Amendment status not verified — confirm the current text below against the official source.
Power to cancel or suspend licence, permit or pass (1) Subject, to such restrictions as the State Government may prescribe, the authority who granted any exclusive privilege, licence, permit or pass under this Act may cancel or suspend it - (a) if it is transferred or sublet by the holder thereof without the permission of the said authority; or (b) if any duty or fee payable by the holder thereof be not duly paid; or (c) in the event of any breach by the holder thereof, or by any of his servants, or by any one acting on his behalf with his express or implied permission, of any of the terms and conditions thereof, or (d) if the holder thereof is convicted of any offence punishable under this Act or any other law for the time being in force relating to revenue, or of any cognizable and non-bailable offence, or of any offence punishable under the Dangerous Drugs Act, 1930 (2 of 1930) under the Merchantise Marks Act, 1889 (4 of 1889) or under any other section which has been introduced into the Indian Penal Code by section 3 of that Act; or (e) if the holder thereof is punished for any offence referred to in clause (8) of Section 167 of the Sea customs Act. 1878 (8 of 1878); or (f) where a licence, permit or pass has been granted on the application of the holder of an exclusive privilege granted under Section 22, -on the requisition in writing of such holder; or (g) the condition of the exclusive privilege, licence, permit or pass provide for such cancellation or suspension at will (2) When a licence, permit or pass held by any person is cancelled under Clause (a), Clause (b), clause (c), Clause (d) or Clause (e) of sub-section (1), the authority aforesaid may cancel any other licence permit or pass granted to such person by or by the authority of the state Government under this Act, or under any other law for the time being in force relating to Excise, or under the Opium Act, 1878. ( 1 of 1878) (3) When a licence, permit or pass is liable to be cancelled, it may, at the discretion of the authority who granted the same, be suspended for a period of ninety days at a time, provided the authority concerned may extend the period of suspension beyond ninety days under exceptional circumstances, after recording reasons for the same. (4) The holder of a licence, permit or pass shall not be entitled to any compensation for its cancellation or suspension under this section, or to the refund of any fee paid or deposit made in respect thereof. Section 43 - Power to withdraw licences (1) Whenever the authority who granted any licence under this Act considers that the licence should be withdrawn for any cause other than those specified in Section 42, it shall remit a sum equal to the amount of fees payable in respect thereof for fifteen days, and may withdraw the licence either - (a) on the expiration of fifteen days' notice in writing of its intention to do so, or (b) forthwith, without notice (2) If any licence be withdrawn under Clause (b) of Sub-section (1), the said authority shall, in addition to remitting such sum as aforesaid, pay to the licensee such further sum (if any), by way of compensation, as the Excise Commissioner may direct. (3) If any licencee be withdrawn under Clause (a) of Sub-section (1), the Excise Commissioner may, in special circumstances, direct the payment of such compensation as he may consider fit, in addition to the remission of the fee as aforesaid. (4) When a licence is withdrawn under sub-section (1), any fee paid in advance, or deposit made, by the licensee in respect thereof shall be refunded to him, after deducting the amount, (if any) due to the State Government (5) For the purpose of calculating the amount due to the State Government mentioned in sub- section (4), the amount of fee or consideration money payable on account of the licence or exclusive privilege, as the case may be, for the period during which it was in force shall be taken to be the sum bearing the same proportion to the total fee or consideration money, for the whole period for which the licence or exclusive privilege was settled, as the period during which the licence or exclusive privilege was in force bears to the full period for which the licence was settled.