section 18
Revocation of Licences
Madhya Pradesh Vidyut Sudhar Adhiniyam, 2000Infrastructure200061 sections14 chapters
Chapter V LICENSING OF TRANSMISSION AND SUPPLY
Statutory text
- (1) The Commission may inquire into the conduct or functioning of any licensee in carrying out the obligations under this Act or the regulations framed there under or the terms and conditions of the licence---
- (a) upon receiving a complaint from any consumer or consumer association or any trade association; or
- (b) upon a reference made to it by the State Government or by the Central Commission or the Central Government or the Electricity Authority or any other Authority; or
- (c) upon receiving a complaint from any company or person involved in the generation, transmission, sub-transmission, distribution or supply of electricity; or
- (d) upon its own knowledge or information derived from any source.
- (2) After making the inquiry under sub-section (1), the Commission may, if in its opinion the public interest so requires, revoke a licence in any of the following cases namely:--
- (a) where the licensee, has committed a wilful or unreasonable default in doing anything required by or under this Act or regulations made thereunder or the Indian Electricity Act, 1910 (No.9 of 1910) or the Electricity (Supply) Act,1948 (No. 54 of 1948) or rules or regulations made there under to the extent applicable in the State read with the provisions of this Act;
- (b) where the licensee commits a breach of any of the terms and conditions of the 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 specified in the liecence or any longer period that the Commission may allow by order-
- (i) to show, to the satisfaction of the Commission, that it is in a position to fully and efficiently discharge the duties and obligations imposed by the licence; and
- (ii) to make the deposit or furnish the security required by the licence; and
- (d) where the financial position of the licensee is such that the licensee is unable to fully and efficiently discharge the duties and obligations imposed on him by the licence.
- (3) Notwithstanding anything contained in the provisions of sub-sections (1) and (2) where the public interest so requires, the Commission may, on the application or with the consent of the licensee, and if the licensee is not a local authority, after consulting the local authority concerned, revoke licence as to the whole or any part of the area of transmission or supply upon such terms and conditions as it thinks fit.
- (4) No licence shall be revoked under sub-section (2) unless the Commission has given to the licensee not less than 30days 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 and has given reasons for such revocation.
- (5) The Commission 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 the terms or conditions so imposed shall be binding upon , and be observed by, the licensee, and be of like force and effect as if they were contained in the licence.
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