Section 20 in The Orissa Electricity Reform Act, 1995
20. Provisions where licence is revoked.
(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 -(a)the Commission shall serve a notice of revocation upon the licensee and shall fix a date on which the revocation shall take effect;(b)the Commission shall invite applications for acquiring the undertaking of the licensee whose licence has been revoked and determine the terms and conditions of the sale of the undertaking;(c)the Commission may by notice in writing require the licensee to sell, and thereupon the 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";(d)on and with effect from the date 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 liabilities that have accrued prior to that date; and(e)the Commission may make such interim arrangement in regard to the undertaking of the licensee for maintaining the electricity transmission and supply as may be considered appropriate including the appointment of administrators and special directors for the undertaking.(2)Where an undertaking is sold under Sub-section (1), the purchaser shall pay to licensee the purchase price of the undertaking determined in accordance with the application submitted by the purchaser.(3)Where the Commission issues any notice under Sub-section (1) requiring the license to sell the undertaking, it may by such notice require the licensee to deliver, and thereupon the licensee shall deliver on a date specified in the notice, the undertaking to the designated purchaser pending the payment of the purchase price of the undertaking :Provided that in any such case, the purchaser shall pay to the licensee interest at such rate not less than the Reserve Bank lending rate ruling at the time of delivery of the undertaking as the Commission may decide, on the purchase price of the undertaking for the period from the date of delivery of the undertaking to the date of payment of the purchase price.(4)Where before the date fixed in the notice issued under Clause (a) of Sub-section (1) as the date on which the revocation of the licence shall take effect, no notice has been issued to the licensee requiring him to sell the undertaking or where for any reason no sale of the undertaking has been effected under that Sub-section, the State Government may acquire the undertaking on the date of revocation of the licence and shall perform all the obligations of the licensee until such time as the State Government is able to sell the undertaking to a new licensee, and thereafter, shall pay to the licensee the amount determined in accordance with Sub-sections (1) and (2) of Section 7-A of the Indian Electricity Act, 1910.(5)The licensee shall duly implement the orders of the Commission, notwithstanding that the licensee may be aggrieved by the orders of the Commission.
