Chapter VI LICENCES AND PERMITS

(1) Every permit issued or licence granted under this Act shall be issued or granted on payment of such fees, for such period, subject to such restrictions and conditions, and shall be in such form and shall contain such particulars, as may prescribed. (2) The conditions prescribed under sub-section (1) may include provision of accommodation by the licensee to excise officers at the licenced premises on the payment of rent or other charges for such accommodation at or near the licensed premises and the payment of the costs, charges and expenses (including the salaries and allowances of the excise officers) which the Government may incur in connection with the supervision to ensure compliance with the provisions of this Act, the rules made thereunder and the licence.

1. (2) The conditions prescribed under sub-section (1) may include provision of accommodation by the licensee to excise officers at the licenced premises on the payment of rent or other charges for such accommodation at or near the licensed premises and the payment of the costs, charges and expenses (including the salaries and allowances of the excise officers) which the Government may incur in connection with the supervision to ensure compliance with the provisions of this Act, the rules made thereunder and the licence.

Subject to such rules as may be prescribed, any authority granting licence under this Act may require the licensee- (a) to give security for the observance of the terms of his licence, and (b) to execute a counterpart agreement in conformity with the tenor of his licence.

1. (a) to give security for the observance of the terms of his licence, and
2. (b) to execute a counterpart agreement in conformity with the tenor of his licence.

(1) No licence granted under this Act shall be deemed to be invalid by reason merely of any technical defect, irregularity or omission in the licence or in any proceedings taken prior to the grant thereof. (2) The decision of the Commissioner as to what is a technical defect, irregularity or omission, shall be final.

1. (2) The decision of the Commissioner as to what is a technical defect, irregularity or omission, shall be final.

(1) Subject to such restrictions as may be prescribed, the authority granting any licence or permit under this Act 1[irrespective of the period to which the license or permit relates],- (a) if any duty or fee payable by the holder thereof is not duly paid; or (b) 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 (c) if the holder thereof or any of his servants or any one acting on his behalf with his express or implied permission, is convicted of any offence under this Act; or (d) if the holder thereof is convicted of any cognizable and non- bailable offence or of any offence under 2[the Narcotics Drugs and Psychotropic Substances Act, 1985] 3[(Central Act 61 of 1985)] ( or under the Medicinal and Toilet Preparations (Excise Duties) Act, 1955 (Central Act 16 of 1955),or under the Trade and Merchandise Marks Act, 1958 (Central Act 43 of 1958), or under section 481, section 482, section 483, section 484, section 485, section 486, section 487, section 488, or section 489 of the Indian Penal Code or of any offence punishable under section 112 or section 114 of . Inserted by the Act No.10 of 1989, S.10 . Substituted by the Act No. 10 of 1989, S.10 . Substituted by the Act No. 10 of 1989, S.10 the 1[Customs Act, 1962 (Central Act 52 of 1962) irrespective of the fact whether such conviction relates to the period earlier or subsequent to the grant of license or permit; or] (e) if the conditions of the licence or permit provide for such cancellation or suspension at will: Provided that no licence or permit shall be cancelled or suspended unless the holder thereof is given an opportunity of making his representation against the action proposed. (2) Where a licence or permit held by any person is cancelled under clause (a), clause (b), clause (c) or clause (d) of sub-section (1), the authority aforesaid may cancel any other licence granted or permit issued to such persons under this Act or under the Opium Act, 1878 (Central Act I of 1878). (3) The holder of a licence or permit shall not be entitled to any compensation for its cancellation or suspension nor to the refund of any fee paid or deposit made in respect thereof.

1[irrespective of the period to which the license or permit relates],-

1. (a) if any duty or fee payable by the holder thereof is not duly paid; or
2. (b) 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
3. (c) if the holder thereof or any of his servants or any one acting on his behalf with his express or implied permission, is convicted of any offence under this Act; or
4. (d) if the holder thereof is convicted of any cognizable and non- bailable offence or of any offence under 2[the Narcotics Drugs and Psychotropic Substances Act, 1985] 3[(Central Act 61 of 1985)] ( or under the Medicinal and Toilet Preparations (Excise Duties) Act, 1955 (Central Act 16 of 1955),or under the Trade and Merchandise

Marks Act, 1958 (Central Act 43 of 1958), or under section 481,

section 482, section 483, section 484, section 485, section 486, section 487, section 488, or section 489 of the Indian Penal Code

or of any offence punishable under section 112 or section 114 of

the

1[Customs Act, 1962 (Central Act 52 of 1962) irrespective of the fact whether such conviction relates to the period earlier or subsequent to the grant of license or permit; or]

1. (e) if the conditions of the licence or permit provide for such cancellation or suspension at will: Provided that no licence or permit shall be cancelled or suspended unless the holder thereof is given an opportunity of making his representation against the action proposed.

1. (2) Where a licence or permit held by any person is cancelled under clause (a), clause (b), clause (c) or clause (d) of sub-section (1), the authority aforesaid may cancel any other licence granted or permit issued to such persons under this Act or under the Opium Act, 1878 (Central Act I of 1878).
2. (3) The holder of a licence or permit shall not be entitled to any compensation for its cancellation or suspension nor to the refund of any fee paid or deposit made in respect thereof.

(1) Whenever the authority which granted any licence under this Act considers that such licence should be withdrawn for any cause other than those specified in section 31, it may withdraw the licence on the expiration of not less than thirty days notice in writing of its intention to do so. (2) When a licence is withdrawn 2[or clause (e) of sub-section (1) of section 31] part of the licence fee proportionate to the unexpired portion of the term of the licence and the deposit made by the licensee in respect thereof shall be refunded to him after deducting the amount if any, due from him to the

1. (2) When a licence is withdrawn 2[or clause (e) of sub-section (1) of section 31] part of the licence fee proportionate to the unexpired portion of the term of the licence and the deposit made by the licensee in respect thereof shall be refunded to him after deducting the amount if any, due from him to the

Surrender of licence - (1) Any holder of a licence granted under this Act to sell an excisable article may surrender his licence on the expiration of one month's notice in writing given by him to the Excise Superintendent of his intention to surrender the same but the licence fee proportionate to the unexpired portion of the term of the licence for which it would have been current but for such surrender shall not be refunded.

1. (2) Sub-section (1) shall not apply in the case of any licence issued in respect of a lease granted under section 17.