Suspension cancellation of Registration Certificate - (1) A registering

Miscellaneous

authority or, as the case maybe, the Controller may, after giving the holder of a certificate of registration, or a certificate of manufacture or any other certificate granted under this Act, an opportunity of being heard, suspend or cancel such certificate on any of the following grounds namely: -

1. (i) that such certificate has been obtained by fraud or misrepresentation as to material particulars:
2. (ii) that any of the provisions of this Act or any of the terms and conditions of such certificate has been contravened or not fulfilled: Provided that while cancelling the certificate the holder thereof may be allowed a period of 30 (thirty) days to dispose of the balance stock of bio-fertilisers if any held by him: Provided further that the stock of Bio-fertiliser lying with the holder after the expiry of the said 30 (thirty) days period shall be confiscated:

1. (2) Where the contravention alleged to have been committed by a person is such as should, on being proved, justify cancelling of the certificate of registration or, as the case may be certificate of manufacture or any other certificate granted under this Act to such person the registering authority or as the case may be, the Controller may without any notice, suspend such certificate as an interim measure: Provided that the registering authority, or as the case may be the Controller shall immediately furnish to the affected person/persons details and the nature of contravention alleged to have been committed by such person/persons and, after giving the person/persons an opportunity of being heard, pass final orders either revoking the order of suspension or cancelling such certificate within fifteen days from the date of issue of the order of suspension: Provided further that where no final order is passed within the period as specified above, the order of interim suspension shall be deemed to have been revoked without prejudice, however to any further action which the Registering authority or, as the case may be the Controller may take against the holder of the certificate of registration under sub-section (1).
2. (3) Whenever a certificate is suspended or cancelled under this section, the registering authority or as the case may be, the controller shall record a brief statement of reasons for such suspension or, as the case may be cancellation and furnish a copy thereof to the person whose certificate has been suspended or cancelled.
3. (4) Whenever a person is alleged to have committed the contravention, the registering authority shall, within a period of fifteen days from the date of issue of such order of suspension or cancellation furnish to the Controller also, besides sending the same to the person whose certificate has been suspended or cancelled, a detailed report about the nature of contravention committed and a brief statement of the seasons for such suspension or, as the case may be cancellation: Provided that the Controller, shall in case of the order of suspension passed by the registering authority, on receipt of the detailed report and after giving the person an opportunity of being heard, pass final order either revoking the order of suspension or cancelling the certificate of registration, within fifteen days from the date of receipt of the detailed report from the registering authority, failing which the order of interim suspension passed by the registering authority shall be deemed to have been revoked, without prejudice however to any further action which the Controller may take against the holder of certificate of registration under subsection (1). Provided further that the order of cancellation passed by the registering authority shall remain effective as if it has been passed by the Controller till such time the Controller, on receipt of the detailed report from the registering authority and if deemed necessary after giving the person a fresh opportunity of being heard, pass the final order either revoking or confirming the order of cancellation.