dated, the day of

Witness:

1.

2.

For

(Indicate name of Bank)

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Annexure 7: Notification of Electricity Duty

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Annexure 8: Details of Projects Approved Under Schemes of Government


of India or the State Government or Any Department or Undertakings
thereof or Any Multilateral Funding Organizations

A. Restructured Accelerated Power Development and Reforms Programme


(R-APDRP)

Ministry of Power, Govt. of India, has launched the Restructured Accelerated Power
Development and Reforms Programme (R-APDRP) in the XI Five year Plan. Power
Finance Corporation Limited (PFC) has been designated by Ministry of Power, Govt.
of India as the Nodal Agency for the programme. The programme spans from data
acquisition at distribution level till monitoring of results of steps taken to provide an
IT backbone and strengthening of the Electricity Distribution system across the
Country under the programme. The objective of the programme is reduction of AT&C
losses to 15% in project areas. The program is divided into 2 parts: Part-A and Part-
B.

The Programme:

Programme consists of Part-A covering Information Technology application in the


electricity distribution system and Part B covering the System strengthening,
improvement and augmentation of distribution system capacity. Both parts entail
planning of measures to be taken under the programme, implementation of such
measures to be taken and monitoring / evaluation of results /impact of the
programme as a whole and of its various components across the Country. The focus
of the programme shall be on actual, demonstrable performance in terms of loss
reduction. Establishment of reliable and automated systems for sustained collection
of accurate base line data, and the adoption of Information Technology in the areas
of energy accounting will be essential for the success of the R-APDRP.

The activities to be covered under each part are as follows:

Part A: Preparation of Base-line Data System for the project area covering
Consumer Indexing, GIS Mapping, Automatic Metering (AMR) on Distribution
Transformers and Feeders, and Automatic Data Logging for all Distribution
Transformers & Feeders and SCADA / DMS system. It would include Asset Mapping
of the entire distribution network at and below the 11kV transformers and include
the Distribution Transformers and Feeders, Low Tension lines, poles and other
distribution network equipment. It will also include adoption of IT applications for
meter reading, billing & collection; energy accounting & auditing; MIS, Redressal of
consumer grievances and establishment of IT enabled consumer service centres etc.

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Part B: It covers renovation, modernization and strengthening of 33/11 kV level


Substations, Transformers, Re-conductoring of lines at 11kV level and below, Load
Bifurcation, Feeder segregation, Load Balancing, Aerial Bunched Conductoring in
thickly populated areas, HVDS, installation of capacitor banks and mobile service
centres etc. In exceptional cases, where sub-transmission system is weak,
strengthening at 33 kV levels may also be considered.

Status of R-APDRP in Bikaner City Circle:

R-APDRP part B is for strengthening of distribution network of town area. For


Bikaner City Circle the closure of work under R-APRDP is under submission.

The status is given in the following table: -

Total
Name of the Contract Contract % work
Sl. Scope of Work
Contractor Period Value (Rs. completed
Cr.)

R-APDRP(B)- System M/s SMS


Upto June Closure under
1 Strengthening work Infrastructure 64.97
2015 submission
(Lot-VII) Limited

R-APDRP(B)- System Upto June Closure under


2 Strengthening work M/s VTL Limited 2015 64.72 submission
(Lot-VIII)

R-APDRP(B)- System M/s SMS Upto June Closure under


3 Strengthening work Infrastructure 2015 69.42 submission
(Lot-IX) Limited

M/s Intelnet,
4 FRT works 3 years 6.537 -
Mumbai

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Annexure 9: Order on RERC Approved Depreciation Rate

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Annexure 10: List of Open Access Consumers

- NIL -

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Annexure 11: Default Escrow Agreement

Default Escrow Agreement

Distribution Franchisee Agreement for Supply and Distribution of Electricity in


Bikaner City Circle.

This DEFAULT ESCROW AGREEMENT is executed on this <day> day of <month>, <year>
at Jodhpur amongst:

Jodhpur Vidyut Vitran Nigam Limited, a company registered under the Companies Act,
1956 having its registered office at ., India (hereinafter referred to as
JdVVNL, which expression unless repugnant to the context or meaning thereof shall
include its successors and permitted assigns) of the FIRST PART:

and

[Name of Distribution Franchisee], a special purpose vehicle incorporated by the


Successful Bidder i.e. . under the provisions of the Companies Act, 2013, and having
its registered office at (hereinafter referred to as the Distribution Franchisee
which expression shall, unless repugnant to the context or meaning thereof, include its
successors and permitted assigns), of the SECOND PART.

and

[Name of Bank], a company incorporated under the Companies Act, 1956 and a banking
company within the meaning of the Banking Regulation Act, 1949, having its registered
office at , and a branch office at . (hereinafter
referred to as the Escrow Agent which term shall include its successors and permitted
assigns) of the THIRD PART.

Each of the parties of the First, Second and Third parts are hereinafter, as the context may
admit or require, individually referred to as a Party and collectively as the Parties.

WHEREAS:

A. JdVVNL initiated a competitive bidding process through the Request for Proposal
number dated issued by the SE (RA&C) of JdVVNL, for selection of a
distribution franchisee for the Franchisee Area (as defined below).

B. . participated in the aforesaid bid process and submitted to JdVVNL its


bid documents .. and a revised price proposal dated ..
Thereafter, JdVVNL issued a letter of intent dated ., appointing

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. as the distribution franchisee for the Franchisee Area, and through


its acceptance letter dated ., unconditionally accepted
its appointment as the distribution franchisee for the Franchisee Area.

C. Subsequently, .. incorporated the Distribution Franchisee as a special


purpose vehicle, which along with .. has executed a Distribution
Franchisee Agreement with JdVVNL dated . (DFA or Distribution Franchisee
Agreement). In terms of the DFA, the Distribution Franchisee has agreed to pay to
JdVVNL for the Input Energy at the Input Point in the Franchisee Area at the
annualized Input Rate specified in the DFA.

D. In terms of the DFA, the Distribution Franchisee is required to duly secure JdVVNL,
by establishing an arrangement for payments of the Secured Obligations (as defined
below) and the Distribution Franchisee and JdVVNL have agreed on a mechanism
through this Agreement and the Agreement to Hypothecate cum Deed of
Hypothecation for securing the Secured Obligations.

E. In terms of Clause 12.8 of the DFA, the Distribution Franchisee is required to execute
this Default Escrow Agreement with JdVVNL and the Default Escrow Agent, for the
establishment and operation of the Default Escrow Account (as defined below)
through which all Revenues (as defined below) shall be routed during the subsistence
of the DFA.

F. In pursuance of its obligations under the DFA, the Distribution Franchisee has
approached [Name of Bank] to be appointed as the Default Escrow Agent, and
[Name of Bank] has agreed to such appointment, in accordance with the terms set
out in this Default Escrow Agreement.

G. The Distribution Franchisee hereby issues standing and irrevocable instructions to the
Default Escrow Agent to ensure the transfer of funds to JdVVNL on receipt of the
Event of Default (as defined below) from JdVVNL in accordance with the Distribution
Franchisee Agreement and this Agreement.

H. The Parties having agreed to the terms and conditions for the establishment and
operation of the Default Escrow Account, and the rights and obligations of the Parties
in relation to the same, are now executing this Default Escrow Agreement to capture
their understanding in writing.

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Interpretation:

Unless the context otherwise requires, the provisions of Clause 1.2 of the DFA shall be
deemed to be incorporated herein and shall apply for the purpose of this Agreement.

AND WHEREAS a Distribution Franchisee Agreement was signed between JdVVNL, and
Distribution Franchisee and [Name of selected bidder] on .. whereby the following
provision exists:

As an additional measure to ensure compliance of Distribution Franchisees obligations


under this Agreement, Distribution Franchisee and the JdVVNL, on or prior to the Effective
Date, shall execute a separate Default Escrow Agreement (referred as Default Escrow
Agreement) for the establishment and operation of the Default Escrow Account in favour of
JdVVNL, through which the revenues of Distribution Franchisee shall be routed and used as
per the terms of the Default Escrow Agreement. Distribution Franchisee and JdVVNL shall
also enter into a separate Agreement to Hypothecate Cum Deed of Hypothecation, whereby
Distribution Franchisee shall agree to hypothecate, to JdVVNL, the amounts to the extent as
required for the Letter of Credit as per Clause 12.1 and Clause 12.4 routed through the
Default Escrow Account and the Receivables in accordance with the terms of the Agreement
to Hypothecate Cum Deed of Hypothecation. The Default Escrow Agreement and the
Agreement to Hypothecate cum Deed of Hypothecation are collectively referred to as the
"Collateral Arrangement". The minimum balance at any time in the Default Escrow Account
shall be at least equal to the amount required for the Letter of Credit as per Clause 12.1 and
12.4.

This Escrow Account shall also serve as security for non-adherence of investment of
stipulated minimum capital expenditure.

NOW THEREFORE, in consideration of the foregoing and the respective covenants and
agreements set forth in this Default Escrow Agreement and other considerations, the
sufficiency and adequacy of which is hereby acknowledged, and intending to be legally
bound hereby, the Parties agree as follows:

ARTICLE 1 DEFINITIONS AND INTERPRETATION

1.1 Definitions

1.1.1 Capitalized terms used but not defined in this Agreement, shall, in so far as the
context admits, have the same meaning in this Agreement as has been ascribed to
them in the DFA.

1.1.2 Additionally, the following terms shall have the meaning hereinafter respectively
assigned to them:

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Agreement means this Default Escrow Agreement entered into amongst JdVVNL,
the Distribution Franchisee and the Default Escrow Agent and the modifications,
amendments or alterations thereto from time to time;

Agreement to Hypothecate cum Deed of Hypothecation shall mean the


agreement to hypothecate cum deed of hypothecation dated .. June 2016 entered
into between JdVVNL and Distribution Franchisee, a copy of which shall be provided
to the Default Escrow Agent on execution of this Agreement;

Business Day shall mean any day which is not a bank or a public holiday in
Rajasthan.

Charge Creation Date shall have the meaning as ascribed thereto in Clause 3.2.1
of this Agreement;

Collection means the amounts collected from the consumers of the Distribution
Franchisee under the Distribution Franchisee Area, on account of the
supply/distribution of electricity by the Distribution Franchisee in pursuance of the
rights granted to the Distribution Franchisee by JdVVNL under the DFA;

Default Escrow Account shall mean the default escrow account opened with the
Default Escrow Agent pursuant to Clause 2.2.1 of this Agreement and for the
purposes of this Agreement,

Distress Event means an event where:

(a) a liquidator has been appointed by a court of competent jurisdiction in a


proceeding for the winding up of the Default Escrow Agent; or

(b) a court of competent jurisdiction has made an order of winding up of the


Default Escrow Agent other than for the purpose of amalgamation or
reconstruction acceptable to the Distribution Franchisee, JdVVNL; or

(c) an Indian Government Instrumentality, statutory body or a court of competent


jurisdiction has issued or adopted any law, rule regulation or order or initiated
any proceeding or otherwise taken any action which reasonably may be
expected to have a material adverse effect on the ability of the Default Escrow
Agent to satisfy its obligations under this Agreement.

Dispute shall have the meaning attributed thereto in Clause 9.9.2 of this
Agreement.

Default Escrow Agent or Escrow Agent shall mean [Name of Bank], a


company incorporated under the Companies Act, 1956 and a banking company

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within the meaning of the Banking Regulation Act, 1949, having its registered office
at .., and a branch office at . and who shall manage the Default
Escrow Account and discharge obligations specified in this Agreement;

Distribution Franchisee Agreement or DFA shall mean the agreement titled


Distribution Franchisee Agreement dated .. 2016 entered into between the
JdVVNL, [Name of selected bidder] and the Distribution Franchisee;

Distribution Franchisees Bank Account means the bank account of


Distribution Franchisee bearing number ., held with .. branch of
[Name of Bank], and having IFSC Code .;

Effective Date means the Effective Date as defined in Clause 1.1 (xv) of the DFA;

Event of Default shall have the meaning set out in Clause 8.1 of this Agreement;

Fortnight shall mean each continuous period of not less than fifteen (15) days;

Month means a period beginning at 00:00 hours midnight on the first (1st) day of
a calendar month and ending at 24:00 hours midnight on the last day of such
calendar month;

Minimum Balance means an amount equal to the value of standby letter of


credit as required to be maintained in terms of Clause 12.1 and 12.4 of the DFA;

JdVVNL Account means the bank account of JdVVNL bearing number ..


held with ., and having IFSC Code ;

JdVVNL Receivables means the amounts that JdVVNL is entitled to receive


pursuant to Clause 5.2.2, Clause 8, Clause 9, Clause 11.2, Clause 11.4, Clause 12,
Clause 13.1, Clause 17.5.1, Clause 17.6.1 and Clause 17.6.2 of the DFA;

Secured Amount means Collections to the extent of an amount equal to 2 (two)


months estimated amounts payable to JdVVNL by the Distribution Franchisee based
on the 2 (two) months average Input Energy at Input Points in the Franchisee Area
during Financial Year 2015-2016 and Input Rate {including 2 (two) months
equivalent estimated amount of Electricity Duty and other similar charges} quoted by
the Distribution for first year of the term of the DFA, as enhanced from time to time
in accordance with Clause 12.4 of the DFA. Provided that the Secured Amount shall
not include the interest income earned on and paid at the time of liquidation of fixed
deposits made by the Distribution Franchisee from the excess amounts lying in the
Default Escrow Account, in accordance with this Default Escrow Agreement.

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Secured Obligations shall mean obligation of the Distribution Franchisee for


making payments due under Clause 5.2.2, Clause 8, Clause 9, Clause 11.2, Clause
11.4, Clause 12, Clause 13.1, Clause 17.5.1, Clause 17.6.1 and Clause 17.6.2 of the
DFA;

1.2 Interpretation

Unless the context otherwise requires, the provisions of Clause 1.2 of the DFA shall
be deemed to be incorporated herein and shall apply for the purpose of this
Agreement.

CLAUSE 2 APPOINTMENT OF DEFAULT ESCROW AGENT AND ESTABLISHMENT


OF ACCOUNTS

2.1 Default Escrow Agent

2.1.1 Appointment as agent

Distribution Franchisee & JdVVNL have agreed to appoint [Name of Bank] as the
Default Escrow Agent for the purposes of this Agreement through its .., who
shall act as agent of JdVVNL and the Distribution Franchisee in connection with this
Agreement for the purposes and in accordance with the terms and provisions set
forth herein and therein.

2.1.2 Acceptance of Appointment

The Escrow Agent hereby accepts their appointment and agrees to act as a Default
Escrow Agent.

2.1.3 Primary Obligation of the Default Escrow Agent

Except as otherwise provided in this Agreement, the Default Escrow Agent shall hold
and safeguard, the Default Escrow Account and all of the monies on deposited
therein during the term of this Agreement to be held in trust by the Default Escrow
Agent for the commitments to the Distribution Franchisee and JdVVNL and shall, in
performing its functions and duties under this Agreement act as an agent for the
Distribution Franchisee and JdVVNL.

2.2 Establishment of Accounts

2.2.1 Establishment of the Default Escrow Account

The Distribution Franchisee shall establish on or by the Effective Date, in favour of


JdVVNL, a special, segregated, no-lien, and irrevocable cash collateral account in the

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name and style of [Name of Franchisee]-Escrow Account at the specified branch of


the Default Escrow Agent which account shall be maintained at all times until the
termination of this Agreement (hereinafter referred to as the Default Escrow
Account) through which the Collections of the Distribution Franchisee shall be
routed and used as per the terms of this Agreement.

2.3 Default Escrow Agents obligations

2.3.1 The Distribution Franchisee has/will, pursuant to the Agreement to Hypothecate cum
Deed of Hypothecation agreed to grant a first ranking charge in favour of JdVVNL on
the Secured Amounts lying in the Default Escrow Account in accordance with the
terms of the Agreement to Hypothecate Cum Deed of Hypothecation.

2.3.2 The Default Escrow Agent shall provide to JdVVNL and the Distribution Franchisee,
no later than fifteen (15) days from the end of each quarter, a statement of accounts
detailing all deposits, transfers, disbursements or payments into and from the
Default Escrow Account during the preceding quarter. During any period, following
the delivery of a notice of the occurrence of an Event of Default and until delivery of
notice that the Event of Default has been cured and is no longer continuing, the
Default Escrow Agent shall provide such statement of accounts to the Distribution
Franchisee and JdVVNL on a daily basis.

2.3.3 The Default Escrow Agent shall, at all times, act and discharge its/ functions and
obligations under this Agreement in accordance with the principle of protecting and
enforcing the rights and interest of JdVVNL hereunder and the security afforded to it
under the Agreement to Hypothecate cum Deed of Hypothecation for the full and
timely performance by the Distribution Franchisee of the Secured Obligations, in the
manner contemplated herein.

2.3.4 The Default Escrow Agents duties and responsibilities shall be limited to those
expressly set forth herein. Without affecting the rights and obligations of JdVVNL or
the Distribution Franchisee, the Default Escrow Agent shall not be subject to nor
obligated to recognize, except as expressly provided herein and in the DFA and
Agreement to Hypothecate cum Deed of Hypothecation to the extent applicable, any
other agreement or arrangement between JdVVNL and the Distribution Franchisee,
nor shall any such agreement or arrangement be deemed to be incorporated herein
by reference thereto.

2.3.5 As soon as practicable but in no event later than fifteen (15) days from the Effective
Date, JdVVNL and the Distribution Franchisee shall deliver to each other and to the
Default Escrow Agent, specimen signatures of their respective authorised
representatives duly attested by their banks. JdVVNL and the Distribution Franchisee
shall have the right to change their respective authorised representatives by

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delivering specimen signatures of their respective new authorised representatives


along with, in respect of Distribution Franchisee the necessary board resolution and
in respect of JdVVNL the appropriate office order, and other necessary documents as
required by the Escrow Agent.

2.3.6 Notwithstanding anything contained in Section 171 and Section 221 of the Indian
Contract Act, 1872 the Default Escrow Agent shall not have any lien or be entitled to
assert a general claim on or against the monies in the Default Escrow Account.

2.4 Continuation

Any corporation or association into which the Default Escrow Agent may be
converted or merged, or with which it may be consolidated or to which it may sell or
transfer its business and assets as a whole or substantially as a whole or any
corporation or association resulting from any such conversion, sale, merger,
consolidation or transfer to which it is a party, shall be and become the successor
Default Escrow Agent hereunder, without the execution or filing of any agreement,
document or instrument or any further act, deed or conveyance on the part of the
Parties, anything herein to the contrary notwithstanding:

Provided, however, JdVVNL and Distribution Franchisee shall be entitled, if it deems


proper, not to accept any such successor Default Escrow Agent and take further
steps for replacement thereof in accordance with Clause 9.8 of this Agreement.

2.5 Income Attribution

2.5.1 All interest and other amounts in the Default Escrow Account shall be the income of
the Distribution Franchisee as per the provisions of the relevant tax laws of India.

ARTICLE 3 OBLIGATIONS OF THE DISTRIBUTION FRANCHISE

3.1 Reaffirmation of Distribution Franchise obligations

The Distribution Franchisee covenants with JdVVNL that it will pay or discharge the
Secured Obligation in accordance with the provisions of the DFA.

3.2 Creation of Charge

3.2.1 The Distribution Franchisee shall on the Effective Date (Charge Creation Date),
create first ranking charge over the Secured Amounts.

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3.3 Creation of further security interest

The Distribution Franchisee may create charge on its gross margins i.e. the
Collections minus the Minimum Balance and amount payable to JdVVNL as per
regular invoices raised by JdVVNL.

3.4 Changes in coverage

3.4.1 No change shall be made or permitted by the Distribution Franchisee in its business
operations or collections policies which would result in the flow of Collections being
reduced from what they would have been, had such change not been made or
permitted as the case may be.

ARTICLE 4

4.1 Routing of amounts into the accounts

4.1.1 The Distribution Franchisee shall ensure that all the Collections received from
customers in the Franchisee Area shall be received only into the Default Escrow
Account, and no other account of the Distribution Franchisee. Additionally, the
Distribution Franchisee shall ensure that, at any given point of time during the term
of this Agreement, amount lying in the Default Escrow Account at least equals the
Minimum Balance.

ARTICLE 5 OPERATION AND MANAGEMENT OF THE DEFAULT ESCROW


ACCOUNT

5.1 General

5.1.1 All amounts deposited in the Default Escrow Account shall be applied by the Default
Escrow Agent as provided for in this Article 5. All such amounts, to the extent of the
Secured Amounts, shall constitute a part of the security and shall not constitute
payment of any Secured Obligations until applied to the payment thereof as
hereinafter provided.

5.1.2 Within 7 (seven) days of receipt of invoice by Distribution Franchisee for that month,
the Distribution Franchisee shall provide to the Default Escrow Agent details related
to: (a) the quantum of and timeline for payment of JdVVNL Receivables in that
month; and (b) the quantum of and timelines for other payments/transfers required
to be made (Additional Payments), out of the monies lying in the Default
Escrow Account (Payment Instructions). It is clarified that the JdVVNL
Receivables shall be transferred to the JdVVNL Account, and the amounts set out in

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(b) above shall be transferred to the Distribution Franchisees Account or such other
account as the Distribution Franchisee may instruct under the Payment Instructions.
It is clarified that clear written instructions signed by authorized signatories will be
required from the Distribution Franchisee regarding payment instructions as
mentioned in Clause 5.1.2 (a) and Clause 5.1.2 (b) above.

5.2 Procedure prior to occurrence of an Event of Default

Unless the Default Escrow Agent has received a written intimation from JdVVNL (with
a copy marked to the Distribution Franchisee) that an Event of Default has occurred
and is subsisting, the amounts lying in the Default Escrow Account shall be
utilized/withdrawn in the following order of priority, in accordance with the Payment
Instructions:

(a) Firstly, towards payment of JdVVNL Receivables into the JdVVNLs Account;
and

(b) Lastly, towards credit to the Distribution Franchisees Account.

For the avoidance of doubt, it is clarified that if at the end of the calendar month, no
Event of Default has occurred or is subsisting, aforesaid drawals, in accordance with
Clause 5.1.2, shall be made from Default Escrow Account such that, balance at any
point of time does not reduce below Minimum Balance in the Default Escrow
Account.

5.3 Procedures after occurrence of an event of default under Clause 17.1 of


DFA

5.3.1 Upon receipt by the Default Escrow Agent of a written intimation from JdVVNL (with
a copy marked to the Distribution Franchisee) that an Event of Default has occurred
and is subsisting, all disbursements, transfers and withdrawals of money from the
Default Escrow Account pursuant to Clause 5.1.2 and Clause 5,2 above shall cease
and all transfers and withdrawals of money lying in the Default Escrow Account shall
be made strictly and only in accordance with Clause 5.3.3 below. It is clarified upon
receipt of aforesaid intimation from JdVVNL, the Default Escrow Agent shall not have
the right and/or obligation to withdraw and pay to JdVVNL from the Default Escrow
Account, any sums that are in excess of the JdVVNL Receivables actually due from
the Distribution Franchisee.

5.3.2 The provisions of Clause 5.3.1 shall be subject to the provisions of this Clause 5.3.2.
Immediately upon transfer of adequate funds to cover the JdVVNL Receivables
actually due from the Distribution Franchisee or an Event of Default is cured
(evidenced by a written intimation from JdVVNL with a copy to the Distribution
Franchisee which intimation JdVVNL shall be obligated to issue upon an Event of

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Default ceasing to be in force), as the case may be, the Default Escrow Agent shall
be obligated to recommence the transfer of amounts from the Default Escrow
Account in accordance with Clause 5.1.2 and Clause 5.2 without any further action
by or intimation from JdVVNL or the Distribution Franchisee.

