Section 3 in The Jammu and Kashmir Electricity Act, 1997 (1940 A.D.)
3. Grant of licences.
(1)The Government may on application made in the prescribed form and on payment of the prescribed fee, (if any), grant to any person a licence to supply energy in any specified area, and also to lay down or place electric supply-lines for the conveyance and transmission of energy,-(a)where the energy to be supplied is to be generated outside such area, from a generating station situated outside such area to the boundary of such area, or(b)where energy is to be conveyed or transmitted from any place in such area to any other place therein, across an intervening area not included therein, across such area.(2)In respect of every such licence and the grant thereof the following provisions shall have effect, namely:-(a)any person applying for a licence under this part shall publish a notice of his application in the prescribed manner and with the prescribed particulars and the licence shall not be granted(i)until, all objections received by the Government with reference thereto have been considered by it:Provided that no objection shall be so considered unless is received before the expiration of three months from the date of the first publication of such notice as aforesaid ; and(ii)until, in the case of an application for a licence for an area including the whole or any part of any cantonment, fortress, arsenal, camp or of any building or place in the occupation of the Government for military purposes, the Government has ascertained that there is no objection to the grant of the licence on the part of the military authorities;(b)where an objection is received from any local authority concerned, the Government shall, if in its opinion the objection is in sufficient, record in writing and communicate to such local authority its reasons for such opinion ;(c)a licence under this Part. -(i)may prescribe such terms as to the limits within which, and the conditions under which, the supply of energy is to be compulsory or permissive, and as to the limits of price to be charged in respect of the supply of energy/and generally as to such matters as the Government may think fit; and(ii)save in cases in which under section 9 clause (b), the provisions of sections 5 and 6 or either of them have been declared not to apply, every such licence shall declare whether any generating station to be used in connection with the undertaking shall or shall not form part of the undertaking for the purpose of purchase under section 5, or section 6;(d)the grant of a licence under this part for any purpose shall not in any way hinder or restrict the grant of a licence to another person within the same area of supply for a like purpose;(e)the provisions contained in the Schedule shall be deemed to be incorporated with, and to form part of every licence granted under this Part, save in so far as they are expressly added to varied or excepted by the licence and shall, subject to any such conditions, variations or exception which the Government is hereby empowered to make, apply to the undertaking authorised by the licence :Provided that, where a licence is granted in accordance with the provisions of Clause IX of the Schedule far the supply of energy to other licensees for distribution by them, in so far as such licence relates to such supply the provisions of clauses IV, V, VI, VII, VIII and XII of the Schedule shall not be deemed to be incorporated with the licence.(3)Where in its opinion the public interest so permits, the Government may on the application or with the consent of the licensee, and, after consulting the local authority (if any) concerned,-(a)revoke a licence as to the whole or any part of the area of supply upon such terms and conditions as it thinks fit, or(b)make such alterations or amendments in the terms and conditions of a licence, including the provisions specified in section 3, sub-section (2), clause (e) as it thinks fit.
