Section 5 in Jammu and Kashmir State Electricity Regulatory Commission (Licensing) Regulations, 2013
5. Provisions of the Act to grant licence.
- Section 12 of the Act, which deals with the requirement of obtaining licence for transmission, distribution or trading electricity reads as follows:No person shall-(a)transmit electricity; or(b)distribute electricity; or(c)undertake trading in electricity, unless he is authorised to do so by a licence issued under section 14, or is exempt under section 13.Section 13 of the Act, which deals with the power to exempt, reads as follows:The Commission may, on the recommendations of the Government, in accordance with the State policy formulated under section 5 and in public interest, direct, by notification that subject to such conditions and restrictions, if any, and for such period or periods, as may be specified in the notification, the provisions of section 12 shall not apply to any local authority, Panchayat Institutions, Users' Association, Cooperative Societies, Non- Governmental Organizations, or franchisees:Section 14 of the Act, which deals with grant of licence, reads as follows:The Commission may, on an application made to it under section 15, grant a licence to any person to -(a)transmit electricity as a transmission licensee; or(b)distribute electricity as a distribution licensee; or(c)undertake trading in electricity as an electricity trader, in any area which may be specified in the licence:Provided that any person engaged in the business of transmission or supply of electricity under the provisions of the repealed laws shall on the commencement of the Act be deemed to be a licensee under the Act for such period as may be stipulated in the licence, clearance or approval granted to him under the repealed laws and the provisions of the repealed laws shall apply for a period of one year from the date of commencement of the Act or such earlier period as may be specified, at the request of the licensee, by the Commission and thereafter the provisions of the Act shall apply to such business:Provided further that the State Transmission Utility shall be deemed to be a transmission licensee under the Act:Provided also that in case the Government transmits electricity or distributes electricity or undertakes trading in electricity, whether before or after the commencement of the Act, the Government shall be deemed to be a licensee under this Act, and shall not be required to obtain a licence under this Act:Provided also that the Commission may grant a licence to two or more persons for distribution of electricity through their own distribution system within the same area, subject to the conditions that the applicant for grant of licence within the same area shall, without prejudice to the other conditions or requirements under this Act, comply with the additional requirements (relating to the capital adequacy, credit-worthiness, or Code of Conduct) as may be prescribed and no such applicant, who complies with all the requirements for grant of licence shall be refused grant of licence on the ground that there already exists a licensee in the same area for the same purpose:Provided also 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 licence from the Commission and such distribution licensee shall be responsible for distribution of electricity in his area of supply:Provided also that where a person intends to generate and distribute electricity in a rural area to be notified by the Government, such person shall not require any licence for such generation and distribution of electricity, but he shall comply with the measures, which may be specified by the Authority under section 47:Provided also that a distribution licensee shall not require a licence to undertake trading in electricity.Section 15 of the Act, which deals with procedure for grant of licence, reads as follows:(1)Every application under this section shall be made in such form and in such manner as may be specified by the Commission and shall be accompanied by such fee as may be prescribed.(2)Any person who has made an application for grant of a licence shall, within seven days after making such application, publish a notice of his application with such particulars and in such manner as may be specified and a licence shall not be granted-(a)until the objections, if any, received by the Appropriate Commission in response to publication of the application have been considered by it:Provided that no objection shall be considered unless it is received before the expiration of thirty days from the date of the publication of the notice as aforesaid; and(b)until, in the case of an application for a licence for an area including 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 Government for defence purposes, the Commission has ascertained that there is no objection to the grant of the licence on the part of the Central Government.(3)A person intending to act as a transmission licensee shall, immediately on making the application, forward a such copy of application to the State Transmission Utility,(4)The State Transmission Utility, shall, within thirty days after the receipt of the copy of the application referred to in sub-section (3), send its recommendations, if any, to the Commission:Provided that such recommendations shall not be binding on the Commission.(5)Before granting a licence under section 14, the Commission shall -(a)publish a notice in atleast two such daily newspapers, as that Commission may consider necessary, stating the name and address of the person to whom it proposes to issue the licence; and(b)consider all suggestions or objections and the recommendations, if any, of the State Transmission Utility, as the case may be.(6)Where a person makes an application under sub-section (1), the Commission shall, as far as practicable, within ninety days after receipt of such application, -(a)issue a licence subject to the provisions of this Act and the rules and regulations made thereunder; or(b)reject the application for reasons to be recorded in writing if such application does not conform to the provisions of this Act or the rules and regulations made thereunder or the provisions of any other law for the time being in force:Provided that no application shall be rejected unless the applicant has been given an opportunity of being heard.(7)The Commission shall, immediately after issue of a licence, forward a copy of the licence to the Government, Authority, local authority, and to such other person as it may considers necessary.(8)A licence shall continue to be in force for a maximum period of twenty-five years unless such licence is revoked, or unless otherwise specified to be in force for a period of less than 25 years.
