Section 19 in Bihar Electricity Regulatory Commission (Licencing for Transmission of Electricity) Regulations, 2007
19. Revocation of the Transmission Licence.
(1)The Commission may revoke a transmission licence on its own or on application of the Licensee or on receiving any complaint from any person in accordance with the provisions of the Act, and, these Regulations in any of the following circumstances;(i)Where the conditions and circumstances under which the licence was granted no longer exist.(ii)Where the Commission concludes, after enquiry, that the licensee willfully defaulted in carrying out his duties under the Act or the rules or regulations made thereunder or under the terms and conditions of the licence or has failed to comply with the directives of the Commission.(iii)Where the circumstances of the licensee as perceived by the Commission indicate that the licensee's financial, managerial and technical capabilities are no longer adequate for fulfilling his duties and discharging obligations under the Act and conditions of the licence.(iv)Where the licensee persistently fails to fulfill his part in maintaining Grid Standards and, as a result, the distribution systems and the generating units are jeopardized and quality of supply to consumers suffers frequently and the licensee does not take corrective action.(2)The licence shall not be revoked unless a thorough enquiry is conducted by the adjudicating officer appointed by the Commission under Section 143 of the Act.(3)The Licensee shall be given not less than three months' notice stating clearly the grounds on which the Commission proposes to revoke the licence.(4)If the Commission decides to revoke the licence, the Commission shall serve a notice of revocation upon the licensee stating the effective date from which such revocation shall take effect. The Commission shall also forward a copy of the order of Revocation to the State Government, STU, CEA, Local Authority and to such other person/body as the Commission considers it necessary.(5)The Commission may instead of revoking the licence pass any other order in foisting such terms and conditions subject to which the licensee shall be permitted to operate his business.(6)When Commission has given notice of revocation of licence and the licensee is willing to relinquish his licence (and does not plan to take remedial and improvement measures and does not request the Commission to drop revocation proposal), the licensee may, after prior approval of the Commission, sell the undertaking of the Licensee to any person/company which is found eligible by the Commission for grant of transmission licence, without prejudice to any proceedings which may be or has been initiated or any penalty which may be imposed by the Commission.
