26. Board to have powers and obligations of licensee under Act 9 of 1910.-Subject to the provisions of this Act, the Board shall, in respect of the whole State, have all the powers and obligations of a licensee under the Indian Electricity Act, 1910 (9 of 1910), and this Act shall be deemed to be the license of the Board for the purpose of that Act:
Provided that nothing in sections 3 to 11, sub-sections (2) and (3) of section 21 and [section 22, sub-section (2) of section 22-A and sections 23 and 27] of that Act or in [clauses I to V, clause VII and clauses IX to XII] [ Substituted by Act 101 of 1956, Section 10, for " clauses I to XII" (w.e.f. 30.12.1956).] of the Schedule to that Act relating to the duties and obligations of a licensee shall apply to the Board:[Provided further that the provisions of clause VI of the Schedule to that Act shall apply to the Board in respect of that area only where distribution mains have been laid by the Board and the supply of energy through any of them has commenced.] [ Inserted by Act 101 of 1956, Section 10 (w.e.f. 30.12.1956).][26-A. Applicability of the provisions of Act 9 of 1910 to Generating Company.-(1) Notwithstanding anything contained in sub-section (2), nothing in the Indian Electricity Act, 1910 (9 of 1910), shall be deemed to require a Generating Company to take out a license under that Act, or to obtain sanction of the State Government for the purpose of carrying on any of its activities.(2)Subject to the provisions of this Act, sections 12 to 19 (both inclusive) of the Indian Electricity Act, 1910 (9 of 1910), and clauses XIV to XVII (both inclusive) of the Schedule thereto, shall, as far as may be, apply in relation to a Generating Company as they apply in relation to a licensee under that Act (hereafter in this section referred to as the licensee) and in particular a Generating Company may, in connection with the performance of its duties, exercise-(a)all or any of the powers conferred on a licensee by sub-section (1) of section 12 of the Indian Electricity Act, 1910 (9 of 1910), as if-(i)the reference therein to licensee were a reference to the Generating Company;(ii)the reference to the terms and conditions of license were a reference to the provisions of this Act and to the articles of association of the Generating Company; and(iii)the reference to the area of supply were a reference to the area specified under sub-section (3) of section 15-A in relation to the Generating Company;(b)all or any of the powers conferred on a licensee by sub-section (1) of section 14 of the Indian Electricity Act, 1910 (9 of 1910), as if-(i)the references therein to licensee were references to the Generating Company; and(ii)the Generating Company had the powers of a licensee under the said Act.(3)The provisions of section 30 of the Indian Electricity Act, 1910 (9 of 1910), shall not apply to the transmission or use of energy by a Generating Company.(4)For the removal of doubts, it is hereby declared that sections 31 to 34 (both inclusive) of the Indian Electricity Act, 1910 (9 of 1910), shall apply to a Generating Company.]
