Orissa
Electricity Reform Act, 1995
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CHAPTER VI
LICENSING OF TRANSMISSION AND SUPPLY |
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Licensing
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14.(1) No person, other than those
authorised to do so by licence or by virtue of exemption under this Act or authorised or
exempted by any other authority under the Electricity (Supply) Act, 1948, shall engage in
the State in the business of
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transmitting; or
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supplying electricity.
(2) Where any difference or dispute arises as to whether any person is
or is not engaged or about to engage in the business of transmitting or supplying
electricity as mentioned in sub-section (1), the matter shall be referred to the
Commission for decision which shall be final.
(3) The Commission shall have the power to order any unlicensed person
to cease operating and disconnect its apparatus.
(4) Notwithstanding anything contained in
the other provisions of this Act, until the establishment of the Commission in terms of Section 3, the State Government shall, for a period of six
months from the date this Act comes into force, have the power to grant provisional
licences under this section having a duration not exceeding twelve months to any person or
persons to engage in the State in the business of transmission or supply of electricity,
on such terms and conditions as the State Government may determine consistent with the
provisions of this Act, subject however to the following conditions, namely :
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upon the establishment of the Commission, each of the provisional licences so granted
shall be placed before the Commission and shall be deemed to constitute an application for
grant of a licence by the Commission under the provisions of this Act; and
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each provisional licence granted under this section shall cease to be valid and
effective on the date on which the decision of the Commission on the application is
communicated.
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54 of 1948 |
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Grant
of licenses by the Commission |
15. (1) The Commission may on an application made
in such form and on payment of such fee as may be prescribed by regulations, grant a
licence authorising any person to,-
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transmit electricity in a specified area of transmission; and/or
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CHAPTER VI
LICENSING OF TRANSMISSION AND SUPPLY |
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Licensing
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14.(1) No person, other than those
authorised to do so by licence or by virtue of exemption under this Act or authorised or
exempted by any other authority under the Electricity (Supply) Act, 1948, shall engage in
the State in the business of
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transmitting; or
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supplying electricity.
(2) Where any difference or dispute arises as to whether any person is
or is not engaged or about to engage in the business of transmitting or supplying
electricity as mentioned in sub-section (1), the matter shall be referred to the
Commission for decision which shall be final.
(3) The Commission shall have the power to order any unlicensed person
to cease operating and disconnect its apparatus.
(4) Notwithstanding anything contained in
the other provisions of this Act, until the establishment of the Commission in terms of Section 3, the State Government shall, for a period of six
months from the date this Act comes into force, have the power to grant provisional
licences under this section having a duration not exceeding twelve months to any person or
persons to engage in the State in the business of transmission or supply of electricity,
on such terms and conditions as the State Government may determine consistent with the
provisions of this Act, subject however to the following conditions, namely :
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upon the establishment of the Commission, each of the provisional licences so granted
shall be placed before the Commission and shall be deemed to constitute an application for
grant of a licence by the Commission under the provisions of this Act; and
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each provisional licence granted under this section shall cease to be valid and
effective on the date on which the decision of the Commission on the application is
communicated.
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54 of 1948 |
left">supply electricity in a specified area of supply.
(2) In respect of the of licence under sub-section (1), the following provisions shall apply,-
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any person applying for a licence shall publish a notice of his application in such
manner, and with such particulars as may be prescribed by the Commission within 14 days
after making the application:
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the Commission shall not grant a licence until,
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all objections received within three months from the date of publication relating to the
application for the licence have been considered by the Commission;
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no objection has been obtained from the Central government in the case of an application
for a licence to supply or transmit in an area which includes the whole or any part of any
cantonment, aerodrome, fortress, arsenal, dockyard or camp or of any building or place in
the occupation of the Central Government for defence purposes.
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where an objection is received from any local authority concerned, the Commission shall,
if in its opinion the objection is insufficient, record in writing and communicate to such
local authority its reasons for such opinion; and
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no application for a licence shall be made by any local authority except pursuant to a
resolution passed at a meeting of such authority held after one month's previous notice of
the same specifying the purpose thereof has been given in the manner in which notices of
meetings of such local authority are usually given.
