Part IV : Conversion to Companies and the Transfer Scheme
Article 92:
The Ministry of National Economy shall implement the Transfer
Scheme within a period not exceeding six months from the date of the publication
of this Law in the Official Gazette, and it may extend such period for not more
than three months.
Article 93:
The Minister of Housing, Electricity and Water shall have the right to grant the
companies established pursuant to Article (66) of this Law a usufruct right on
the lands used for the projects to be Transferred to such companies in the
manner specified in the Transfer Scheme or the lands required in future to
implementing such projects, and the area of the usufruct shall be determined in
accordance with the actual requirements of the project and in accordance with
lands in the Sultanate of Oman available to the Ministry, and the grant of a
usufruct right shall be in accordance with the procedures, rules, and fees
specified in the abovementioned Law Organizing the Usufruct of the Sultanate
Lands.
Article 94 :
As an exception from the provisions of articles (18) and (19) of the
abovementioned Financial Law all Relevant Assets and Liabilities shall be
subject to Transfer.
The procedures taken pursuant to the Transfer Scheme, including those relating
to all Relevant Assets and Liabilities or any of them, shall be binding on all
Persons without the need for the consent of any other Person.
Article 95:
The date of the commencement of Transfer shall not exceed 30 days from the
date of enactment of the Transfer Scheme and each Transfer shall be effective as
from the date of Transfer prescribed pursuant to the Transfer Scheme, as amended
in accordance with the provisions of Article (98) of this Law.
The Transfer Scheme may include determination of the regulations and dates for
the implementation of the accounts relating to the Electricity Holding Company
and the other companies stipulated in Article (66) of this Law, other than the
dates fixed pursuant to the provisions of this Article, and other items relating
to such accounts.
Article 96:
The Ministry of Housing, Electricity and Water shall within a period not
exceeding 28 days after the completion of any Transfer notify any Person who has
rights or liabilities which thereby become enforceable all or in part against or
in favour of the successor transferee.
This Ministry and other Ministries and any of the Transferees shall conclude the
required agreements and contracts and take all measures necessary to identify
the properties, rights, and liabilities including interests in land Transferred
pursuant to the Transfer Scheme.
Article 97:
The provisions of the agreements and contracts relating to the Transferred
property, or rights or liabilities which were concluded by the Ministry of
Housing Electricity and Water before the Transfer Date shall apply to the
Successor Entity with the same terms, measures, and conditions vested in the
Principal. And the Transfer pursuant to the Transfer Scheme shall not affect the
treatment prescribed in respect of the subject matter of the Transfer as regards
taxes and fees.
Article 98:
The Ministry of National Economy may after consultation with the Ministry of
Housing, Electricity, and Water modify the Transfer Scheme within a period not
exceeding 12 months from the Transfer Date.
The Modifications may not include the Transfer of assets or liabilities except
between a Successor Entity and another who are both Wholly-owned by the
Government at the time of making the modifications, or may not have an adverse
effect on other Persons, and any modification as above mentioned shall be deemed
an integral part of the Transfer Scheme.
The Ministry of National Economy shall coordinate with the Ministry of Housing,
Electricity, and Water if the modifications include the Transfer of any assets
or liabilities of the Ministry of Housing, Electricity, and Water.