5.3.3 Immediately upon receipt of written intimation of the occurrence of an Event of


Default from JdVVNL, the Default Escrow Agent shall prepare a statement setting out
the amounts lying in the Default Escrow Account and furnish such statement to
JdVVNL and the Distribution Franchisee. JdVVNL shall upon occurrence of an Event
of Default, furnish to the Default Escrow Agent and the Distribution Franchisee,
details of the JdVVNL Receivables actually due from the Distribution Franchisee
under the DFA. On the basis of the information received, the Default Escrow Agent
shall determine the total amount of JdVVNL Receivables available and shall
thereafter release an amount equal to such JdVVNL Receivables to the JdVVNL
Account.

5.3.4 Notwithstanding anything to the contrary stated elsewhere in this Default Escrow
Agreement, the restrictions set out in Clause 5.3.1, Clause 5.3.2 and Clause 5.3.3
aforesaid shall not apply and the Distribution Franchisee shall be entitled to freely
operate the Default Escrow Account in accordance with Clause 5.1.2 and 5.2, if
JdVVNL has invoked the Letter of Credit and/or the Performance Guarantee in
accordance with the DFA and has realized the JdVVNL Receivables actually due to
JdVVNL from the Distribution Franchisee.

5.3.5 In the event of any Dispute between JdVVNL and the Distribution Franchisee arising
out of this Agreement, JdVVNL/Distribution Franchisee shall have recourse to the
dispute resolution in accordance with the provisions mentioned in Clause 9.9.2 of this
Agreement:

Provided that, pending the full and final resolution of such Dispute, the Default
Escrow Agent shall retain Collections in the Default Escrow Account and shall not
allow transfer of Collections to the extent of the unpaid amount under dispute and
the Minimum Balance, from the Default Escrow Account to the JdVVNL Account or
the Distribution Franchisee Account, as the case may be.

Upon the full and final conclusion of a dispute, either Party may bring the decision of
the adjudicator to the notice of the Default Escrow Agent who shall be bound by
such decision and shall carry out such actions as are specified in the decision.

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ARTICLE 6 REPRESENTATION AND WARRANTIES

6.1 Representations and Warranties of the Distribution Franchisee

The Distribution Franchisee hereby represents and warrants to JdVVNL as of the date
of this Agreement and at all times (to the extent applicable) that:

a. The Distribution Franchisee is a duly constituted entity and is validly existing under
the laws of India and has all requisite legal power and authority to execute this
Agreement and to carry out the terms, conditions and provisions contained in this
Agreement;

b. This Agreement constitutes valid legal and binding obligations of the Distribution
Franchisee, enforceable in accordance with the terms of this Agreement;

c. To the best of the knowledge of the Distribution Franchisee and information available
with it as on date, there is no pending or threatened action, suit or proceeding
before any court, tribunal or judicial or quasi judicial body or Government that could
reasonably be expected to materially and adversely affect the financial condition or
operations of the Distribution Franchisee or the ability of the Distribution Franchisee
to perform its obligations under this Agreement or which purports to affect the
legality, validity or enforceability of this Agreement. It is clarified that representations
under this Clause 6.1(c) shall be effective only as on the date of execution of this
Agreement and the Effective Date;

d. The execution, delivery and performance of this Agreement by the Distribution


Franchisee have been duly authorised by all requisite actions and will not constitute a
violation of:

i. any statute, judgment, order, decree or regulation of any court, Indian


Government Instrumentality or arbitral tribunal applicable or relating to the
Distribution Franchisee, its material portion of its assets or its business; or

ii. the Distribution Franchisees constitution or other similar documents or any


indenture, contract or agreement to which it is Party or by which it or its property
may be bound;

e. No hypothecation, lien, charge, security interest or other encumbrance shall exist


over or shall be created over the Collections after the Charge Creation Date, other
than as permitted under the Agreement to Hypothecate cum Deed of Hypothecation
and/or under this agreement;

f. The information relating to the Distribution Franchisees Financing Parties and


Distribution Franchisees Banks given in this Agreement shall be complete and

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accurate in all material respects and all such accounts are held and made in good
faith.

6.2 Representations and Warranties of the Default Escrow Agent

The Default Escrow Agent hereby represents and warrants to the Distribution
Franchisee and JdVVNL as of the Effective Date and at all times that:

a. company incorporated under the Companies Act, 1956 and a banking company
within the meaning of the Banking Regulation Act, 1949, having its registered office
at .., and a branch office at , and has all requisite legal power, authority
and resources to enter into this Default Escrow Agreement and to perform its duties
and obligations hereunder;

b. This Agreement constitutes the valid legal and binding obligations of the Default
Escrow Agent enforceable in accordance with the terms of this Agreement;

c. To the best of its knowledge and information available with it as on date, There are
no actions, suits or proceedings pending or threatened, against or affecting the
Default Escrow Agent before any court or administrative body or arbitral tribunal that
could reasonably be expected to affect adversely and materially the ability of the
Default Escrow Agent to perform its duties and obligations under this Agreement;

d. The execution delivery and performance of this Agreement has been duly authorised
by all requisite action, and will not constitute a violation of:

i. Any statute, judgment, order, decree or regulation of any court, Indian


Government Instrumentality or arbitral tribunal applicable or relating to the
Default Escrow Agent, its assets or its business; or

ii. The Default Escrow Agents constitution or other documents or any indenture,
contract or agreement to which it is a party or by which it or its property may
be bound; and

iii. The Default Escrow Agent shall be responsible for maintaining a correct and
complete record of all transactions, deposits, withdrawals or transfer of funds
relating to the Default Escrow Account.

6.3 Representations and Warranties of JdVVNL

JdVVNL hereby represents and warrants to the Default Escrow Agent and the
Distribution Franchisee that:

a. It has been duly constituted under the Indian Companies Act, 1956 as amended and
is validly existing under the laws of India and has all requisite legal power, authority

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and resources to enter into this Agreement and to perform its duties and obligations
hereunder;

b. To the best of the knowledge of JdVVNL and information available with it as on date,
there is no pending or threatened action, suit or proceeding before any court,
tribunal or judicial or quasi judicial body or Government that could reasonably be
expected to materially and adversely affect the financial condition or operations of
JdVVNL or the ability of JdVVNL to perform its obligations under this Agreement or
which purports to affect the legality, validity or enforceability of this Agreement. It is
clarified that representations under this Clause 6.3(c) shall be effective only as on
the date of execution of this Agreement and the Effective Date;

c. This Agreement constitutes the valid, legal and binding obligations of JdVVNL,
enforceable in accordance with the terms of this Agreement; and

d. The execution, delivery and performance of this Agreement by JdVVNL has been duly
authorised by all requisite action, and will not constitute a violation of:

i. Any statute, judgment, order, decree or regulation of any court, Indian


Government Instrumentality or arbitration tribunal applicable or relating to
the Distribution Franchisee, its assets or its business; or

ii. JdVVNLs constitution or other documents or any indenture, contract or


agreement to which it is Party or by which it is Party or by which it or its
property may be bound.

ARTICLE 7 COVENANTS

7.1 Distribution Franchisee Covenants

The Distribution Franchisee covenants that:

a. It shall not after the Charge Creation Date grant or create a first priority security
interest, hypothecation, charge, lien, security interest or other encumbrance over the
Collections, throughout the term of this Agreement other than the security created
hereunder and the security interest created under the Agreement to Hypothecate
cum Deed of Hypothecation in favour of JdVVNL except in compliance with the
provisions of this Agreement or Agreement to Hypothecate cum Deed of
Hypothecation;

b. It shall obtain in a timely manner and maintain in full force and effect (or where
appropriate, renew) all authorisations that are necessary and that are required to be
in the name of the Distribution Franchisee, in connection with:

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i. The execution, delivery, performance and observance by the Distribution


Franchisee of this Agreement; and

ii. The validity, binding effect and enforceability of this Agreement;

c. It shall effect all registrations, recordings, filings, and notarisations, which are or may
become necessary to enable the performance by the Distribution Franchisee of its
obligations under this Agreement;

d. It shall execute such further documents, instruments and register or record the same
and take any other action necessary to give effect to this Agreement; and

e. It shall inform JdVVNL of any receipt of notice, claim and legal proceedings instituted
against it which might affect the payment obligations as set out in the Agreement.

ARTICLE 8 EVENTS OF DEFAULT

8.1 Events of Default

For the purposes of this Agreement, the term Event of Default shall mean any
one of the Distribution Franchisee Event of Defaults set out under Clause 17.1 of
the DFA. For convenience, Clause 17.1 of the DFA has been set out in Schedule 1 to
this Agreement.

ARTICLE 9 MISCELLANEOUS

9.1 Expenses

Except in cases specified in clauses 9.8.2 and 9.15 of this Agreement, the
Distribution Franchisee shall bear all the expenses of the Default Escrow Agent
regarding opening and maintaining the Default Escrow Account and the expenses
(including reasonable expenses for legal services of every kind) relating to the
execution and enforcement of this Agreement including, without limitation, any
stamp tax or duty, required to be paid under this Agreement and with respect to any
variation, waiver or modification or any consent required in connection with this
Agreement.

9.2 Variation, Waivers and Modifications

No variation, waiver or modification of the terms of this Agreement shall be valid


unless reduced in an agreement in writing signed by the Parties hereto.

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9.3 Notices

9.3.1 Any notice, direction, instruction, certificate and any other communication required
or permitted to be given hereunder shall be in writing and shall be:

(a) Personally delivered; or

(b) Transmitted by postage prepaid registered mail; or

(c) Delivered through courier.

(d) Sent through e-mail

as elected by the Party giving such notice, direction, instruction, certificate or other
communication to the addressee as set-forth below.

9.3.2 Except as otherwise specified herein, the date of any notice, direction, instruction,
certificate or other communication hereunder shall be deemed to be:

(a) The date of receipt if delivered personally or through courier;

(b) In case of e-mail, if sent successfully.

9.3.3 Except as otherwise expressly provided herein, all notices, directions, instructions,
certificates or other communications hereunder and all documents or instruments
delivered in connection with this transaction shall be in the English language.

9.3.4 Notices shall be sent:

In case of the Distribution Franchisee

Address:
Attention:
Email:
Phone:

In case of JdVVNL

Address:
Attention:
Email:
Phone:

In case of the Default Escrow Agent, through its branch at

Address:
Attention:
Email:
Phone:

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9.4 No Third Party Beneficiaries

The escrow arrangement under this Agreement is solely for the benefit of JdVVNL
and the Distribution Franchisee and their respective permitted assigns and
successors.

9.5 No Waiver

The failure of a Party to insist in one or more instances upon the strict performance
of any of the provisions of this Agreement or to take advantage of any of its rights
under this Agreement shall not be construed as a waiver of any such provisions or
relinquishment of any rights hereunder but the same shall continue in full force and
effect.

9.6 Severability

The invalidity or unenforceability, for any reason, of any provision of this Agreement
shall not prejudice or affect the validity or enforceability of the other provisions of
this Agreement.

9.7 Assignments

This Agreement shall be binding upon and inure to the benefit of the Parties hereto
and their respective successors and permitted assigns. No Party shall assign any of
its rights or obligations under this Agreement, to any third party without the prior
written consent of the other Parties to this Agreement. Provided, however, that such
consent shall not be required for any assignment, (and transfer) by the Distribution
Franchisee of any or all of its rights hereunder to or in favour of the Selectee
appointed in accordance with the Clause 17.6.2 of the DFA.

9.8 Term and Termination

9.8.1 Term and Termination or Expiry of the DFA

This Agreement shall be effective from the Effective Date. Subject to the provisions
of Clause 9.8.2 of this Agreement, the Agreement shall be coterminous with the DFA
which, unless terminated earlier, shall be valid for a period of 20 (twenty) years from
the Effective Date, and if at such time, any Secured Obligations remain outstanding
until all of the Secured Obligations towards the Distribution Franchisee under the
DFA have been paid in full. JdVVNL shall notify the Default Escrow Agent of such
Expiry Date occurring or termination together with the Distribution Franchisees
confirmation that all of the Secured Obligations towards the Distribution Franchisee,
under the DFA, have been paid in full, and then the Default Escrow Agent shall
transfer any credit balances thereon to the order of the Distribution Franchisee or to

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such account(s) as the Distribution Franchisee may designate, in order of preference


set out in Clause 5.2.

9.8.2 Termination of Appointment

If, in the reasonable judgment of JdVVNL and Distribution Franchisee, Default


Escrow Agent commits any material breach of the terms of this Agreement, JdVVNL
shall have the right to require the Distribution Franchisee to/Distribution Franchisee
shall have the right to terminate the appointment of the Default Escrow Agent (as
the case may be) after giving to the Distribution Franchisee/JdVVNL (as the case
may be) and the Default Escrow Agent a written notice of 60 (sixty) days or of such
shorter period {not shorter than 30 (thirty) days} as JdVVNL/Distribution Franchisee
may decide. Such termination of the appointment of the Default Escrow Agent shall
not be effective until a successor bank assumes responsibility.

9.8.3 Termination for a Distress Event

Upon the occurrence of a Distress Event, the Distribution Franchisee or JdVVNL shall
serve a written notice of termination on the Default Escrow Agent with copies to
either party and appointment of the Default Escrow Agent shall immediately
terminate on receipt of such notice by the Default Escrow Agent.

9.8.4 Procedure

a. If JdVVNL and/or Distribution Franchisee commit any breach of the terms of this
Default Escrow Agreement, the Default Escrow Agent shall have the right to
terminate its appointment after giving to JdVVNL and Distribution Franchisee a
written notice of 60 (sixty) days. Provided that such termination of appointment shall
be effective only upon appointment of a replacement default escrow agent in
accordance with Clause 9.8.4(b).

b. In the event of: (i) notice of resignation by the Default Escrow Agent as per the
provisions of 9.8.4(a); (ii) a notice of termination of appointment of the Default
Escrow Agent by the JdVVNL/Distribution Franchisee in accordance with Clause 9.8.2
or 9.8.3 above; or (iii) a notice of termination of appointment of the Default Escrow
Agent being issued upon JdVVNL and/or the Distribution Franchisee being of the
opinion that the Default Escrow Agent must be replaced, JdVVNL and the Distribution
Franchisee shall forthwith take steps to appoint a successor bank as Default Escrow
Agent and shall, not later than 30 (thirty) days before the effectiveness of such
resignation or termination, execute and cause such successor bank to execute an
agreement with JdVVNL and the Distribution Franchisee, on terms substantially
similar to those contained in this Default Escrow Agreement. All expenses arising due
to termination of Default Escrow Agents appointment shall be borne by the Party

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requesting such removal/termination. However, if the Default Escrow Agent


terminates its appointment as escrow agent, then Distribution Franchisee shall bear
all expenses arising due to such termination.

c. The Default Escrow Agent shall:

i. Cease therewith accepting any payments or deposits to the Default Escrow


Account;

ii. Transfer all amounts standing to the credit for the Default Escrow Account to
the Default Escrow Account opened with the replacement Default Escrow
Agent;

iii. When all such amounts have been transferred, close the Default Escrow
Account; and

iv. Within thirty (30) days of such closing, provide to JdVVNL and the
Distribution Franchisee a written report which shall fully reconcile all deposits
to, and withdrawals from the Default Escrow Account.

d. In the event of the resignation or termination of the Default Escrow Agent and the
appointment of a successor to the Default Escrow Agent pursuant to this Clause 9.8,
new default Escrow Accounts shall be opened at the main branch of the successor
Default Escrow and the relevant provisions of this Agreement shall be applicable to
such account.

9.9 Governing Law and Jurisdiction and Dispute Resolution

9.9.1 This Agreement shall be governed by and constructed in accordance with the laws
of India.

9.9.2 If any dispute arises between the Parties hereto during the subsistence, in
connection with the validity, interpretation, implementation or alleged breach of any
provision of this Agreement or regarding any question as to whether the termination
of this Agreement by one Party hereto has been legitimate (Dispute), such Dispute
shall be resolved by arbitration under the Indian Arbitration and Conciliation Act,
1996 (as amended).

i. The Arbitration tribunal shall consist of three arbitrators, 1 (one) appointed by


the party raising the Dispute, and 1 (one) jointly by the other 2 (two) Parties,
and the 3rd (third) arbitrator (presiding arbitrator) shall be appointed by the
2 (two) arbitrators so appointed;

ii. The place of arbitration shall be Jaipur, Rajasthan. The language of the
arbitration shall be English;

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iii. The arbitration tribunals award shall be substantiated in writing. The Parties
shall decide on the costs of the arbitration proceedings and the allocation
thereof;

iv. The award shall be final, binding and enforceable in any court having
jurisdiction, subject to the applicable Laws; and

v. The provisions of this Clause shall survive the termination of this Agreement
for any reason whatsoever.

9.10 Entire Agreement

The Agreement, including the Schedules, contains all of the understandings and
agreements of whatsoever kind and nature existing between all the Parties hereto
with respect to the subject matter of this Agreement and the rights, interests,
understandings, agreements and obligations of the Parties relating thereto, and
supersedes all other understandings between the Parties with respect to the subject
matter hereof.

9.11 Confidentiality

The Parties undertake to hold in confidence and not to disclose the terms and
conditions of this Agreement and the transaction contemplated hereby to third
parties, except:

a. To their professional advisors;

b. To their officers, employees, , agents or representatives, who need to have access to


such information for the proper performance of their activities (strictly on a need to
know basis);

c. With the prior written consent of the other Parties.

This Clause 9.11 shall survive for 3 (three) years beyond the termination of this
Agreement.

9.12 Counterparts

This Agreement may be executed by the Parties hereto on separate counterparts,


each of which when so executed and delivered shall be an original, but all of which
shall together constitute one and the same instrument.

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9.13 No Deduction

The Default Escrow Agent agrees that it shall not claim or be entitled to any
encumbrance with respect to the Default Escrow Account or Collections credited
thereto or make any deductions from, or exercise any rights of set-off or counter-
claim, bankers lien or other equities (whether by contract or as a matter of law)
against the monies standing from time to time to the credit of, or transferred from,
the Default Escrow Account. The monies and properties held by the Default Escrow
Agent in the Default Escrow Account shall not be considered as part of the assets of
the Default Escrow Agent and being trust property, shall in the case of bankruptcy or
liquidation of the Default Escrow Agent, be wholly excluded from the assets of the
Default Escrow Agent in such bankruptcy or liquidation.

9.14 FEE FOR SERVICES PROVIDED BY DEFAULT ESCROW AGENT

The Parties hereto hereby acknowledge and agree that pursuant to a fee letter
issued/ to be issued by the Default Escrow Agent, the Distribution Franchisee has
agreed to pay to the Default Escrow Agent fee for services performed by the Default
Escrow Agent under or pursuant to this Default Escrow Agreement (Fee) and to
pay/ reimburse all reasonable out-of-pocket, legal, travelling and other costs,
charges and expenses (Expenses) incurred by the Default Escrow Agent in the
discharge of its duties under this Agreement. Notwithstanding anything to the
contrary contained in this Agreement, the Parties agree that this Clause 9.14 shall be
effective on and from the date of execution of this Agreement by all the Parties
hereto.

9.15 Duties and Liabilities Generally

The Default Escrow Agent undertakes to perform only such duties as are specifically
set forth to be performed by the Default Escrow Agent in this Agreement, in good
faith and using reasonable skill and diligence, but in no event shall the Default
Escrow Agent be liable for damages except to the extent the same have arisen due
to the Default Escrow Agents wilful default, or fraud. In the absence of a specific
provision in this Agreement, the Default Escrow Agent shall exercise reasonable
efforts to not take any action under this Agreement until it has received specific joint
direction from JdVVNL and the Distribution Franchisee and shall incur no liability
thereby (except as stated above). Additionally, JdVVNL and Distribution Franchisee
acknowledge and agree to duly reimburse the Default Escrow Agent for all direct and
actual losses suffered by it arising out of any acts/omissions on the part of the
Default Escrow Agent which have been carried out on the basis of the instructions
received from JdVVNL or Distribution Franchise, evidence for which has been
furnished to and admitted by the relevant Party.

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9.16 The Default Escrow Agent may rely upon any notice or certificate believed by it to be
genuine and correct and to have been signed by, or with the authority of, the proper
person and the Default Escrow Agent shall not be bound/responsible in any such
case to call for further evidence in that regard.

IN WITNESS WHEREOF, the Parties have executed and delivered this Agreement
effective as of the date first above written.

SIGNED AND DELIVERED


BY JODHPUR VIDYUT VITRAN NIGAM LIMITED

BY THE HAND OF ..
(AUTHORISED SIGNATORY)
PURSUANT TO THE APPROVAL VIDE FILE NO. ____________________
IN THE PRESENCE OF:

WITNESS:

SIGNED AND DELIVERED


[Distribution Franchisee]

BY THE HAND OF ..

(AUTHORISED SIGNATORY)
PURSUANT TO THE RESOLUTION PASSED BY THE BOARD ON 8 JUNE 2016
IN THE PRESENCE OF:
WITNESS:

SIGNED AND DELIVERED


[Name of Bank]

BY THE HAND OF
(AUTHORISED SIGNATORY)
IN THE PRESENCE OF:

WITNESS: Mr. _______________________

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Schedule 1

Relevant provisions of Clause 17.1 in the DFA

A. Critical Events of Default

Followings are the Critical Events of Default by of Distribution Franchisee:

1. Failure by Distribution Franchisee to make payments as per Article 8 of this


Agreement;

2. Failure by Distribution Franchisee to maintain Letter of Credit, Escrow Account and


Performance Guarantee as per the Article 12 of this Agreement;

3. Failure by Distribution Franchisee to satisfy the Conditions Precedents as per the


provisions of clause no. 2.1.9;

4. Failure by Distribution Franchisee to satisfy the Conditions Subsequent as per the


provisions of clause no. 2.2.4;

5. Failure by Distribution Franchisee in taking-over the Distribution System as per the


Effective Date as defined in clause no. 1.1 (xiv) of this document;

6. Failure by Distribution Franchisee to abide by any statutory law and regulation as


may be applicable;

7. Engagement by Distribution Franchisee in corrupt practice or / and fraudulent


practice in executing the Agreement;

8. Unlawful repudiation of this Agreement or otherwise expression of an intention not to


be bound by this Agreement by Distribution Franchisee;

9. Any representation or warranty made by the Distribution Franchisee during the term
of the Agreement is found to be false or misleading;

10. Indulgement by Distribution Franchisee in any malpractice or corrupt practice or


fraudulent practice(s);

11. Sale of Input energy by Distribution Franchisee in the Franchisee Area to any party
outside the Franchisee Area;

12. Continuation of a Non-Critical Events of Default for a period of 60 (sixty) days


leading to issuance of a Notice by JdVVNL as per Clause 17.3.1 to the effect that the
Non-Critical Event of Default has now become a Critical Event of Default;

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13. A resolution for winding up has been passed by the majority shareholders of the
Distribution Franchisee;

14. Distribution Franchisee is declared insolvent or bankrupt.

B. Non-Critical Events of Default

Non-critical Event of Default by the Distribution Franchisee shall mean failure or


refusal by Distribution Franchisee to perform its following obligations under the
Agreement:

1. Failure to submit periodic performance report (Billing and Collection report, updation
of Assets Register on quarterly basis, Energy audit report) to JdVVNL after a period
of one year from Effective Date.

2. Reporting inconsistencies in energy/ revenue accounting, if observed during periodic/


unscheduled inspection.

3. Failure to comply with any other material terms and conditions, as applicable under
this Agreement for a consecutive period of thirty (30) days.

4. Persistent non-compliance of Standards of Performance laid down by RERC after the


first Contract Year. The non-compliance of Standards of Performance arising out of
non -availability of adequate power from JdVVNL or due to the reasons not
attributable to the Distribution Franchisee shall not be considered as Event of Default
of the Distribution Franchisee. Persistent would mean noncompliance of any of terms
of Standards of Performance in all similar cases for a continuous period of three
months.

