| Article 40: |
The Authority shall be constituted of 3 or 5 Members appointed by
a decision of the Council of Ministers, in accordance with recommendations of
the Ministry of Housing, Electricity and Water in coordination with the Ministry
of National Economy for a period of three years which may be renewed, and the
decision of the Council of Ministers appointing the Members or renewing the
appointment shall be published in the first issue of the Official Gazette
directly following the appointment or renewal, as the case may be.
The Members shall elect from among themselves a Chairman of the Authority within
a period not exceeding 10 days from the date of the publication of the decision
of the Council of Ministers in the Official Gazette.
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| Article 41: |
The Executive Director of the Authority, determined by the Council of Ministers
from among the Members, shall undertake to implement the decisions of the
Authority and to represent it before the Judiciary and in its relations with
others, and his other functions shall be specified in regulations issued by the
Authority. |
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| Article 42: |
A Person appointed as a Member of the Authority shall meet the following
conditions:
(i) (S)he must be academically and practically qualified and shall enjoy high
competence in the field of his specialization;
(ii) (S)he shall not be a shareholder and neither he nor any of his relative of
the first degree shall have an interest in any Industry Participant;
(iii) (S)he and shall not be a government employee in any capacity or an
employee of an Industry Participant;
(iv) To provide an annual declaration of any interest of any relatives up to the
third degree and to refrain from considering any question in which a relative
has an interest in;
(v) (S)he shall not have been given a punishment restricting freedom in crimes
involving indecency or dishonesty unless rehabilitated.
The Members shall be responsible for the performance by the Authority of its
functions.
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| Article 43: |
The Council of Ministers shall, on the recommendation of the Ministry of
National Economy, make a decision in respect of the financial remuneration and
entitlements of the Chairman and Members of the Authority. |
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| Article 44: |
The Members of the Authority shall undertake the management of the
Authority’s affairs and organization of its business, and shall have in the
first place the authority to take necessary measures to achieve the objects of
the Authority and run its affairs, and in particular the following:
(i) To propose the general policy of the electricity and Related Water sector
and to prepare plans and programmes for its development in accordance with this
Law;
(ii) To issue regulations organizing the business of the Authority relating to
financial and administrative affairs, and to the system of the Authority’s
employees, and the organizational structure of the Authority, and other matters,
all of this without being restricted by government regulations and rules;
(iii) To take measures to obtain necessary loans for the Authority;
(iv) To prepare the proposed annual budget of the Authority and its closing
accounts, and the Annual Report referred to in Article (29) of this Law.
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| Article 45: |
The Council of Ministers shall issue a decision resigning any Members of the
Authority in any of the following cases:
(i) If the Member of the Authority is proved to be incapable of discharging his
duties;
(ii) If (S)he is convicted of a criminal offence involving indecency or
dishonesty;
(iii) If it is proved that the performance of functions is characterized by
mismanagement or misconduct.
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| Article 46: |
The Chairman and the Members of the Authority may resign their office by a
written application submitted to the Minister of National Economy who shall
submit it to the Council of Ministers within a period not exceeding seven days,
and the resignation shall be deemed accepted on the expiry of 60 days from the
date of its submission to the Council of Ministers without a decision being made
on it, the resignation shall not exempt the resigning Member from responsibility
for acts which are in violation of the provisions of the law, and the Member
shall be considered resigned if he absents himself without acceptable reason
from two consecutive meetings of the Authority, with which he was notified.
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| Article 47: |
The Chairman and Members of the Authority shall perform their duties
pursuant to the provisions of this Law, and they may not be assigned any duty
not stipulated in this Law. |
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| Article 48: |
The transfer of Omani employees of the Ministry of Housing, Electricity and
Water or other government units to the Authority shall be on the basis of their
privileges and rights and pensions, without prejudice to any employment
privileges prescribed by this Law or the regulations of the Authority, and
employment treatment for the employees appointed to the Authority after its
establishment shall be in accordance with the provisions of regulations issued
by the Authority in this regard, and the provisions of employment contracts
signed with them. |
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| Article 49: |
The provisions of the Law for Omani Government Employees Post Service
Pensions and Gratuities shall apply to the Omani employees of the Authority
whether they transfer to it or are appointed by it after its establishment, and
their pensions rights shall be settled in accordance with the provisions of the
above mentioned law. |
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