杭州市人民政府办公厅转发市城建投资集团关于杭州市主城区供热方式调整单位热用户经济补贴办法的通知
浙江省杭州市人民政府办公厅
杭州市人民政府办公厅转发市城建投资集团关于杭州市主城区供热方式调整单位热用户经济补贴办法的通知
杭政办函〔2008〕233号
各区人民政府,市政府各部门,各直属单位:
市城建投资集团拟订的《杭州市主城区供热方式调整单位热用户经济补贴办法》已经市政府同意,现转发给你们,请遵照实施。
二○○八年六月二十五日
杭州市主城区供热方式调整单位
热用户经济补贴办法
(市城建投资集团 二○○八年四月三十日)
为推进城北地区工业企业搬迁,加快单位热用户用热方式改造进程,确保城区供热方式调整工作的顺利实施,并实现2010年年底前主城区高污染燃料禁燃的目标,特制定本办法。
一、为鼓励单位热用户尽早完成用热方式调整,对与原供热单位解除供用热合同或关系的单位热用户,给予用热设施改造补贴、热力管网建设资金(容量费)余额退还、提前完成改造一次性补贴等。
二、补贴对象:与杭州协联热电有限公司(以下简称协联热电)、杭州市热力有限公司(以下简称热力公司)签订供用热合同或具有直接供用热关系的单位热用户。
三、补贴原则
(一)以满足单位热用户供用热合同所约定的用热需求为口径,对其用热设施改造费用进行相应补贴。
(二)在单位热用户与供热单位解除供用热合同或关系的基础上,对热用户实际已缴纳的蒸汽网、热水网建设资金(用热容量费),以20年(240个月)为限进行分摊,从热用户实际用热之月起,将剩余月数的容量费退还给单位热用户,用于用热设施改造。
(三)按照主城区供热方式调整总体方案要求,对终止供用热关系并提前完成用热方式改造的单位热用户,给予一次性补贴。
(四)《杭州市人民政府关于进一步加快市区工业企业搬迁的通知》(杭政函〔2007〕98号)下发前已实际终止供用热关系的单位热用户,不再适用本办法。
(五)补贴费用由单位热用户包干使用,节约归己,超支自负。
四、补贴办法、支付条件
(一)对2009年6月底前(蒸汽网B2线用户在2008年9月底前)实施用热设施改造并终止供用热关系的单位热用户给予相应补贴,对完成改造任务的单位热用户给予一次性补贴。
1.蒸汽网用户。
(1)用热满一年以上的单位热用户,以其最近一个年度的用热量为依据,并按燃气锅炉替代供热的方式,测算出各单位热用户用热设施改造费用,并将此改造费用折算为单位吉焦所需费用,根据不同用热量按标准进行补贴。
(2)用热不足一年的单位热用户,按满足用户开户申请最大流量用热设施改造费用进行折算,按标准进行补贴。
(3)已缴纳用热容量费的单位热用户,可按满足用户开户申请最大流量用热设施改造费用进行折算,按标准进行补贴。
蒸汽网热用户按上述办法之一给予补贴。
2.热水网用户。
以单位热用户与供热单位合同所约定的供热面积和用途为依据,按燃气热水炉替代供热的方式,测算出各单位热用户用热设施改造费用,并将此费用折算为单位面积所需费用,根据不同面积按标准进行补贴。
3.采用蒸汽、热水溴化锂制冷机的制冷用户,按制冷机组原置价格(以厂家销售发票金额为依据,不含配套设施、安装等费用),经供热单位审核确认后予以补贴。
(二)对在2009年6月底前(蒸汽网B2线用户在2008年9月底前)自愿停用集中供热并不进行用热设施改造的单位热用户,在结清用热费用,并终止供用热合同生效之日起30日内领取用热设施改造补贴款、提前完成改造一次性补贴款及剩余月份的容量费。
(三)对在2009年6月底前(蒸汽网B2线用户在2008年9月底前)实施用热方式改造并终止供用热关系的单位热用户,经供热单位确认,自终止供用热合同与主设备采购合同生效之日起30日内领取50%的用热设施改造补贴款,自主设备安装施工合同生效之日起30日内领取30%的用热设施改造补贴款,剩余款项在完成改造并进行切换后(蒸汽网用户完成改造即可)的30日内领取。
提前完成用热设施改造的单位热用户,在结清用热费用,并终止供用热关系及完成用热方式切换后(蒸汽网单位热用户完成改造即可)的30日内领取提前完成改造一次性补贴款和剩余月份的容量费。
五、补贴标准
(一)蒸汽网单位热用户补贴标准:
1.用热满一年以上的单位热用户:
(1)80万(含)吉焦/年以上的:22元/吉焦;
(2)50万(含)—80万吉焦/年:28元/吉焦;
(3)18万(含)—50万吉焦/年:38元/吉焦;
(4)10万(含)—18 万吉焦/年:48元/吉焦;
(5)4万(含)—10万吉焦/年:53元/吉焦;
(6)1万(含)—4万吉焦/年:110万元+(年用热量-1)万元/吉焦×50万元;
