23. Issue of enforcement orders and penalties.(1) Where a licensee contravenes any provision
of this Act or the rules made thereunder or any term or condition of the licence, the 1[or any of its
officers not below the rank of Director] may by a written notice require the licensee to show cause
within thirty days as to why an enforcement order may not be issued.
(2) The notice referred to in subsection (1) shall specify the nature of the contravention and the
steps to be taken by the licensee to remedy the contravention.
(3) Where a licensee fails to__
(a) respond to the notice referred to in subsection (1); or
(b) satisfy the Authority about the alleged contravention; or
(c) remedy the contravention within the time allowed by the Authority 2[or any of its officers
not below the rank of Director], Authority may, by an order in writing and giving
reasons__
(i) levy fine which may extend to three hundred and fifty million rupees; or
(ii) suspend or terminate the licence, impose additional conditions or appoint an
Administrator to manage the affairs of the licensee, but only if the contravention is
grave or persistent.
(4) Without prejudice to the provisions of subsection (1) and subsection (3), the Authority 1[or
any of its officers not below the rank of Director] may, by an order in writing, suspend or terminate a
licence or appoint an Administrator, if the licensee__
(a) becomes insolvent or a receiver is appointed in respect of a substantial part of the assets;
(b) being an individual, become insane or dies.
Explanation.__ For the purpose of this section, the Administrator shall be appointed from
amongst the persons having professional knowledge and experience of telecommunication.
1 Subs, Omitted, added & ins by II of 06., ss 1314
2 Ins. by Act II of 06, ss.1314.
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