How to restart the mission banned by govt, please advise

We start a firm with the name of jawahar lal Nehru national solar mission and register with central sales tax depart and having pan card and bank account of same name. We are going to establish a solar panel assembling unit of 10 mega watt we have project report. After that we give a recruitment add on contract basis for Uttar Pradesh. Selection process based on written examination. We charge a nominal fee for exam from 240to 320 Inr. After few days of giving recruitment advertise government ban our website, bank account and payment gateway hold our payment. We want know that how can we solve this issue. Government allow us to run this programme or payment get way release our payment so we can refund to candidate who had been applied .please advise what should be do now Thanks. 

Answers (3)

232 votes

The Jawaharlal Nehru National Solar Mission was launched on the 11th January, 2010 by the Prime Minister and is operating under the Control of Ministry of New and Renewable Energy (MNRE) of the Central Government. This is scheme meant to consolidate the solar power parks across India to avoid fragmentation costs and create a self sufficient and perennial energy source for the country. The Solar Power park is governed by the Government Notification No. No. 30/26/2014-15/NSM dated 12.12.14.
Under this scheme the State Governments have to first agree to join hands with the Central Government and allocate lands necessary for such parks. Once such lands are allotted, The Solar Energy Corporation of India (SECI) takes over and appoints Solar Power Park Developers (SPPDs). These developers have the responsibility of developing and running such parks after taking necessary clearances from MNRE and Central Electricity Regulatory Commission (CERC). The Individual Companies who wish to take up a space in the park (called SPDs-Solar Park Developers) have to get the consonance and clearance from the SPDS.
Coming to your query, firstly, I believe that Lucknow Solar Power Development Corporation (LSPDCL) is the SPPD for Uttar Pradesh having allotted park areas in Jalaun, Sonbhadra, Allahabad and Mirzapur. I don’t believe that you have taken any clearances and permissions as required from LSPDCL. If so, then you are not operating under a government scheme but you are creating a parallel solar energy park at a private level.
Now coming to the question as to whether you can commercially exploit natural resources on a private basis without governmental approval? The answer is no. Solar Energy and Electricity are natural resources governed by the Electricity laws of the country. You need government permissions to access the same at a commercial level. Further, you have also chosen a peculiar name- “Jawaharlal Nehru National Solar Mission’ which is the same as the government project name owned by the Government. The Government is fully correct in restricting your use of the same as the same would not only violate the government’s title over these intellectual properties, but also confuse and mislead the public that it is a government program. Moreover, you seem to want to impart education by operating as a university OR are you only having mere recruitment exams? If it is only the latter then it is okay but if you want to impart education, you need licenses and affiliations under the education laws. As regards the payment gateway, it is not understandable as to what you mean by that. Is it a private or a government payment gateway? Clarity is required.
To conclude, it seems that you did not have an ill intent as you have taken Central Sales Tax registration but you seem to be wrongly adviced or ignorant of the basic legal requirements. Legal Consultation is adviced before proceeding any further.

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208 votes

Initially look for the reason as to why your account has been frozen and why your office has been sealed by the government. Based on the findings you should make your case with the help of an advocate stating that how the steps taken by the government is wrong and why they shall immediately be revoked.
In the first half of this case, this matter will run before the government grievance department from where your project, bank and company has been sealed and then in the second half (if the matter do not get resolved from the first half) this matter will run before the competent court of jurisdiction as per the nature of suit and situations.

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321 votes

I presume the Govt. has terminated the Letter of Award (LoA) on the allegation that you have breached the terms thereunder. You're remedy will lie in a Writ to be filed before the High Court seeking quashing of the order terminating the LoA. And you will pray that the Govt. should allow you to carry out the transactions and run this program as originally envisaged under the LoA. This will be a prayer for specific performance of the LoA. On a without prejudice / alternative basis you can ask for the prayer that the payments maybe released so you can refund the amounts to the applicants and mitigate the damages which you will eventually claim from the Govt.
It is a delicate proposition and has to be drafted and pleaded carefully.

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