section 48
Power to Cancel or suspend Licensee / Registration.
The Sikkim State Agricultural Produce Marketing (Development and Regulation) Act, 2005(1) Subject to the provisions of sub - section (4) of Section 47, the Director or Managing Director or Prescribed officer or Market Committee who has issued license as tile case may be for the reasons.registration to be communicated to the license holder/ registration holder in writing, suspend or cancel, license registration:- (a) If the license or registration has been obtained through willful misrepresentation or fraud; or (b) if the holder of the license or registration or any servant or anyone acting on his behalf with his (license/registration holder's) expressed or implied permission, commits a breach of any of the terms or conditions of license Registration; (c) if the holder of the license/ registration in combination with other license / registration holder commits any Act or abstains from carrying on his normal business in the market area with the intention of willfully obstructing, suspending or stopping the marketing of notified agricultural produce in the market yard I sub market yard and in consequence whereof the marketing of any notified agricultural produce lies been obstructed, suspended or stopped; (d) if the holder of the license hegistration has become an insolvent; (e) if the holder of the license/registration incurs any disqualification, as may be prescribed; or (f) if the holder of the license/registration is convicted of any offence under this Act then within one year of the conviction if the conviction is for tile first time and within three years for subsequent conviction. (2) Subject to the provisions of sub- section (4) the Chairman or Chief Executive Officer may, after communicating the reasons in writinq to the license /registration holder, suspend a license /registration for the period not exceeding one month on any reason for which the Market Committee may suspend a license / registration under sub- section (1): Provided that such order shall cease to have effect on expiry of a period of ten days from the date on which it is made, unless confirmed by the Market Committee before such expiration. (3) Notwithstanding anything contained in sub- section (1), but subject to the provisions of sub-section (4), the Director/Managing Director may, for the reasons to be communicated in writing to the license / registration holder, by order suspend or cancel his/its licenselregistration granted or renewed by the Market Committee: Provided that no order under this sub section shall be made without notice to the Market Cornmittee. (4) No license/registration shall be suspended or cancelled under this section without giving a reasonable opportunity to its holder to show cause against such suspension or cancellation: Provided that the power to suspend or cancel a license granted by the authority prescribed by the State Government shall vest with the authority himself so prescribed subject to provisions of this section.
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