(3) A licence may prescribe the extent to which, and the terms and
conditions under which the transmission or supply of energy is to be made and contain such
other conditions as the Commission may consider appropriate for achieving the purposes of
the Act.
(4) Without prejudice to the generality of sub-section (3), conditions included in a licence may require the licensee
to,-
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enter into agreements on specified terms with other persons for the use of any electric
lines, electrical plant and associated equipment operated by the licensee;
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comply with any direction given by the Commission;
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refer all disputes arising under the licence for determination by the Commission;
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furnish information, documents and details which the Commission may require for its own
purpose or for the purposes of the Central Government or the State Government or the
Central Electricity Authority;
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comply with the requirements of the Indian Electricity Act, 1910 and the Electricity
(Supply) Act, 1948 and rules framed thereunder in so far as they are applicable;
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undertake such functions and obligations of the Board under the Indian Electricity Act,
1910 and Electricity (Supply) Act, 1948.
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obtain the approval of the Commission of such things that are required under the licence
conditions or for deviation from the same:
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notify the Commission of any scheme that it is proposing to undertake including the
schemes in terms of the provisions of the Electricity (Supply) Act, 1948;
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purchase power in an economical manner and under a transparent power purchase
procurement process;
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supply in bulk to other licensees or to customers; and
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establish a tariff or to calculate its charges fcence until,
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all objections received within three months from the date of publication relating to the
application for the licence have been considered by the Commission;
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no objection has been obtained from the Central government in the case of an application
for a licence to supply or transmit in an area which includes the whole or any part of any
cantonment, aerodrome, fortress, arsenal, dockyard or camp or of any building or place in
the occupation of the Central Government for defence purposes.
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where an objection is received from any local authority concerned, the Commission shall,
if in its opinion the objection is insufficient, record in writing and communicate to such
local authority its reasons for such opinion; and
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no application for a licence shall be made by any local authority except pursuant to a
resolution passed at a meeting of such authority held after one month's previous notice of
the same specifying the purpose thereof has been given in the manner in which notices of
meetings of such local authority are usually given.
(3) A licence may prescribe the extent to which, and the terms and
conditions under which the transmission or supply of energy is to be made and contain such
other conditions as the Commission may consider appropriate for achieving the purposes of
the Act.
(4) Without prejudice to the generality of sub-section (3), conditions included in a licence may require the licensee
to,-
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enter into agreements on specified terms with other persons for the use of any electric
lines, electrical plant and associated equipment operated by the licensee;
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comply with any direction given by the Commission;
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refer all disputes arising under the licence for determination by the Commission;
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furnish information, documents and details which the Commission may require for its own
purpose or for the purposes of the Central Government or the State Government or the
Central Electricity Authority;
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comply with the requirements of the Indian Electricity Act, 1910 and the Electricity
(Supply) Act, 1948 and rules framed thereunder in so far as they are applicable;
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undertake such functions and obligations of the Board under the Indian Electricity Act,
1910 and Electricity (Supply) Act, 1948.
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rom time to time in accordance with the
requirements prescribed by the Commission.
(5)The provisions contained in the Schedule to the Indian Electricity Act, 1910 shall
be deemed to be incorporated with and to form part of, every license granted under this
Chapter, save in so far as they are expressly varied or excepted by the licence and shall,
subject to any such additions, variations or exceptions which the Commission is empowered
to make having regard to the purposes of the Act, apply to the undertaking authorised by
the licence in relation to its activities in the State:
Provided that where a supply licence is granted by the Commission for
the supply of energy to other licensees for distribution by them, then in so far as such
licence relates to such supply, the provisions of clauses IV, V, Vl, VII, VIII and XII of
the said Schedule shall not be deemed to be incorporated within the supply licence.
(6) The conditions included in a licence may
contain provision for the conditions to cease to have effect or be modified at such times,
in such manner and in such circumstances as may be specified therein.
(7) Any provisions included by virtue of sub-section (6) in a licence
shall have effect in addition to the provision made under sub-section (5)
of section 18 and section 19.
(8) The grant of a licence under this section to a person shall not in
any way hinder or restrict the grant of a licence to another person within the same area
of supply or transmission for a like purpose and accordingly, the licensee shall not claim
any exclusivity.
