Chapter II Chapter II

(1) Every person intending to carry on business of a dealer under this Act shall, before he commences such business, apply for registration to the prescribed authority in the prescribed manner: Provided that nothing in this sub-section shall apply to the sale of notified articles in fairs and temporary markets organised during festivals. (2) Notwithstanding anything contained in sub-section (1), any person already carrying on business of selling any notified article in a tourist area on the date such article is notified under clause (h) of section 2 shall apply for registration under this Act within three months from the aforesaid date. (3) Every application made under sub-section (1) shall be disposed off within a period of three months from the date of receipt of the application failing which the application shall be deemed to have been accepted for registration.

After section 10 of the principal Act, the following section shall be inserted, namely:– “10A. Closure of hotel.— If the holder of a certificate issued under section 8 of this Act intends to close down his business in the premises during the period of validity of the certificate, he shall inform the same to the prescribed authority in writing at least fifteen days prior to the date on which he actually intends to close down the business alongwith original certificate”.

(1) The prescribed authority may refuse to register a dealer under this Act on any of the following grounds, namely:- (a) if he is convicted of any offence under Chapters XIV and XVI of the Indian Penal Code, 1860 under any of the provisions of this Act or of any offence punishable under any law providing for the prevention of hoarding, smuggling or profiteering or adulteration of food and drugs or corruption and two years have not elapsed since the termination of the sentence imposed upon him; (b) if he has been declared insolvent by a Court of competent jurisdiction and has not been discharged; (c) if his name has been removed from the register under clause (c) clause (d) of section 6 and three months have not elapsed since the date of removal; (d) if in the opinion of the prescribed authority there is sufficient ground to be recorded in writing, for refusing registration. (2) No application for registration shall be refused unless the person applying for registration has been afforded a reasonable opportunity of being heard.

(1) The prescribed authority may after affording a reasonable opportunity of being heard, by an order in writing, remove the name of a dealer from the register and cancel his certificate on any of the following grounds, namely: (a) if he ceases to be a dealer; (b) if he is convicted of any offence under Chapter XIV and XVI of the Indian Penal Code, 1860 or under any of the provisions of this Act or of any offence punishable under any law providing for the prevention of hoarding, smuggling or profiteering or adulteration of food or drugs or corruption; (c) if he is declared an insolvent by a Court of competent jurisdiction and has not been discharged; (d) if any complaint of malpractice is received and proved against him. (2) Any dealer whose name is removed from the register under sub-section (1) shall forthwith cease to be a dealer.