section 4
Revocation or amendment of licences
The Jammu and Kashmir Electricity Act, 1940Infrastructure199775 sections4 chapters
Part II Part II
Statutory text
- (1) The Government may, if in its opinion the public interest so requires, revoke a licence in any of the following cases, namely :-
- (a) where the licensee, in the opinion of the Government, makes wilful and unreasonable prolonged default in doing anything required of him by or under this Act ;
- (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 Government may substitute there for by order under sub-section (3), clause (b), and before exercising any of the powers conferred on him thereby in relation to the execution of works,-
- (i) to show, to the satisfaction of the Government that he is in a position fully and efficiently to discharge the duties and obligations imposed on him by his licence; or
- (ii) to make the deposit or furnish the security required by his licence ;
- (d) where the licensee is, in the opinion of the Government, unable by reason of his insolvency, fully and efficiently to discharge the duties and obligations imposed on him by his licence.
- (2) Where the Government might, under sub-section (1), revoke a licence it may, instead of revoking the licence, 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.
- (3) Where in its opinion the public interest so permits, the Government may, on the application or with the consent of the licensee, and, after consulting the local authority (if any) concerned,-
- (a) revoke a licence as to the whole or any part of the area of supply upon such terms and conditions as it thinks fit, or
- (b) make such alterations or amendments in the terms and conditions of a licence, including the provisions specified in section 3, sub-section (2), clause
- (e) as it thinks fit.
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