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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 3

Part

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

Part III : Regulation and Privatisation of the Electricity & Related Water Sector

Chapters of the part

 Chapter I : Successor Entities: Ownership and Legal Form

 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.

 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.

 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.
 

 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.
 
 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.

 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.

 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.

 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.

 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.

 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.

 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.

Chapters of the part



Part

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




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