Electricity Act, 2003
24. Suspension of
distribution licence and sale of utility.-
1.
If
at any time the Appropriate Commission is of the opinion that a distribution
licensee--
a. has persistently
failed to maintain uninterrupted supply of electricity conforming to standards regarding
quality of electricity to the consumers; or
b. is unable to
discharge the functions or perform the duties imposed on it by or under the
provisions of this Act; or
c. has persistently
defaulted in complying with any direction given by the Appropriate Commission
under this Act; or
d. has broken the terms
and conditions of licence, and circumstances exist which render it necessary
for it in public interest so to do, the Appropriate Commission may, for reasons
to be recorded in writing, suspend, for a period not exceeding one year, the
licence of the distribution licensee and appoint an Administrator to discharge
the functions of the distribution licensee in accordance with the terms and
conditions of the licence:
Provided that before
suspending a licence under this section, the Appropriate Commission shall give
a reasonable opportunity to the distribution licensee to make representations
against the proposed suspension of licence and shall consider the
representations, if any, of the distribution licensee.
1.
2.
Upon
suspension of licence under sub-section (1), the utilities of the distribution
licensee shall vest in the Administrator for a period not exceeding one year or
up to the date on which such utility is sold in accordance with the provisions
contained in section 20, whichever is later.
3.
The
Appropriate Commission shall, within one year of appointment of the
Administrator under sub-section (1), either revoke the licence in accordance
with the provisions contained in section 19 or revoke suspension of the licence
and restore the utility to the distribution licensee whose licence had been
suspended, as the case may be.
4.
In
a case where the Appropriate Commission revokes the licence under subsection
(3), the utility of the distribution licensee shall be sold within a period of
one year from the date of revocation of the licence in accordance with the
provisions of section 20 and the price after deducting the administrative and
other expenses on sale of utilities be remitted to the distribution licensee.