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29/02/2024
Laws of Bangladesh

The Electricity Act, 1910

( ACT NO. IX OF 1910 )

Licenses

Grant of Licenses
3. (1) The Government may, on application made in the prescribed form and on payment of the prescribed fee (if any), grant to any person a license to supply energy in any specified area, and also to lay down or place electric supply-lines for the conveyance and transmission of energy,-
 
 
(a) where the energy to be supplied is to be generated out-side such area from a generating station situated outside such area to the boundary of such area, or
 
 
(b) where energy is to be conveyed or transmitted from any place in such area to any other place therein, across an intervening area not included therein, across such area.
 
 
(2) In respect of every such license and the grant thereof the following provisions shall have effect, namely:-
 
 
(a) any person applying for a license under this Part shall publish a notice of his application in the prescribed
 
 
manner and with the prescribed particulars, and the license shall not be granted-
 
 
(i) until all objections received by the Government with reference thereto have been considered by it:
 
 
Provided that no objection shall be so considered unless it is received before the expiration of three months from the date of the first publication of such notice as aforesaid; and
 
 
(ii) until, in the case of an application for a license for an area including the whole or any part of any cantonment, fortress, arsenal, dockyard or camp or of any building or place in the occupation of the Government for naval or military purposes, the Government has ascertained that there is no objection to the grant of the license on the part of the Engineer-in-Chief, General Headquarters, Bangladesh;
 
 
(b) where an objection is received from any local authority concerned, the Government shall, if in its opinion the objection is insufficient, record in writing, and communicate to such local authority its reasons for such opinion;
 
 
(c) no application for a license under this Part shall be made by any local authority except in pursuance of a resolution passed at a meeting of such authority held after one month's previous notice of the same and of the purpose thereof has been given in the manner in which notices of meetings of such local authority are usually given;
 
 
(d) a license under this Part-
 
 
(i) may prescribe such terms as to the limits within which, and the conditions under which, the supply of energy is to be compulsory or permissive, and as to the limits of price to be charged in respect of the supply of energy, and generally as to such matters as the Government may think fit; and
 
 
(ii) save in cases in which under section 10, clause (b), the provisions of sections 5 and 7, or either of them, have been declared not to apply, every such license shall declare whether any generating station to be used in connection with the undertaking shall or shall not form part of the undertaking for the purpose of purchase under section 5 or section 7;
 
 
(e) the grant of a license under this Part for any purpose shall not in any way hinder or restrict the grant of a license to another person within the same area of supply for a like purpose;
 
 
(f) the provisions contained in the Schedule shall be deemed to be incorporated with, and to form part of, every license granted under this Part, save in so far as they are expressly added to, varied or excepted by the license, and shall, subject to any such additions, variations or exceptions which the Government is hereby empowered to make, apply to the undertaking authorised by the license:
 
 
Provided that, where a license is granted in accordance with the provisions of clause IX of the Schedule for the supply of energy to other licensees for distribution by them, then, in so far as such license relates to such supply, the provisions of clauses IX, V, VI, VII, VIII and XII of the schedule shall not be deemed to be incorporated with the license.

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Ministry of Law, Justice and Parliamentary Affairs