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Union of India - Section

Section 20 in The Central Electricity Regulatory Commission (Procedure, Terms And Conditions For Grant Of Transmission License And Other Related Matters) Regulations, 2009

20. Revocation of license .-(1) The Commission may revoke the license, in any of the following circumstance, namely:-

(a)Where the licensee in the opinion of the Commission, makes wilful and prolonged default in doing anything required of it by or under the Act, or the rules or the regulations framed pursuant to the Act;(b)Where the licensee breaches any of the terms and conditions of its license;(c)Where the licensee fails, within the period fixed in this behalf by its license or any longer period which the Commission may allow therefor, to show to the satisfaction of the Commission, that it is in a position fully and efficiently to discharge the duties and obligations imposed on him by its license;(d)Where in the opinion of the Commission the financial position of the licensee is such that it is unable to fully and efficiently discharge the duties and obligations imposed on it by its license;(e)Where licensee has failed or neglected to undertake transmission in electricity;(f)Where the licensee fails to submit the information as required under these regulations;(g)Where the licensee breaches any of the terms and conditions of Transmission Service Agreement during the construction or operations phase:Provided that the license shall not be revoked except after an enquiry by the Commission in accordance with principles of natural justice, and unless the licensee has been given not less three months' notice in writing stating the grounds for revocation of license and considering the cause shown by the licensee within the period of that notice against the proposed revocation:Provided further that the Commission may, instead of revoking the license, permit the license to remain in force subject to such further terms and conditions as it thinks fit to impose, and any further terms and 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 license.
(2)When the licensee makes an application for revocation of the license and the Commission is satisfied that public interest so requires, the Commission may revoke license, on such terms and conditions as it thinks fit.
(3)The Commission shall serve a notice of revocation upon the licensee and fix a date on which the revocation shall take effect and shall simultaneously specify how and by whom the obligations under the license are to be discharged after such revocation.
(4)If the Commission at any stage is satisfied that the project has been abandoned by the licensee thereby affecting its construction, operation or maintenance, the Commission may direct the Central Transmission Utility or any other person found suitable by the Commission, to immediately take over construction, operation or maintenance of the project as an interim measure pending finalisation of proceedings for revocation of license and sale and vesting of utilities of the licensee in accordance with sections 20 and 21 of the Act.