The Ministry of Housing, Electricity and Water and any Person undertaking a regulated activity on the date of enforcement of this Law shall continue to undertake the activity until the Transfer Date.

This Law shall not affect the functions and duties of the Ministry of Housing, Electricity and Water relating to Housing and the water supply sector, this is without prejudice to the duties and functions prescribed to this Ministry in relation to Related Water pursuant to the provisions of this Law.

The Employment Rights of each Transferring Employee shall Transfer to the Successor Entity specified in the Transfer Scheme as from the Transfer Date and such employees shall comply with the employment regulations issued by the Successor Entity.

Without prejudice to the rights and privileges prescribed by the regulations relating to personnel affairs issued by the Electricity Holding Company or any of the companies stipulated in Article (66) of this Law, the Employment Rights and privileges of Transferring Employees to any of such companies shall not be less than their Employment Rights and privileges received by them at the Ministry of Housing, Electricity and Water, including their salaries and allowances, on the day preceding the Transfer Date.

As an exception from the provisions of the abovementioned Social Security Law, the treatment of the employees mentioned in the preceding Article shall continue to be subject to the provisions of the abovementioned law of Post Service Pensions and Gratuities for Omani Government Employees, and their contributions be paid and pension rights settled pursuant to its provisions, and the Successor Entity shall be obliged to pay pension contributions of the Transferring Employees to the pensions and gratuities fund, which shall include the part payable by the Transferring Employee and the part payable by the Successor Entity.

The companies shall be obliged not to terminate the service of the Transferring Employees transferred to them for a period of 5 years from the date of privatisation of the company, on condition that the employees shall comply with the company’s regulations and the Labour Law and provided that the provisions of the law for Post Service Pensions and Gratuities for Omani Government Employees shall be taken into account in case of the termination of their services.

It shall be a condition to benefit from the provisions of the preceding Articles (138), (139) and (140) that a Transferring Employee shall continue to be in the service of any Successor Entity until the date of the end of his service.

The Ministry of Housing, Electricity and Water shall on the Transfer Date compensate each Transferring Employee for his accrued leave in accordance with the provisions of the legislation in force in the Sultanate of Oman, and shall also pay all amounts of salaries and allowances due up to the Transfer Date.

The abovementioned Labour Law shall apply to the Transferring Employees as from the Transfer Date, and its provisions shall be applied in respect of their affairs including Labour disputes, except disputes relating to the Transferring Employee’s pension rights, which shall be subject to the jurisdiction of the Administrative Court.

The difference between the wage of the Transferring Employee at the end of the last five years of his service, and his wage at the beginning of these years, shall not exceed 40 per cent, and if the difference exceeds this percentage, such increase shall not be included in the wage taken as the basis for the calculation of his pension dues.

The Pensions and Gratuities fund shall be obliged to receive the contributions of the Transferring Employees, and shall also be obliged to settle their pension rights at the end of their service pursuant to the provisions of the law of Post Service Pensions and Gratuities for Omani Government Employees, taking into consideration the provisions of this Law.

The Successor Entity shall offer the Transferring Employee his right to be employed pursuant to the employment conditions adopted by the Successor Entity in respect of non-Transferring Employees. It may be agreed between the Transferring Employee and the Successor Entity that these conditions shall apply to him, in which case the provisions of such agreements shall be applied will all effects resulting therefrom.

The Authority shall, where it has been revealed to it that a breach of the conditions of the Licence or Exemption or non-compliance with the duties prescribed pursuant to this Law has been or is likely to be committed, by any of the Licence Holders or Exemption Holders, conduct the necessary investigation in this regard.

The Authority in order to achieve the above shall have the following powers:
(a) To notify any relevant Person to submit the documents and information specified by the Authority in the notification, which are in the possession or under the control of that Person, in the time, place and manner as shall be reasonably specified in the notification;
(b) To seek issuance of an order from the Competent Omani Court to oblige any Person who abstains from providing the documents and information pursuant to the provisions of paragraph (a), and the Court shall decide on the request of the Authority for the issuance of the order on an expedited basis.
 

The Minister of Justice shall, on the basis of a request from the Minister of National Economy, issue a decision to grant the employees of the Authority nominated by it the capacity of judicial authority to implement the provisions of this Law and its implementing regulations and decisions.

Without prejudice to any obligations or rights of any Person, other than the Oman Power and Water Procurement Company, pursuant to the relevant Salalah Project Agreements, the Salalah Project Company as from the Transfer Date shall have no right of recourse to any Person other than the Oman Power and Water Procurement Company in case of a breach of the obligations of such company pursuant to the relevant Salalah Project Agreements. Also, no Person other than the Oman Power and Water Procurement Company may claim against the Salalah Project Company in case of a breach of its obligations pursuant to such agreements, and no compensation for costs, expenses, losses, and damages resulting from the non fulfilment of the obligations pursuant to the relevant Salalah Project Agreements shall be paid other than to the Oman Power and Water Procurement Company, which shall take the necessary measures to fulfil its obligations and obtain its rights after consultation with the Authority.

The Salalah Project Company may undertake one or more of the regulated activities pursuant to this Law without obtaining a Licence or Exemption within the Salalah Concession Area pursuant to the relevant Salalah Project Agreements, and during the period from the Transfer Date till the date of expiration of the relevant Salalah Project Agreements, in accordance with the stipulations made by such agreements.

It shall not be permissible for any Person who has an economic interest in the Salalah Project Company, without obtaining the prior written approval of the Authority, to have an economic interest in any Person undertaking any of the regulated activities outside the Salalah Concession Area.

The Oman Power and Water Procurement Company shall not during the Salalah Concession Period have the right of monopoly, or obligation, in respect of contracting for Production Capacity and Output in relation to the Salalah Production Facilities.
As an exception from the above, the Oman Power and Water Procurement Company shall have the right to purchase any surplus Production Capacity and/or Output form the Salalah Project Company pursuant to an agreement between the Oman Power and Water Procurement Company and the Salalah Project Company as long as such purchase is consistent with the Economic Purchase duty imposed on the Oman Power and Water Procurement Company.
 

A Generation Licence issued by the Authority shall permit the Manah Project Company to have interests in the Interconnection and Transmission Facilities, as long as the company retains its interests in the Interconnection and Transmission Facilities to the extent stipulated in the Manah Project Agreements and in accordance with them.

As from the Transfer Date, any securities created by the Manah Project Company over its assets or liabilities shall not be recognized without the prior written approval of the Authority.