Petroleum and Natural Gas Regulatory Board
(Levy of Fee and Other Charges) Regulations, 2007
Petroleum and Natural Gas Regulatory Board
(Levy of Fee and Other Charges) Regulations, 2007
[26th November,
2007]
In exercise of the powers conferred by clause
(g) of Sub-section (2) of Section 61 of the Petroleum and Natural Gas
Regulatory Board Act, 2006 (19 of 2006), the Petroleum and Natural Gas
Regulatory Board hereby makes the following regulations, namely:—
Regulation - 1. Short title and commencement.
(1) These regulations may be
called the Petroleum and Natural Gas Regulatory Board (Levy of Fee and Other
Charges) Regulations, 2007.
(2) These regulations shall
come into force on the date of their publication in the Official Gazette.
Regulation - 2. Definitions.
In these regulations, unless the context
otherwise requires,—
(a) “Act” means the Petroleum
and Natural Gas Regulatory Board Act, 2006;
(b) “Board” means the Petroleum
and Natural Gas Regulatory Board established under Sub-section (1) of Section 3
of the Act; and
[(c) All other words and
expressions used and not defined in these regulations but defined in the Act or
other regulations shall have the meanings respectively assigned to them in the
Act or the other regulations, as the case may be.]
Regulation - 3. [Levy of Fee.
(1) Every application under
various [provisions
of the Act or the regulations framed thereunder] shall accompany fee as
specified below, namely:
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S. No.
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[Activity under the provisions
of the Act or the regulations framed thereunder]
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Fee (Rs.)
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(1)
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(2)
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(3)
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1.
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Registration under section15 of the Act
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10,00,000
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2.
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Expression of interest for authorization
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1,00,000
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3.
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Application for authorization under sub-section
(3) of section 17 of the Act; or
Exclusivity of CGD network separately, if not
covered under such application for authorization; or Expansion of common
carrier or contract carrier pipelines or CGD networks.--—
CGD Proposal:
(a) Geographical Areas with a population of one
million and above as per latest Census
(b) Other Geographical Areas
Pipeline Proposal:
Spur lines
Trunk lines upto 500 Kilometers
Trunk lines more than 500 Kilometers
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20,00,000
15,00,000
20,00,000
30,00,000
40,00,000
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4.
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Formulation or updating or amending of any regulation
or standard or specification including safety standard
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20,000
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5.
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Certified copy of the order of the Board
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1,000
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6.
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Modification or review of Board's order under
clause (h) of sub-section (1) of section 13 of the Act
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60,000
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7.
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Obtaining a certified copy of an entry in the
register under sub-section (4) of section 14 of the Act (per page)
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200
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8.
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Inspection of Petroleum and Natural Gas Register
(per inspection)
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10,000
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9.
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(i) Filing a complaint under sub-section (2) of
section 25 of the Act (per complaint) by—
(a) Entities or commercial customers
(b) Voluntary consumer organization or
non-Governmental organizations representing individuals other than on matters
maintainable before a consumer Redressal Forum set up under the Consumer
Protection Act, 1986 (68 of 1986) as specified under sub-section (1) of
section 25 of the Act.
(ii) Filing of Miscellaneous Applications under
section 24 or 25 of the Act (not covered above)
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2,00,000
2,000
30,000
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10.
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Empanelment of Third Party Inspection Agency—
(a) First Year
(b) Subsequent years
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1,00,000
50,000
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[11.
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Application fee for seeking authorisation under
regulation 8 or renewal of authorisation under regulation 12 of the Petroleum
and Natural Gas Regulatory Board (Gas Exchange) Regulations, 2020:
(a) for a Gas Exchange with Clearing Corporation;
or
(b) for a Gas Exchange without Clearing
Corporation; or
(c) for a Clearing Corporation
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3,00,000]
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]
(2) The fee shall be paid
through demand draft or pay order in favour of the Petroleum and Natural Gas
Regulatory Board payable at New Delhi;
(3) The fee received shall be
entered into a register to be maintained by the Board with details such as name
of the entity or complainant remitting the payment, purpose of remittance, amount,
number and date of demand draft or pay order as the case may be.
Regulation - 4. [Levy of other charges.
(1) Any entity engaged in
laying, building, operating or expanding natural gas pipeline or petroleum or
petroleum product pipeline of any nature or city or local natural gas
distribution network shall annually pay to the Board other charges in respect
of each such pipeline or network for each financial year as specified in
sub-regulation (2).
