Page 45 of 82 46. Cancellation and suspension of licence.- (1) The Commission may, at any time, suspend or cancel a licence, if the Commission has reasons to believe that the licensee(a) is at present such a person that if he were an applicant for a licence, his application would have been disallowed on any of the grounds specified in sub-section 36(3); (b) had obtained the licence by suppressing his disqualification specified in that sub-section ; (c) has failed to start providing the service within the time-limit specified in the licence; or (d) has contravened any provision of this Act or regulations made thereunder or any condition of the licence. (2) The Commission shall serve on the licensee a notice specifying the reasons for the proposed suspension or cancellation, alongwith a direction to present, within 30 (thirty) days, his reply to the proposed action. (3) Where a reply is furnished by the licensee pursuant to the notice under sub-section (2), the Commission, upon consideration of such reply, may, with or without condition(a) direct necessary corrective measures; (b) cancel the licence; (c) suspend the licence for a specified period and direct necessary corrective measures; (d) direct the payment of an administrative fine not exceeding 3 (three) lac taka and, in an appropriate case, also direct necessary corrective measures; or (e) (4) take both the actions specified in clauses (c) and (d). The licensee shall not be entitled to any compensation for damage caused by any action under sub-section (3), nor shall he be entitled to raise such claim before any court or other authority, and even if such claim is raised, the court or other authority shall summarily reject it. BTRC-TelecomLaw2001.doc 45 - 45 -

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