BREACH OF TERMS AND CONDITIONS OF LICENSE OR
 REGISTRATION CIVIL LIABILITY AND ADJUDICATION

Clause-32
Breach of terms and conditions of licence etc.
155. Clause 32 deals with the breach of terms and conditions of licence etc. and suspension , curtailment of the period , revocation of such licenses etc.


 156. As regards the title of Chapter X (lines 31 & 32 at page 15) of the Bill, the Committee recommends that the word 'AND ADJUDICATION' should be
 deleted and the word "AND" should be inserted between words 'REGISTRATION' and 'CIVIL LIABILITY'

157. Further, the provision in Clause 32(l)(e) which reads "initiate adjudication proceedings under this chapter" should be substituted by "determine and impose civil liability".

158. In Clause 32(2), ( line 2 of page 16), the word "not" should he corrected as "net". The Committee further recommends that in view of the provisions of clause 16(4) to the same effect, lines 5 to 10 in Clause 32(2) (page-16) which read

"and for this purpose ......Commission" should be deleted and the sentence should culminate with the words "or service".

159. Also, in tune with principles of natural justice, an opportunity of hearing should be accorded to a person likely to be affected by an order under clause 2. Accordingly, the Committee recommends that the following proviso should be
 added after Clause 32(2):-

"Provided that before making any order or direction under this sub-section, the Commission shall give an opportunity to make representation and of hearing to the person or persons who is/are likely to be affected by such direction or order".


Clauses 38 to 42

Filing of Complaint etc.


160. Clauses 38 to 42 deal with filing of complaint, reference for adjudication etc.

161. Since the Committee has already recommended against the system of 'adjudication' by 'Adjudicating Officers', sub-clauses (3) & (4) of Clause 38 (lines 4 to 13 of page 17) need to be completely deleted.

162. In Clause 39(l) (line 16 of page-17) the word "and" should be inserted between the words "Act" and "is" in order to file an obvious lacunae. Further, it is recommended that for the words "subject to................. for holding" (lines14 to 16 of Page-17) the word "hold" be substituted.


 163. The Committee reiterates that the need to provide for an Adjudicating Officer is not quite understood because the power to adjudicate and other related issues vest in the Commission itself as provided under Clause 21 and elsewhere. But due to the provision of an 'Adjudicating Officer', the Commission would be forced to transfer disputes for a separate and fresh adjudication on penalty etc. by the Adjudicating Officer. Needless to mention, it would 'unnecessarily'delay decisions. The Committee, therefore, recommends that the term "Adjudicating -Officer" wherever occurring in Clause 39(2) (line nos. 21, 23, 25 and- 27 of Page-17), Clause 40(2) (line no.23 of page-1 8), Clause 4.1 (line no.27 of page-18) and Clause - 42(2) (line no.31 of page-18) should be substituted with the word "Commission".

164.- Consequently the word "he" occuring twice in Clause 39(2) (line 28 of page-17) should be substituted with the word "it".

165. Further, clauses -39(3) to 39(7) (line nos. 29 to 49 of page-17 and line nos.1 to 10 of page-18) need to- to be completely deleted.