5. Persistent non-compliance of RERC "Electricity Supply Code and Other Conditions of


Supply" as approved and modified from time to time after the first Contract Year.
The non-compliance due to the reasons not attributable to the Distribution
Franchisee shall not be considered as Event of Default of the Distribution Franchisee.
Persistent would mean repeated non-compliance of any of terms of RERC "Electricity
Supply Code and Other Conditions of Supply for a continuous period of three
months.

6. Failure to deposit statutory payments of JdVVNL Deputations employees within the


stipulated period;

7. Failure on account of Distribution Franchisee to comply with all the relevant labour
laws applicable to JdVVNL employees on deputation to the Franchisee Area;

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8. Failure to submit in time the Information Report as per Clause 14.1.1, 14.1.2 and
14.1.3;

9. Failure to maintain minimum service quality as per the standard of performance


issued by RERC.

10. Failure to comply with Prudent Utility Practices as defined in this Agreement, and
non-compliance of reasonable directives issued by Managing Director, JdVVNL in
writing.

11. Failure to comply with General Duties and Responsibilities of the Distribution
Franchisee as defined in clause 5.8 of this document

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AGREEMENT TO HYPOTHECATE

cum

DEED OF HYPOTHECATION

between

JODHPUR VIDYUT VITRAN NIGAM LIMITED

(JdVVNL)

and

[NAME OF DISTRIBUTION FRANCHISEE]

(Distribution Franchisee)

Dated

Distribution Franchisee for Bikaner City Circle

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TABLE OF CONTENTS

ARTICLE 1 DEFINITIONS AND INTERPRETATION ........................................128

1.1 Definitions ........................................................................................................ 128

22 ARTICLE 2 THE SECURITY INTEREST ..................................................129

23 2.1 Covenant to pay .............................................................................129

23.1 The Charge........................................................................................................ 129

23.2 2.3 Release of Charge ....................................................................................... 130

24 ARTICLE 3 REPRESENTATIONS AND WARRANTIES ............................131

24.1 3.1 Representations and Warranties of the Distribution Franchisee ................. 131

24.2 3.2 Representations and Warranties of the JdVVNL .......................................... 132

25 ARTICLE 4 DISTRIBUTION FRANCHISEE UNDERTAKINGS ................132

25.1 4.1 Certain Undertakings .................................................................................. 132

25.2 4.2 Further Actions ........................................................................................... 133

26 ARTICLE 5 MISCELLANEOUS PROVISIONS .........................................133

26.1 5.1 Continuing Security..................................................................................... 133

26.2 5.2 Waiver and Severability .............................................................................. 134

26.3 5.3 Assignment and Transfer ............................................................................ 134

26.4 5.4 Notices ........................................................................................................ 134

Address: .........................................................................................................135

Address: .........................................................................................................135

26.5 5.5 Governing Law and Dispute Resolution....................................................... 135

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26.6 5.6 Language .................................................................................................... 136

26.7 5.7 Amendments .............................................................................................. 136

26.8 5.8 Counterparts ............................................................................................... 136

26.9 5.9 Terms of this Deed to prevail ...................................................................... 136

26.10 5.10 Confidentiality .......................................................................................... 136

26.11 5.11 Effectiveness ............................................................................................. 137

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This AGREEMENT TO HYPOTHECATE cum DEED OF HYPOTHECATION (Deed) is


made on this .day of .2016 at .., Rajasthan, by and between:

JODHPUR VIDYUT VITRAN NIGAM LIMITED, a company registered under the


Companies Act, 1956, having its registered office at .. (hereinafter referred to as
JdVVNL which expression unless repugnant to the context or meaning thereof shall
include its successors and permitted assigns) of the FIRST PART:

And

[Name of Distribution Franchisee], a special purpose vehicle incorporated by the


Successful Bidder i.e. .. under the provisions of the Companies Act, 2013, and having
its registered office at .. (hereinafter referred to as the Distribution Franchisee
which expression shall, unless repugnant to the context or meaning thereof, include its
successors and permitted assigns and substitutes), of the SECOND PART.

Each of the parties of the First and Second parts are hereinafter, as the context may admit or
require, individually referred to as a Party and collectively as the Parties.

WHEREAS:

A. JdVVNL initiated a competitive bidding process through the Request for Proposal
number .. dated . issued by the .. of JdVVNL, for selection of a
distribution franchisee for the Franchisee Area.

B. [Name of successful bidder] participated in the aforesaid bid process and


submitted to JdVVNL its bid documents dated Thereafter, JdVVNL issued a letter
of intent dated .., appointing [Name of successful bidder] as the distribution
franchisee for the Franchisee Area, and through its acceptance letter dated .,
[Name of successful bidder] unconditionally accepted its appointment as the
distribution franchisee for the Franchisee Area.

C. Subsequently, [Name of successful bidder] incorporated the Distribution


Franchisee as a special purpose vehicle, which along with [Name of successful
bidder] has executed a distribution franchisee agreement with JdVVNL dated
(DFA).

D. Pursuant to the DFA, the Distribution Franchisee, [Name of bank] acting as the
Escrow Bank and JdVVNL have executed a default escrow agreement dated
(Escrow Agreement), that sets out the terms and conditions for the opening and
operation of a default escrow account (Default Escrow Account) and the receipt
and transfer/withdrawal of the Collections to/from the Default Escrow Account.

E. In terms of Clause 12.8 of the DFA, the Distribution Franchisee is required to execute

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this Deed with JdVVNL, agreeing to create a first ranking security interest in favour of
JdVVNL over the Secured Amounts (as defined below), in order to secure the Secured
Obligations (as defined below).

F. In compliance with its obligations under the DFA, the Distribution Franchisee has
agreed to create a first ranking charge on the Collections in favour of JdVVNL by way
of this Deed, and is accordingly executing this deed in favour of JdVVNL.

NOW THEREFORE, in consideration of the foregoing and the respective covenants and
agreements set forth in this Deed and other considerations, the receipt, sufficiency and
adequacy of which is hereby acknowledged, and intending to be legally bound hereby, the
Parties agree as follows:

ARTICLE 1 DEFINITIONS AND INTERPRETATION

1.1 Definitions

1.1.1 Capitalised terms used but not defined in this Deed, shall, in so far as the context
admits, have the same meaning in this Deed as has been ascribed to them in the
DFA or the Default Escrow Agreement.

1.1.2 Additionally, the following terms shall have the meaning hereinafter respectively
assigned to them:

Business Day shall mean any day which is not a bank or a public holiday in
Rajasthan.

Collections means the amounts collected from the consumers of the Distribution
Franchisee within the Distribution Franchisee Area, on account of the
supply/distribution of electricity by the Distribution Franchisee in pursuance of the
rights granted to the Distribution Franchisee by JdVVNL under the DFA;

Deed means this agreement to hypothecate cum deed of hypothecation entered


into between JdVVNL and the Distribution Franchisee and the modifications,
amendments or alterations thereto from time to time;

Event of Default means any one of the Distribution Franchisee Event of Defaults
set out under Clause 17.1 of the DFA;

Default Escrow Agreement means the agreement titled Default Escrow


Agreement dated .. June 2016 entered into between the Parties and the Default
Escrow Agent;

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Distribution Franchisee Agreement or DFA means the agreement titled


Distribution Franchisee Agreement dated .. entered into between the JdVVNL
and the Distribution Franchisee;

JdVVNL Receivables means the amounts that JdVVNL is entitled to receive


pursuant to Clause 5.2.2, Article 8, Article 9, Clause 11.2, Clause 11.4, Article 12,
Clause 13.1, Clause 17.5.1, Clause 17.6.1 and Clause 17.6.2 of the DFA;

Secured Amount means Collections to the extent of an amount equal to 2 (two)


months estimated amounts payable to JdVVNL by the Distribution Franchisee based
on the 2 (two) months average Input Energy at Input Points in the Franchisee Area
during Financial Year 2015-2016 and Input Rate (including 2 (two) months
equivalent estimated amount of Electricity Duty and other similar charges) quoted by
the Distribution Franchisee for first year of the term of the DFA, as enhanced from
time to time in accordance with Clause 12.4 of the DFA. Provided that the Secured
Amount shall not include the Interest Income earned on and paid at the time of
liquidation of fixed deposits made by the Distribution Franchisee in accordance with
the Default Escrow Agreement; and

Secured Obligations means the payment obligations of Distribution Franchisee


under Clause 5.2.2, Article 8, Article 9, Clause 11.2, Clause 11.4, Article 12, Clause
13.1, Clause 17.5.1, Clause 17.6.1 and Clause 17.6.2 of the DFA.

1.1.3 Unless the context otherwise requires, the provisions of Clause 1.2 of the DFA shall
mutatis mutandis apply to this Deed, which provisions are deemed to be
incorporated herein by reference.

ARTICLE 2 THE SECURITY INTEREST

2.1 Covenant to pay

In consideration of JdVVNL having entered into the DFA and agreeing to supply
electricity to the Distribution Franchisee, subject to the terms and conditions set
out in the DFA, the Distribution Franchisee does hereby covenant with JdVVNL that
it shall pay to the JdVVNL all the Secured Obligations as stipulated in the manner
set out in the DFA.

2.2 The Charge

2.2.1 As security for the payment of the Secured Obligations when due in accordance
with the DFA, the Distribution Franchisee as the legal and/ or beneficial owner of
the Secured Amounts does hereby agree to hypothecate on the Effective Date by
way of first ranking charge in favour of JdVVNL. Distribution Franchisee agrees to
hypothecate, to JdVVNL, the Secured Amounts in accordance with the terms of this

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Deed.

It is clarified that the Distribution Franchisee may create charge on its gross
margins. i.e. the Collections minus the Minimum Balance and amount payable to
JdVVNL as per regular invoices raised by JdVVNL.

2.2.1A On the Effective Date, this Deed shall be deemed to constitute as a Deed of
Hypothecation between the Parties in accordance with the terms contained herein.

2.2.1B At any time after an Event of Default occurs and is continuing, JdVVNL shall have
the authority to act upon and enforce the provisions of this Deed in accordance
with the provisions hereof.

2.2.1C Following the occurrence and continuance of an Event of Default, except as may
be required under the DFA, JdVVNL shall not be obliged before taking steps to
enforce the security constituted by or pursuant to this Deed to:

(a) Take action or obtain judgment or any arbitration award against the
Distribution Franchisee in any court or before any arbitrator;

(b) Make or file any claim or proof in a winding up or dissolution of the


Distribution Franchisee; and

(c) Exercise any legal remedies, which may be available to it under or in respect
of the DFA.

Upon occurrence and continuance of an Event of Default, JdVVNL shall be entitled to


direct the Default Escrow Agent to transfer sums to a designated account set out in
the Default Escrow Agreement, to the extent of JdVVNL Receivables actually due
from the Distribution Franchisee, in accordance with the Default Escrow Agreement.
Provided that, the security created over the Secured Amounts hereunder shall not be
enforceable if JdVVNL has invoked the Letter of Credit and/or the Performance
Guarantee in accordance with the DFA and has realized the JdVVNL Receivables
actually due to JdVVNL from the Distribution Franchisee.

2.3 Release of Charge

2.3.1 The first ranking charge created under Clause 2.2.1 shall be immediately released
and vacated on the date on which the DFA has been terminated, in accordance with
the terms thereof, and all the Secured Obligations have been paid in full. JdVVNL
agrees and affirms that it shall execute all such deeds, documents and assurances
and do all such acts and things as the Distribution Franchisee may require for release
of the security created hereunder.

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ARTICLE 3 REPRESENTATIONS AND WARRANTIES

3.1 Representations and Warranties of the Distribution Franchisee

The Distribution Franchisee acknowledges that the JdVVNL has entered into this
Deed in reliance on the representations and warranties made by the Distribution
Franchisee in this Deed. The Distribution Franchisee hereby represents and
warrants to the JdVVNL that:

(a) The Distribution Franchisee is a duly constituted entity validly existing under the
laws of India and has all requisite legal power and authority to enter into this Deed
and to perform its duties and obligations hereunder;

(b) This Deed has been duly executed by a duly authorized officer of the Distribution
Franchisee and constitute the valid, legal and binding obligations of the Distribution
Franchisee enforceable in accordance with the terms thereof respectively;

(c) The charge and security interest created hereunder shall, on and from the Effective
Date, constitute a first ranking security interest in favour of JdVVNL;

(d) To the best of its knowledge and information available with it as on date, there are
no actions, suits or proceedings pending against the Distribution Franchisee before
any court or administrative body or arbitral tribunal that would adversely and
materially affect the financial condition or operations of the Distribution Franchisee
or the ability of the Distribution Franchisee to perform its duties and obligations
under this Deed;

(e) The execution, delivery and performance of this Deed by the Distribution
Franchisee have been duly authorized by all requisite actions, and will not
constitute a violation of:

i. Any statute, judgment, order, decree or regulation of any court, Indian


Government Instrumentality or arbitral tribunal applicable or relating to the
Distribution Franchisee, or material portion of its assets or its business; or

ii. The Distribution Franchisees constitution or other similar documents or any


indenture, contract or agreement to which it is a party or by which it or its
property may be bound;

(f) No charge, security interest or other encumbrance presently exists over the
Secured Amounts.

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(g) All filings and other actions necessary to create, perfect and protect the charge
with respect to the Secured Amount shall be duly made or taken before/after the
Effective Date, within the timeline permitted under applicable law, and as on the
date on which such actions are taken/filings are made such filings and actions shall
be in full force and effect.

3.2 Representations and Warranties of the JdVVNL

JdVVNL hereby represents and warrants to the Distribution Franchisee that:

(a) JdVVNL is a company duly constituted under the Companies Act, 1956, as
amended, and validly existing under the laws of India and has all requisite legal
power and authority to enter into this Deed and to perform its duties and
obligations hereunder;

(b) This Deed has been duly executed by a duly authorized officer of the JdVVNL and
constitute the valid, legal and binding obligations of JdVVNL enforceable in
accordance with the terms hereof; and

(c) The execution, delivery and performance of this Deed by JdVVNL has been duly
authorized by all requisite actions, and will not constitute a violation of:

i. Any statute, judgment, order, decree or regulation of any court, Indian


Government Instrumentality or arbitral tribunal applicable or relating to
JdVVNL, its assets or its business; or

ii. JdVVNLs constitution or other documents or any indenture, contract or


agreement to which it is a Party or by which it or its property may be bound.

ARTICLE 4 DISTRIBUTION FRANCHISEE UNDERTAKINGS

4.1 Certain Undertakings

During the term of this Deed, the Distribution Franchisee shall:

(a) Do all acts and things as may be reasonably required or appropriate to give effect
to the charge created in favour of JdVVNL on and in the Secured Amounts and to
take all steps to maintain such charges and security interest in full force and effect
on and in the Secured Amounts;

(b) Obtain and maintain at its own expense any license, permission, consent or
authorization and pay any taxes or duties, including without limitation, stamp
duties, which may be required in order to create, maintain and preserve the charge
granted under this Deed and to enable JdVVNL to have the full benefit of this
Deed;

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(c) After the occurrence and during the continuance of an Event of Default deliver to
JdVVNL (not later than the seven Business Day of each month) copies of summary
statements of the electricity sold during the immediately preceding month.

4.2 Further Actions

The Distribution Franchisee shall from time to time upon the request of JdVVNL,
promptly and duly execute or procure the execution of all such further documents
and conduct such filings and registration, and take any other action (at the sole
expense of the Distribution Licensee) as JdVVNL may reasonably require in order
that JdVVNL may obtain the full benefit of the charge created by this Deed and of
the rights and powers hereby granted.

ARTICLE 5 MISCELLANEOUS PROVISIONS

5.1 Continuing Security

5.1.1 The Security created by this Deed on and from the Effective Date shall be a
continuing security for the performance and discharge of the Secured Obligations.

5.1.2 The Security so created on and from the Effective Date:

(a) shall not be set aside by any intermediate payment or satisfaction of any part of
the amount hereby secured; and

(b) shall be in addition to and shall not in any way be prejudiced or affected by any
collateral or other security now or hereafter held by JdVVNL for all or any part of
the Secured Obligations.

5.1.3 Neither the charge hereby granted on and from the Effective Date, nor the rights,
powers and remedies conferred on JdVVNL by this Deed or by law shall be
discharged, impaired or otherwise affected by:

(a) any time or other indulgence given or agreed to be given by JdVVNL to the
Distribution Franchisee or any other party providing security for the Secured
Obligations;

(b) any amendment of the Default Escrow Agreement;

(c) any release or exchange of security or obligations granted or undertaken pursuant


to the DFA or the Default Escrow Agreement;

(d) any other act, event or omission which but for this provision would impair or
discharge the Distribution Franchisees liability hereunder; and

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(e) any change in the structure or organization of the Distribution Franchisee as a


result of a Change in Law, insolvency of the Distribution Franchisee or otherwise.

5.2 Waiver and Severability

No failure or delay by JdVVNL in exercising any right, power or remedy under this
Deed shall operate as a waiver thereof, nor shall any single or partial exercise of
the same preclude any further exercise thereof or the exercise of any other right,
power or remedy. If at any time, any provision of this Deed is or becomes illegal,
invalid or unenforceable in any respect under the law of any jurisdiction, the
legality, validity and enforceability of such provision under the law of any other
jurisdiction, and of the remaining provisions of this Deed, shall not be affected or
impaired thereby.

5.3 Assignment and Transfer

5.3.1 This Deed shall ensure to the benefit of JdVVNL and its successors and permitted
assigns and the obligations of the Distribution Franchisee hereunder shall be
binding on its successors and assigns notwithstanding any change in law or change
in the constitution or status of the Distribution Franchisee or of any of its
successors, to the extent stated therein.

5.3.2 The Distribution Franchisee shall not have the right to assign all or any of its rights
or obligations hereunder without the prior approval of JdVVNL.

5.3.3 JdVVNL shall have the right to assign all or any of its rights, title and interest
hereunder and to the Secured Amounts as security only to the Distribution
Franchisees lenders (banks and financial institutions) or the Selectee appointed
under the terms of the DFA. In case of assignment other than those set out above
in Clause 5.3 above, JdVVNL shall inform the Distribution Franchisee forthwith
upon such assignment.

5.4 Notices

5.4.1 Any notice or other information required or authorised by this Deed to be given
shall be given in writing, in English and by:

(a) delivering it by hand (a written acknowledgement in receipt thereof shall be


sufficient evidence that the notice or other information has been duly given); or

(b) sending it by courier or registered post;

(c) sent through e-mail

to the relevant Parties at the addresses referred to in Clause 5.4.2.

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5.4.2 The address and other details of the Parties for the purpose of communication,
unless otherwise notified in writing to the other Parties shall be:

In case of the Distribution Franchisee

Address:

Attention:

e-mail:

Phone:

JdVVNL

Address:

Attention:

e-mail:

Phone:

5.5 Governing Law and Dispute Resolution

5.5.1 Governing Law

This Deed shall be governed by and constructed in accordance with the laws of
India.

5.5.2 Dispute Resolution

If any dispute arises between the Parties hereto during the subsistence, in
connection with the validity, interpretation, implementation or alleged breach of
any provision of this Deed or regarding any question as to whether the termination
of this Deed by one Party hereto has been legitimate (Dispute), such Dispute
shall be resolved by arbitration under the Indian Arbitration and Conciliation Act,
1996, in accordance with the process specified in this Clause 5.5. In the event of
such Dispute remaining unresolved as referred to in this Clause 5.5.2, any party to
such Dispute may refer the matter to arbitration as follows.

i. The arbitration tribunal shall consist of 3 (three) arbitrators, 1 (one) arbitrator


appointed by each of JdVVNL and Distribution Franchisee and the 3rd (third)
arbitrator (presiding arbitrator) appointed by the 2 (two) arbitrators so appointed;

ii. The place of arbitration shall be Jodhpur, Rajasthan, India. The language of the
arbitration shall be English;

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iii. The arbitration tribunals award shall be substantiated in writing. The Parties shall
decide on the costs of the arbitration proceedings and the allocation thereof;

iv. The award shall be final, binding and enforceable in any court having jurisdiction,
subject to the applicable Laws; and

v. The provisions of this Clause shall survive the termination of this Deed for any
reason whatsoever.

5.6 Language

This Deed is written in the English language. The English language text of this
Deed shall prevail over any translation.

5.7 Amendments

Any modification, amendment, or waiver of any provision of this Deed shall be


effective if in writing and signed in person or by an authorised representative of
the Parties.

5.8 Counterparts

This Deed may be executed in two or more counterparts, but all of such
counterparts shall together constitute one and the same instrument.

5.9 Terms of this Deed to prevail

The Parties hereto agree that if any provisions of this Deed shall conflict with any
provision of the DFA, then the provisions of this Deed shall prevail, which
supersedes all other understandings between the Parties with respect to the
subject matter hereof.

5.10 Confidentiality

The Parties undertake to hold in confidence and not to disclose the terms and
conditions of this Deed and the transaction contemplated hereby to third parties,
except:

(a) to their professional advisors;

(b) to their officers, employees, agents or representatives, who need to have access to
such information for the proper performance of their activities (strictly on a need to
know basis);

(c) with the prior written consent of the other Parties.

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5.11 Effectiveness

This Deed shall become effective on the date of signing of this Deed by the
Parties. However the security created hereunder shall be effective on and from the
Effective Date.

IN WITNESS WHEREOF the Parties hereto have executed this Agreement through their
authorised representatives on the day, month and year first above mentioned

SIGNED AND DELIVERED

BY JODHPUR VIDUT VITRAN NIGAM LIMITED

BY THE HAND OF

(AUTHORISED SIGNATORY)

PURSUANT TO THE APPROVAL VIDE FILE NO. _________________


IN THE PRESENCE OF:

WITNESS: Mr. _____________________

SIGNED AND DELIVERED

BY [Name of Distribution Franchisee]

BY THE HAND OF ..

(AUTHORISED SIGNATORY)

PURSUANT TO THE RESOLUTION PASSED BY THE BOARD ON .

IN THE PRESENCE OF:

WITNESS: _________________

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Annexure 12: Detailed Report on Audited Average Billing Rate

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29th September 2016


Konergy/JDVVNL/Final Report/ 26243/A77

The CAO (B&R),


Jodhpur Vidyut Vitran Nigam Limited,
New Power House Road,
Jodhpur 342003

Cc: SE O&M (Bikaner City Circle), SE (Commercial), SE (TW)

Work Order Ref: JdVVNL/SE (RA&C)/Franchise/WO/JU/XEN-PPP/D.794

Sir,

Submission of Final Report pertinent to Work order for Independent Review of Energy
Audit Methodology for selected distribution franchisee Bikaner City Circle for the
FY2015-16.

This is in reference with the captioned work order extended through the office of SE (RA&C). Please
find enclosed herewith Final Report on the basis of baseline data sought from the respective
departments and field due diligence by the project working group.

We would like to extend our gratitude to the management of Jodhpur Discom, Office of SE (RA&C),
office of SE Bikaner City Circle and other stakeholders of the project for their proactive support over
accomplishing the project.

The findings and analysis of this Final Report are based on reliability and accuracy of stated baseline
information for the Financial Year of 2015-16 and field data gathered through personal interaction and
studies of individual functions and processes adhered in the designated circle. We would like you to
kindly review the report in detail and share your observations in case any part of the baseline or our
analysis are found insufficient since it would further impact the conclusion and analysis stated in the
report.

