Section 15 in The Orissa Electricity Reform Act, 1995
15. Grant of licences by the Commission.
(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-(a)transmit electricity in a specified area of transmission; and/or(b)supply electricity in a specified area of supply.(2)in respect of the grant of licence under Sub-section (1), the following provisions shall apply, -(a)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;(b)the Commission shall not grant a licence until, -(i)all objections received within three months from the date of publication relating to the application for the licence have been considered by the Commission;(ii)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 an cantonment, aerodrome, fortress, arsenal, dockyard or camp of any building or place in the occupation of the Central Government for defence purposes,(c)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(d)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,(a)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;(b)comply with any direction given by the Commission;(c)refer all disputes arising under the licence for determination by the Commission;(d)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.(e)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;(f)undertake such functions and obligations of the Board under the Indian Electricity Act, 1910 and Electricity (Supply) Act, 1948.(g)obtain the approval of the Commission of such things that are required under the licence conditions or for deviation from the same;(h)rectify 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;(i)purchase power in an economical manner and under a transparent power purchase procurement process;(j)supply in bulk to other licensees or to customers; and(k)establish a tariff or to calculate its charges from 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 licence 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 licences for distribution by them, then in so far as such licence relates to such supply, the provisions of Clauses IV, V, VI, 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.