(7)1万吉焦/年以下的单位热用户,按每户110万元予以补贴。
2.用热不足一年或已缴纳容量费的单位热用户:
(1)20吨(含)/小时以上:110万元+(申请最大用热流量-1)小时/吨×33万元;
(2)1吨(含)—20吨/小时:110万元+(申请最大用热流量-1)吨/小时×10万元;
(3)1吨/小时以下:110万元。
(二)热水网单位热用户补贴标准:
1.公建类采暖、卫生热水用途的单位热用户,按供用热合同面积分档累进计算:
(1)15000平方米(含)以下:30万元+65元×平方米;
(2)15000—35000平方米(含):50元×平方米;
(3)35000平方米以上:35元×平方米。
2.宾馆类采暖、卫生热水用途的单位热用户,按供用热合同面积分档累进计算:
(1)15000平方米(含)以下:30万元+75元×平方米;
(2)15000—35000平方米(含):60元×平方米;
(3)35000平方米以上:45元×平方米。
3.公建类、宾馆类采暖或卫生热水单项用途的单位热用户,按供用热合同面积分档累进计算:
(1)15000平方米(含)以下:30万元+50元×平方米;
(2)15000—35000平方米(含):40元×平方米;
(3)35000平方米以上:30元×平方米。
(三)蒸汽网单位热用户提前完成改造一次性补贴标准:
1.提前完成改造一次性补贴计算公式:2007年度用热量(单位:吉焦)×3.7元×提前月数(以2010年年底为限)。
2.对2007年开始用热的单位热用户,将其2007年的日均用热量换算成2007年度全年用热量进行补贴。
(四)热水网单位热用户提前完成改造一次性补贴标准:
1.提前完成改造一次性补贴计算公式:2007年度用热量(单位:吉焦)×2.5元×提前月数(以2010年年底为限)。
2.对2007年开始用热的单位热用户,将同类型用户的单位面积平均用热量换算成2007年度全年用热量进行补贴。
六、其他
(一)根据杭州市主城区供热方式调整总体方案,新的用热方式由单位热用户在符合环保、消防、安全等相关政策、规范的基础上自行选择,并负责其用热设施的改造及改造后的运行管理。
(二)鼓励单位热用户采取以天然气为一次能源的用热方式实施改造。
(三)本办法未尽事宜,由杭州市主城区集中供热方式调整工作领导小组统一处理。
(四)本办法由杭州市主城区集中供热方式调整工作领导小组办公室负责解释。
CONSUMER COUNCIL ORDINANCE ——附加英文版
Hong Kong
CONSUMER COUNCIL ORDINANCE
(CHAPTER 216)
CONTENTS
ion
I PRELIMINARY
hort title
nterpretation
II INCORPORATION AND POWERS
ncorporation of Consumer Council
unctions of Council
owers of Council
embership of Council
eetings of Council
ommittees
isclosure of member's interest
Appointment of staff and advisers
Documents of Council
III FINANCIAL
Resources of Council
Borrowing powers
Investment of funds
Estimates
Accounts, audit and annual report
IV GENERAL
Council not servant or agent of Crown
Governor may give directions
Protection of members of Council and committees
Prohibition of exploitation of the Council's name for
advertisement
oses
Transitional provisions
dule
Whole document
ncorporate the Consumer Council, to define its functions and
powers,
egative personal liability of members and employees for the
Council's
ts committees' acts or omissions, and for connected purposes.