(2) Other charges payable
annually in accordance with sub-regulation (1) shall be paid at rates specified
below with effect from the first April, 2019, namely:—
(A) For each City or local
natural gas distribution network:—
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Population of the Geographical Areas as per 2011
Census of India
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From the second financial year to the fifth
financial year, starting from the financial year in which authorisation was
granted or accepted by Board
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From the sixth financial year, starting from the
financial year in which authorisation was granted or accepted by Board, and
onwards
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(1)
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(2)
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(3)
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(i) Less than 1 million
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Rs. 5,00,000
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Rs. 5,00,000
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(ii) 1 million or more but less than 5 million
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Rs. 5,00,000
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Rs. 10,00,000
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(iii) 5 million or more but less than 10 million
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Rs. 5,00,000
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Rs. 25,00,000
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(iv) 10 million or more
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Rs. 5,00,000
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Rs. 50,00,000
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(B) For each Natural gas
pipeline or petroleum product pipeline of any nature:—
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(a) Before commencement of operations:
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(i) with a length of more than 50 kilometres
(ii) with a length of upto 50 kilometres
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Rs. 5,00,000 for each pipeline
Rs. 1,00,000 for each pipeline
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After commencement of operations:
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(i) with a length of more than 50 kilometres
(ii) with a length of upto 50 kilometres
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Rs. 5,00,000 for each pipeline or 0.02% of the
revenue (excluding taxes) from that pipeline for the relevant financial year,
whichever is higher.
Rs. 1,00,000 for each pipeline or 0.02% of the
revenue (excluding taxes) from that pipeline for the relevant financial year,
whichever is higher.
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Note: Other Charges in respect of Pipelines after
commencement of their operation may be initially paid considering the revenue
accrued (excluding taxes) during the previous financial year. Difference of
amount paid and payable shall be adjusted at the time of making payment for
the next financial year.
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[(2A) The following annual
other charges specified in the Table, shall be payable by a gas exchange with
clearing corporation, a gas exchange without clearing corporation and a
clearing corporation for every financial year with effect from the date of authorisation
granted to it by the Board under Petroleum and Natural Gas Regulatory Board
(Gas Exchange) Regulations, 2020, namely:
Table
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Sr. No.
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Particulars
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Amount (Rs.)
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1.
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Annual and other charges under regulation 13 of
the Petroleum and Natural Gas Regulatory Board (Gas Exchange) Regulations,
2020:
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a) for a Gas Exchange with Clearing Corporation;
or
b) for a Gas Exchange without clearing
corporation; or
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Rs. 20,00,000 or 0.02% of the trade value in the
exchange (excluding taxes) during the relevant financial year, whichever is
higher
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c) for a Clearing Corporation
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Rs. 20,00,000 or 0.02% of the clearing value in
the clearing corporation (excluding taxes) during the relevant financial
year, whichever is higher
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Explanation:
1. The trade value in the exchange shall be
worked out by considering only one part of the transaction (either to buy or
to sell) and not the sum of value of buy and sell transaction.
2. The clearing value in the case of clearing
corporation shall be the amount cleared that is to say the amount received or
the amount disbursed and not the sum of amount received and amount disbursed.
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]
(3) Other Charges payable under
this regulation shall be paid annually for each financial year that is to say a
period of 12 months beginning on first April and ending on thirty-first March
of the following year, within a period of two months from the beginning of the
financial year.
(4) Other Charges payable under
this regulation shall be rounded off to the nearest Rs. 100.
(5) Other Charges shall be paid
through demand draft or pay order in favour of the Petroleum and Natural Gas
Regulatory Board and payable at New Delhi, or by any electronic mode into the
account of the Board.
(6) In case of non-payment of
Other Charges by the due date, late payment surcharge at the rate of one
percent (1%) shall be payable on the outstanding amount for each month of delay
or part thereof after due dates of payment as specified in sub-regulation (3).
Such surcharge shall also be payable beginning from 1st April,
2019 on the past dues of other Charges as on 31st march 2019.
[(7) Any entity liable to
pay Other Charges or late payment surcharge in accordance with sub-regulation
(2) and sub-regulations (3) to (6), shall submit details of remittance in
Form-I attached to these regulations, within seven days of making such payment
and any entity liable to pay Other Charges or late payment in accordance with
sub-regulation 2A and sub-regulations (3) to (6), shall submit details of
remittance in Form-II attached to these regulations, within seven days of
making such payment.]