The report encompasses the following aspects of study for the base year of 2015-16, as per scope
assigned in the work order:
a) Distribution Losses
b) Computation of Average Billing Rate (ABR).
c) Collection efficiency (category wise)
d) Outstanding dues at the end of March, 2015 and March,2016 (category wise)

It is imperative to mention here that the report has been also compiled through suitable assumptions
and appropriate sample size for computation of deviation factors and reassessment of energy input and
energy sales. The working group of the project has taken all possible measures to illustrate conclusion
on best effort basis.

Assuring best of our services,

Sincerely,

Arvind Kumar,
Director, Konergy Innovations Private Limited

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2016 All rights reserved. Konergy Innovations Private Limited
Independent Review of Energy Audit Methodology for Distribution

KNERGY Franchisee town Bikaner City Circle for FY 2015-16

KNERGY

Jodhpur Vidyut Vitran Nigam Limited


Independent review of energy audit methodology for selected
Distribution Franchisee area of Bikaner City Circle for the FY 2015-16

Konergy Innovations Pvt. Ltd.


Philadelphia London Mumbai Jaipur
ii
2016 All rights reserved. Konergy Innovations Private Limited
Independent Review of Energy Audit Methodology for Distribution

KNERGY Franchisee town Bikaner City Circle for FY 2015-16

Table of Contents

Acronyms ........................................................................................................................ v
Safe-harbour ............................................................................................................................................... vi
1. Executive summary ............................................................................................... 2
2. Project Snapshot ................................................................................................... 4
2.1 Bikaner City Circle ................................................................................................ 4
2.2 Bikaner Master Plan 2001 2023............................................................................ 5
2.3 Project ................................................................................................................. 5
2.4 Objective.............................................................................................................. 6
2.5 Arrangement of the Report ..................................................................................... 6
2.6 Working group team ............................................................................................. 7
3. Building Blocks of the study .................................................................................... 9
3.1 Primary data through Field surveys ........................................................................ 9
3.2 Secondary data through Baseline collation ............................................................... 9
3.3 Profiling and segmenting ....................................................................................... 9
3.4 Data Validation .................................................................................................. 10
3.5 Building blocks of the report ................................................................................. 10
3.6 Independent assessment of input energy to sales ...................................................... 10
3.7 Energy Input studies ............................................................................................ 11
3.8 Commercial process studies .................................................................................. 13
3.9 Commercial process analysis ................................................................................ 13
3.10 Transmission and Distribution Loss Assessment Approach .........................................15
3.11 Computation of Average Billing Rate (ABR) .............................................................15
3.12 Collection Efficiency & Outstanding ........................................................................15
3.13 Assumptions ....................................................................................................... 16
4. Bikaner City Circle .............................................................................................. 18
4.1 Snapshot of the Bikaner City Circle ........................................................................ 18
4.2 Strategic investments by Jodhpur Discom in Bikaner City Circle ................................ 18
4.3 Network Map of Bikaner City Circle ....................................................................... 19
4.4 Organisation structure of Bikaner City Circle .......................................................... 20
5. Network configuration of Bikaner City Circle .......................................................... 22
5.1 220/132/33/11kV Injection points for Bikaner City Circle .......................................... 22

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2016 All rights reserved. Konergy Innovations Private Limited
Independent Review of Energy Audit Methodology for Distribution

KNERGY Franchisee town Bikaner City Circle for FY 2015-16

5.2 33/11kV GSS Metering health assess as on 15th Sep. 2016 ........................................... 23
5.4 Export / Import Feeders ....................................................................................... 33
5.5 Wind power / Open Access Energy ........................................................................ 33
6. Commercial studies ............................................................................................. 35
6.1 Revenue Administration ....................................................................................... 35
6.2 Energy Sales as on FY 2015-16 (Baseline) ............................................................... 36
7. Baseline studies .................................................................................................. 43
7.1 Field Survey ....................................................................................................... 43
7.2 Secondary Data Baseline Information ................................................................. 44
7.2.1 Representative map of Bikaner City Circle .............................................................. 44
7.3 Baseline synopsis from the office of A.O. (Bikaner City Circle): ................................... 44
7.4 Baseline verification approach .............................................................................. 45
7.5 Approach for Independent assessment of Energy input ............................................. 45
7.6 Energy Drawl verification:................................................................................... 48
7.7 Variation in 33kV incoming readings ..................................................................... 49
7.8 Energy Export .................................................................................................... 50
7.9 Energy Import .................................................................................................... 50
7.10 Open Access energy ..............................................................................................51
7.11 Wind power credit ...............................................................................................51
7.12 Auxiliary Consumption, Injection Substation wise: ...................................................51
7.13 Sample feeder wise Energy Injection point survey .....................................................51
7.14 Summary of Energy input derivation Million Units: .............................................. 54
7.15 Corrected Input Energy ....................................................................................... 56
7.16 Verification of Energy sales .................................................................................. 56
7.17 Correction of Component wise energy sales w.r.t. MS14 Energy sales ......................... 59
7.18 Correction of Agriculture units .............................................................................. 60
7.19 Correction of Component wise energy sales ............................................................. 61
7.20 Average Billing ................................................................................................... 62
7.21 High Tension (HT) and Low Tension (LT) Losses in Bikaner City Circle: ...................... 63
8. Computation & Analysis ................................................................................. 65
8.1 Snapshot of the Key deliverables: .......................................................................... 66
8.2 Assessment of Distribution Losses .......................................................................... 67
8.3 Transmission & Distribution Losses of the circle as on FY 2015-16 .............................. 67
8.4 Subdivision wise T&D Losses as on FY 2015-16 ........................................................ 68
8.5 Month wise Distribution Loss as on FY 2015-16........................................................ 68
8.6 Computation of Average Billing Rate (ABR) ............................................................ 69
8.6.1 Total Revenue Billed Category wise and component wise: ......................................... 69
8.6.2 Category wise & component wise ABR with tariff subsidy: ........................................ 70
8.6.3 Category wise & component wise ABR without tariff subsidy: ..................................... 71
8.6.4 Month wise ABR: ................................................................................................ 72
8.6.5 Subdivision wise ABR: ......................................................................................... 73
8.7 Collection efficiency (Category wise): ..................................................................... 74
8.8 Category and component wise Revenue Collected .................................................... 75
8.9 Outstanding dues at the end of March, 2015 and March, 2016: ................................... 76
8.10 Billing Component study of ABR ............................................................................ 77

Annexures ........................................................................................................................ 79

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2016 All rights reserved. Konergy Innovations Private Limited
Independent Review of Energy Audit Methodology for Distribution

KNERGY Franchisee town Bikaner City Circle for FY 2015-16

Acronyms

BCC Bikaner City Circle


FY Financial Year
ABR Average Billing Rate
T&D Transmission and Distribution
CMRI Common Meter Reading Instrument based Meter Reading
JVVNL Jodhpur Vidyut Vitran Nigam Limited / Jodhpur Discom
RERC Rajasthan Electricity Regulatory Commission
RVPN Rajasthan Rajya Vidyut Prasaran Nigam Limited / Transmission company
Discom Distribution Company
CAO Chief Accounts Officer
SE Superintending Engineer
XEN Executive Engineer
MS 14 Manual Billing Sheet - Input Advices Format for HT, Temp. and Vigilance
CB Manual Billing Sundry Input Advices
CC&AR Consumer Charges and Allowances Register
PCCB Perforated Cash Book
BD Board Dues / Nigam Dues
ED Electricity Duty
WCC Water Conservation Cess
UC Urban Cess
KW Kilowatt
KV Kilovolt
Kwh Kilowatt-hour
M&P Metering & Protection
TW Turnkey Works
MIS Management Information System
MUs Million Units
O&M Operation & Maintenance
RERC Rajasthan Electricity Regulatory Commission
SE Superintending Engineer
TCOS Terms and Conditions of Supply
VCR Vigilance Commissions Report
SLD Single Line Diagram
Grid S/s Grid Substation
EHV S/s Extra High Voltage Substation / Injection Substation

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2016 All rights reserved. Konergy Innovations Private Limited
Independent Review of Energy Audit Methodology for Distribution

KNERGY Franchisee town Bikaner City Circle for FY 2015-16

Safe-harbour

The object of the report is to conduct and compile Independent review of the energy audit methodology
for selected franchisee area of Bikaner City Circle for the FY 2015-16 with respect to Work order
reference no. JdVVNL/SE (RA&C)/Franchise/WO/JU/XEN-PPP/D.794, through the office of SE
(RA&C), Jodhpur Discom, Rajasthan.
The report has been compiled on the basis of information provided by the pertinent authorities of
Jodhpur Discom for the FY 2015-16. The detailed study is founded on the correctness and precision of
baseline information provided through the respective authorities of Jodhpur Discom. The Working
Group comprising of technical and commercial subject experts from Konergy and Jodhpur Discom
have taken every possible measure while compiling the information, to ensure authenticity and
reliability of the information illustrated in the report.
The management of Konergy would be proactive to respond over any areas of concern observed in this
report.

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2016 All rights reserved. Konergy Innovations Private Limited
Independent Review of Energy Audit Methodology for Distribution

KNERGY Franchisee town Bikaner City Circle for FY 2015-16

1. Executive Summary

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2016 All rights reserved. Konergy Innovations Private Limited
Independent Review of Energy Audit Methodology for Distribution

KNERGY Franchisee town Bikaner City Circle for FY 2015-16

1. Executive summary

In an endeavour to improve operational efficiency of the distribution system and provide quality
services to its consumers, Jodhpur Discom seeks to bring in management expertise through Public-
Private Partnership in distribution of electricity through appointing Input and Investment Based
Distribution Franchisee for Bikaner City Circle adhering to open and transparent competitive bidding
process.

Study with respect to Independent Review of Energy Audit Methodology for Selected Distribution
Franchisee of Bikaner City Circle for FY2015-16, has been conducted to compile, compute, evaluate and
analyse the critical parameters with respect to system efficiencies within the designated area comprising
two (2) Divisions and eight (8) Sub-Divisions of Bikaner City Circle.

Independent assessment of the Input energy


The object of this study is to assess the input energy of the designated area for the base financial year
2015-16. The baseline data of Energy Drawl was furnished by the authorities and subsequently were
vetted at the respective Injection Substation and Grid Substation to ensure all incoming feeders are
comprehensively and accurately calculated and energy exports and imports are further adjusted from
the injected energy in order to have an accurate assessment of the input energy of Bikaner City Circle.
Accuracy class of meters, Log books /CMRI readings and Load patterns maintained at respective
Injection Substations as well as crossover feeders were taken into account for verification of the baseline
data facilitated by the respective authorities.

Independent assessment of the Energy sales


The object of this study is to assess accurate energy sales within the designated area of Bikaner City
Circle for the base financial year 2015-16. The energy sales records were examined through MIS3.1 and
MIS3.2 (Circle and subdivision wise energy sales MIS) as well as component wise energy sales were
studied along with Binder billing units (Billing process cycle), Sundry units referred as CB Manual
Input Advice Formats applicable for billing adjustments and MS14 Manual Billing for HT, Vigilance and
Temporary consumers exclusively. The baseline data was analysed along with verification of the
physical formats of manual billings maintained at each subdivision and cross verification of these sales
strictly pertinent to base year of study through CC&A Register, PCB and Consumer Ledgers maintained
at respective subdivisions. Anomalies were observed in the study of Energy sales recorded and
subsequent adjustments in Energy sales were assessed with respect to deviations in accounting of unit
sales and revenue as per stipulations by RERC and Jodhpur Discom billing circulars.

Computation of Sub transmission and Distribution Losses (T&D Losses)


Sub-transmission and Distribution losses (T&D Losses) have been computed through above
Independent assessments conducted by the working group and reviewed by the respective authority
w.r.t. Energy input and Energy sales. The correction of such baselines have been illustrated along with
subdivision wise and month wise computation of the audited T&D Losses of Bikaner City Circle for the
base financial year of 2015-16.

Computation of ABR
The ABR has been computed using the standard methodology of Assessment (with and without subsidy)
divided by Board Dues Component of gross assessment of energy sales. The correction in revenue billed
broadly consists of two parts (a) revenue billed and energy sales corresponding to billing records for
metered & unmetered consumer categories and (b) adjustments in revenue billed & energy sales as per
the manual Input Advice Formats.

Computation of Collection Efficiency and Arrears


Category wise Collection efficiency has been evaluated through computing Board Dues vis--vis
Revenue realised and further outstanding as on FY 2015-16 have been computed as per unrealised
amount for the respective category.

To sum up, reasonable efforts have been made by the Konergy to ensure that the information illustrated
in the report has been obtained through reliable sources and in furtherance, the baseline information
has been evaluated through several parameters of quality in order to ensure a diligent and competent
study.

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2016 All rights reserved. Konergy Innovations Private Limited
Independent Review of Energy Audit Methodology for Distribution

KNERGY Franchisee town Bikaner City Circle for FY 2015-16

2. Project snapshot

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2016 All rights reserved. Konergy Innovations Private Limited
Independent Review of Energy Audit Methodology for Distribution

KNERGY Franchisee town Bikaner City Circle for FY 2015-16

2. Project Snapshot

2.1 Bikaner City Circle


Bikaner city is situated in the northwest of the state of Rajasthan. It is located 330 kilometres (205
miles) northwest of the state capital, Jaipur. Bikaner city is the administrative headquarters of
Bikaner District and Bikaner division. Formerly the capital of the princely state of Bikaner, the city
was founded by Rao Bika ji in the year 1486 and from its small origins it has developed into the fourth
largest city in Rajasthan. The Ganges Canal completed in 1928 and the Indira Gandhi Canal
completed in 1987 facilitated its development. Bikaner is served by two railway stations namely
Bikaner Junction and Lalgarh Railway Station.
The city is situated in the middle of the Thar Desert with comparatively less rainfall and extreme
temperatures. In summer, temperatures ranges between 28C to 50C and during the winter it dips
to the range of 5C to 23.2 C. Annual Rainfall is in the range of 260440 millimetres (1017 in).
Bikaner has Asias one of the biggest camel research farm (NRCC) and is famous for Bikaneri Bhujia,
wool production, sweets etc. It is also known for its handicrafts, leather articles and architecture. The
city is also known for its intricately carved Jharokas. These red sandstone jalis (screens) are found on
the windows of the Junagarh fort, temples and havelis (mansions of Northern India).
City of Bikaner had witnessed all round development during the reign of Maharaja Ganga Singh ji in
1488, where the city had access to the first rail network between Bikaner and Delhi, several historical
monuments, the Ganges cannel as well Rajasthans first thermal power plant set up at Roshni Ghar,
which is currently the old power house building of Bikaner.

Bikaner City Circle

District Bikaner
State Rajasthan
Area 270 km2
Neighbouring district to Ganganagar, Hanumangarh, Churu, Nagaur, Jodhpur,Jaisalmer,
Bikaner district Punjab Province of Pakistan
Population 644,406, 2011 Census

Gypsum, Clay, Bentonite, Masonry stone, Bajri Stone, Lime Stone,


Minerals
Lignite, Lime Stone burning, Salenite

D1 - Mohtasarai, Chetnanand
D2 - Rani Bazaar I and II, Pawanpuri, PBM Hospital
D3 Jailwell
D4 Satelite Area, Songiri
Subdivisions of Bikaner
City Circle as per SE D5 - Dairy, Bichwal, FCI, Ratan Bihari Park, M.N Hospital, Karni
(O&M), Bikaner City Nagar, Khara, 131 No. Kothi, Filter Plant
Circle
D6 - Karni Nagar I.A.M.P Nagar, 132 KV Pugal Road, Gaushala,
Murlidhar
D7 - Shiv Bari, Tilak Nagar, Udasar, Sagar, Himmtasar
D8 - Sujandesar, Bhinasar, Udairamsar, Vyapaar Nagar

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2.2 Bikaner Master Plan 2001 2023

The city of Bikaner ranks fourth in the list of most essential towns of Rajasthan, encompassing
industrial, commercial, educational, military and administrative significance. The city has strong
potential for ensuring all-round growth.
The Town Planning Department of Rajasthan as well as the Urban Improvement Trust have
cohesively set forth a master development plan 2023 for the city of Bikaner (the city landscape map
has been illustrated above). The master plan consists of town planning representing general lay out
of road network, existing land usage pattern and proposed land usage.

2.3 Project
In an endeavour to improve operational efficiency of the distribution system and quality of service
to its consumers, Jodhpur Discom seeks to bring in management expertise through Public-
Private Partnership in distribution of electricity through appointing Input and Investment Based
Distribution Franchisee for Bikaner City Circle adhering to open and transparent competitive
bidding process.
In the above context, the management of Jodhpur Discom has appointed a third party consultant
for compiling the Independent Review of Energy Audit Methodology for selected distribution
Franchisee of Bikaner City Circle for the FY 2015-16.

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2.4 Objective
The object of the study is to independently review the following scope on the basis of the baseline
data sought from the respective authority:

A. Distribution Losses
a. Independent assessment of input energy on the basis of data provided by the
Utility,
b. Review of reports & computation of variation, if any, for the billed energy for
FY 2015-16 on the basis of the data provided by the Utility and
c. Computation of Distribution losses on the basis of above.

B. Computation of Average Billing Rate (ABR)


a. Total revenue billed category wise & component wise,
b. Category wise & component wise ABR with tariff subsidy and
c. Category wise & component wise ABR without tariff subsidy.

C. Collection efficiency (category wise)

D. Outstanding at the end of March, 2015 and March,2016 (category wise)

2.5 Arrangement of the Report


The Report includes, inter alia all essential details collected, analysed, estimated and compiled
with respect to the scope of work:

Project Details
The section covers background of the study, structure of the report and snapshot of Bikaner
City and its salient features.

Building blocks of the report (Assumptions and Approach)


The Building block section elaborates the approach adhered for collating the necessary
baseline; primary data through department level interactions, network walk down survey and
field surveys; methodology adhered by the working group for verification of the baseline data.

Network and Commercial study of Bikaner City Circle


The section encompasses detailed study of the Network configurations, Billing and
Commercial processes and extensive evaluation of the respective baselines and verification of
the same with the respective authorities.

Evaluation of the baseline data and Verification studies


The evaluation section focuses in detail with segmenting, profiling and validating the given
baseline data.

Computation of Key Deliverables


The computation and analysis section illustrates the key deliverables of the study through
detail baseline evaluations.

Annexures of additional data (if any)


The section covers additional information with respect to commercial regulation
compendiums, Subdivision wise baseline, Final Report signoffs, network configurations and
copy of baseline information furnished by the utility.

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KNERGY Franchisee town Bikaner City Circle for FY 2015-16

2.6 Working group team


The project has been conferred by the management of Jodhpur Discom to M/s Konergy
Innovations Private Limited. Konergy has multinational experience in the space of Energy
consulting, smart & Sustainable Cities, Energy audit and Strategy consulting for large infra and
automation projects.

Team Konergy operates a focussed power vertical for utility transformation studies and advisory,
Sustainable models on induction of Public Private Partnership and Strategic outsourcing
services. The engaged team of techno commercial experts on the project have extensive
experience in the field of Energy Audits and utility advisory services.

The working group of Energy Audit practice have been engaged dedicatedly for this project in
partnership with the assigned team of Jodhpur Discom under the supervision of SE
(Commercial), SE (IT), SE (O&M) Bikaner City Circle, SE (M&P) and CAO (B&R). The study has
been conducted in association with functional heads for availing baseline and reviewing the
findings of the study with the XEN (Commercial), XEN (TW SCADA RAPDRP), XEN (IT), TA to
SE (Bikaner City Circle), Feeder Manager (Bikaner City Circle), Sr. AO (B&R), and AO (Bikaner
City Circle), and sub-division heads of Bikaner City Circle, with an objective of compiling a
comprehensive and diligent study.

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3. Building Blocks

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3. Building Blocks of the study

3.1 Primary data through Field surveys


The field survey had been conducted for >25% of the designated area as representative data for
compiling a comprehensive and diligent assessment. Well defined questionnaire was drafted to
get closer understanding of the present health of the system and the flow of technical and
commercial administrative structures. A detail route plan of the distribution network had been
swotted by way of segmenting data and conducting necessary walk down survey along the 33kV
incoming feeder and corresponding 11kV feeders to get an accurate and holistic assessment of the
distribution network.
The baseline information facilitated by the authority has been mostly relied for all studies and
analysis as first-hand data and assessment of the baselines have been conducted on the basis of
available field samples, which have been elaborated in the report.

3.2 Secondary data through Baseline collation


The study rests over the following information facilitated by the respective authorities of Jodhpur
Discom. The data has been analysed and cross verified through field surveys, analysis of available
records and subsequently authenticating the observations with the authority.
1. Energy Drawl for FY2015-16 Energy drawl data from March 2015 to February 2016 has
been sought from the office of SE (M&P) and has been further verified by conducting a due-
diligence of the log book readings available at the respective Injection Substations of Bikaner
City Circle. The readings at 132/33kV Transformer, 33kV Incomer and 33kV Outgoing
database have been vetted and any abnormal variances have been examined with RVPN
authorities to avail dependable energy drawl or Input energy for Bikaner City Circle.
2. Network configuration Specification, Accuracy class and operating health of the feeder
meters have been sought form the Discom within the designated area. The database has been
sought from the office of SE (M&P) and SE (O&M) Bikaner City Circle and sample data have
been verified in the field. An exhaustive verification of all feeder meters could not have been
conducted due to short tenure of the project.
3. Substation SLDs - SLDs and PLDs of Input points and 33/11kV Substations have been
studied with respect to the designated area as well as understanding of the network
configuration and topology from the respective Feeder Managers, O&M officials, HTM heads
and other relevant authorities have been sought to ensure all aspects of the network have
been accounted in the report. The baseline signoff letter issued from the office of SE (O&M)
Bikaner City Circle has been predominantly relied.
4. Commercial Data Billing details had been collected from the office of AO (BCC) w.r.t.
the consolidated month wise and Subdivision wise MIS 3.1 and 3.2, CB Sundry input Advice
formats and MS14 manual billings. Subdivision wise interaction with respective AROs over
analysing Average read consumers, all Manual billing formats, review realisation through
CC&AR / PCB for verification of such manual billings and clear segregation between Arrears
and base year billings.
5. Cash balances- Opening and closing cash balances have been assessed for illustrating
Outstanding / Arrears accurately and the same have been studied with the Trial Balance.

3.3 Profiling and segmenting


Segmenting and profiling of baseline as well as field survey data were done as per consumer
profiles, consumption categories, billing components, subdivisions and billing month
respectively. Extensive efforts have been made to ensure Billing assessment for the pertinent year
of baseline have been verified.

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3.4 Data Validation


Data segmentation and profiling was initiated on the basis of kick-off meeting discussions and
baseline data provided by the authority. At the outset, the baseline information collected from
function heads was validated with the data available at respective subdivisions. The deviations
observed were communicated to the project working group for receiving necessary inputs.
Further, the normal deviations were corrected in the baseline information to maintain accuracy
of database and abnormal billings were highlighted and deduced accordingly post verification
with the authorities.

3.5 Building blocks of the report


The baseline data has been collated through interactions with each functional heads integral part
of the study and verification of the preliminary data has been conducted through cross
verification of the data with alternative source of relevant information.

Illustration 3.1 Building block of the Report

3.6 Independent assessment of input energy to sales


The objective of the study is to independently review the input energy of the designated area of
Bikaner City Circle for the base year of 2015-16.

The input energy is recorded at the outgoing feeders of transmission Substation owned and
managed by M/s RVPN. Joint verification of input feeder meters is done by M/s RVPN and SE
(M&P), Jodhpur Discom collectively.

The process of accounting the Drawl energy is through recording energy injected a month prior
to the Billing month (MIS). The energy injected in the month of March is accounted for Billing
MIS in the subsequent month of April for energy sales. Hence, Drawl from the month of March
2015 to February 2016 has been reviewed for analysis of energy billed from April 2015 to March
2016 i.e. FY 2015-16 as baseline.