July 1977] L. N. 167 of 1977
PART I PRELIMINARY
hort title
Ordinance may be cited as the Consumer Council Ordinance.
nterpretation
his Ordinance, unless the context otherwise requires--
ncil" means the Consumer Council incorporated by section 3 (1);
ancial year" means each period of 12 months ending with 31 March;
ber" means a member of the Council.
PART II INCORPORATION AND POWERS
ncorporation of Consumer Council
The Consumer Council existing at the commencement of this
Ordinance is
by created a body corporate consisting of the persons who from
time to
hold office as members of the Council.
The Council shall have perpetual succession and a common
seal and
l be capable of suing and being sued and of doing and suffering
all
other acts and things as bodies corporate may lawfully do and
suffer.
The Council shall continue to be known in the Chinese language
as.
unctions of Council
The functions of the Council are to protect and promote the
interests
onsumers of goods and services and purchasers, mortgagors and
lessees
mmovable property by--
collecting, receiving and disseminating
rmation concerning goods, services and immovable property;
receiving and examining complaints by and giving advice to
consumers
oods and services and purchasers, mortgagors and lessees of
immovable
erty;
taking such action as it thinks justified by information
in its
ession, including tendering advice to the Government or to any
public
cer;
encouraging business and professional associations to
blish codes of practice to regulate the activities of their
members;
undertaking such other functions as the Council may adopt
with the
r approval of the Governor in Council.
The Governor may be notice in writing to the Council
declare any
s, services or immovable property or class of goods,
services or
vable property to be outside the scope of the Council's
functions
r subsection (1).
In subsection (1) and in section 5 (2) (c) "goods and services"
does
include goods and services which are--
supplied by--
the Government, the Urban Council or the Regional Council; or
(Amended
f 1985 s. 60)
a body mentioned in the Schedule; or
made the subject of a declaration under subsection (2).
The Governor in Council may, by order published in the Gazette,
amend
Schedule. (Amended 5 of 1992 s. 2)
owers of Council
The Council may do such things as are reasonably necessary to
enable
o carry out its functions.
Without restricting the generality of subsection (1), the Council
may
arrying out its functions--
acquire, hold and dispose of all kinds of property
movable and
vable and in any manner which it thinks fit;
enter into any contract;
undertake the testing and examination of goods and
services and
ection of immovable property; (Amended 5 of 1992s. 3)
produce or distribute, by way of sale or otherwise, any
publication
h is of interest to consumers;
do any thing which it may do under this ordinance in
association or
peration with any other person or sponsor any other person to do
that
g;
charge for the use of any facility or service provided by the
Council;
with the prior approval of the Governor, become a member
of or
liate to any international body concerned with consumer matters.
embership of Council
The Council shall consist of the following members--
a Chairman who shall be appointed by the Governor for a
term not
eding 2 years;
a Vice-Chairman who shall be appointed by the Governor for a term
not
eding 2 years; and (Replaced 28 of 1985 s. 2)
not more than 20 other persons each of whom shall be appointed
by the
rnor for a term not exceeding 2 years. (Replaced 28 of 1989 s.
2)
The Chairman, Vice-Chairman and any other member
appointed under
ection (1) (c) may be reappointed upon expiry of their
respective
s of office. (Amended 28 of 1985 s. 2)
The Chairman, Vice-Chairman and any other member
appointed under
ection (1) (c) may at any time-- (Amended 28 of 1985 s. 2)
resign his office by notice to the Governor; or
be removed therefrom by the Governor for permanent incapacity or
other
icient cause, and upon such resignation or removal the term for
which
as appointed shall be deemed to have expired.
Where the Chairman, Vice-Chairman or any other member appointed
under
ection (1) (c) is precluded by temporary incapacity or other
cause
exercising his functions as such for any period the
Governor may
int another person to act in place of the Chairman Vice-
Chairman or
r member during such period with all such rights, powers,
duties or
ilities as if he had been appointed under subsection (1). (Amended
28
985s. 2)
(Replaced 28 of 1985s. 2)
Where any question arises under subsection (3) or (4) as to
whether
incapacity or cause exists or whether any incapacity is
temporary or
anent or any cause sufficient, the decision of the Governor
thereon
l be final.
eetings of Council
Meetings of the Council shall be held at such times and places
as the
cil, the Chairman or in his absence, the Vice-Chairman may from
time
ime appoint.