(8) Other charges receivable and other charges received shall be
entered into a register to be maintained by the Board with the details such as
other charges receivable, name of the entity remitting the payment, financial
year for which payment has been made or is payable, name of the CGD network or
the name of the pipeline, serial number, date and name of the bank or its
branch in respect of the demand draft or pay order or details of electronic
payment, as the case may be.
(9) Other charges already remitted by an entity till the financial year
2018-19 for ‘Construction Period’ under sub-regulation (2) of regulation 4
before the commencement of the Petroleum and Natural Gas Regulatory Board (Levy
of Fee and Other Charges) Amendment Regulations, 2018 as interest free deposit,
shall be adjusted by the Board against the applicable Other Charges under
sub-regulation (2).]
Regulation - 5. Power to review and modify fee and other charges.
The Board may from time to time, review and
modify the structure of fee and other charges payable under these regulations.
The Board may also at any time, on reference from any affected party, and for
good and sufficient reasons, review and modify the structure of fee and other
charges payable under these regulations.
Regulation - 6. Explanatory Memorandum.
The background and reasons for issuing these
regulations are given in the explanatory memorandum at Annexure A.
Regulation - 7. [Interpretation.
If any question arises as to the
interpretation of these regulations, the same shall be decided by the Board.]
Form-I
[See regulation 4(7)]
Details of other charges payable and paid as
per part A of the Table under regulation 4(1) for the financial year 20.—
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Name of entity
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Address of the entity
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(a) Details of Other Charges paid or payable in
respect of CGD Networks
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Name of the CGD Networks (GA)
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Population as per 2011 Census of India
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Financial year from the start of grant of authorization
or acceptance thereof by the Board
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Other charges paid or payable (Rs.)
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Remarks
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1.
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2.
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3.
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….
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Sub-Total-(a)
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(b) Details of Other Charges paid or payable in
respect of Pipelines
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Name of the Pipeline (Natural Gas and Petroleum
or Petroleum Products)
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Revenue (excluding taxes) accrued during the
previous financial year
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Other Charges paid or payable
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Remarks
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1.
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2.
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3.
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….
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Sub-total-(b)
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Total− (a)+(b)
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Details of remittance Demand Draft or pay
order No./Ref No. of Electronic payment, Date of Issue or Payment, Bank and
branch at which payable Amount (in Rupees)
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[Form-II]
[See regulation 4(7)]
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Name of Gas Exchange or Clearing Corporation
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Address of the Gas Exchange or Clearing
Corporation
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Financial year of grant of authorization or
Financial Year
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Trade Value or Clearing value of the relevant
Financial year
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Annual Other Charges payable
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Annual Other Charges paid
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Mode of payment
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Details of remittance: Demand Draft or pay order
No. and date or Ref No. and date of Electronic payment, Bank and branch at
which payable and Amount in Rs.
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Annexure A
EXPLANATORY MEMORANDUM
(1) Clause (g) of Sub-section
(2) of Section 61 of the Petroleum and Natural Gas Regulatory Board Act, 2006
empowers the Board to levy fee and other charges at such rates and in respect
of such services as may be determined by regulations.
(2) In view of the powers
conferred under the Act, the Board has decided to levy fee and other charges
for various service/activities as provided for under the Act and hence these
regulations.
(3) The levy of fee has been
necessitated on account of the fact that scrutiny of such a large number of
applications and the process associated with them pertaining to registration,
authorization, complaints etc. by the Board puts pressure on scarce regulatory
resources available.
(4) In addition to levy of fee,
the Board is also required to determine through regulations the level of “other
charges” that will be charged from entities for various functions to be
discharged by under Section 11 of the Act. The Board is required to regulate
the refilling, processing, storage, transportation, distribution, marketing and
sale of petroleum, petroleum products and natural gas as to protect the
interests of the consumers and entities and to ensure uninterrupted and
adequate supply of the specified items in all parts of the country and to
promote competitive markets as well. The industry overseen by the Board is vast
and varied in nature, covering as of now over 10,000 km of product pipelines,
over 6000 km of natural gas pipelines and a number of city gas distribution
networks, 19 refineries, 2 LNG terminals, over 300 storage terminals/depots,
around 200 LPG bottling plants, around 32,000 retail outlets, over 100 aviation
fuelling stations, over 6000 kerosene dealers, over 9,000 LPG distributorships,
etc. Considering the limitation on the available resources for the purpose of
overseeing this industry, the Board has also decided to levy “other charges”
for discharging its vast and varied functions.