satisfied that public interest so requires, it may revoke a licence in any of the
following cases, namely: -
(a) where the licensee, in the opinion of the Appropriate Commission,
makes wilful and prolonged default in doing anything required of
him by or under this Act or the rules or regulations made
thereunder;
(b) where the licensee breaks any of the terms or conditions of his
licence the breach of which is expressly declared by such licence
to render it liable to revocation;
(c) where the licensee fails, within the period fixed in this behalf by
his licence, or any longer period which the Appropriate
Commission may have granted therefor –
(i) to show, to the satisfaction of the Appropriate Commissio
n,
that he is in a position fully and efficiently to discharge the duties
and obligations imposed on him by his licence; or
15
Sale of utilities
of licensees.
and obligations imposed on him by his licence; or
(ii) to make the deposit or furnish the security, or pay the fees or
other charges required by his licence;
(d) where in the opinion of the Appropriate Commission the financial
position of the licensee is such that he is unable fully and
efficiently to discharge the duties and obligations imposed on him
by his licence.
(2) Where in its opinion the public interest so requires, the
Appropriate Commission may, on application, or with the consent of the licensee,
revoke his licence as to the whole or any part of his area of distribution or
transmission or trading upon such terms and conditions as it thinks fit.
(3) No licence shall be revoked under sub-section (1) unless the
Appropriate Commission has given to the licensee not less than three
months’notice, in writing, stating the grounds on which it is proposed to revoke the
licence, and has considered any cause shown by the licensee within the period of
that notice, against the proposed revocation.
(4) The Appropriate Commission may, instead of revoking a licence
under sub-section (1), permit it to remain in force subject to such further terms and
conditions as it thinks fit to impose, and any further terms or conditions so imposed
shall be binding upon and be observed by the licensee and shall be of like force and
effect as if they were contained in the licence.
(5) Where the Commission revokes a licence under this section, it
shall serve a notice of revocation upon the licensee and fix a date on which the
revocation shall take effect.
(6) Where an Appropriate Commission has given notice for
revocation of licence under sub-section (5), without prejudice to any penalty which
may be imposed or prosecution proceeding which may be initiated under this Act,
the licensee may, after prior approval of that Commission, sell his utility to any
person who is found eligible by that Commission for grant of licence.
Section 19 • The Electricity Act 2003
Section 19. (1) If the Appropriate Commission, after making an enquiry, is
electricity-act-2003-sec-19.json
•
Section 19
{
"act_title": "The Electricity Act 2003",
"act_slug": "electricity-act-2003",
"section_label": "Section",
"section": {
"number": "19",
"title": "Section 19. (1) If the Appropriate Commission, after making an enquiry, is",
"chapter": null,
"content": "satisfied that public interest so requires, it may revoke a licence in any of the \nfollowing cases, namely: - \n \n(a) where the licensee, in the opinion of the Appropriate Commission, \nmakes wilful and prolonged default in doing anything required of \nhim by or under this Act or the rules or regulations made \nthereunder; \n \n(b) where the licensee breaks any of the terms or conditions of his \nlicence the breach of which is expressly declared by such licence \nto render it liable to revocation; \n \n (c) where the licensee fails, within the period fixed in this behalf by \n his licence, or any longer period which the Appropriate \n Commission may have granted therefor – \n \n (i) to show, to the satisfaction of the Appropriate Commissio\nn, \n that he is in a position fully and efficiently to discharge the duties \n and obligations imposed on him by his licence; or \n \n\n \n \n \n15 \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nSale of utilities \nof licensees. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n and obligations imposed on him by his licence; or \n \n (ii) to make the deposit or furnish the security, or pay the fees or \n other charges required by his licence; \n \n (d) where in the opinion of the Appropriate Commission the financial \n position of the licensee is such that he is unable fully and \n efficiently to discharge the duties and obligations imposed on him \n by his licence. \n \n \n (2) Where in its opinion the public interest so requires, the \nAppropriate Commission may, on application, or with the consent of the licensee, \nrevoke his licence as to the whole or any part of his area of distribution or \ntransmission or trading upon such terms and conditions as it thinks fit. \n \n (3) No licence shall be revoked under sub-section (1) unless the \nAppropriate Commission has given to the licensee not less than three \nmonths’notice, in writing, stating the grounds on which it is proposed to revoke the \nlicence, and has considered any cause shown by the licensee within the period of \nthat notice, against the proposed revocation. \n \n (4) The Appropriate Commission may, instead of revoking a licence \nunder sub-section (1), permit it to remain in force subject to such further terms and \nconditions as it thinks fit to impose, and any further terms or conditions so imposed \nshall be binding upon and be observed by the licensee and shall be of like force and \neffect as if they were contained in the licence. \n \n (5) Where the Commission revokes a licence under this section, it \nshall serve a notice of revocation upon the licensee and fix a date on which the \nrevocation shall take effect. \n \n (6) Where an Appropriate Commission has given notice for \nrevocation of licence under sub-section (5), without prejudice to any penalty which \nmay be imposed or prosecution proceeding which may be initiated under this Act, \nthe licensee may, after prior approval of that Commission, sell his utility to any \nperson who is found eligible by that Commission for grant of licence.",
"footnote": "",
"is_definition": false,
"sort_order": 28
},
"prev_section": "18",
"next_section": "20"
}