Section 23 in The Gujarat Electricity Industry (Reorganisation and Regulation) Act, 2003
23. Revocation of licence.
(1)The Commission may inquire into the functioning of any licensee in carrying out the obligations under this Act or regulations made thereunder or the terms and conditions of the licence.-(a)upon receiving a complaint relating to the functioning of the licensee from a consumer or association of consumers; or(b)upon a reference made to it by the State Government, Central Government, the Central Commission, Central Electricity Authority or any other Authority; or(c)on its own motion.(2)If upon making such inquiry, the Commission is of the opinion that the 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 Commission, has committed a wilful or unreasonably prolonged default in doing anything required by or under this Act or regulations;(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 licence or any longer period that the Commission may, by order, allow-(i)to show, to the satisfaction of the Commission, that he is in a position to discharge the duties and obligations imposed on him by the licence; and(ii)to make deposit or furnish the security required by the licence;(d)where in the opinion of the Commission the financial position of the licensee is such that the licensee is unable to discharge the duties and obligations imposed on him; and(e)where the licensee, in the opinion of the Commission has made default in complying with a direction given by the Commission.(3)Where in its opinion 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 a license as to the whole or any part of the area of transmission, distribution 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 thirty days' 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.(5)The Commission may, instead of revoking the licence under sub-section (2), permit it to remain in force subject to such modifications or such further terms and conditions as it thinks fit to impose and the terms and conditions so imposed shall be binding upon, and be complied with by the licensee, and be of like force and effect as if they were contained in the licence.
