section 14
Licensing
Madhya Pradesh Vidyut Sudhar Adhiniyam, 2000Infrastructure200061 sections14 chapters
Chapter V LICENSING OF TRANSMISSION AND SUPPLY
Statutory text
- (1) No person, other than those authorised to do so by licence or by virtue of exemption under this Act or who is authorised or exempted under Indian Electricity Act,1910 (Act 9 of 1910) or the Electricity (Supply) Act, 1948 (Act 54 of 1948), shall engage in the State in the business of:--
- (a) transmitting electricity; or
- (b) supplying electricity including bulk supply, sub-transmission or distribution: Provided that all persons who are authorised or exempted under the Indian Electricity Act,1910 (Act 9 of 1910) or the Electricity supply Act,1948 (Act 54 of 1948) shall be deemed to be licensees under this Act on the terms and conditions on which the licence or exemption has already been granted and the provisions of this Act applicable to a licensee shall apply mutates mutandis to such person.
- (2) Where any question arises as to whether any person is or is not in the business of transmitting or supplying electricity as described in sub-section (1), the decision of the Commission on such question shall be final and binding.
- (3) The Commission shall have the power to order any person not licensed or otherwise authorised to cease operating and disconnect its apparatus relating to transmission, sub-transmission, distribution or supply of electricity in the State.
- (4) Notwithstanding anything contained in this Act and during the period of six months from the commencement of this Act, the State Government shall have the power to grant provisional licence for a duration not exceeding twelve months to any person or persons to engage in the State in the business of transmitting or supplying of electricity on such terms and conditions as the State Government may determine consistent with the provisions of this Act, subject to the following conditions:--
- (a) each of the provisional licence granted by the State Government shall forthwith be placed before the Commission and shall be deemed to constitute an application for grant of a licence by the Commission under the provisions of this Act, and
- (b) each provisional licence granted under this section shall cease to be valid from the date the Commission may specify in its order on the application for license mentioned in clause (a) above.
- (5) The State Government shall be entitled to confer on a provisional licensee under sub-section (4) such powers, rights and authorisation as the Commission is entitled to grant to a licensee under this Act.
- (6) The Commission shall be entitled to exercise all powers and functions under this Act in relation to any provisional licensee under sub-section (4) in the same manner as in the case of a licensee under Section 15 of this Act.
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