(9) Any licence granted by the Commission
under this Act may provide that the licensee shall have the powers and authorities to take
appropriate actions for revenue realisation, prosecution for theft, meter tampering,
diversion of electricity and all such similar matters affecting the distribution and
supply of electricity to the consumer.
(10) The Commission may authorise licensees and other persons to
exercise such power and authority as the licensees and other persons could be given under
the provisions of the Indian Electricity Act, 1910 and the Electricity (Supply) Act, 1948.
9 of 1910
54 of 1948
9 of 1910
54 of 1948
54 of 1948
9 of 1910
9 of 1910
ense granted under this
Chapter, save in so far as they are expressly varied or excepted by the licence and shall,
subject to any such additions, variations or exceptions which the Commission is empowered
to make having regard to the purposes of the Act, apply to the undertaking authorised by
the licence in relation to its activities in the State:
Provided that where a supply licence is granted by the Commission for
the supply of energy to other licensees for distribution by them, then in so far as such
licence relates to such supply, the provisions of clauses IV, V, Vl, VII, VIII and XII of
the said Schedule shall not be deemed to be incorporated within the supply licence.
(6) The conditions included in a licence may
contain provision for the conditions to cease to have effect or be modified at such times,
in such manner and in such circumstances as may be specified therein.
(7) Any provisions included by virtue of sub-section (6) in a licence
shall have effect in addition to the provision made under sub-section (5)
of section 18 and section 19.
(8) The grant of a licence under this section to a person shall not in
any way hinder or restrict the grant of a licence to another person within the same area
of supply or transmission for a like purpose and accordingly, the licensee shall not claim
any exclusivity.
(9) Any licence granted by the Commission
under this Act may provide that the licensee shall have the powers and authorities to take
appropriate actions for revenue realisation, prosecution for theft, meter tampering,
diversion of electricity and all such similar matters affecting the distribution and
supply of electricity to the consumer.
(10) The Commission may authorise licensees and other persons to
exercise such power and authority as the licensees and other persons could be given under
the provisions of the Indian Electricity Act, 1910 and the Electricity (Supply) Act, 1948. |
9 of 1910
54 of 1948
9 of 1910
54 of 1948
54 of 1948
9 of 1910
54 of 1948 |
| Exemption
from the requirement to have a license |
16.(1) The Commission may make
regulations to grant exemption from the requirement to have a licence, but subject to
compliance with such conditions, if any, as may be specified in the regulations:
Provided that the Commission shall not, under any such regulation,
grant any exemption except with the consent,-
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in any case where electricity is to be supplied in any area for which a local authority
is constituted, of that local authority;
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in any case where electricity is to be supplied in any area forming pan of any
cantonment, aerodrome, fortress, arsenal, dockyard or camp or any building or place in the
occupation of the Central Government for defence purposes, of the Central Government;
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in any area falling within the area of supply of a licensee, of that licensee
Provided further that, except in a case falling under sub-clause (ii)
no such consent shall be necessary if the Commission is satisfied that such consent has
been unreasonably withheld.
(2) An exemption may be granted to a particular person or to a particular category of
persons and for a definite period and every such exemption shall be published in such
manner as the Commission considers appropriate for bringing it to the attention of that
person or persons of that category and of the public in general.
(3) The exemption granted may be revoked by the Commission at any for
reasons to be recorded in writing.
(4) An exemption, unless previously revoked. shall continue in force
for such period as may be specified in or determined by or under the exemption. |
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| General
duties and powers of the licensees |
17.(1) It shall be the duty of the
holder of a supply license or a transmission licence in respect of a particular area of
supply or transmission, as the case may be, to develop and maintain an efficient,
coordinated and economical system of electricity supply or transmission in the area of
supply or area of transmission, as the case may be.
(2) Each licensee and Generating Company in discharge of its duties
shall comply with the provisions of the regulations framed from time to time governing the
terms and conditions for the operation and maintenance of the power system and electric
supply lines.
(3) Subject to sub-section (4), sections 12, 13, 14, 15, 16, 17, 18 and
19 of the Indian Electricity Act, 1910 shall have effect in relation to a person
authorised by a licence to transmit or supply electricity, as if it were a licensee under
the said Act.