The following procedural provisions shall apply to
y meeting of the Council and subject thereto the Council may
regulate
own procedure--
at meetings of the Council 11 members shall form a quorum;
(Replaced
f 1989 s. 3. Amended 5 of 1992 s. 4)
the Chairman or in his absence, the Vice-Chairman shall preside
or, if
are absent or disqualified under section 9 (c), the members
present
l appoint one of their number to preside;
every question shall be determined by a majority of votes
of the
ers present and voting thereon;
in the event of an equality of votes the member presiding shall
have a
ing vote in addition to his ordinary vote.
nded 28 of 1985 s. 3)
ommittees
The Council may appoint committees and may delegate to
them the
cise and performance of any of its powers and functions except
this
r of delegation.
Persons who are not members of the Council are
ible for appointment to committees.
Subject to the terms of any delegation by the
Council, every
ittee--
may exercise and perform the delegated powers and functions
the same effect as if it were the Council itself;
shall be presumed to be acting in accordance with the terms of
the
gation in the absence of proof to the contrary;
may regulate its own procedure.
isclosure of member's interest
member of the Council, or of any committee of the Council,
has a
ct or indirect commercial interest in any matter under discussion
at a
ing of the Council or of the committee, being an interest greater
than
which he has as a member of the general public, the
following
isions shall apply--
he shall disclose the nature of his interest at the meeting;
the disclosure shall be recorded in the minutes;
where the disclosure is made by the member presiding, he shall
vacate
chair during the discussion;
the member (including one who has vacated the chair under
paragraph
shall, if so required by the member presiding, withdraw
from the
ing during the discussion and shall not in any case,
except as
rwise determined by the member presiding, vote on any
resolution
erning the matter or be counted for the purpose of establishing
the
tence of a quorum.
Appointment of staff and advisers
Subject to subsection (4), the Council shall appoint a person to
hold
office of Chief Executive. (Amended 28 of 1985 s. 4)
The Council may appoint such other employees as it thinks
fit and
ect to subsection (4), determine all matters relating
to their
neratior and terms and conditions of appointment or employment.
The Council may engage the services of technical and
professional
sers in such manner and on such terms and conditions as it thinks
fit.
The Council shall obtain the prior approval of the Governor to--
any appointment proposed to be made under subsection (1) and the
terms
conditions thereof;
the suspension or dismissal of the Chief Executive;
the salary or salary scale (including allowances and other
pecuniary
fits) and conditions of employment applicable to the Chief
Executive
every other employee or class employee, and any variation
thereof.
nded 28 of 1985 s. 4)
No person shall be employed by the Council otherwise than on the
salar
alary scale or on the conditions of employment applicable to that
pers
oved by the Governor under subsection (4).
Documents of Council
The Council may make and execute all such documents as may
expedient
or conducive to the exercise and performance of its power
functions
duties.
The fixing of the seal of the Council to any document
l--
be authorized by resolution of the Council; and
be authenticated by the signatures of any 2 members
authorize by
lution of the Council, either generally or specially, to ao for
that
ose.
Any document purporting to be duly executed under the seal
of the
cil shall, unless the contrary is proved, be considered to be
duly
uted.
Any contract or instrument which if entered into or executed
by a
on not being a body corporate would not be required to be in the
form
deed may be entered into or executed on behalf of the Council by
any
on generally or specially authorized by the Council for that
purpose.
PART III FINANCIAL
Resources of Council
The Governor may, out of money appropriated for the purpose
by the
slative Council, authorize payment to the Consumer Council
of such
nts as he thinks fit.
The resources of the Council shall consist
all money received by the Council pursuant to subsection (1);
money paid to the Council by way of donations, fees,
subscriptions,
and interest;
all other money and property, including accumulations of
income,
ived by the Council for its purposes.
Borrowing powers
Council may, with the approval of the Financial Secretary,
borrow or
rwise raise money and charge all or any part of its
property as
rity therefor.
Investment of funds
money of the Council that is not immediately required
shall be
sted--
on fixed deposit in any bank or savings bank approved by the
ncial Secretary, either generally or in any particular case, for
the
ose; or
in such other forms of investment as the Financial
Secretary may
ove.
