LICENCE
Rule-11: Application for licence:
(1) Every application for a
licence shall be signed by or on behalf of the applicant and addressed to such
officer as the State Government may designate in this behalf and it shall be
accompanied by:
(a) Six copies,
in print, of the draft licence as proposed by the applicant, with, he name and
address of the applicant and of his agent (if any), printed on the outside of
the draft;
(b) Three
copies, each signed by the applicant, of maps of the proposed area of supply
and of the streets or roads in which the supply of energy is to be compulsory,
which shall be so marked or coloured as to define any portion of such area and
streets or roads which are under the administrative control of any local authority
and shall be on a scale:
(i) Of not
less than 10 centimetres to a kilometre, or
(ii) If no
such maps are available, of not less than that of the largest scale ordinance
maps available, or
(iii) On such
other scales as may be approved by State Government;
(c) A list of
any local authorities vested with the administration of any portion of the area
of supply;
(d) An
approximate statement describing any lands which the applicant proposes to
acquire for the purpose of the licence under the provisions of the Land Acquisition
Act, 1894 (1 of 1894);
(e) An
approximate statement of the capital proposed to be expended in connection with
the undertaking and such other particulars as the State Government may require;
(f) If the
applicant is a Company which is registered under any of the enactments relating
to Companies for the time being in force in India or is a Corporation by an Act
of the Parliament, a copy of the Memorandum and Articles of Association; and
(g) A treasury
receipt for such fee not exceeding fifteen hundred rupees, as the State
Government may require, paid into a Government treasury in the State concerned,
unless such fee is remitted, wholly or in part, by general or special order of
the State Government.
(2) If the application for a
licence is rejected or if a licence is revoked under sub-section (2) of section
4 as to the whole or any part of the area of supply, the State Government may
at its discretion refund, wholly or in part, the fee referred to in clause (g)
of sub-rule (1).
Rule-12: Copies of maps and draft licence for public inspection:
The applicant shall deposit at
his own office and of his agents (if any) and at the office of every local authority
invested with the administration of any portion of the proposed area of supply:
(a) Copies of
the maps referred to in clause (b) of sub-rule (1) of rule 11 for
(b) A
sufficient number of copies of the draft licence to be furnished to all public
inspection; and persons applying for them at a price not exceeding twenty-five 1[*
* * * *] paise per copy.
Rule-13: Contents of draft licence- The draft licence shall contain the
following particulars:
(a) A short
title descriptive of the proposed undertaking together with the address and
description of the applicant, or in the case of a firm, the names of all the directors
or partners of the firm;
(b) A
Statement of the boundaries of the proposed area of supply;
(c) If the
generating station is situated or is to be situated outside the area of supply
or if any intervening area not included in the area of supply is to be crossed,
a list of the streets not included in the area of supply along or across which
electric supply lines are to be laid down or placed;
(d) The
proposed limits within which and the conditions under which the supply of
energy is to be compulsory or permissive, the nature and amount of the supply (if
limited) and the like;
(e) A list of
the streets (if any) which are repairable neither by the Central or the State
Government nor by a local authority and of the railways and tramways (if any),
the soil or pavement of which the applicant seeks powers to open or break up,
and the names of the persons or designations of authorities by whom such streets
are repairable or who are for the time being entitled to work such railways or
tramways;
(f) The
proposed periods after which the right to purchase is to take effect;
(g) A
statement of any special terms of purchase or orders proposed to be made under
section 10; and
(h) Any
proposed modification of the Schedule to the Act to be made under clause (f) of
sub-section (2) of section 3.
Rule-14: Form of draft licence:
The form of draft licence
contained in Annexure III may, with such variation as the circumstances of each
case require, be used for the purposes of rules 11 and 13 and if used, shall be
sufficient.
Rule-15: Advertisement of application and contents thereof:
(1) The applicant shall, within
fourteen days from the submission of the application under rule 11, publish
notice of his application by public advertisement and such advertisement shall
publish such particulars as the State Government may specify.
(2) The advertisement shall be
headed by a short title corresponding to that given at the head of the draft
licence and shall give the addresses of the offices at which, under rule 12,
copies of maps therein referred to may be inspected and the copies of draft
licence perused or purchased and shall state that every local authority,
company or person, desirous of making any representation with reference to the
application to the State Government, may do so by letter addressed to such
officer as the State Government may designate in this behalf within three
months of the date of issue of the first advertisement.
(3) The advertisement shall be
inserted by the applicant in at least two successive issues of such newspapers
as the State Government, having regard to its circulation among persons likely
to be interested, may direct, and in the absence of any such direction, in at
least two successive issues of any newspaper, in any newspaper, published
within the State.
(4) The applicant shall send a
copy of each of the two successive issues of the newspaper containing the
advertisement to such officer as the State Government may designate in this
behalf as soon as the second issue has appeared and the State Government shall
publish the advertisement at least once in the Official Gazette within six
weeks from the date of the first advertisement published under sub-rule (3). Provided
that any failure or delay on the part of the State Government in publishing the
advertisement shall not of itself preclude the grant of a licence.
Rule-16: Amendment of draft licence:
Any person who desires to have
any amendment made in the draft licence shall deliver a statement of the
amendment to the applicant and to such officer as the State Government may
designate in this behalf within the time allowed under sub-rule (2) of rule 15
for the submission of representations referring to the application.
