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Sultanate of Oman - Ministry of National Economy - StratigicProjectsIndex



THE LAW FOR THE REGULATION AND PRIVATISATION OF THE ELECTRICITY AND RELATED WATER SECTOR    

Sultanate of Oman - Ministry of National Economy - Privatization Water Electricity 2 2

Part

 Introduction  |  1  |  2  |  3  |  4  |  5  |  6  |  7  |  8

 Part II : The Electricity and Related Water Sector Regulatory Authority

Chapters of the part

  Chapter II : Constitution of the Authority and Functions of its Members

 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.
 

 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.

 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.
 
 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.

 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.
 

 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.
 

 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.

 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.

 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.

 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.

Chapters of the part



Part

 Introduction  |  1  |  2  |  3  |  4  |  5  |  6  |  7  |  8




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