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Illustration 3.2 Approach for network study

3.7 Energy Input studies


Validation of net energy input post adjustments of gross energy export and imports, wind power
and open access consumptions (if any). The energy drawl study has been conducted by the
techno-commercial team of Konergy in coordination with office of SE (TCC), M/s RVPN as well
as SE (M&P) and SE (O&M Bikaner City Circle), Jodhpur Discom to arrive at close to accurate
assessment of Energy Input through stage wise reviewing the drawl energy and accounting the
actual drawl pertinent to Bikaner City Circle. The Accuracy classes of meters have been recorded
on site and associated Multiplying Factor have been updated as per log book records maintained
at the respective Injection S/s, in order to assess Energy drawl diligently.

Step wise review of existing processes and reports adhered for ascertaining the
Energy input on the basis of the data provided by the Utility:
a) Input baseline from the office of SE (O&M) Bikaner City Circle
The subdivision wise Energy Input was facilitated through the office of SE (O&M) Bikaner
City Circle and the same is maintained as well as monitored by the Feeder Manager (BCC).
The Feeder Manager avails the Energy input from the office of SE (M&P) and allocates
subdivision wise Energy Input for assessment of subdivision wise drawl and Sub-
Transmission and Distribution losses.
Review - The 33kV I/C wise drawl and adjustments with respect to energy export/
import, open access and wind power was sought from the office of SE (M&P),
Jodhpur Discom.
The city circle does not have any dependable energy readings of subdivision
export-import points but subdivision wise Distribution Transformer capacity
allocation have been adhered to bifurcate subdivision wise Energy Input. Thus,
the report also adheres to the same methodology for ascertaining subdivision
wise Energy Input.

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b) Circle wise energy input from the office of SE (M&P), Jodhpur Discom
The office of Energy Audit, RVPN and SE (TCC) share 33kV I/c wise Energy Input for all the
respective Injection S/s injecting energy in Jodhpur Discom. The same is drawl is adhered by
RVPN for invoicing energy to the Discom. This data is maintained with the office of SE (M&P)
- Jodhpur Discom, and further fixed ratio based allocation of Energy input is adhered between
Bikaner City Circle and Bikaner District Circle.
Cross Verification of Energy Drawl on the basis actual 33kV Outgoing readings
Total
Actual Actual
Drawl SE (M&P) SE (M&P)
%age Share of %age Share
FY15-16 allocated allocated
Bikaner City of Bikaner
as per 33 Fixed %age Fixed %age
132 kV Circle ob- City Circle ob-
KV In- Share of Share of Bi-
Injection served served
comers Bikaner kaner Dis-
S/s through 33kV through 33kV
Invoiced City Circle trict Circle
Outgoing read- Outgoing
by for (FY for
ings for readings for
EA RVPN 15-16) (FY 15-16)
(FY 15-16) (FY 15-16)
In MUs
132 kV GSS
2,177 70.00% 30.00% 81.14% 18.86%
Pugal Rd

132 kV GSS
3,055 45.00% 55.00% 49.11% 50.89%
Bhinasar

220 kV GSS
4,144 75.00% 25.00% 82.49% 17.51%
Bikaner

Total 9,377 63% 37% 71% 29%

Review 33kV I/c reading were verified with monthly records of energy drawl
jointly verified by the Jodhpur Discom and RVPN. These readings were
evaluated and observations with respect to fixed percentage share of Energy
input allocation were raised. Thus, actual 33kV Outgoing readings were collated
from respective injection substations and actual Energy input between the City
Circle and District Circle were ascertained. The same have been illustrated
above.
Permission was sought form the office of SE (TCC) and CE (Bikaner Zone) for
accessing pertinent injection substations maintained and operated by the RVPN
and actual 33kV Outgoing energy readings were recorded from the Log Books to
verify accuracy level of the fixed percentage of energy drawl between Bikaner
City and Bikaner District Circle adhered by the office of SE (M&P) for assessing
Circle wise T&D Loss. Verification of updated MF and month wise Initial
readings as well as Final Readings were done to ensure accuracy level of energy
input recordings.
c) Ring fencing
Identification of the crossover points were made through available PLDs and Feeder details
from the baseline information. Sample verification through walk down survey of such
crossover feeders were done and health of the meters were recorded during the course of
survey. Average read export / import feeders have been further sample verified through
sample load analysis on the pertinent feeder on average out basis and subsequently assessing
the connected load and average load on such feeder through possible records to ensure that
the energy recorded are close approximates.
Review The export and import feeders were demarcated through the pertinent
AEN offices and physical survey of such points were done by our team. However,
energy export point has been verified as per baseline data and no regular
readings were observed being maintained at freshly installed DLMS Meter. The
load archives of the meter were sought form the office of HTM Bikaner City
Circle and the monthly readings were accounted on average basis.

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d) 33/11kV Substations 11kV Feeder Meter reading


Health of the 11kV feeder metering on the 11kV I/C and 11kV outgoing of the Grid Substation
was sought from the office of HTM (BCC) along with Meter specs, MF, CTPT Ratio and Load
patterns were studied through the available log book records of energy data as well as efforts
were made to verify the feeder wise drawl on 11kV feeder.

Review Unfortunately, dependable data for the baseline months were not
available. The physical log books have not been maintained or stocked
appropriately at the Grid S/s due to defective metering or absence of regular
reading, the available readings also did not have updated MF and Accuracy class
of the meters for the base year. Thus feeder wise loss calculations were not
available as part of the baseline data.

However, CMRI Readings for May 2016 to August 2016 were secured from the
office of Feeder Manager (BCC) but the data is partial and deficient for
considering as dependable baseline.

3.8 Commercial process studies


All pertinent formats as well as processes of Billing, Assessment, Adjustments and Realisation
etc. have been compiled and analysed by our team with experience of commercials.

Illustration 3.3 Component wise energy sales analysis

Key components of MIS 3.1 and MIS 3.2 circle wise Billing MIS

LT Billing details MS14 billing system CB (Input sundry advices)

M/s HCL Subdivision wise Subdivision wise billing


M/s BCITS billing formats

The CB input advises are


The process encompasses
entered in lieu of billing
billings of HT, Temporary and
The LT consumer billings adjustments, revisions, tariff
Vigilance consumers
were executed through the subsidy and vigilance cases.
HCL and BCITS billing The billings are
The process of billing is
agencies. The billings were
subdivision wise and is done
executed on bimonthly basis 12 key input formats are in
through specific MS14 formats
and consumers. practice at present and
in physical which concussively
realisations are through
form part of the MIS 3.1
CC&AR register

3.9 Commercial process analysis


The area proposed for Distribution Franchisee covers all the two (2) divisions under Bikaner
City Circle.

Further, the data has been analysed subdivision wise with and without manual billing
adjustments to get a fair assessment of the billing accuracy and realisation against the billed
units.

Field visits have been conducted by our team to cross verify the adjustment units, Vigilance,
HT billings etc. through studying respective physical formats at the subdivisions offices as well
as their receipts in the CC&AR registers / PCBs.

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Extensive formulae of sales validations have been applied for sanity check of manual billing
adjustments of sundry input advices (CB). The sundry units have been verified through
physical input Advice sheets relevant to individual consumers.

Further, such CB units have been cross checked on the basis of their respective Adjustment
codes as per norms defined by RERC and circulars issued by the Jodhpur Discom.

The Billing processes of LIP (Large Industries) consumers are maintained through separate
billing format of MS14. Thus, the units of HT sales have been verified with billing data
available with AO (HT Billing) Month wise, Category wise and Subdivision wise.

Binder billings

The Process cycle based billing is referred as Binder Billing in the system, the billings under this
category covers all categories of consumers excluding HT, Vigilance and Temporary. The billings
under this category are their Billing engines developed and maintained by M/s HCL.

CB Codes Adjustments
The CB Codes are Computerised Billing Input Advices Format and are used for respective reasons
of Adjustments and corrections of Billings or Subsidy credits. The followings codes are used for
posting adjustments:

Description Input Advices Code


Assessment on account of theft detected by
CB-4 1
vigilance/M&P wing
Assessment on account of theft detected by others CB-4 2
Unauthorized extension of connected load CB-4 7
Wrong application of Tariff CB-4 9
Bank collection charges for dishonoured cheque CB-4 22
Cost of burnt/damaged meters CB-4 28
Incorrect posting of cash receipts CB-12 33
Accounting of unposted receipts or suspense
receipts due to incorrect account numbers over the CB12 34
stub
Original amount of dishonoured cheque CB-12 35
Difference of fixed service charges CB-15 36
Tariff subsidy CB-12 51
MS14 - Subdivision wise billing
The MS14 billings are billings that are outside the Purview of the Binder Billing processes and
processed through the respective subdivision offices. HT, Vigilance and Temporary category of
consumers are billed under this billing format.

CC&AR
The CC&AR (Consumer Charges & Allowance Registers) have been also verified to check
retrospective effect of such adjustments or vigilance units to ensure end to end inspection of
records and factor any variances observed into the energy sales.

RERC and Jodhpur Discom Norms for Adjustments


RERC has notified certain process for posting such CB (sundry Adjustments) and MS14 billings.
Further, Jodhpur Discom has also published circulars to promulgate these processes in order to
maintain utmost transparency, genuineness and accounting hygiene with such adjustments.

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3.10 Transmission and Distribution Loss Assessment Approach


The Transmission & Distribution (T&D) losses have been calculated as per methodology
predetermined in the Standard Bidding Document for Appointment of Input Based Urban
Distribution Franchisee (SBDF) approved by Ministry of Power, Government of India on June
2012, where in distribution losses refers to the difference between energy supplied at the Input
Points and Energy Billed to Consumers in percentage terms for a particular period and computed
as below:

Transmission and Distribution Losses= [(Energy Intake at Input Points less Energy
Billed to Consumers in kWh)/ Energy Intake at Input Points in kWh]*100

3.11 Computation of Average Billing Rate (ABR)


Average Billing Rate including subsidy is calculated by dividing the billed revenue including
subsidy that forms part of the revenue for the base year of FY 2015-16 for all categories put
together with the total billed units for the division for all categories, the calculation of which is
shown below.

The billing revenue encompasses of i) Billing details as per the binder billing, ii) CB input Advices
Formats and iii) Subdivision wise billings of consumers such as HT, Vigilance and Temporary
consumers. The billing revenue has been ascertained through Net Board Dues only for ABR
without subsidy as well as Net Board Dues along with subsidy for ABR with subsidy.









The billing processes were reviewed meticulously subdivision-wise through analysing the
category wise ABR and analysing sample bills across all three components subdivision wise.
Discussions with respective AROs, Accounts Officers of the Circle and the office of CAO were held
to review variances observed in the billing processes, adjustment methodology and accuracy of
sample bills with exponentially higher ABR. Hence, suitable correction factors were applied for
correcting such units and Board Dues. Certain variances were observed in the adjustment
methodologies due to application of wrong adjustment code in billings and further credit of such
units in the relevant billing formats. However, correction and adjustment of such misallocations
while computing the energy sales and revenues have been also done on best effort basis through
sample studies.

3.12 Collection Efficiency & Outstanding


The collection efficiency has been evaluated on the basis of %age of Revenue collected over energy
billed as per the data available through circle wise MIS of Bikaner City Circle and further reducing
Arrears illustrated in opening balance for the FY 2015-16.

No records of age wise arrears have been made available from the database hence collection
efficiency has been showed along with arrears. However, we have taken best efforts to elaborate
the Arrears for past three financial years.

To cross verify the realization, we enquired from Accounts regarding the remittance in bank
pertinent to Revenue collection against Board Dues as shown in the MIS. The Authorities have
informed that the component wise segregation of revenue remitted to Bank is not available; the

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remittances in Bank is a pool of all the revenue components including subsidy, adjustments,
Nigam dues, Electricity duty, Urban cess, Water Cess Charges and additional revenue from New
Service Connection, Change of Tariff or category etc. Thus we have only analysed the revenue
realization as per baseline data made available pertaining to designated area of Bikaner City
Circle.

The collection efficiency has been calculated as per methodology predetermined in the Standard
Bidding Document for Appointment of Input Based Urban Distribution Franchisee approved by
Ministry of Power, Government of India.

Collection Efficiency = (Revenue realized from Consumers in rupees /Energy Billed


to Consumers in rupees)*100

3.13 Assumptions
The following assumptions have been considered through discussions and personal interaction
with respective stakeholders of the project:

1. The study has been conducted for FY2015-16 base year.

2. Complete billings and proceeds for energy sales are recorded in the MIS 3.1 and MIS 3.2, thus
there are no additional formats for transaction of energy sales outside the purview of the MIS.

3. The study is pertinent to Bikaner City Circle comprising of only Bikaner City encompassing
Two (2) Divisions, which comprises eight (8) Sub-divisions.

4. The Energy input data has been recorded GSS wise and the CT/PT ratios as well as
Multiplying Factors (MF) of the meters have been maintained as per records available
through the RVPN Log books for Transmission Substations as well as with the M&P, for all
EHV Substations, shared and crossover points.

5. In absence of energy metering at a pertinent injection feeder or inaccuracy observed in the


Multiplying Factor of a specific 33kV incoming or 33kV Outgoing feeder. The energy from the
pertinent HV side of the transformer have been relied along with the average Power
Transformer losses assessed. The same have been further verified with balance of gross
incoming and gross outgoing summations of the pertinent EHV or Injection substation, in
order to obtain possible accuracy in energy drawl.

6. The feeder meter reading at 33kV Incomer, 33kV Outgoing from EHVs and further 11kV
incomer at 33/11kV Substations have been refereed through log books and CMRI readings to
the extent available at the pertinent substations for the base year.

7. 11/0.420kV Distribution Transformers Meters (DT Meters) have been observed at some
locations but no log books or energy readings have been maintained for such meters,
furthermost are found unreadable and unmetered. Therefore, DT energy records has been
excluded from the scope of the study.

8. The study has been limited to energy output recorded through 11kV Feeder metering based
on available accuracy of such data and accounting energy sales through the billing MIS
records sought subdivision wise.

9. Receipts of all the energy sales invoices, new service connections, connection transfer etc. are
through single pool of account and there are no exclusive bank account maintained for
respective category of receipts. The Trial Balance and MIS 3.2 have been relied for cross
verification of Realisation amount and component of realisation.

10. There are no age-wise arrears or outstanding maintained for the designated area of Bikaner
City Circle, Thus the opening and closing balance of annual outstanding have been studied
for a dependable summary of arrears in the designated area as on FY 2015-16.

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Junagarh Fort Bikaner

4. Bikaner City Circle

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4. Bikaner City Circle

4.1 Snapshot of the Bikaner City Circle


Bikaner City Circle comprises Bikaner municipal area, which is supposed to be around 220
Square kilometres as per records by the Bikaner Municipal Corporation and has a healthy mix
urban consumers, Agriculture and HT consumers. The head quarter of the circle is located at
Jaipur Road office and Roshni Ghar office being the Administrative office.

Illustration 4.1 Key variables of Bikaner City Circle

Particulars Unit Description

Administrative info
Circles Nos. 1
Divisions Nos. 2
Sub-Divisions Nos. 8
Network info
Injection Substations Nos. 3
33/11kV substations Nos. 34
33kV Feeders Nos. 21
11kV Feeders Nos. 161
Distribution Transformer Capacity MVA 170.97
Consumer Profile
Regular Consumers Avg. Nos. 142,569
Consumption Profile
Energy Input MUs 601.27
Energy Billed MUs 537.35
Revenue Billed (BD) Rs. in Crores 369.4
Revenue Realised (BD) Rs. in Crores 360.01
Performance Analysis
T&D Losses % 10.63%
ABR Rs. per unit 6.87
Collection Eff. % 97.49%

4.2 Strategic investments by Jodhpur Discom in Bikaner City Circle

The Bikaner City Circle is one of the significant revenue earning urban circles of Jodhpur Discom.
The circle has been quite sensitively reviewed over its performance recently by the management
in order to monitor and reduce the T&D losses and improve power quality and reliability for its
consumers. The circle encompasses around 43% of domestic, 14% of commercial, 5% of
Agriculture, 11.5% of Large (HT) Industries and 14.42% of Small and Medium Industries, 8% of
Mixed Load as well as 3.29% of Public Street Lights consumption out of total 538 MU of sales as
per MIS 3.1.

18
2016 All rights reserved. Konergy Innovations Private Limited
Independent Review of Energy Audit Methodology for Distribution

KNERGY Franchisee town Bikaner City Circle for FY 2015-16

4.3 Network Map of Bikaner City Circle

The overview network map of Bikaner City Circle has been facilitated through the office of TA to
SE (O&M), the map is plotted and approved through the office of SE (O&M) Bikaner City Circle.
The map gives a detailed network view of the EHV input points and also elaborates.

Illustration 4.3 Network map of Bikaner City Circle

11 kV Feeder

33 kV Feeder

Source: TA to SE Bikaner Circle

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2016 All rights reserved. Konergy Innovations Private Limited
Independent Review of Energy Audit Methodology for Distribution

KNERGY Franchisee town Bikaner City Circle for FY 2015-16

4.4 Organisation structure of Bikaner City Circle

The designated area is managed into 1(One) distribution circles i.e. Bikaner City Circle,
encompassing 2 (Two) Divisions and 8 (Eight) sub-divisions. The circle is headed by the
Superintending Engineer (SE) O&M Bikaner City Circle (BCC), the Divisions are headed by
Executive Engineers and the subdivisions are headed by the respective Assistant Engineers, the
sub-divisions also have two team-units apart from the Operation and Maintenance staff i.e. HTM
(High Tension Maintenance) and CRP (City Renovation Program). Out of which the CRP unit
looks after R-APDRP deployments and HTM takes care of all the High Tension networks and
associated activities.

The circle also has a parallel Accounts and Finance function headed by the Accounts Officer
(Accounts) and Accounts Officer (HT Billing) exclusively, managing the commercial and
administrative functions. The Accounts officers are assisted by Assistant Accounts Officer (AAO)
in the circle and further Assistant Revenue Officer (ARO) at each subdivision.

Illustration 4.4 Organisation structure

Circle Level Division Area Level

Accounts
AO JCC AAO ARO

A. En. J. En.
Ex. En CD 1
HTM J. En.
XEN M&P - 2 A. En. J. En.
SE M&P Ex. En CD 2
XEN M&P - 1 HTM J. En.

A. En. J. En.
Ex. En CD 3
HTM J. En.
TA A. En HTM 8
HTM A. En. J. En.
SE
Ex. En CD 4
Office
AO MIS
HTM J. En.

A. En. J. En.
Ex. En CD 5
HTM J. En.

A. En. J. En.
Ex. En CD 6
HTM J. En.

A. En. J. En.
Ex. En CD 7
HTM J. En.
Vigilance

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2016 All rights reserved. Konergy Innovations Private Limited
Independent Review of Energy Audit Methodology for Distribution

KNERGY Franchisee town Bikaner City Circle for FY 2015-16

5. Network configuration

21
2016 All rights reserved. Konergy Innovations Private Limited
Independent Review of Energy Audit Methodology for Distribution

KNERGY Franchisee town Bikaner City Circle for FY 2015-16

5. Network configuration of Bikaner City Circle

The network survey has been conducted by the working group. The network studies have been
conducted with focus on survey of energy input, metering health and sample walk down survey
of the crossover feeders. Sample study of EHV points, Energy Export-import points, Network
metering health and Billing system studies have been conducted in the following manner.

a) The EHV Injection Substations managed and maintained by the transmission company M/s
RVPN,

b) The Grid Substations, HT and LT networks managed and maintained by the office of SE
(O&M)

c) The network Metering, protection and Energy Audit systems by the office of SE (M&P)

d) Management of Billing systems, IT infrastructure and services through the office of SE (IT)

5.1 220/132/33/11kV Injection points for Bikaner City Circle


i

Name of
Transformer Name of
Sl the GSS
No & Capac- Voltage the Feed- Feeding to 33/11 KV SS / Area
No 200/132
ity ers
KV

Rani Bazar Old, Rani Bazar New,PBM Sub


station, Pawan Puri Sub station,66 KV
Substation, Main Substation, M.N. Sub
Feeder no. Station, Karni Nagar Sub Station,131 No.
Total 3=Ca-
1,2,4, Koti Sub Station, Ratan Bihari Sub Sta-
220 KV pacity 1x20/25
1 33 KV 5,6, 7,9, tion, Dairy Sub Station, FCI Sub Station,
BIKANER MVA+
10,11, Beechwal Sub ,Station, Khara Sub Station,
2x40/50 MVA
12,14,15 Filter Plant Sub Station, Transport Nagar
Sub Station, Sagar Sub Station, Udasar
Sub Station, Shiv Bari Sub Station, Tilak
Nagar Sub Station, Himatasar Sub Station

Total 2=Ca-
Gaoshala GSS, MDV GSS, MP Nagar GSS,
132 KV PU- pacity 1x20/25 Feeder no.
2 33 KV Karni Ind Area old GSS, Karni Ind Area
GAL MVA+ 2,4,7,8,9
New GSS, Songiri GSS & Satellite GSS
1x40/50 MVA

Total 2=Ca-
Chetnanand GSS, Mohta Sarai GSS, Jail-
132KV pacity 1x20/25 Feeder no.
3 33KV Well GSS, Vyapar Nagar GSS, Uday Ram-
BHINASAR MVA+ 1,2,5,6
sar GSS, Sujan Desar GSS
1x40/50 MVA

22
2016 All rights reserved. Konergy Innovations Private Limited
Independent Review of Energy Audit Methodology for Distribution

KNERGY Franchisee town Bikaner City Circle for FY 2015-16

5.2 33/11kV GSS Metering health assess as on 15th Sep. 2016


outgoing
VCB me-
Feeder At- Feeder
Feeder Over ter CT
tribute Type
Sub 33/11kV Feeder VCB all Primary/
Feeder Name (In- (Rural/
Division Substation VCB Me- Meter M.F. CT Sec-
comer/Out- Urban/
ter NO Make VCB ondary
going/spare) PHED
Ratio
etc)
D-I Mohtasaray Main VCB-I Incomer 3023662 Genus 80 400/5 CTR
D-I Mohtasaray New Nathusar Outgoing Urban 9466625 L&T 40 200/5 CTR
D-I Mohtasaray Old Nathusar Outgoing Urban 15006962 L&T 40 200/5 CTR
D-I Mohtasaray Main VCB-II Incomer 15048525 L&T 80 400/5 CTR
D-I Mohtasaray Gopeshwer Basti Outgoing Urban RJB82236 Secure 40 200/5 CTR
D-I Mohtasaray Laxminath Ji Outgoing Urban 3023317 Genus 20 100/5 CTR
D-I Chetnanand Main VCB-II Incomer 9449889 L&T 80 400/5 CTR
D-I Chetnanand Nathusar Outgoing Urban 11444721 L&T 40 200/5 CTR
D-I Chetnanand Karmisar Outgoing Urban 11444466 L&T 20 100/5 CTR
D-I Chetnanand Main Vcb-I Incomer 9449910 L&T 80 400/5 CTR
D-I Chetnanand Tanki Outgoing Urban 11444401 L&T 40 200/5 CTR
D-I Chetnanand Surdasani Outgoing Urban 11444305 L&T 40 200/5 CTR
D-III Jailwell Main VCB-I Incomer 9966723 L&T 80 400/5 CTR
Bakhtawar Sagar
D-III Jailwell New Outgoing Urban 9966625 L&T 40 200/5 CTR
Rangri Chowk+
D-III Jailwell Bada Bazar Outgoing Urban 9966550 L&T 40 200/5 CTR
D-III Jailwell Fort School Outgoing Urban 9966624 L&T 40 200/5 CTR
Rampuria City
D-III Jailwell New Outgoing Urban 9966628 L&T 40 200/5 CTR
D-III Jailwell Main VCB-II Incomer 9966699 L&T 80 400/5 CTR
D-III Jailwell Gogagate Outgoing Urban 9966623 L&T 40 200/5 CTR
D-III Jailwell Tanki Outgoing Urban 9968547 L&T 40 200/5 CTR
D-III Jailwell Heeralal Maal Outgoing Urban 9966552 L&T 40 200/5 CTR
Karni Nagar In-
D-VI dustrial Area Main VCB Incomer 3023778 Genus 80 400/5 CTR
Karni Nagar In-
D-VI dustrial Area Feeder No. 4 Outgoing Urban GJU07716 Secure 20 100/5 CTR
Karni Nagar In-
D-VI dustrial Area Feeder No. 2 Outgoing Urban 3023551 Genus 20 100/5 CTR
Karni Nagar In-
D-VI dustrial Area Feeder No.1 Outgoing Urban 3024865 Genus 40 200/5 CTR
Karni Nagar In-
D-VI dustrial Area Feeder No. 3 Outgoing Urban 3023972 Genus 20 100/5 CTR
D-VI M.P. Nagar Main VCB-I Incomer RJB81927 Secure 80 400/5 CTR
D-VI M.P. Nagar Main Market Outgoing Urban RJB 80476 Secure 40 200/5 CTR
D-VI M.P. Nagar Kabeer Aashram Outgoing Urban 3024575 Genus 40 200/5 CTR
D-VI M.P. Nagar RamDev Nagar Outgoing Urban RJB 80602 Secure 40 200/5 CTR
D-VI M.P. Nagar Rampura Bypaas Outgoing Urban 3024845 Genus 40 200/5 CTR
D-VI M.P. Nagar Hospital Outgoing Urban 3044861 Genus 20 100/5 CTR
132 KV Pugal
D-VI Road Main VCB Incomer 3024179 Genus 80 400/5 CTR
132 KV Pugal
D-VI Road RIICO Outgoing Urban 3024861 Genus 20 100/5 CTR

