(1) No person, other than those authorised to do so by licence or by virtue of exemption under this Act or authorised to or exempted by any other authority under the Electricity (Supply) Act, 1948, shall engage in the State in the business of,-
(a) transmitting electricity; or
(b) supplying electricity.
(2) Where any difference or dispute arises as to whether any person is engaged or is not engaged or about to engage in the business of transmitting or supplying electricity as specified in sub-section (1), the matter shall be
11. Substituted by G.O.Ms.No.45, Law (F) Department, dated
01.06.2016.
Licensing.
22 [Act No.30 of 1998] referred to the Commission and the decision of the Commission shall be final.
(3) The Commission shall have the power to order any unlicensed person to cease operating and disconnect its apparatus.
(4) Notwithstanding anything contained in any other provisions of this Act and until the establishment of the Commission in terms of section 3, the State Government shall have the power to grant provisional licences under this section having a duration not exceeding twelve months to any person or persons to engage in the state in the business of transmission or supply, 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 namely:-
(a) upon the establishment of the Commission, each of the provisional licences granted by the State Government shall 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 notified by the Commission.
(5) The State Government, shall be entitled to confer on the provisional licensees under sub-section (4) such powers, rights and authorisation as the Commission is entitled to grant to the licensees under this Act.