(4) Where any of the sections mentioned in sub-section (3) is applied to a licence
holder by its licence, it shall have effect subject to such restrictions, exceptions and
conditions as m"left">
9 of 1910
ay be included in the licence. |
9 of 1910
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| Revocation
of license |
18.(1) The Commission may enquire
into the conduct or functioning of any licensee in carrying out the obligations under this
Act, rules and regulations framed thereunder and the terms and conditions of its licence
in the following circumstances,
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upon receiving a complaint from any consumer or consumer association or any trade
association; or
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upon a reference made to it by the State Government, the Central Government or Central
Electricity Authority; or
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upon receiving a complaint from any company or person involved in the generation,
transmission, distribution or supply of electricity; or
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upon its own knowledge or information derived from any source.
(2) Upon making such inquiry the Commission may, if in its
opinion the public interest so requires. revoke a licence in any of the following cases,
namely :-
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where the licensee, in the opinion of the Commission, has committed a wilful or
unreasonable default in doing anything required of him by or under this Act, or the
Indian Electricity Act, 1910 or the Electricity (Supply) Act, 1948, the rules or
regulations made thereunder;
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where the licensee commits a breach of any of the terms and conditions of his licence
the breach of which is expressly declared by such licence to render it liable to
revocation;
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where the licensee fails within the period specified in his license or any
longer period
which the Commission may allow by order,-
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to show, to the satisfaction of the Commission that he is in a position to fully and
efficiently discharge the duties and obligations imposed on him by his licence; and
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to make the deposit or furnish the security required by his license; and
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where in the opinion of the Commission the financial position of the licensee is such
that he is unable to fully and efficiently discharge the duties and obligations imposed on
him by his licence
(3) Notwithstanding the provisions of sub-sections
(1) and (2) the Commission may, where in its opinion the
public interest so requires, on the application or with the consent of the licensee, and
if the licensee is not a local authority, after consulting the local authority concerned,
if any, revoke a transmission or supply licence as to the whole or any part of the area of
transmission or supply upon such terms and conditions as it thinks fit.
(4) No licence shall be revoked under sub-section (2) or (3) unless the
Commission has given to the licensee not less than three months' notice in writing,
stating the grounds on which it is proposed to revoke the licence and has considered any
cause shown by the licensee within the period of that notice, against the proposed
revocation.
(5) The Commission may, instead of revoking a licence, permit it to
remain in force subject to such further terms and conditions as it thinks fit to impose
and any further terms or conditions so imposed shall be binding upon, and be observed by,
the licensee, and be of like force and effect as if they were contained in the licence. |
9 of 19 -
upon receiving a complaint from any consumer or consumer association or any trade
association; or
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upon a reference made to it by the State Government, the Central Government or Central
Electricity Authority; or
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upon receiving a complaint from any company or person involved in the generation,
transmission, distribution or supply of electricity; or
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upon its own knowledge or information derived from any source.
(2) Upon making such inquiry the Commission may, if in its
opinion the public interest so requires. revoke a licence in any of the following cases,
namely :-
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where the licensee, in the opinion of the Commission, has committed a wilful or
unreasonable default in doing anything required of him by or under this Act, or the
Indian Electricity Act, 1910 or the Electricity (Supply) Act, 1948, the rules or
regulations made thereunder;
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where the licensee commits a breach of any of the terms and conditions of his licence
the breach of which is expressly declared by such licence to render it liable to
revocation;
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where the licensee fails within the period specified in his license or any
longer period
which the Commission may allow by order,-
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to show, to the satisfaction of the Commission that he is in a position to fully and
efficiently discharge the duties and obligations imposed on him by his licence; and
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to make the deposit or furnish the security required by his license; and
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where in the opinion of the Commission the financial position of the licensee is such
that he is unable to fully and efficiently discharge the duties and obligations imposed on
him by his licence
(3) Notwithstanding the provisions of sub-sections
(1) and (2) the Commission may, where in its opinion the
public interest so requires, on the application or with the consent of the licensee, and
if the licensee is not a local authority, after consulting the local authority concerned,
if any, revoke a transmission or supply licence as to the whole or any part of the area of
transmission or supply upon such terms and conditions as it thinks fit.