23
2016 All rights reserved. Konergy Innovations Private Limited
Independent Review of Energy Audit Methodology for Distribution

KNERGY Franchisee town Bikaner City Circle for FY 2015-16

outgoing
VCB me-
Feeder At- Feeder
Feeder Over ter CT
tribute Type
Sub 33/11kV Feeder VCB all Primary/
Feeder Name (In- (Rural/
Division Substation VCB Me- Meter M.F. CT Sec-
comer/Out- Urban/
ter NO Make VCB ondary
going/spare) PHED
Ratio
etc)
132 KV Pugal
D-VI Road Feeder No.2 Outgoing Urban 3024860 Genus 20 100/5 CTR
132 KV Pugal
D-VI Road U.I.T Outgoing Urban 3024863 Genus 20 100/5 CTR
132 KV Pugal
D-VI Road Shobhasar Outgoing Urban 3024866 Genus 20 100/5 CTR
D-VIII Gaushala Main VCB-I Incomer 3023777 Genus 80 400/5 CTR
D-VIII Gaushala Back Feeder Outgoing Urban 11105383 L&T 40 200/5 CTR
D-VIII Gaushala Old Water Works Outgoing Urban 9450039 L&T 40 200/5 CTR
D-VIII Gaushala Nathusar Outgoing Urban 9450037 L&T 40 200/5 CTR
D-VIII Gaushala Main VCB-II Incomer 11105438 Genus 80 400/5 CTR
D-VIII Gaushala Jawahar Nagar Outgoing Urban 3024651 Genus 80 400/5 CTR
D-VIII Gaushala Nal Feeder Outgoing Urban 3024652 Genus 40 200/5 CTR
D-VIII Gaushala Antyoday Nagar Outgoing Urban RJB 80640 Secure 80 400/5 CTR
D-VIII Gaushala Railway Outgoing Urban 11109283 L&T 40 200/5 CTR
D-VIII Murlidhar Main VCB Incomer 13003985 L&T 40 400/5 CTR
D-VIII Murlidhar Aasharam Feeder Outgoing Urban 13003943 L&T 40 200/5 CTR
D-VIII Murlidhar Murlidhar Feeder Outgoing Urban 13003987 L&T 40 200/5 CTR
BhootNath Man-
D-VIII Murlidhar dir Outgoing Urban 9449890 L&T 40 200/5 CTR
Ganesh Vi-
har/Jambheshwar
D-VIII Murlidhar Nagar Outgoing Urban 13003009 L&T 40 200/5 CTR
D-VIII Murlidhar Feeder No. 5 Outgoing Urban 13017072 L&T 200/5 CTR
D-VIII Murlidhar Feeder No. 6 Outgoing Urban 13003988 L&T 400/5 CTR
D-VIII Sujandesar Main VCB Incomer 13043827 L&T 4 200/5 CTR
D-VIII Sujandesar Sriramsar Feeder Outgoing Urban 13043824 L&T 2 100/5 CTR
D-VIII Sujandesar Sujandesar Outgoing Urban RJB 82211 Secure 20 100/5 CTR
D-VIII Sujandesar PHED Outgoing Urban RJB 82196 Secure 20 100/5 CTR
D-VIII Sujandesar Feeder No. 4 Outgoing Urban RJB 82197 Secure
D-VIII Sujandesar Feeder No. 5 Outgoing Urban RJB 82266 Secure
D-VIII Bhinasar Main VCB Incomer 9966549 Genus 80 400/5 CTR
D-VIII Bhinasar Ramdev Colony Outgoing Urban 9966551 Genus 40 200/5 CTR
D-VIII Bhinasar PHED Outgoing Urban 9966729 Genus 40 200/5 CTR
Laxmi-Nath Bhi-
D-VIII Bhinasar nasar Outgoing Urban 9966627 Genus 40 200/5 CTR
D-VIII Bhinasar Gangasahar Outgoing Urban 9966698 Genus 40 200/5 CTR
D-VIII Udairamsar Main VCB 2 Incomer 9449886 Genus 80 400/5 CTR
D-VIII Udairamsar Udairamsar Outgoing Urban 9966701 Genus 40 200/5 CTR
D-VIII Udairamsar Mina Ji Ag. Outgoing Urban 9966544 Genus 40 200/5 CTR
DadaBari
Barsinghsar By-
D-VIII Udairamsar paas Outgoing Urban 9449783 Genus 40 200/5 CTR
D-VIII Udairamsar Main VCB 1 Incomer 9966700 Genus 80 400/5 CTR

24
2016 All rights reserved. Konergy Innovations Private Limited
Independent Review of Energy Audit Methodology for Distribution

KNERGY Franchisee town Bikaner City Circle for FY 2015-16

outgoing
VCB me-
Feeder At- Feeder
Feeder Over ter CT
tribute Type
Sub 33/11kV Feeder VCB all Primary/
Feeder Name (In- (Rural/
Division Substation VCB Me- Meter M.F. CT Sec-
comer/Out- Urban/
ter NO Make VCB ondary
going/spare) PHED
Ratio
etc)
Palana Road
D-VIII Udairamsar Dharaniya Pump Outgoing Urban 9966695 Genus 40 200/5 CTR
D-VIII Udairamsar Palana Road Ag Outgoing Urban 9966694 Genus 40 200/5 CTR
Hanumaan Man-
D-VIII Udairamsar dir Ag. Outgoing Urban 9966546 Genus 40 200/5 CTR
D-VIII Vyapaar Nagar Main VCB Incomer 12012396 L&T 80 400/5 CTR
D-VIII Vyapaar Nagar Gadsisar Outgoing Urban 11444533 L&T 40 200/5 CTR
D-VIII Vyapaar Nagar Bothra Outgoing Urban 11444530 L&T 40 200/5 CTR
D-VIII Vyapaar Nagar Chopra Badi Outgoing Urban 11444430 L&T 80 400/5 CTR
D-VIII Vyapaar Nagar Chodhary Colony Outgoing Urban 11444338 L&T 40 200/5 CTR
D-VIII Vyapaar Nagar Main VCB-II Outgoing Urban 11108880 L&T 40 400/5 CTR
D-III Rani Bazar -II Main VCB Incomer 3023663 Genus 80 400/5 CTR
D-III Rani Bazar -II Feeder No.1 Outgoing Urban 3023519 Genus 40 200/5 CTR
D-III Rani Bazar -II Feeder No.2 Outgoing Urban 13043851 L&T 2 200/5 CTR
D-III Rani Bazar -II Feeder No.3 Outgoing Urban 9466617 L&T 40 200/5 CTR
D-III Rani Bazar -II Feeder No.4 Outgoing Urban 3024131 L&T 40 200/5 CTR
D-III Rani-Bazar-I Main VCB-I Incomer 3023781 L&T 80 400/5
D-III Rani-Bazar-I RTO Feeder Outgoing Urban 9408263 L&T 40 200/5 CTR
D-III Rani-Bazar-I Feeder No. 2 Outgoing Urban RJB 80479 Secure 40 200/5 CTR
D-III Rani-Bazar-I Rani Bazar Outgoing Urban 3024577 Genus 40 200/5 CTR
D-III Rani-Bazar-I Main VCB-II Incomer 3024843 Genus 80 400/5
D-III Rani-Bazar-I Vetenary Outgoing Urban 3023959 Genus 40 200/5 CTR
D-III Rani-Bazar-I Station Road Outgoing Urban 3023977 Genus 40 200/5 CTR
D-III Rani-Bazar-I Sharma Colony Outgoing Urban 12012419 L&T 40 200/5 CTR
D-V Dairy Main VCB-I Incomer 15034823 L&T 80 400/5
D-V Dairy RCP Colony Outgoing Urban 15043464 L&T 40 200/5
D-V Dairy Dairy+Stadium Outgoing Urban CGL01691 Secure 2 100/5
D-V Dairy Roadways+ Rly Outgoing Urban CGL01689 Secure 2 100/5
D-V Dairy Old karni Nagar Outgoing Urban 9449782 L&T 40 200/5
D-V Dairy New Karni Nagar Outgoing Urban RJB80661 Secure 40 200/5
D-V Dairy Main VCB-II Incomer 3023659 Genus 40 200/5
D-V Dairy New RAC Outgoing Urban 11444829 L&T 40 200/5
D-V Dairy Chetak Outgoing Urban 11444747 L&T 40 200/5
D-V Dairy Water Works Outgoing Urban 11108881 L&T 40 200/5
D-V Bichwal Main VCB-I Incomer 3023661 Genus 80 400/5
Feeder No. 1 (Hal-
D-V Bichwal diram) Outgoing Urban 15035041 L&T 40 200/5
Feeder No. 2
D-V Bichwal (Naulakha) Outgoing Urban 3023955 Genus 40 200/5
Feeder No. 5(Uni-
D-V Bichwal versity) Outgoing Urban 3024134 Genus 10 50/5
D-V Bichwal Main VCB-II Incomer 3023656 Genus 40 200/5

25
2016 All rights reserved. Konergy Innovations Private Limited
Independent Review of Energy Audit Methodology for Distribution

KNERGY Franchisee town Bikaner City Circle for FY 2015-16

outgoing
VCB me-
Feeder At- Feeder
Feeder Over ter CT
tribute Type
Sub 33/11kV Feeder VCB all Primary/
Feeder Name (In- (Rural/
Division Substation VCB Me- Meter M.F. CT Sec-
comer/Out- Urban/
ter NO Make VCB ondary
going/spare) PHED
Ratio
etc)
D-V Bichwal Feeder No. 3 Outgoing Urban 3023552 Genus 40 200/5
Feeder No. 4 (II
D-V Bichwal Phase) Outgoing Urban RJB87100 Secure 20 100/5
D-V FCI Main VCB Incomer 13003008 L&T 80 200/5 CTR
D-V FCI DhanMandi Outgoing Urban RJB80687 Secure 40 200/5 CTR
D-V FCI Indra Colony Outgoing Urban 13003010 L&T 40 200/5 CTR
D-V FCI Bheru singh Outgoing Urban 13003006 L&T 40 200/5 CTR
D-V FCI Feeder No. 4 Outgoing Urban RJB80474 Secure 40 200/5
D-V FCI Feeder No. 5 Outgoing Urban RJB80641 Secure 40 200/5 CTR
D-VII Shiv Bari Main VCB Incomer 1201245 L&T 40 200/5 CTR
D-VII Shiv Bari Camel Farm Outgoing Urban 11444473 L&T 40 200/5 CTR
D-VII Shiv Bari Shiv Mandir Outgoing Urban 11444839 L&T 20 100/5 CTR
D-VII Shiv Bari Ambedkar Colony Outgoing Urban 11444432 L&T 20 100/5 CTR
D-VII Shiv Bari Shiv Bari Village Outgoing Urban 11444596 L&T 20 100/5 CTR
D-II 66 KV GSS Main VCB-I Incomer RJB 80473 Secure 40 200/5 CTR
D-II 66 KV GSS Feeder No. 2 Outgoing Urban 3024470 Genus 40 200/5 CTR
D-II 66 KV GSS Feeder No. 3 Outgoing Urban RJB80604 Secure 40 200/5 CTR
D-II 66 KV GSS Feeder No. 6 Outgoing Urban 3024847 Genus 40 200/5 CTR
D-II 66 KV GSS Feeder No. 8 Outgoing Urban 11109263 L&T 40 200/5 CTR
D-II 66 KV GSS Main VCB-II Incomer
D-II 66 KV GSS Feeder No. 1 Outgoing Urban 7258873 L&T 80 400/5 CTR
D-II 66 KV GSS Feeder No. 7 Outgoing Urban 3024656 Genus 40 200/5 CTR
D-II 66 KV GSS Feeder No.4 Outgoing Urban RJB80473 Secure 20 100/5
D-VII Tilak Nagar Main VCB-I Incomer 11444380 L&T 80 400/5
D-VII Tilak Nagar Feeder No. 1 Outgoing Urban 11444529 L&T 40 200/5 CTR
D-VII Tilak Nagar Feeder No. 2 Outgoing Urban 11444233 L&T 20 100/5 CTR
D-VII Tilak Nagar Feeder No. 3 Outgoing Urban 11444302 L&T 20 100/5 CTR
D-VII Tilak Nagar Main VCB-II Incomer GJU01113 Secure 80 400/5
D-VII Tilak Nagar Feeder No. 4 Outgoing Urban 11444195 L&T 20 100/5
D-VII Tilak Nagar Feeder No. 5 Outgoing Urban 11444531 L&T 20 100/5 CTR
D-VII Tilak Nagar Feeder No. 6 Outgoing Urban 11444660 L&T 20 100/5 CTR
Main Sub Sta-
D-IV tion Main VCB-I Incomer 9408260 L&T 80 400/5 CTR
Main Sub Sta-
D-IV tion Subhashpura Outgoing Urban 15048554 L&T 40 200/5 CTR
Main Sub Sta-
D-IV tion Ranisar Outgoing Urban 15048573 L&T 40 200/5 CTR
Main Sub Sta-
D-IV tion Ginnani Outgoing Urban 13003929 L&T 40 200/5 CTR
Main Sub Sta-
D-IV tion Main VCB-II Incomer 13043720 L&T 80 400/5 CTR
Main Sub Sta-
D-IV tion Ganga Garden Outgoing Urban 13003925 L&T 40 200/5 CTR

26
2016 All rights reserved. Konergy Innovations Private Limited
Independent Review of Energy Audit Methodology for Distribution

KNERGY Franchisee town Bikaner City Circle for FY 2015-16

outgoing
VCB me-
Feeder At- Feeder
Feeder Over ter CT
tribute Type
Sub 33/11kV Feeder VCB all Primary/
Feeder Name (In- (Rural/
Division Substation VCB Me- Meter M.F. CT Sec-
comer/Out- Urban/
ter NO Make VCB ondary
going/spare) PHED
Ratio
etc)
Main Sub Sta-
D-IV tion Bhagwan Outgoing Urban 13002998 L&T 40 200/5 CTR
Main Sub Sta-
D-IV tion Local No.2 Outgoing Urban 13002997 L&T 40 200/5 CTR
Main Sub Sta-
D-IV tion Rampuria Outgoing Urban 13003926 L&T 40 200/5 CTR
D-VII Udasar Main VCB Incomer 11444027 L&T 80 400/5
Feeder No.1
D-VII Udasar (Vaishno Dhaam) Outgoing Urban 11444451 L&T 40 200/5
Feeder No.2
D-VII Udasar (Udasar) Outgoing Urban 15034969 L&T 40 200/5
Feeder No.2
D-VII Udasar (Udasar-CTPT) Outgoing 11444750 L&T 40 200/5
Feeder No.3
D-VII Udasar (Sagar) Outgoing Urban 13003922 L&T 40 200/5
D-VII Sagar Main VCB Incomer 11444523 L&T 80 400/5 CTR
D-VII Sagar Sagar- Ridmalsar Outgoing Urban 11444847 L&T 40 200/5 CTR
D-VII Sagar Himatsar Outgoing Urban 11444183 L&T 80 400/5 CTR
D-VII Sagar Aajad Nagar Outgoing Urban 13003986 L&T 40 200/5 CTR
D-VII Himmtasar Main VCB Incomer 9449887 Genus 80 400/5
D-VII Himmtasar Feeder No. 1 Outgoing Urban 9449840 Genus 40 200/5 CTR
D-VII Himmtasar Feeder No. 2 Outgoing Urban 9450040 Genus 40 200/5 CTR
D-VII Himmtasar Feeder No. 3 Outgoing Urban 9449884 Genus 40 200/5 CTR
D-VII Himmtasar Feeder No. 4 Outgoing Urban 9449891 Genus 40 200/5 CTR
D-II Pawanpuri Main VCB Incomer 3024326 Genus 80 400/5 CTR
D-II Pawanpuri Main VCB-CTPT Incomer 3024475 Genus
D-II Pawanpuri Pawanpuri Outgoing Urban 15007664 L&T 40 200/5 CTR
D-II Pawanpuri G.A.D. Outgoing Urban 3024251 Genus 20 100/5 CTR
D-II Pawanpuri Camel Farm Outgoing Urban 3045239 Genus 20 100/5 CTR
D-II Pawanpuri Gadsisar Outgoing 3024258 Genus
D-II Pawanpuri Vallabh Garden Outgoing Urban RJB 80697 Secure 40 200/5 CTR
D-II PBM Hospital Main VCB-I Incomer 9966872 L&T 80 400/5 CTR
D-II PBM Hospital Feeder No.1 outgoing Urban 9408257 L&T 40 200/5 CTR
D-II PBM Hospital Feeder No.2 Outgoing Urban 3045235 Genus 40 200/5 CTR
D-II PBM Hospital Feeder No.3 Outgoing Urban 3049244 Genus 40 200/5 CTR
D-II PBM Hospital Main VCB-II Incomer 3044901 Genus 80 400/5 CTR
D-II PBM Hospital Feeder No.4 Outgoing Urban 3045236 Genus 40 200/5 CTR
D-II PBM Hospital Feeder No.5 Outgoing Urban 3045108 Genus 40 200/5 CTR
Ratan Bihari
D-V Park Main-I Incomer 3023620 Genus
Ratan Bihari
D-V Park Alakhsar Outgoing Urban RJB88361 Genus 40 200/5 CTR
Ratan Bihari
D-V Park Chotina Outgoing Urban 3023978 Genus 40 200/5 CTR
D-V M.N. Hospital Main VCB-I Incomer RJB80477 Secure 80 400/5
D-V M.N. Hospital Stadium Outgoing Urban 3024743 Genus 40 200/5

27
2016 All rights reserved. Konergy Innovations Private Limited
Independent Review of Energy Audit Methodology for Distribution

KNERGY Franchisee town Bikaner City Circle for FY 2015-16

outgoing
VCB me-
Feeder At- Feeder
Feeder Over ter CT
tribute Type
Sub 33/11kV Feeder VCB all Primary/
Feeder Name (In- (Rural/
Division Substation VCB Me- Meter M.F. CT Sec-
comer/Out- Urban/
ter NO Make VCB ondary
going/spare) PHED
Ratio
etc)
D-V M.N. Hospital Nawalsagar Outgoing Urban 3024571 Genus 40 200/5
D-V M.N. Hospital Rashtrasdoot Outgoing Urban 11444231 L&T 40 200/5
D-V M.N. Hospital Main VCB-II Incomer 11444470 L&T 40 400/5
D-V M.N. Hospital New Radheshyam Outgoing Urban 11444598 L&T 40 200/5
D-V M.N. Hospital Old Radheshyam Outgoing Urban RJB80685 Secure 40 200/5
D-V Karni Nagar Main VCB Incomer RJB 80644 Secure 80 400/5
D-V Karni Nagar Feeder No.1 Outgoing Urban RJB 80664 Secure 40 200/5 CTR
D-V Karni Nagar Feeder No.2 Outgoing Urban RJB80556 Secure 40 200/5
D-V Karni Nagar Feeder No.3 Outgoing Urban 13003928 L&T 40 200/5
D-V Karni Nagar Feeder No.4 Outgoing Urban RJB 80686 Secure 40 200/5
D-V Karni Nagar Feeder No.5 Outgoing Urban RJB 80642 Secure 40 200/5
D-IV Satelite Main VCB Incomer NA NA
Kelan Godam+
D-IV Satelite Setelite Outgoing Urban 13065298 L&T 40 200/5
D-IV Satelite Subhash Road Outgoing Urban 3024574 Genus 20 100/5
D-IV Satelite Songiri Outgoing Urban 3024579 Genus 20 100/5
D-IV Satelite Jassusar Outgoing Urban 3024580 Genus 40 200/5
D-IV Songiri Main VCB Incomer 13002999 L&T 80 400/5
D-IV Songiri Kasaiyo ki Bari Outgoing Urban 13003989 L&T 40 200/5
D-IV Songiri Binnani chowk Outgoing Urban 13003927 L&T 80 400/5
D-V Khara Main VCB-I Incomer RJB 80643 Secure 4 200/5
D-V Khara Feeder No.1 Outgoing Urban 4253023 L&T 2 100/5
D-V Khara Feeder No.2 Outgoing Urban 15034815 L&T 40 200/5
D-V Khara Feeder No.7 Outgoing Urban 11109107 L&T 40 200/5
D-V Khara Main VCB-2 Incomer 9450038 Genus 80 400/5
D-V Khara Feeder No.3 Outgoing Urban 15043813 L&T 40 200/5
D-V Khara Feeder No.4 Outgoing Urban 4253044 L&T 40 200/5
D-V Khara Feeder No.5 Outgoing Urban 4253020 L&T 20 100/5
D-V Khara Feeder No.6 Outgoing Urban 3058748 Genus 20 100/5
D-V 132 No. Kothi Main VCB Incomer 11444517 L&T 40 200/5 CTR
D-V 132 No. Kothi Collectrate Outgoing Urban 9466630 L&T 40 200/5 CTR
D-V 132 No. Kothi Chotina Outgoing Urban 11444300 L&T 40 200/5 CTR
D-V 132 No. Kothi Kothi No.8 Outgoing Urban 11444011 L&T 20 100/5 CTR
D-V 132 No. Kothi Rathkhana Outgoing Urban 114444763 L&T 20 100/5 CTR
D-V Filter Plant Transport Nagar Outgoing Urban 9449695 L&T 40 200/5 CTR
D-V Filter Plant Filter Plant Outgoing Urban 9449698 L&T 40 200/5 CTR
D-V Filter Plant Ag. Feeder Outgoing Urban 9550042 L&T 40 200/5 CTR
D-V Filter Plant Rural Outgoing Urban 9449885 L&T 40 200/5 CTR
132 KV Pugal
D-VI Road Lakhsar Outgoing Urban 3024859 Genus 20 100/5

