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Core Purpose

Notification of the Electricity Distribution (Accounts and Additional Disclosure) Rules, 2024, prescribing revenue recognition, trade receivable provisioning, and additional financial disclosure requirements for specified electricity distribution licensees.

Detailed Summary

The Ministry of Power issued Notification G.S.R. 635(E) dated 10th October 2024, in exercise of powers under sub-section (1) and clause (z) of sub-section (2) of Section 176 of the Electricity Act, 2003 (36 of 2003), read with the second proviso to sub-section (1) of Section 129 of the Companies Act, 2013 (18 of 2013), making the Electricity Distribution (Accounts and Additional Disclosure) Rules, 2024, effective from the date of publication in the Official Gazette. The rules apply to 'Specified Entity' (distribution licensees excluding certain government departments, boards, corporations and deemed licensees such as Military Engineering Services, Municipal Corporations, Ports, Transport Undertakings, and Damodar Valley Corporation). They require that only sums provided for in tariff orders be recognised as revenue, and prescribe a graded minimum provisioning requirement for trade receivables by ageing bracket that rises from FY 2024-25 to FY 2026-27 and onwards: nil for 0-90 days; 5%/10%/15% for 90-180 days; 20%/25%/30% for 180 days-1 year; 35%/40%/45% for 1-2 years; 55%/60%/75% for 2-3 years; 75%/80%/100% for more than 3 years; and a flat 75% for permanently disconnected consumers, with exemptions for government consumers and entities with aggregate trade receivable days of 90 days or less. The rules further require Specified Entities to prepare Additional Disclosure Statements (ADS), annexed to the Financial Statements, comprising supplementary disclosures, power purchase and energy accounting details, an Average Cost of Supply-Average Revenue Realised gap statement, an Aggregate Technical and Commercial loss statement, and a performance summary, accompanied by a management statement of compliance, with a Schedule prescribing the ADS format including revenue-from-operations disclosures referencing subsidy under the Electricity (Second Amendment) Rules, 2023.

