| Article 63: |
Except as otherwise provided for in this Law, the abovementioned
Commercial Companies Law shall apply to the closed Omani joint stock company
named the Electricity Holding Company. |
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| Article 64: |
The Articles of Association of the Electricity Holding Company shall be made
pursuant to the provisions of the abovementioned Commercial Companies Law and in
a manner not in conflict with the provisions of this Law. |
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| Article 65: |
Subject to the provisions of Article (13), the Electricity Holding Company shall
undertake to implement the policies of the government approved by the Council of
Ministers in respect of the privatisation of the electricity and Related Water
sector and shall encourage electricity or electricity and Related Water projects
in the Sultanate of Oman, to be financed from private sources. The Electricity
Holding Company shall in particular undertake the following:
(a) To perform the functions assigned to it pursuant to the provisions of this
Law;
(b) To implement the policy of the government in respect of the financing of
companies Wholly-owned by the Government in the electricity and Related Water
sector and to safeguard and maintain the interest of the government in these
companies;
(c) To hold or dispose of the shares of the government in the companies
stipulated in Article (66) of this Law and also the companies referred to in
paragraph (e) of this Article, and to take measures and conclude contracts and
agreements required in respect thereof;
(d) To take necessary measures to achieve its objectives or measures connected
to these objectives;
(e) To establish new companies, or appoint existing companies undertaking
activities relating to, or complimentary to, its activities, particularly for
the purposes of securing New Capacity pursuant to this Law, and also to
establish a new company or entrust an existing company whether to undertake
ownership, operation and maintenance of any of the assets or operation of any
Electric Plants, Systems, or Production Facilities whenever it reverts to the
Oman Power and Water Procurement Company, or to undertake the ownership,
operation and maintenance of any of the assets that revert to the government in
accordance with Article (122) of this Law;
(f) To provide central accounting services for the companies Wholly-owned by the
Government operating in the electricity and Related Water sector.
It shall be prohibited for the Electricity Holding Company to undertake any of
the regulated activities or any activity not provided for in this Law.
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| Article 66: |
The Electricity Holding Company shall undertake to hold the shares of the
government in the following companies:
(a) The Oman Power and Water Procurement Company SAOC;
(b) The Oman Electricity Transmission Company SAOC;
(c) The Al-Rusail Power Company SAOC;
(d) The Wadi Al Jizzi Power Company SAOC;
(e) The Al Ghubrah Power and Desalination Company SAOC;
(f) The Mazoon Electricity Company SAOC;
(g) The Majan Electricity Company SAOC;
(h) The Muscat Electricity Distribution Company SAOC; and
(I) The Rural Areas Electricity Company SAOC.
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| Article 67: |
The companies stipulated in
Article (66) of this Law shall take the form of Omani closed joint stock
companies, and the Ministry of Finance in coordination with the Ministry of
National Economy shall have the right to modify the legal form of any such
companies, and the Ministry of Finance shall secure the availability of adequate
finance to enable such companies to undertake the activity assigned to them
pursuant to this Law whether such Finance is from the Ministry of Finance or
from any other source, provided the Ministry of Finance approves such finance,
all being for as long as the companies are Wholly-owned by the Government. |
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| Article 68: |
Each of the companies stipulated in Article (66) of this Law shall have a Board
of Directors constituted by a decision of the Minister Supervising the Ministry
of Finance after the approval of the Council of Ministers. |
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| Article 69: |
The Articles of Association of each of the companies stipulated in Article (66)
of this Law shall be in accordance with the above-mentioned Commercial Companies
Law and in a manner not in conflict with the provisions of this Law. |
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| Article 70: |
The provisions of the above-mentioned Government Tender Law and Regulations
shall apply to the transactions made by the Electricity Holding Company and the
companies stipulated in Article (66) of this Law for as long as those companies
are Wholly owned by the Government, without prejudice to any specific provision
in this Law and in a manner not in conflict with its provisions. |
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| Article 71: |
The Electricity Holding Company and all the companies stipulated in Article
(66) of this Law shall be subject to the provisions of the above-mentioned
Financial Law and State Financial Audit Law for as long as these companies are
Wholly-owned by the Government. |
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| Article 72: |
The provisions of the above-mentioned Commercial Companies Law shall apply
to the companies stipulated in Article (66) of this Law without prejudice to any
specific provision in this Law and in a manner not in conflict with its
provisions. |
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| Article 73: |
The Electricity Holding Company shall submit its annual budget and the
budgets of companies stipulated in Article (66) of this Law in a timely manner
to the Ministry of Finance for review and approval, all this for as long as
those companies, or any of them, are Wholly-owned by the Government. |
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