section 21
Restrictions on licensees and generating companies
The Odisha Electricity Reform Act, 1995Infrastructure199559 sections14 chapters
Chapter VI Chapter VI
Statutory text
- (1) No licensee or Generating Company shall, at any time, without the consent in writing of the Commission, acquire by purchase or otherwise the licence or the undertaking of, or associate himself with, so far as the business of generating, transmitting, distribution or supply of energy is concerned, any other licensee or person generating, transmitting, supplying or intending to generate, transmit or supply electricity: Provided that before applying for such consent, the licensee shall give not less than one month notice of the application,-
- (a) to the Commission; and
- (b) if the licensee holds a supply licence, to every local authority both in the licensee's area of supply and also in the area, if any, in which such other person supplies, or intends to supply energy.
- (2) The licensee shall not, at any time, assign his licence or transfer his undertaking, or any part thereof, by sale, mortgage, lease exchange or otherwise without the previous consent in writing of the Commission.
- (3) Any person to whom the provisions of section 44 of the Electricity (Supply) Act, 1948 applies shall be required to obtain consent from the Commission instead of from the Board as provided under that section.
- (4) A holder of a supply or transmission licence may, unless expressly prohibited by the terms of its licence, enter into arrangements for the purchase of electricity from-
- (a) the holder of a supply licence which permits the holder of such licence to supply energy to other licensees for distribution by them; and
- (b) any person or Generating Company with the consent of the Commission.
- (5) Any agreement relating to any transaction of the nature described in sub-sections (1), (2),
- (3) or
- (4) unless made with, or subject to such consent as aforesaid, shall be void.
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