Section 22 in Jammu and Kashmir State Electricity Regulatory Commission (Licensing) Regulations, 2013
22. Revocation.
- The revocation of the licence shall be as stipulated under section 19 of the Act, which reads as follows:(1)If the Commission, after making an enquiry, is 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 Commission, makes willful and prolonged default in doing anything required of him by or under this Act or 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 Commission may have granted thereof, to -(i)show to the satisfaction of the Commission, that he is in a position fully and efficiently to discharge the duties and obligations imposed on him by his licence; or(ii)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 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 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 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 Commission may, instead of revoking a licence under subsection (1), permit it 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 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 the Commission has given notice for revocation of licence under subsection (5) without prejudice to any penalty which may be imposed or prosecution proceedings 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 the Commission for grant of licence.