(4) No licence shall be revoked under sub-section (2) or (3) unless the
Commission has given to the licensee not less than three months' notice in writing,
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54 of 1948 |
| Ammendment
of licence |
19.(1) The Commission may, where
in its opinion the public interest so permits or requires, on the application of the
licensee, and if the licensee is not a local authority, on the application of the local
authority concerned or otherwise on its own, make such alterations and amendments to the
terms and conditions of a license as it thinks fit taking into account the object and
purposes of this Act:
Provided that no such alterations or amendments, other than an alteration or amendment
pursuant to a licence condition referred to in sub-section (6) of section
15 or sub-section (5) of section 18 shall be made except with the
consent of the licensee.
(2) Where the licensee has made an application under subsection (1) proposing any
alterations or amendments to its license the following provisions shall apply,
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the licensee shall publish a notice of the application in the manner and with the
particulars as may be prescribed by regulations;
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the Commission shall not make any alterations or amendments until all objections
received by it with reference to the application within three months from the date of the
first publication of the notice have been considered; and
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in the case of an application proposing alterations or amendments in an area of
transmission or supply comprising the whole or any part of the cantonment, aerodrome,
fortress, arsenal, dockyard or camp or of any building or place in the occupation of the
Central Government for defence purposes, the Commission shall not make any alterations or
amendments except with the consent of the Central Government.
(3) Before making any alterations or amendments in a licence otherwise than on the
application of the licensee, the Commission shall publish the proposed alterations or
amendments and consider all objections received by it with reference to the proposed
alterations or amendments within three months from the date of the first publication of
the notice. |
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| Provisions
where licence is revoked |
20.(1) Notwithstanding the
provisions of sections 6 and 7 of the Indian Electricity Act, 1910, where the Commission
revokes a licence, under section 18 the following provisions shall
apply,
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the Commission shall serve a notice of revocation upon the licensee and shall fix a date
on which the revocation shall take effect;
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the Commission shall invite applications for acquiring the undertaking of the licensee
whose licence has been revoked and determine the terms and conditions of the sale of the
undertaking;
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the Commission may by notice in writing require the licensee to sell' and thereupon thhinks fit.
(4) No licence shall be revoked under sub-section (2) or (3) unless the
Commission has given to the licensee not less than three months' notice in writing,
e
licensee shall sell the undertaking to the person whose application has been accepted by
the Commission hereinafter referred to in this section as the "purchaser";
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on and with effect from the dale of revocation, or, where the undertaking of the
licensee is sold to a purchaser earlier in pursuance of any of the provisions of this Act,
on and with effect from the date, all the rights, duties, obligations and liabilities of
the licensee under this Act shall absolutely cease and determine except for any
liabiliendments to the
terms and conditions of a license as it thinks fit taking into account the object and
purposes of this Act:
Provided that no such alterations or amendments, other than an alteration or amendment
pursuant to a licence condition referred to in sub-section (6) of section
15 or sub-section (5) of section 18 shall be made except with the
consent of the licensee.
(2) Where the licensee has made an application under subsection (1) proposing any
alterations or amendments to its license the following provisions shall apply,
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the licensee shall publish a notice of the application in the manner and with the
particulars as may be prescribed by regulations;
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the Commission shall not make any alterations or amendments until all objections
received by it with reference to the application within three months from the date of the
first publication of the notice have been considered; and
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in the case of an application proposing alterations or amendments in an area of
transmission or supply comprising the whole or any part of the cantonment, aerodrome,
fortress, arsenal, dockyard or camp or of any building or place in the occupation of the
Central Government for defence purposes, the Commission shall not make any alterations or
amendments except with the consent of the Central Government.
(3) Before making any alterations or amendments in a licence otherwise than on the
application of the licensee, the Commission shall publish the proposed alterations or
amendments and consider all objections received by it with reference to the proposed
alterations or amendments within three months from the date of the first publication of
the notice. |
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| Provisions
where licence is revoked |
20.(1) Notwithstanding the
provisions of sections 6 and 7 of the Indian Electricity Act, 1910, where the Commission
revokes a licence, under section 18 the following provisions shall
apply,
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the Commission shall serve a notice of revocation upon the licensee and shall fix a date
on which the revocation shall take effect;
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the Commission shall invite applications for acquiring the undertaking of the licensee
whose licence has been revoked and determine the terms and conditions of the sale of the
undertaking; | | |