BE Act 42Chapter VI · Licences, Permits and Passes

Section 42 · Power to cancel or suspend licence, permit or pass

(1)

Subject to such restrictions as the Chief Commissioner may prescribe, the authority who granted any licence, permit or pass under this Act may cancel or suspend it-

(a)

if it is transferred or sub-let 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 or 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), or under the Trade and Merchandise Marks Act, 1959 (43 of 1959), or under any section which has been introduced into the Indian Penal Code by Section 3 of that Act (Act 45 of 1860); 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)

if the conditions of the 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 Cl. (a), Cl. (b), Cl. (c), Cl. (d) or Cl. (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 Chief Commissioner under this Act, or under the Opium Act, 1878(1 of 1878).

(3)

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.

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