Full Text

REGD. No. D. L.-33004/99 The Gazette of India CG-DL-E-24102024-258200 EXTRAORDINARY PART II—Section 3—Sub-section (i) PUBLISHED BY AUTHORITY No. 579] NEW DELHI, MONDAY, OCTOBER 14, 2024/ ASHVINA 22, 1946 MINISTRY OF POWER NOTIFICATION New Delhi, the 10th October, 2024 G.S.R. 635(E).— In pursuance of sub-section (1) and clause(z) of sub-section (2) of section 176 of the Electricity Act, 2003 (36 of 2003)read with second proviso to sub-section (1) of section 129 of the Companies Act, 2013 (18 of 2013), the Central Government hereby makes the following rules, namely:- 1. Short title and commencement.-(1) These rules may be called the Electricity Distribution (Accounts and Additional Disclosure) Rules, 2024. (2) They shall come into force on the date of their publication in the Official Gazette. 2. Applicability.-These rules shall be applicable to Specified Entity. 3. Definition-(1) In these rules, unless the context otherwise requires,- (a) "Act" means the Electricity Act, 2003 (36 of 2003); (b) "Additional Disclosure Statements” means the statements disclosing particulars as provided in Schedule annexed to these rules; (c) "Companies Act" means the Companies Act, 2013 (18 of 2013); (d) "Financial Statement” means Financial Statements referred to in clause (40) of section 2 read with section 129 of the Companies Act; (e) "financial year" means the financial year referred to in clause (41) of section 2 of the Companies Act; (f) "Schedule" means the Schedule annexed to these rules; (g) "Specified Entity" means distribution licensees excluding Government Departments, Boards and Corporations or other agencies of the Central and State Government such as the Military Engineering Services, Municipal Corporations, Ports, Transport Undertakings, Damodar Valley Corporation, which are deemed licensees under section 14 of the Act. (h) "tariff subsidy" means the subsidy provided by the State Government to any specified entity for sale of power at subsidised rates to certain categories of consumers as defined under section 65 of the Act. (i) “trade receivable” means an amount receivable on the account of sale of power or related services rendered in the normal course of business. (2) The words and expressions used herein and not defined in these rules, shall have the meanings respectively assigned to such words and expressions in the Act or the Companies Act or the rules made there under, as the case may be. 4. Recognition of revenue.-For claims or sums to be recoverable through tariff, such items and sums which have been provided in the tariff orders as recoverable shall be recognised as revenue in the Financial Statements: Provided that any sum which has not been provided in the tariff orders shall not be recognised as revenue or income recoverable from future tariff in the Financial Statements. Explanation.- For the purposes of these rules, it is hereby clarified that,- (i) revenue means the items or sums appearing as revenue in the Financial Statements as provided in Additional Disclosure Statements of the Schedule. (ii)tariff subsidy shall be recognised and accounted for as per rules made in this regard. 5. Provisioning of trade receivables.-The minimum provisioning requirement for a Specified Entity on its trade receivables from all category of consumers in the Financial Statements shall be as follows in the form of table given below: Table +------------------------------------------------+-------------+-------------+-----------------------+ | Trade receivables outstanding for following periods | % of Provisioning | | from due date of payment | FY 2024-25 | FY 2025-26 | FY 2026-27 and onwards| +================================================+=============+=============+=======================+ | 0 and up to 90 days | - | - | - | +------------------------------------------------+-------------+-------------+-----------------------+ | Exceeding 90 days and up to 180 days | 5% | 10% | 15% | +------------------------------------------------+-------------+-------------+-----------------------+ | Exceeding 180 days and up to 1 year | 20% | 25% | 30% | +------------------------------------------------+-------------+-------------+-----------------------+ | Exceeding 1 year and up to 2 years | 35% | 40% | 45% | +------------------------------------------------+-------------+-------------+-----------------------+ | Exceeding 2 years and up to 3 years | 55% | 60% | 75% | +------------------------------------------------+-------------+-------------+-----------------------+ | More than 3 years | 75% | 80% | 100% | +------------------------------------------------+-------------+-------------+-----------------------+ | dues from permanently disconnected consumers | 75% | 75% | 75%: | +------------------------------------------------+-------------+-------------+-----------------------+ Provided that nothing contained in this rule shall apply to:- (i) trade receivables from Government Consumers; or (ii) Specified Entity having trade receivable days less than or equal to ninety days on aggregate basis: Provided further that the appropriate Commission may set a higher provisioning requirement on the recommendations of a Committee set up by the State Government which shall consist of Principal Secretary (Power), the Principal Secretary (Finance) and the Chairman and Managing Director of the Specified Entity as members. Explanation.-For the purposes of this rule, the expressions,- (i) Government consumers means the departments, urban local bodies, rural local bodies, public sector undertakings and the like owned or belonging to the State Government and the Central Government; and (ii) Trade receivable days means trade receivables at the end of the financial year divided by average revenue per day. 6. Content and form of Additional Disclosure Statements- (1) In addition to the statutory disclosures as mandated under the Companies Act, the Specified Entity shall also prepare the Additional Disclosure Statements for each financial year in the form and manner as provided in the Schedule. Explanation.-For the purposes of this rule, it is hereby clarified that the Additional Disclosure Statements are required to be prepared for the power related business of the Specified Entity. (2) The Additional Disclosure Statements shall be part of the Financial Statements prepared by the Specified Entity and are to be annexed to the Financial Statements as the last disclosure titled 'Additional Disclosure Statements' under the notes to accounts of the Financial Statements: Provided that in the first year of preparation of Additional Disclosure Statements, the Specified Entity shall have the option to include Additional Disclosure Statements either in the annual report or in the Financial Statements. (3) The Additional Disclosure Statements shall comprise the following statements, namely:- (i) supplementary disclosures to Financial Statements; (ii) power purchase and energy accounting details; (iii) statement of Average Cost of Supply-Average Revenue Realised gap; (iv) statement of Aggregate Technical and Commercial loss; and (v) performance summary of Specified Entity. Explanation.- For the removal of doubts, it is hereby clarified that for the first year of preparation of Additional Disclosure Statements, comparative figures of previous financial year shall be optional. 7. Statement of compliance.- A statement of compliance shall be given by the management of Specified Entity at the beginning of the Additional Disclosure Statements confirming that the Additional Disclosure Statements are prepared and presented in the form and manner provided in the Schedule. Schedule: Additional Disclosure Statements (ADS) Additional Disclosure Statement 1: Supplementary disclosures to Financial Statements 1. Revenue from operations: +-------------------------------------------------------------------------------------------------------------------------------------------------+---------------------------------------------+---------------------------------------------+ | Particulars | For the year ended | For the year ended | | | 31st March, 20.. | 31st March, 20.. | | | (current year) | (previous year) | +=================================================================================================================================================+=============================================+=============================================+ | (1) | (2) | (3) | +-------------------------------------------------------------------------------------------------------------------------------------------------+---------------------------------------------+---------------------------------------------+ | (a) Revenue from sale of energy | | | | Sale of power to own consumers (Low Tension (LT), High Tension (HT) and Extra High Tension (EHT)) | | | | Fuel Adjustment Charge (FAC)/ Fuel Cost Adjustment (FCA)/ Fuel and Power Purchase Cost Adjustment (FPPCA)/ Power Purchase Adjustment Charge (PPAC) | | | | Sale to Distribution Franchisee | | | | Sale of power to others (such as inter-State sale/ energy traded/Unscheduled Inter-change (UI)/Deviation Settlement Mechanism (DSM)/inter DISCOM sale, etc.) | | | | Other receipts from consumers (such as meter rents, service rentals, recoveries for theft of power and malpractices, etc.) | | | | (i) Total | | | | Less: rebate to consumers (if any, other than cash discount) (ii) | | | | Revenue from sale of energy without tariff subsidy (i-ii) | | | | Add: electricity duty/ other taxes billed to consumers | | | | Less: electricity duty/ other taxes payable to Government | | | | Sub-total of revenue from sale of energy | | | | (b) Other operating income | | | | Wheeling charges | | | | Open access charges | | | | Others | | | | (c) Subsidy | | | | Subsidy payable by State Government in accordance with the Electricity (Second Amendment) Rules, 2023 as per the number of units supplied to subsidized categories according to energy accounts multiplied by the per unit subsidy | | | | Subsidy received | | | | Total revenue from operations (a + b + c) | | | +-------------------------------------------------------------------------------------------------------------------------------------------------+---------------------------------------------+---------------------------------------------+ Note: Revenue to be recognised in accordance with rule 4 of these Rules. 2. Details of revenue from sale of energy: +-------------------------------------------+-----------------------+-----------------------+-----------------------+----------------------------------+-----------------------+-----------------------+ | Particulars | For the year ended 31st March, 20.. (For Current and Previous Year) | | +-----------------------+-----------------------+-----------------------+----------------------------------+-----------------------+-----------------------+ | | Energy sold - | Energy sold - un- | Gross energy sold |

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