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outgoing
VCB me-
Feeder At- Feeder
Feeder Over ter CT
tribute Type
Sub 33/11kV Feeder VCB all Primary/
Feeder Name (In- (Rural/
Division Substation VCB Me- Meter M.F. CT Sec-
comer/Out- Urban/
ter NO Make VCB ondary
going/spare) PHED
Ratio
etc)
Main VCB -I
D-VIII Gaushala CTPT Incomer 11444640 L&T
Main VCB-II
D-VIII Gaushala CTPT Incomer 3024655 Genus
D-I Chetnanand NA Outgoing Urban 11444311 L&T 80 400/5

5.3 Distribution Transformer capacity connected to the Circle

Distribution
Name of con- Name of con- transformer
S. Name of 220/132 KV Capacity
nected 33 KV nected 11 KV connected
No. S/S In MVA2
S/S Feeder capacity In
KVA

1 220 KV GSS BKN 66 KV GSS 5 F. No. 7 460


F. No. 6 1619
F. No. 8 1773
F. No. 9 241
F. No. 4 306
F. No. 3 350
5 F. No. 5 1422
F. No. 2 328
2 220 KV GSS BKN Pawanpuri 8 Pawanpuri 1335
GAD 284
Camel farm 16
Vallabh Garden 897
3 220 KV GSS BKN PBM 5 Sadulganj 744
PBM 941
5 Allakh Sagar 569
Pawanpuri 1269
4 132 KV GSS Pugal Road Satellite 3.15 Songiri 2670
3.15 Satellite 263
Subhash Road 1444
Jassusar Gate 1313
5 220 KV GSS BKN Main Sub- Station 8 Office 16
Rampuriya 1532
Baghwan 766
Ganga Garden 788
Local No. 2 1532
5 Subhaspura 2079
Ranisar 1422
Ginnani 1532
PHED 109
6 220 KV GSS BKN Kothi-131 5 Circuit House 0

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Distribution
Name of con- Name of con- transformer
S. Name of 220/132 KV Capacity
nected 33 KV nected 11 KV connected
No. S/S In MVA2
S/S Feeder capacity In
KVA

Rath Khana 613


Choutina 0
7 220 KV GSS BKN Khara 5 F. No. 6 722
F. No. 5 657
F. No. 4 2079
F. No. 3 1860
5 F. No. 2 1532
F. No. 1 875
F. No. 7 1751
8 132 KV GSS Pugal Road Beechwal 5 University 219
Haldiram 1094
Nav Lakha 2407
5 Daga 2188
IInd Phase 875
9 220 KV GSS BKN Dairy 5 Road Ways 875
Stadium 875
New RAC 109
Dairy 219
Railway 875
RCP 328
5 Chetak 1532
Water Works 88
Karni Nagar New 875
Karni Nagar Old 547
10 220 KV GSS BKN MN Hospital 5 Stadium 109
Navalsagar 1401
Radhe Shyam 1313
Rastrdoot 613
11 220 KV GSS BKN Ratan Bihari Park 3.15 Choutina 2407
Alakh Sagar 0
12 220 KV GSS BKN Sagar 3.15 Ridmalsar 3064
Himtasar 1751
13 220 KV GSS BKN Udasar 5 Sagar 219
Udasar Pemasar 2626
Jaipur Road 4377
14 220 KV GSS BKN Shivbari 3.15 Shivbari 175
Ambedkar Colony 219
Shiv Mandir 306
Camel Farm 438
15 220 KV GSS BKN Tilak Nagar 5 Challana 766
Khaturiya 438
Tilak Nagar 438
Puran ji Bhata 438

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Distribution
Name of con- Name of con- transformer
S. Name of 220/132 KV Capacity
nected 33 KV nected 11 KV connected
No. S/S In MVA2
S/S Feeder capacity In
KVA

Sophia School 766


LIC 700
16 220 KV GSS Bikaner Rani Bazar - Ist 5 Laxmi Nath 109
Water works 657
Station Road 1138
5 Sharma colony 1094
Vatenary 657
17 220 KV GSS Bikaner Rani Bazar - new 5 City 875
F.No 1 2276
F.No. 2 1751
F.No. 3 328
Karni Industrial
18 132 KV GSS Pugal Road 3.15
Area Fort School 1860
F.No. 1 547
F.No. 2 1094
19 132 KV GSS Pugal Road Mukta Prasad 8 F.No. 3 700
Hospital 985
Rampura 2079
Kabir asharam 1204
20 132 KV GSS Pugal Road Goushala 5 Main Market 1357
Nal 1532
5 New Water Works 1751
Railway 1138
8 Jawahar Nagar 1094
Nathusar 525
Old Water Works 284
Chhatargarh 919
132 KV GSS Karni
21 132 KV GSS Pugal Road 5
Nagar Back 1313
F. No. 1 RIICO-I 1422
F. No. 2 RIICO-II 1204
22 132 KV GSS Bhinasar Vyapar Nagar 5 F. No. 3 RIICO-III 263
Chodhary Colony 1094
Chopra 832
Bothra 985
23 132 KV GSS Bhinasar Bhinasar 5 Garsisar 394
Udayramsar 1860
Palana Road-I 1860
5 Palana Road-II 613
Water works 766
Gangasahar 547
24 132 KV GSS Pugal Road Satellite 3.15 Songiri 2670
3.15 Satellite 263
Subhash Road 1444
Jassusar Gate 1313

31
2016 All rights reserved. Konergy Innovations Private Limited
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Distribution
Name of con- Name of con- transformer
S. Name of 220/132 KV Capacity
nected 33 KV nected 11 KV connected
No. S/S In MVA2
S/S Feeder capacity In
KVA

25 132 KV GSS Pugal Road Beechwal 5 University 219


Haldiram 1094
Nav Lakha 2407
5 Daga 2188
IInd Phase 875
26 132 KV GSS Pugal Road Chetnanand 5 Name of Feeder 1313
Surdhasan Feeder 263
PHED 438
Karmisar 1160
27 132 KV GSS Pugal Road Mohta sarai 5 Nathusar 1926
5 Nathusar 1751
Karni Industrial
132 KV GSS Pugal Road 3.15
Area Fort School 1860
F.No. 1 547
F.No. 2 1094
28 132 KV GSS Pugal Road Mukta Prasad 8 F.No. 3 700
Hospital 985
Rampura 2079
Kabir asharam 1204
29 132 KV GSS Pugal Road Goushala 5 Main Market 1357
Nal 1532
New Water Works 1751
Railway 1138
Jawahar Nagar 1094
Nathusar 525
Old Water Works 284
Chhatargarh 919
132 KV GSS Karni
30 132 KV GSS Pugal Road 5
Nagar Back 1313
F. No. 1 RIICO-I 1422
F. No. 2 RIICO-II 1204
31 132 KV GSS Bhinasar Vyapar Nagar 5 F. No. 3 RIICO-III 263
Chodhary Colony 1094
Chopra 832
Bothra 985
32 132 KV GSS Bhinasar Bhinasar 5 Garsisar 394
Udayramsar 1860
Palana Road-I 1860
5 Palana Road-II 613
Water works 766
Gangasahar 547
33 132 KV GSS Bhinasar Jailwell 5 F.No. 4 2517
City 1313
Gogagate 3611
Baktawar sagar 1094

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5.4 Export / Import Feeders


Export /
Boundary Feeders Metering Metered /Average
Import

Energy Exported to Rural

DLMS
11kV Udaramsar (Jaipur Road) Export
Metered

Average Read
33kV Filter Plant Export
(Sample CMRI)

Energy Import from Rural

Average Read
11kV Himtasar Import
(Sample CMRI)

5.5 Wind power / Open Access Energy

The city circle does not have any wind power and open access consumption for the base year.

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6. Commercial studies

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6. Commercial studies

6.1 Revenue Administration

Verification of billing entries and sorting any variance in


recording of untis or assessment.

Segregating standalone units billed without corresponding


Assessment or realisations

Verifying the units billed through the subdivision and checking


LT Billing Details anomalies as per defined regulations

Sorting energy sales units tariff category wise and evaluating


the Average Billing Rate

Evaluating the ABR against approved Tariff order for the


respective category

Evaluating the applicable Tariff order against Energy charges


per unit for qualifying Revenue Assessments

Tallying the MS14 billings with the Assessment entered in the


Billing Masters forming integral part of the MIS 3.1
MS14 (HT, Vigilance
and Temporary)
categories Segregating the MS14 input advices on the grounds of Billing
process adhered to as per the RERC TCoS 2004

Evaluating each billing components and analysing variances in


the billing procedures if any.

Studying the Debit and Credit effects of the sundry units

Evaluating the billed units as per the guidelines of the RERC


TCOS 2004 amended up to 2015

CB (Sundry input Studying input Advises as per relevant category of adjustment


advises) and observing anomalies in treatment of such adjustments.

Cross verifying adjustments

MS14 VCR cases doubly entered in CB for appropriate


rectification in the bills but reflecting double credit of units

35
2016 All rights reserved. Konergy Innovations Private Limited
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KNERGY
6.2 Energy Sales as on FY 2015-16 (Baseline)

Assessment Assessment Assessment LT


Month / Category Unit Sales Board Dues
ED WCC UC Subsidy
April 2015 33,710,238 245,278,564 11,846,457 1,713,957 3,533,373 -5,318,248
Domestic 13,838,693 92,591,147 5,203,307 870 1,337,319 -1,606,755
Commercial 5,065,442 44,782,029 1,919,289 463,068 673,302 -
Public Street Light -816,530 -3,405,994 559,704 139,926 209,000 -
Agriculture Metered 1,519,489 6,298,330 44,497 - - -3,703,320
Agriculture Flat 2,890 15,375 87 - - -8,173
Agriculture Nursery - - - - - -
Agriculture Poultry - - - - - -
Small Industries 1,374,797 9,581,771 521,568 130,033 171,091 -
Medium Industries 4,776,675 38,391,182 1,691,829 470,978 505,366 -
Large Industries 4,946,574 36,044,380 1,835,593 494,657 616,035 -
Mix Load 3,002,208 20,980,345 70,583 14,425 21,262 -
Controlled Stations - - - - - -
Traction Electric Railway - - - - - -
Other States Cons. - - - - - -
May 2015 46,103,423 315,261,752 14,925,237 2,051,250 4,615,945 -11,013,388
Domestic 18,115,072 115,844,808 6,906,912 372 1,973,494 -1,248,760
Commercial 6,165,874 53,408,390 2,358,862 583,876 841,015 -
Public Street Light 2,734,020 20,088,010 1,088,179 272,045 407,036 -
Agriculture Metered 3,671,328 12,337,749 161,464 - 1,082 -9,758,145
Agriculture Flat 1,503 9,519 53 - - -6,483
Agriculture Nursery - - - - - -
Agriculture Poultry - - - - - -
Small Industries 1,497,165 9,781,063 582,730 146,155 188,705 -
Medium Industries 5,377,000 38,700,807 1,895,417 525,797 547,081 -
Large Industries 5,166,889 37,674,200 1,906,385 516,689 648,618 -
Mix Load 3,374,572 27,417,206 25,234 6,316 8,913 -
Controlled Stations - - - - - -
36
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KNERGY
Assessment Assessment Assessment LT
Month / Category Unit Sales Board Dues
ED WCC UC Subsidy
Traction Electric Railway - - - - - -
Other States Cons. - - - - - -
June 2015 43,418,258 302,884,963 14,709,948 1,844,345 4,736,292 -4,289,131
Domestic 19,568,009 119,573,168 7,556,067 9,009 2,351,961 -1,043,486
Commercial 6,837,368 57,970,858 2,616,837 655,047 948,671 -
Public Street Light 1,680,134 13,070,136 589,418 147,354 220,240 -
Agriculture Metered 1,097,915 4,575,921 40,399 - - -3,237,864
Agriculture Flat 1,425 11,250 64 - - -7,780
Agriculture Nursery - - - - - -
Agriculture Poultry - - - - - -
Small Industries 1,673,346 10,869,787 624,386 156,330 203,501 -
Medium Industries 4,603,849 33,716,762 1,629,819 450,053 473,469 -
Large Industries 4,200,380 37,778,309 1,618,999 420,038 529,155 -
Mix Load 3,755,832 25,318,771 33,958 6,515 9,295 -
Controlled Stations - - - - - -
Traction Electric Railway - - - - - -
Other States Cons. - - - - - -
July 2015 51,209,730 369,142,728 17,269,060 2,119,588 5,630,637 -11,723,718
Domestic 23,124,503 149,057,386 8,958,643 696 2,877,690 -1,038,297
Commercial 7,379,008 67,807,215 2,889,983 708,534 1,020,378 -
Public Street Light 1,949,402 16,469,871 838,606 212,129 313,820 -
Agriculture Metered 2,851,617 13,343,108 112,673 - - -10,677,640
Agriculture Flat 1,381 11,250 64 - - -7,780
Agriculture Nursery - - - - - -
Agriculture Poultry - - - - - -
Small Industries 1,580,002 12,021,806 595,318 149,837 200,185 -
Medium Industries 5,312,063 45,994,609 1,967,524 539,995 567,776 -
Large Industries 4,904,832 36,214,078 1,834,555 490,474 624,325 -
Mix Load 4,106,922 28,223,405 71,694 17,924 26,463 -
Controlled Stations - - - - - -
Traction Electric Railway - - - - - -
Other States Cons. - - - - - -
37
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KNERGY
Assessment Assessment Assessment LT
Month / Category Unit Sales Board Dues
ED WCC UC Subsidy
August 2015 49,756,799 346,315,138 17,056,761 2,066,952 5,671,057 -4,489,755
Domestic 23,417,117 146,888,932 9,106,223 424 2,988,693 -1,318,045
Commercial 7,887,856 67,812,405 3,047,707 760,826 1,106,229 -
Public Street Light 1,483,230 12,032,374 594,602 148,650 222,479 -
Agriculture Metered 960,571 4,189,869 33,759 - - -3,163,930
Agriculture Flat 1,381 12,529 73 - - -7,780
Agriculture Nursery - - - - - -
Agriculture Poultry - - - - - -
Small Industries 1,524,278 9,580,525 544,244 136,872 173,307 -
Medium Industries 5,109,608 38,457,058 1,826,638 505,569 530,574 -
Large Industries 5,044,988 36,895,893 1,863,077 504,499 635,159 -
Mix Load 4,327,770 30,445,552 40,440 10,110 14,616 -
Controlled Stations - - - - - -
Traction Electric Railway - - - - - -
Other States Cons. - - - - - -
September 2015 54,069,360 364,008,523 18,021,227 2,071,306 5,906,926 -11,880,586
Domestic 25,806,134 156,713,950 9,990,868 1,718 3,242,639 -818,924
Commercial 7,688,728 66,092,187 2,961,076 740,524 1,059,436 -
Public Street Light 1,421,568 11,193,431 545,814 136,454 201,874 -
Agriculture Metered 3,102,472 14,328,125 118,302 - - -11,053,881
Agriculture Flat 1,514 11,250 64 - - -7,780
Agriculture Nursery - - - - - -
Agriculture Poultry - - - - - -
Small Industries 1,425,460 9,161,487 545,867 136,757 182,251 -
Medium Industries 5,237,196 40,017,695 1,873,122 519,451 539,306 -
Large Industries 5,261,346 38,379,279 1,944,853 526,087 666,460 -
Mix Load 4,124,942 28,111,121 41,261 10,315 14,961 -
Controlled Stations - - - - - -
Traction Electric Railway - - - - - -
Other States Cons. - - - - - -
October 2015 48,966,193 331,834,029 16,729,474 1,997,391 5,502,356 -3,896,620
Domestic 23,535,357 143,710,037 9,120,510 2,256 2,967,069 -1,061,852
Commercial 7,099,404 60,241,847 2,702,010 691,900 967,971 -
38
2016 All rights reserved. Konergy Innovations Private Limited
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KNERGY
Assessment Assessment Assessment LT
Month / Category Unit Sales Board Dues
ED WCC UC Subsidy
Public Street Light 1,483,381 11,861,492 569,388 138,709 210,127 -
Agriculture Metered 890,820 3,927,901 25,944 - - -2,826,988
Agriculture Flat 3,124 12,500 72 - - -7,780
Agriculture Nursery - - - - - -
Agriculture Poultry - - - - - -
Small Industries 1,410,662 9,207,327 515,862 129,156 167,420 -
Medium Industries 5,221,749 37,110,718 1,831,993 506,542 521,968 -
Large Industries 5,154,486 38,075,406 1,910,196 515,452 648,086 -
Mix Load 4,167,210 27,686,801 53,499 13,375 19,715 -
Controlled Stations - - - - - -
Traction Electric Railway - - - - - -
Other States Cons. - - - - - -
November 2015 52,383,658 351,519,672 17,204,473 2,080,113 5,613,711 -12,160,347
Domestic 23,680,630 144,895,659 9,124,663 3,949 2,950,295 -844,621
Commercial 7,424,526 63,549,417 2,836,027 711,221 1,019,147 -
Public Street Light 1,453,949 12,252,263 574,206 143,552 213,894 -
Agriculture Metered 3,974,879 14,623,153 156,261 - - -11,307,945
Agriculture Flat 1,974 11,250 64 - - -7,780
Agriculture Nursery - - - - - -
Agriculture Poultry - - - - - -
Small Industries 1,307,081 8,507,787 500,474 125,577 162,607 -
Medium Industries 5,275,562 39,171,064 1,891,000 522,041 545,943 -
Large Industries 5,611,335 43,403,929 2,074,546 561,965 704,511 -
Mix Load 3,653,722 25,105,150 47,232 11,808 17,314 -
Controlled Stations - - - - - -
Traction Electric Railway - - - - - -
Other States Cons. - - - - - -
December 2015 40,196,946 277,657,339 13,587,000 1,813,883 4,306,536 -4,351,563
Domestic 17,608,986 109,685,440 6,691,571 1,645 2,006,147 -1,145,773
Commercial 5,564,875 48,044,191 2,061,990 517,355 749,513 -
Public Street Light 1,710,180 13,092,524 674,424 164,628 249,560 -
Agriculture Metered 1,168,826 4,116,570 15,370 - - -3,196,454
Agriculture Flat 2,538 13,500 77 - - -9,336
39
2016 All rights reserved. Konergy Innovations Private Limited
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KNERGY
Assessment Assessment Assessment LT
Month / Category Unit Sales Board Dues
ED WCC UC Subsidy
Agriculture Nursery - - - - - -
Agriculture Poultry - - - - - -
Small Industries 1,140,485 7,942,903 422,296 116,106 151,145 -
Medium Industries 4,720,429 35,961,073 1,676,112 464,861 458,847 -
Large Industries 5,407,562 39,233,840 2,011,036 540,757 678,777 -
Mix Load 2,873,065 19,567,299 34,123 8,531 12,548 -
Controlled Stations - - - - - -
Traction Electric Railway - - - - - -
Other States Cons. - - - - - -
Jan 2016 43,676,091 284,216,725 12,872,835 1,914,839 3,893,698 -13,024,069
Domestic 15,145,407 93,385,803 5,633,125 1,959 1,492,451 -872,744
Commercial 5,579,378 49,396,609 2,087,291 523,047 740,655 -
Public Street Light 1,658,995 12,971,078 615,631 157,143 219,786 -
Agriculture Metered 4,725,024 15,685,000 182,417 - - -12,143,545
Agriculture Flat 2,115 11,333 64 - - -7,780
Agriculture Nursery - - - - - -
Agriculture Poultry - - - - - -
Small Industries 1,598,543 7,057,648 433,809 109,394 141,258 -
Medium Industries 5,186,829 37,934,289 1,791,599 501,668 512,411 -
Large Industries 6,123,048 43,168,047 2,091,690 612,326 773,484 -
Mix Load 3,656,752 24,606,917 37,210 9,302 13,653 -
Controlled Stations - - - - - -
Traction Electric Railway - - - - - -
Other States Cons. - - - - - -
Feb 2016 37,801,615 259,041,596 11,865,595 1,866,384 3,528,502 -4,076,827
Domestic 12,854,745 80,744,663 4,785,069 1,794 1,156,439 -1,077,962
Commercial 5,181,854 47,061,868 1,895,807 480,010 688,191 -
Public Street Light 2,626,129 15,716,411 762,220 190,555 283,708 -
Agriculture Metered 1,145,682 4,109,669 26,331 - - -2,991,084
Agriculture Flat 1,974 11,250 64 - - -7,780
Agriculture Nursery - - - - - -
Agriculture Poultry - - - - - -
Small Industries 1,132,743 7,647,281 430,840 108,315 140,077 -
40
2016 All rights reserved. Konergy Innovations Private Limited
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KNERGY
Assessment Assessment Assessment LT
Month / Category Unit Sales Board Dues
ED WCC UC Subsidy
Medium Industries 5,180,114 36,970,701 1,821,810 507,051 526,220 -
Large Industries 5,688,181 41,036,843 2,104,084 568,817 719,411 -
Mix Load 3,990,193 25,742,910 39,370 9,842 14,458 -
Controlled Stations - - - - - -
Traction Electric Railway - - - - - -
Other States Cons. - - - - - -
March 2016 36,594,393 246,878,766 12,113,776 1,779,583 3,503,585 -12,501,005
Domestic 12,851,684 80,613,689 4,799,456 216 1,207,119 -806,804
Commercial 4,950,810 44,396,386 1,827,974 461,591 729,929 -9
Public Street Light 246,146 4,081,924 854,644 212,964 319,653 -
Agriculture Metered 4,161,017 14,271,724 156,872 - - -11,687,967
Agriculture Flat 1,692 9,000 51 - - -6,224
Agriculture Nursery - - - - - -
Agriculture Poultry - - - - - -
Small Industries 991,122 6,365,258 362,089 91,714 118,565 -
Medium Industries 4,761,567 34,694,805 1,669,477 467,036 501,055 -
Large Industries 5,377,882 38,246,976 2,410,112 537,788 614,929 -
Mix Load 3,252,473 24,199,004 33,102 8,276 12,335 -
Controlled Stations - - - - - -
Traction Electric Railway - - - - - -
Other States Cons. - - - - - -

Grand Total 537,886,704 3,694,039,796 178,201,840 23,319,590 56,442,619 -98,725,255

41
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KNERGY Franchisee town Bikaner City Circle for FY 2015-16

7. Evaluation of baseline

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2016 All rights reserved. Konergy Innovations Private Limited
Independent Review of Energy Audit Methodology for Distribution

KNERGY Franchisee town Bikaner City Circle for FY 2015-16

7. Baseline studies

7.1 Field Survey


While conducting the techno commercial evaluation of the baseline data as illustrated under
chapter 4 of the report. The following field observations have been compiled while evaluating the
system health.

The field survey observations of Bikaner City Circle are as follows:

1. EHVs serving the Designated Area


Injection substations feeding the designated area have been covered under the survey where in
all Injection substations have been surveyed and energy records of the feeders serving energy
within the designated area of study as well as share and crossover feeders have been also studied.

2. Input calculations methodology


The input energy has bene considered for one month prior energy sales. Thus input data has been
considered from March 2015 to February 2016. In order to calculate the net energy injected to
the Circle. The City Circle does not have any Open Access energy and Wind energy to be reduced
from the Gross Energy drawl, thus only Energy exports adjustments have been also adjusted from
the gross energy drawl from M/s RVPN (Transmission).

3. Validation of the energy input data


The energy injected through EHV Substation is jointly recorded by M/s RVPN (Transmission) as
well as by the office of SE (M&P) of Jodhpur Discom. The energy injected through all the
Injection Substations are recorded at the Feeder meters and hourly readings of such meters are
maintained in Substation log books.

4. Open Access / wind


The open access as well as wind power input has been exclusively accounted by the office of AO
(HT Billing). The month wise records of such inputs have been collated through the office of AO
(HT Billing) and have been further verified through the records of SE (M&P) and SE (O&M
Bikaner City Circle) to have an authentic assessment.