Estimates
Council shall in each financial year adopt estimates of
income and
nditure for the ensuing financial year and, before a date
to be
inted by the Financial Secretary, send them to the Governor for
his
oval together with a programme of its proposed activities
for the
ing financial year.
Accounts, audit and annual report
The Council shall keep proper accounts and proper records in
relation
eto and shall within 3 months after the expiry of a financial year,
or
further period as the Financial Secretary may allow,
prepare a
ement of the accounts of the Council, which statement shall
include an
me and expenditure account and a balance sheet.
The Council
l, subject to subsection (3), appoint an auditor, who
shall be
tled to have access at any time to all books of account, vouchers
and
r financial records of the Council and to require such information
and
anations relating thereto as he thinks fit.
The Council shall obtain the prior approval of the Financial
Secretary
ny appointment proposed to be made under subsection (2).
The auditor shall, as soon as is practicable, audit the
accounts
ired by subsection (1) and shall submit a report thereon
to the
cil.
The Council shall within 3 months after the receipt by it
of the
tor's report in respect of its accounts for a financial
year, or
in such further period as the Financial Secretary may allow,
furnish--
a report on the affairs of the Council for that year;
a copy of its accounts therefor; and
the auditor's report on the accounts, to the Governor who shall
cause
same to be tabled in the Legislative Council.
PART IV GENERAL
Council not servant or agent of Crown
Council is not a servant or agent of the Crown and does not enjoy
any
us, immunity or privilege of the Crown.
Governor may give directions
The Governor may, if he considers that the public
interest so
ires, give to the Council such directions as he thinks
fit with
ect to the exercise and performance by the Council of its
powers,
tions and duties under this Ordinance, either generally or
in any
icular case.
The Council shall comply with any direction given to
it under
ection (1).
Protection of members of Council and committees
No member or employee of the Council or of any committee
of the
cil shall be personally liable for any act done or default made--
by the Council; or
by any committee of the Council, acting in good faith in the course
of
operations of the Council or of the committee.
The protection hereby conferred on members and employees
of the
cil or of a committee in respect of any act or default shall not
in
way affect any liability of the Council for that act or default.
Prohibition of exploitation of the Council's name for
advertisement
oses
No person shall, with a view to promoting or disparaging any
s, services or immovable property or promoting the image
of any
on, publish or cause to be published any advertisement which
either
essly or by implication makes reference to--
the Council;
any committee, member, agent or employee of the Council;
the Council's publication or finding of tests or surveys
conducted by
n behalf of the Council; or
any other information published by the Council, without
written
ent of the Council.
Any person who contravenes subsection (1) commits an offence
and is
le to a fine of $ 100,000.
For the purpose of subsection (1) "advertisement" may be
constituted
ny words, whether written or spoken, or any picture, drawing,
visual
e, figure or article--
appearing in any publication; or
brought to the notice of the public or any section of the public
in
other way. (Replaced 5 of 1992 s. 5)
Transitional provisions
All property of whatever kind and whether movable or immovable
vested
r belonging to the Consumer Council existing at the
commencement of
Ordinance shall as from that date vest in or belong to that
Council
ts corporate capacity without any further assurance.
All obligations and liabilities of the said Consumer Council
are as
the commencement of this Ordinance the obligations and
liabilities of
Council in its corporate capacity.
Where anything has been commenced by or under the authority
of the
Consumer Council before the commencement of this Ordinance such
thing
be carried on any completed by the Council in its corporate
capacity.
Every person who immediately before the commencement of this
Ordinance
s an appointment as Chairman, Executive Director or a member of
the
Consumer Council is, as from such commencement but subject to
the
s of his appointment, the Chairman, Executive Director, or a
member of
Council, as the case may be, for the purposes of this Ordinance.
Notwithstanding the definition of "financial year" in section
2 the
od between the commencement of this Ordinance and 31 March 1978
shall
eemed to be a financial year.
No stamp duty shall be payable in respect of any transfer of
property
r this section.
SCHEDULE
Television Limited
a Light and Power Company, Limited
a Motor Bus Company, Limited
Cross-Harbour Tunnel Company, Limited
Marketing Organization
Kong Air Cargo Terminals Limited
Hong Kong and Yaumati Ferry Company Limited
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