Page 35 of 82 (d) whether issuance of the licence applied for, the activities authorized by the licence and the terms and conditions of the licence, will be discriminatory compared to those of the existing licence holders, and whether the competition scenario will be affected; (e) how far the issuance of the licence applied for will serve the public interest. (3) A person shall be disqualified for obtaining a licence, if(a) in the case of an individual(i) he is an insane person; (ii) he has been sentenced by a court under any law, other than this Act, to imprisonment for a term of 2 (two) years or more, and a period of 5 (five) years has not elapsed since his release from such imprisonment; (iii) he has been sentenced by a court for commission of any offence under this Act and a period of 5 (five) years has not elapsed since his release from such imprisonment; (iv) he has been declared bankrupt by the court and has not been discharged from the liability of bankruptcy; (v) he has been identified or declared by the Bangladesh Bank or by the court or by a bank or financial institution as a defaulter loanee of that bank or institution; or (vi) his licence has been cancelled by the Commission at any time during the last 5 (five) years; (b) the applicant being a company or corporation or partnership or society or other organization,(i) any provision of sub-clauses (i) to (v) of clause (a) is applicable to its owner or to any of its directors or partners; or (ii) (4) sub-clause (vi) of that clause is applicable to it. Where under this section- BTRC-TelecomLaw2001.doc 35 - 35 -

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