Rule-17: Local enquiries:
If any person locally interested
objects to the grant of a licence applied for under the Act, the State
Government shall, if either the applicant or the objector so desires, cause a
local enquiry to be held of which the notice in writing shall be given to both
the applicant and the objector. Provided that the State Government may refuse
such an enquiry if in its opinion the objection is of a trifling or vexatious
nature.
Rule-18: Approval of draft licence:
When the State Government has
approved a draft licence, either in its original form or in a modified form, such
officer as the State Government may designate in this behalf shall inform the
applicant of such approval and of the form in which it is proposed to grant the
licence.
Rule-19: Notification of grant of licence:
On receiving an intimation in
writing from the applicant that he is willing to accept a licence in the form
approved by the State Government, the State Government shall publish the
licence within two months by a notification in the Official Gazette, together
with a statement that it has been granted.
Rule-20: Date of commencement of licence:
The date of a notification under
rule 19 shall be deemed to be the date of commencement of the licence.
Rule-21: Deposit of maps:
When a licence has been granted,
three sets of maps showing, as regards such licence, the particulars specified
in clause (b) of sub-rule (1) of rule 11 shall be signed and dated to
correspond with the date of the notification of the grant of the licence by
such officer as the State Government may designate in this behalf. One set of such
maps shall be retained as the deposited maps by the said officer and of the
remaining two sets; one shall be furnished to the State Electricity Board
constituted under section 5 of the Electricity (Supply) Act, 1948, and the
other to the licensee.
Rule-22: Deposit of printed copies:
(1) Every person who is granted a
licence shall within thirty days of the grant thereof:
(a) Have
adequate number of copies of the licence printed;
(b) Have
adequate numbers of maps prepared showing the area of supply and the compulsory
areas specified in the licence;
(c) Arrange to
exhibit a copy of such licence and maps for public inspection at all reasonable
times at his head office, his local offices (if any), and at the office of every
authority within the area of supply.
(2) Every such licence shall,
within the aforesaid period of thirty days supply free of charge one copy of
the licence and the relevant maps to every local authority within the area of
supply and shall also make necessary arrangements for the sale of printed
copies of the licence to all persons applying for the same, at a price no’,
exceeding twenty-five 1[* * * * *]
paise per copy.
Rule-23: Application for written consent of State Government in certain
cases:
If a licensee desires the written
consent of the State Government under sub-section (5) of section 12 to enable him to open or
break up the soil or pavement of any street (which is repairable neither by the
Central or the State Government nor by a local authority), or any railway or
tramway, he shall apply for such consent in writing to such officer as the
State Government may designate in this behalf and shall describe accurately the
street, railway or tramway, which he seeks power to open or break up and the
names of the persons or designations of the authorities by the whom such street
is repairable or who are for the time being entitled to work such railway or
tramway; and the extent to which he purposes to open or break up the same.
Rule-24: Amendment of licence:
(1) If a licensee desires that any
alterations or amendments should be made in the terms and conditions of his
licence under subsection (1) of section 4A, he shall submit a written
application to the officer designated by the State Government under rule 11 and
shall within fourteen days from the submission of the application publish
notice of his application by public advertisement; and the provisions of sub-rules
(2), (3) and (4) of rule 15 shall apply to such publication.
(2) The State Government shall
within six months of the date of submission of the application either approve
of the alterations or amendments in the form proposed by the licensee or in any
other modified form which he accepts or rejects them. When the State Government
has approved of the alterations or amendments either in the form proposed by
the licensee or in any other modified form which he accepts, it shall notify
the alterations or amendments so approved, in the Official Gazette.
Rule-25: Sale of Plans:
Copies of plans or sections such
as are referred to in Clause XVI of the Schedule to the Act shall be supplied
by the licensee to every applicant at a price not exceeding one rupee per 1000
square centimetres.
Rule-26: Preparations and submission of accounts:
(1) Every licensee, unless
exempted under section 11, shall cause the accounts of his undertaking to be
made up to the thirty-first day of March each year.
(2) Such licensee shall prepare
and render an annual statement of his accounts in accordance with the
provisions of section 11 within a period of six months from the aforesaid date,
or such extended period as the State Government may authorise after it is
satisfied that the time allowed is insufficient owing to any cause beyond the
control of the licensee; and the statement shall be rendered in quadruplicate if
the State Government so desires.
(3) The accounts shall be made up
in the prescribed forms set out in Annexures IV and V and shall be rendered in
Indian currency. All the forms shall be signed by the licensee or his
accredited agent or manager.
(4) The State Government may, by
special or general order, direct that in addition to the Submission of the
annual statements of accounts in the forms prescribed in sub-rule (3), a
licensee shall submit to the State Government or such other authority as it may
appoint in this behalf such additional information as it may require for the
purpose.
Rule-27: Model conditions of supply:
(1) Without prejudice to the
powers conferred by section 21 on the State Government in this behalf, the
model conditions of supply contained in Annexure VI may, with such variations
as the circumstances of each case require, be adopted by the licensee for the
purpose of sub-section (2) of that section with the previous sanction of the
State Government.
(2) The licensee shall always
keep in his office an adequate number of printed copies of the sanctioned
conditions of supply and shall, on demand, sell such copies to any applicant at
a price not exceeding fifty paise per copy.
Rule-28: Forms of requisitions:
Requisitions under sub-clause (4)
of Clause V or sub-clause (5) of Clause VI, as the case may be, of the Schedule
to the Act shall be made in the form set out in Annexure VII or Annexure VIII.
1. The word “naye” omitted by GSR 256, Date:
26.3.1983.
