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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.
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