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State of Gujarat - Section

Section 26 in Gujarat Gas (Regulation of Transmission, Supply and Distribution) Act, 2001

26. Grant of licence.

(1)
(a)A person may make an application to the Commissioner for grant of a licence for carrying on the business of distribution.
(b)A person carrying on the business of distribution on the date of coming into force the remaining provisions of this Act (hereinafter referred to 'as the said date') shall, within three months from the said date, make an application to the Commissioner for grant of a licence for carrying on the business of distribution, and
(i)a person who makes such an application shall be deemed to have been authorised to can on such business from the said date till the date on which he is either granted or refused a licence,
(ii)a person who does not make such application within the said period of three months shall be deemed to be carrying on business of distribution without a licence.
(2)Every application under sub-section (1) shall be made in such form, and shall contain such particulars; including those regarding the competency of the applicant to undertake the business of distribution and accompained by such fees, as may be prescribed.
(3)The Commissioner may grant a licence to the applicant in such form containing such terms and conditions and on payment of such fees, as may be prescribed.
(4)For the purpose of granting a licence under sub-section (3), the Commissioner shall, so far as may be, follow the procedure of public competitive bidding laid down in the Gujarat Infrastructure Gujarat 11 of Development Act, 1999, (Gujarat 11 of 1999).
(5)Unless it is specifically provided in the terms of a licence, the grant of a licence to a person shall not in anyway hinder or restrict the power of the Commissioner to grant a licence to another person in respect of the same area of distribution and the licensee shall not be entitled to claim any exclusivity.