Rule 17
Renewal Of A Licence May Be Denied
(1) The Controller may, in the following cases, deny to renew a licence of the Certifying Authority:
(a) If the Certifying Authority has not furnished any documents or details required to be furnished along
with the application to be filed for the renewal;
(b) If any documents or details having in ownership or access of the Certifying Authority are not submitted
as may be requested by the Controller;
(c) If the Controller has obtained a reliable ground that the firm or company obtaining a licence to act as a
Certifying Authority is in the process of liquidation;
(d) If the Certifying Authority has become insolvent and a case relating thereto is under consideration in
any court within Nepal;
(e) If the bank guarantee submitted by the Certifying Authority is suspended or forfeited by the
Controller;
(f) If the firm or company obtaining a licence as a Certifying Authority and the board of director or
proprietor or partner thereof is convicted for an offence of deceit, fraud and forgery in any act
related with one’s transaction or for the offences under the Act;
(g) If the Certifying Authority is found to be unsuccessful to comply or cause to be comply with the guidelines relating to security of electronic record or the procedures of certification submitted by it or contravenes such guidelines or procedures of certification;
(h) If the report on performance of work is not submitted;
(i) If it is found, from the report on work performance, inappropriate to allow the Certifying Authority to
perform the work of certification.
(2) Prior to taking any decision on a matter for not renewing licence under Sub-rule (1), a reasonable opportunity shall be given to the Certifying Authority for presenting its clarification having specified the reason for the denial of renewal of its licence.
(3) If clarification is not submitted under Sub-rule (2) or the clarification submitted is found to be unsatisfactory, the Controller shall, after making a decision for not making renewal of a licence, give the information thereof to the Certifying Authority.
(4) If a decision has been taken for not making renewal of a licence under Sub-rule (3), a notice thereof shall be published in any national-level daily newspaper.
(a) If the Certifying Authority has not furnished any documents or details required to be furnished along
with the application to be filed for the renewal;
(b) If any documents or details having in ownership or access of the Certifying Authority are not submitted
as may be requested by the Controller;
(c) If the Controller has obtained a reliable ground that the firm or company obtaining a licence to act as a
Certifying Authority is in the process of liquidation;
(d) If the Certifying Authority has become insolvent and a case relating thereto is under consideration in
any court within Nepal;
(e) If the bank guarantee submitted by the Certifying Authority is suspended or forfeited by the
Controller;
(f) If the firm or company obtaining a licence as a Certifying Authority and the board of director or
proprietor or partner thereof is convicted for an offence of deceit, fraud and forgery in any act
related with one’s transaction or for the offences under the Act;
(g) If the Certifying Authority is found to be unsuccessful to comply or cause to be comply with the guidelines relating to security of electronic record or the procedures of certification submitted by it or contravenes such guidelines or procedures of certification;
(h) If the report on performance of work is not submitted;
(i) If it is found, from the report on work performance, inappropriate to allow the Certifying Authority to
perform the work of certification.
(2) Prior to taking any decision on a matter for not renewing licence under Sub-rule (1), a reasonable opportunity shall be given to the Certifying Authority for presenting its clarification having specified the reason for the denial of renewal of its licence.
(3) If clarification is not submitted under Sub-rule (2) or the clarification submitted is found to be unsatisfactory, the Controller shall, after making a decision for not making renewal of a licence, give the information thereof to the Certifying Authority.
(4) If a decision has been taken for not making renewal of a licence under Sub-rule (3), a notice thereof shall be published in any national-level daily newspaper.