5. Verification of metering health


Verification of the energy records shared by the M&P was performed through the data available
in log books at the respective Substations. The meter health was also reviewed and any specific
replacement of meters or CT/PT has been identified and readings have been corrected
accordingly. No log book or energy records for Distribution Transformer meters have been
observed during the course of the survey. The data has been also centrally verified through the
office of Feeder Manager (BCC).

6. Energy sales verification


The energy sales data has been sought form the office of SE (IT); physical copies of the MIS have
been also sought from the office of Accounts Officer (Bikaner City Circle). It was observed during
the course of field study that the energy sales data had been through several revisions and thus
the physical records of MIS at the subdivision offices have been mostly relied for analysing energy
sales.

7. T&D Loss verification


The verification of T&D Losses has been done through re-computing of the T&D Losses based on
independently verified energy input and energy sales as mentioned above.

43
2016 All rights reserved. Konergy Innovations Private Limited
Independent Review of Energy Audit Methodology for Distribution

KNERGY Franchisee town Bikaner City Circle for FY 2015-16

8. SCADA project
The designated area has fresh feeder meters installations as part of the SCADA implementation
in Bikaner City Circle. However the processes of manual recording of hourly energy readings are
maintained in the log books. The feeder wise energy accounting details are also outsourced.

7.2 Secondary Data Baseline Information

7.2.1 Representative map of Bikaner City Circle

7.3 Baseline synopsis from the office of A.O. (Bikaner City Circle):
The baseline date pertinent to Energy input, Energy sales and the Distribution Losses of Bikaner
City Circle facilitated by the office of Accounts Officer (Bikaner City Circle) are as follows:

Baseline of Bikaner City Circle FY 2015-16

Energy Input (MUs) 601.27

Unit Sold (MUs) 537.89

T&D Loss (%) 10.47%

Average Billing Rate, Board Dues basis (Rs. Per unit) 6.87

44
2016 All rights reserved. Konergy Innovations Private Limited
Independent Review of Energy Audit Methodology for Distribution

KNERGY Franchisee town Bikaner City Circle for FY 2015-16

7.4 Baseline verification approach


The stage wise verification adhered to evaluate Energy transaction and its appropriate recording
is elaborated below along with necessary observations recorded by the designated techno
commercial team of Konergy as well as the Working Group:

Input energy verification approach

Data verification of energy Drawl through data available at the office of


SE (M&P) Jodhpur Discom, SE (EA) RVPN, SE (TCC) RVPN.
Energy export / import verification through the office of SE (O&M) of
the associated Circles such as Bharatpur circle, Jodhpur District Circle
and Dausa Circle.
Open Access Billing and Wind power drawls verification through the
office of AO (HT Billing) and sample verification of billing invoices and
the billing process adhered to.
Injetion Feeder wise study of sample 33kV incoming feeders through
reading of corresponding 11kV feeders by assessment of incomming
and outgoing energy study by Log book and CMRI readings of the
respective feeders.

Energy Sales verification approach

Verficiation of MS14 Billing components against the RERC regulations


and approved billing process and systems.
Verficiation of CB (Sundry Input Advices) Billing components against
the RERC regulations and approved billing process and systems.
Verification of Agriculture billing of Flat and metered Agriculture
consumers.
Average Billing cases and Guidelines for such billings as per the
regulations set forth by Jodhpur discom under guidance of RERC and
Electricity Act 2003.

7.5 Approach for Independent assessment of Energy input to Bikaner


City Circle
This section focuses at accomplishing an independent assessment study through
ascertaining accurate net input energy in Bikaner City Circle for the base year of FY 2015-
16. The methodology for ascertaining the input energy for FY 2015-16 has been adhered
in compliance with RERC guidelines and updated circulars issued by Chairman Rajasthn
Discoms, MD Jodhpur Discom and department circulars (Key regulations associated to
billing processes are also illustrated in Annexure A of this report). It is pertinent to
mention here that the practice for recording input energy is one month prior the energy
sales month for having an even-handed assessment of Energy Input vis--vis Energy
Sales. Thus, the energy sales accounted for the month of April 2015 is for the Energy

45
2016 All rights reserved. Konergy Innovations Private Limited
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KNERGY Franchisee town Bikaner City Circle for FY 2015-16

injected in the month of March 2015, ascertaining one month billing cycle for Meter
Reading and Bill processing against relevant input energy of the month.

Step 2
Step
St ep 1 Step 3 Step 4
Feeder Input
Baseline Input from Correction off
energy Energy
Collation
ion EHVs Deviations
records

Step 1 Collation of baseline information


The requisite baseline details were compiled through the office of concerning functional
heads / authorities and were subsequently verified through field survey or possible
secondary source. Sample study of each baseline have been also conducted to
comprehend in detail as well as record the process of maintaining such details with the
Functional heads and verification sources as well as deviation observed if any have been
also highlighted to ensure transparent reporting.

Baseline Data Functional heads Verifications source

Collating network configurations Feeder Manager XEN (O&M) for each


of Bikaner City Circle (O&M) Division

Feeder wise details, metering


XEN (M&P) Bikaner
health and accuracy class of all CE (T&C) RVPN
City
the injection points
Details of 33kV and 11kV XEN (M&P) Bikaner
XEN (O&M) for each
crossover points and health of City
Division
metering of such points.

Details of Open Access and wind


power consumers within Bikaner
City Circles and accurate XEN (O&M) for each
AO (HT Billing)
accounting of energy sales and Division
billing assessments and
realisation.

Any malignancy observed while accounting Energy Input or Energy assessed has been
indicated exclusively, along with the possible cause of such record deliberated with the
authority.

Field verification of all the baseline data through sample sizing has also been conducted
by the techno commercial team of experts deputed by Konergy over the assignment. Any
deviations observed during the practical survey have been discussed with the authorities
to seek appropriate justification and any further despondence has been highlighted in
the report as variance.

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Step 2 Feeder wise Energy records


An alternative approach has been observed for validation of the baseline information
collated under step 1. The approach focuses at sample sizing of parent 33kV feeders
feeding Bikaner City Circle from the respective injection Substation and equating the
energy recorded through corresponding 11kV feeders summing up with energy recorded
at the Bus coupler.

Step 3 Verification of energy records


The energy data records through available CMRI meters have been collated and verified
with the Log book records in order to study variations in energy records if any and
further assess possible accuracy levels of the given energy baseline records. It is
important to note that the CMRI readings of all feeders were not available even after
several efforts. Thus, energy records for the available CMRIs have been assessed as a
sample study.

Step 4 Treatment of Variations


Log book records maintained at Substations were compared with meter records as
captured by MRI based meter readings. A deviation factor has been calculated for input
energy based on monthly MRI data available for each feeder (Injection point) and as per
the log book.

Energy injected
Sample Log book CMRI Benchmark Deviation
through Bus
Study data data Energy Factor
coupler
I E=C+D (F) = (E-B)/B
II E=C (F) = (E-B)/B
III E=B (F) = (E-B)/B
IV E=B (F) = (E-B)/B

Case 1: In case MRI based meter reading is not available, the energy injected
information/data as per the log book has been considered

Case II: Deviation less than .5% has been ignored considering the time stamp variation
between MRI reading and log-sheet reading. MRI readings have been considered when
the readings are available.

Case III: Deviations of more than .5% have been dealt on case to case basis with the field
officials.

47
2016 All rights reserved. Konergy Innovations Private Limited
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KNERGY
7.6 Energy Drawl verification:
The energy drawl details for each of GSS have been verified through the office of EA (RVPN), CE (T&C) RVPN and the office of SE (M&P) for accurate
assessment of Feeder wise energy drawl and their respective metering health. The summary of energy drawl EHV GSS wise is hereunder:
LUs

Consump-
FEEDER / EQUIPMENT Mar-15 Apr-15 May-15 Jun-15 Jul-15 Aug-15 Sep-15 Oct-15 Nov-15 Dec-15 Jan-16 Feb-16
tion
Bikaner 220/132/33 kV
33 KV I/C 1 7,507,500 8,353,500 10,326,000 9,973,500 9,861,000 10,485,000 11,106,000 9,736,500 6,894,000 7,623,000 8,893,500 7,971,000 108,730,500
33 KV I/C 2 7,875,000 8,508,000 10,366,500 10,176,000 10,039,500 11,013,000 11,319,000 9,789,000 6,190,500 7,743,000 9,046,500 8,118,000 110,184,000
33 KV I/C 3 13,387,400 14,816,900 18,524,400 18,161,600 17,522,900 19,273,700 20,305,800 17,624,100 12,300,900 13,590,800 15,800,789 14,202,000 195,511,289
33 KV O/G FDR NO. 1 1,786,000 2,655,000 690,000 0 3,356,000 3,284,000 3,126,000 2,603,000 1,681,000 1,863,000 1,939,000 1,666,000 24,649,000
33 KV O/G FDR NO. 2 1,180,000 4,429,000 6,012,000 4,941,000 2,575,000 1,461,000 3,294,000 5,116,000 3,247,000 3,869,000 4,636,000 3,631,000 44,391,000
33 KV O/G FDR NO. 3 (RURAL) 661,000 444,000 538,000 966,000 934,000 853,000 778,000 85,000 0 24,000 198,000 0 5,481,000
33 KV O/G FDR NO. 4 493,000 1,505,000 2,281,000 612,000 501,000 1,061,000 2,282,000 1,959,000 903,000 865,000 3,001,000 2,537,000 18,000,000
33 KV O/G FDR NO. 5 765,000 924,000 864,000 1,067,000 1,060,000 1,027,000 1,124,000 963,000 782,000 969,000 973,000 1,006,000 11,524,000
33 KV O/G FDR NO. 6 2,702,079 760,415 4,204,160 4,764,576 3,835,411 3,391,661 4,139,577 3,760,411 2,883,329 2,914,579 3,039,578 2,643,746 39,039,521
33 KV O/G FDR NO. 7 1,400,000 1,829,000 2,460,000 2,604,000 2,386,000 1,743,000 445,000 1,428,000 1,298,000 1,408,000 1,486,000 1,194,000 19,681,000
33 KV O/G FDR NO. 8 (RURAL) 2,373,000 1,264,000 1,420,000 2,219,000 1,947,000 3,231,000 4,224,000 3,712,000 3,061,000 4,026,000 4,253,000 4,328,000 36,058,000
33 KV O/G FDR NO. 9 2,951,000 3,446,000 5,008,000 2,602,000 0 4,960,000 4,407,000 3,554,000 2,392,000 2,716,000 2,799,000 2,494,000 37,329,000
33 KV O/G FDR NO. 10 1,601,000 1,641,000 1,846,000 2,027,000 2,142,000 2,151,000 2,061,000 1,784,000 1,481,000 2,120,000 2,263,000 1,864,000 22,981,000
33 KV O/G FDR NO. 11 2,731,000 3,859,000 5,295,000 6,103,000 5,867,000 5,613,000 5,344,000 4,460,000 2,906,000 3,055,000 3,028,000 2,744,000 51,005,000
33 KV O/G FDR NO. 12 4,178,000 1,779,000 3,246,000 3,034,000 5,452,000 6,899,000 3,696,000 1,954,000 782,000 1,465,000 1,653,000 1,402,000 35,540,000
33 KV O/G FDR NO. 13 0 0 0 0 0 0 0 0 0 0 0 0 -
33 KV O/G FDR NO. 14 750,868 472,368 517,912 492,004 422,836 626,349 1,038,636 746,470 537,081 406,768 485,872 472,214 6,969,378
33 KV O/G FDR NO. 15 12,600 21,500 11,300 6,000 30,700 0 0 0 20,300 5,500 28,300 30,000 166,200
33 KV O/G FDR NO. 16 (RURAL) 1,970,000 1,098,000 1,148,000 1,536,000 1,732,000 2,960,000 3,747,000 3,045,000 2,455,000 2,870,000 3,174,000 3,220,000 28,955,000
33 KV B/C - BIKANER CITY 2,970,000 5,205,000 3,291,000 5,058,000 4,271,000 1,635,000 2,568,000 1,730,000 648,000 93,000 361,000 747,000 28,577,000
Bhinasar 132/33 kV
33 KV I/C 01 6,480,000 6,215,400 8,130,000 8,460,000 7,841,400 8,042,400 10,902,000 10,100,000 7,600,000 8,298,500 9,271,788 7,630,500 98,971,988
33 KV I/C 02 6,541,993 6,268,327 8,209,325 8,511,658 7,898,992 9,015,991 10,974,989 10,046,323 7,629,659 8,456,658 9,416,163 8,785,500 101,755,579
33 KV I/C 03 6,633,808 6,273,776 8,344,432 8,841,380 8,178,880 9,203,590 11,202,230 10,267,450 7,755,000 8,596,500 9,585,000 8,932,500 103,814,546
33 KV O/G FEEDER NO 01 5,760,000 6,870,000 8,760,000 8,715,000 7,890,000 4,605,000 1,215,000 465,000 375,000 390,000 375,000 600,000 46,020,000
33 KV O/G FEEDER NO 02 3,855,000 6,120,000 8,445,000 5,790,000 5,445,000 5,085,000 2,985,000 2,370,000 960,000 885,000 1,095,000 885,000 43,920,000
33 KV O/G FEEDER NO 03 R 5,790,000 3,405,000 4,260,000 5,445,000 6,030,000 6,825,000 6,285,000 2,490,000 2,100,000 2,475,000 2,775,000 2,550,000 50,430,000
33 KV O/G FEEDER NO 04 R 4,230,000 2,430,000 3,018,000 5,562,000 4,070,000 6,360,000 990,000 3,135,000 4,860,000 5,550,000 6,885,000 6,240,000 53,330,000
33 KV O/G FEEDER NO 05 0 0 0 0 0 3,263,058 8,155,979 5,590,605 4,541,428 5,037,156 5,362,432 4,876,478 36,827,136
33 KV O/G FEEDER NO 06 0 0 0 0 0 84,854 4,333,761 5,469,554 4,327,192 4,513,416 4,346,018 3,570,719 26,645,514
33 KV O/G FEEDER NO 07 R 0 0 0 0 0 0 2,581,642 7,493,566 3,630,126 3,169,523 3,538,356 3,447,650 23,860,863
33 KV O/G FEEDER NO 08 R 0 0 0 0 0 0 6,450,000 3,300,000 1,889,064 3,233,497 4,006,654 4,205,142 23,084,358

48
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KNERGY
Consump-
FEEDER / EQUIPMENT Mar-15 Apr-15 May-15 Jun-15 Jul-15 Aug-15 Sep-15 Oct-15 Nov-15 Dec-15 Jan-16 Feb-16
tion
Pugal 132/33 kV
33 KV I/C 01 7,346,000 8,207,000 6,114,000 8,861,000 9,291,000 8,621,000 6,967,000 7,380,000 6,551,000 6,848,513 5,998,000 5,757,000 87,941,513
33 KV I/C 02 7,721,000 8,623,000 6,442,000 14,529,000 15,606,000 14,490,000 11,918,000 12,226,000 11,259,000 12,593,000 10,180,000 9,773,000 135,360,000
33 KV O/G FEEDER NO.1 0 0 0 0 0 0 0 0 0 0 0 0 -
33 KV O/G FEEDER NO.2 2,300,000 2,235,000 1,599,000 1,879,000 4,719,000 4,446,000 3,617,000 4,451,000 5,953,000 6,385,000 3,316,000 3,403,000 44,303,000
33 KV O/G FEEDER NO.3 RURAL 760,000 830,000 615,000 757,000 795,000 999,000 1,066,000 1,053,000 911,000 1,010,000 1,028,000 993,000 10,817,000
33 KV O/G FEEDER NO.4 3,110,000 3,426,000 2,249,000 3,729,000 3,858,000 3,837,000 3,527,000 3,260,000 2,312,000 2,934,000 2,908,000 2,389,000 37,539,000
33 KV O/G FEEDER NO.5 RURAL 538,200 556,416 325,368 490,608 536,688 557,712 564,048 589,896 554,400 672,552 711,072 664,128 6,761,088
33 KV O/G FEEDER NO.6 RURAL 1,458,000 1,580,000 1,406,000 1,816,000 1,965,000 1,973,000 1,902,000 1,849,000 1,425,000 1,664,000 1,731,000 1,570,000 20,339,000
33 KV O/G FEEDER NO.7 3,656,000 4,544,000 3,164,000 4,876,000 5,164,000 5,180,000 5,020,000 4,759,000 3,416,000 3,998,000 3,003,000 1,633,000 48,413,000
33 KV O/G FEEDER NO.8 1,353,600 1,339,200 1,656,000 3,729,600 3,988,800 3,067,200 0 0 144,000 0 360,000 1,886,400 17,524,800
33 KV O/G FEEDER NO.9 894,800 1,246,264 648,992 5,072,312 2,813,712 1,943,648 2,050,152 2,492,584 2,035,320 1,495,401 1,853,808 1,742,835 24,289,828
11 KV I/C FROM 5 MVA TR. 996,400 1,073,120 892,640 1,040,480 1,056,800 1,107,440 1,138,800 1,151,520 1,059,280 1,282,560 1,267,120 1,203,600 13,269,760
11 KV O/G FEEDER NO.1 302,180 335,220 286,800 316,780 340,180 341,120 336,220 363,980 304,540 387,140 387,940 364,580 4,066,680
11 KV O/G FEEDER NO.2 491,520 508,860 413,960 492,120 536,160 552,440 529,480 514,280 456,240 544,200 522,620 501,400 6,063,280
11 KV O/G FEEDER NO.3 R 1,560 1,980 1,200 400 100 0 0 0 0 0 46,100 24,280 75,620
11 KV O/G FEEDER NO.4 R 147,900 159,580 138,680 179,280 130,780 148,500 189,220 186,520 227,400 251,220 255,780 243,280 2,258,140
11 KV O/G FEEDER NO.5 R 52,360 66,200 51,040 51,040 48,960 64,620 66,720 72,400 62,360 87,500 85,100 83,440 791,740

Gross Drawl of Bikaner City Circle 675,464,337

7.7 Variation in 33kV incoming readings

33 KV O/G FEEDER NO.9 (Satellite Feeder) emanating from Pugal 132/33kV have been found unmetered and the energy drawl
associated to the feeder have been accounted with the following methodology:

Less: Log Book


reading of all 33kV
Gross consumption at Gross drawl of 33kV
outgoing (Rural & = 33kV O/g Feeer 9
132kV HV side of the Incommer +
City), Aux., B/c and consumption
transformer Transformer Loss
5MVA Transfoemr
consumtion

The average monthly load have been also reviewed to ensure closer to actual reading of 33kV O/G Satellite feeder. The drawl has been
also verified through HV reading of the 132kV transformer and then deducing pertinent 33kV Incoming and Outgoing readings.

49
2016 All rights reserved. Konergy Innovations Private Limited
Independent Review of Energy Audit Methodology for Distribution

KNERGY Franchisee town Bikaner City Circle for FY 2015-16

7.8 Energy Export

The Export energy points have been accounted as part of the baseline information facilitated by
the SE (O&M) Bikaner City Circle. The given baseline data has been verified with the AEN of
Subdivision D8, Feeder Manager (BCC) and SE (O&M) Bikaner City Circle.

Energy Exports From Bikaner City Circle As Per Energy Records


S.no. Description FY15-16
Energy Export through 11kV Udramsar
Consumer data wise estimation of energy
A
export out of absence of any monthly reading.
Total export consumers on 11kV Feeder Meters 9
Average Load per consumer HP 25
Estimated - Per Day energy exported in rural Units 1678.5
Estimated - Monthly energy exported in rural Units 50,355
Energy exported in rural Units 612,653
DLMS Meter Load wise estimation of energy
Avg. Load extracted from archive reading Kw 153
Estimated - Annual energy exported Units 557,830
Estimated - Annual energy exported in rural Units 612,653

Energy Export through 33kV Filter Plant


(SDO D2)
B 2 feeders CMRI Reading for the month of July 2016
Average Consumption for one month kwh 266,583
Max Load (Aug 2016 CMRI) kw 464
Estimated - Annual energy exported in rural Units 3,198,996
Energy exported in rural Units 612,653
Total Estimated Energy Export for FY16 Units 3,811,649

7.9 Energy Import


There are no Energy import points accounted in the baseline information facilitated by the office
of SE (O&M) Bikaner City Circle, SE (M&P) as well as the baseline signoff facilitated through the
offices.

The following import feeder was ascertained based on the physical survey and discussions held
with the office of SE (O&M), BCC and Feeder Manager (BCC). Thus, following Import point has
been accounted in the drawl on estimation of one month system based and dependable CMRI
reading from the office of SE (O&M), Bikaner City Circle.

Energy Imports From Bikaner District Circle (rural)


S.no. Description FY15-16

Energy Import at 33/11kV Himtasar GSS


CMRI Reading base assessment for Energy Im-
A
port
Drawl from Bikaner 220kV (EHV), BCC Consumption kwh 492,793
Estimated consumption for base year (May, June,
kwh 3,942,344
Sept 2015 to Feb 2016 = 8 months)
Estimated - Annual energy Import Units 3,942,344

50
2016 All rights reserved. Konergy Innovations Private Limited
Independent Review of Energy Audit Methodology for Distribution

KNERGY Franchisee town Bikaner City Circle for FY 2015-16

7.10 Open Access energy


No Open Access consumers have been accounted by the office of SE (Commercial HT Billing), SE
(M&P), AO (BCC) and the given billing data as baseline.

7.11 Wind power credit


No wind power energy is credited within the designated are of Bikaner City Circle.

7.12 Auxiliary Consumption, Injection Substation wise:


The energy is used for Substation consumption and system uptime, we have only considered
Bikaner city circle share on consumption wise ratio.

Aux.
No. Name of 220/132KV GSS
Consumption
1 220 kV Bikaner 168,607

2 132 KV Bhinasar 27,854

3 132KV Pugal 27,002

Total Aux. Energy for Bikaner City Circle 223,463

7.13 Sample feeder wise Energy Injection point survey


A sample survey for selective injection feeders have been conducted by the working group in order
to verify the health of feeder meters and assess its reliability as part of baseline. The Log book
readings of all feeders emanating from the respective 33/11kV GSS were verified from respective
AENs and subsequently vetted with the baseline data received. The Working Group team
comprising of techno-commercial experts from Konergy also verified data from the RVPN and
surveyed accuracy and health of the input meters at the EHVs and 33/11kV Substation. The team
also reviewed energy recording at all the 33/11kV Substations and EHV incomers at a specific
hour of the day, for five consecutive days to cross verify the meter accuracy and relevant MF.
Further, all energy recorded at all incomer and outgoing feeders was also reviewed monthly from
each EHV S/s and 33/11kV S/s to identify any deviation in readings. Any feeder specific deviation
factor has been applied to the given data if observed and these deviations are highlighted feeder
wise.

Treatment of Deviation
It has been observed that there is a deviation/variation in energy recorded in incomer feeders (33
KV or 11 KV) and outgoing feeders (33 KV or 11 KV) at same Substation. Subsequently over
detailed analysis, it has been observed that this variation is a result of variances in accuracy class
of meters installed. In case the deviation factor is within the range of 0 to 0.5%, no deviation
factor has been applied on energy input and the same has been corrected.

51
2016 All rights reserved. Konergy Innovations Private Limited
Independent Review of Energy Audit Methodology for Distribution Franchisee town Bikaner City Circle for FY 2015-16

KNERGY
EHV GSS FEEDER / EQUIPMENT 33kV IC 33kV O/G Variance
BIKANER 220 KV GSS 33 KV I/C - 1 108,730,500
BIKANER 220 KV GSS 33 KV I/C - 2 110,184,000
BIKANER 220 KV GSS 33 KV I/C - 3 195,511,289
414,425,789
BIKANER 2