I
(1) N0 Objection Certificate granted under rule 34, may be cancelled by the authority issutng the same or authority superior to it, if sueh authority is satisfietia that—
(a) the 1iee11ee 1111111131" has ceased to have any right for the lawful pessessien evetthe premises;
(1)) the iieenee 1101111111 is convicted and sentehced for any 011111111211 effehee or ordered» to execute under Chapter VIII of the Code of Criminal Procedure, 1973 (2 of 1974), a bond for keeping peace for good behaviour;
(e) the cancellation of no objection certificate is absolutely necessary for public peace and safety:
Provided that before cancellation of the no objection certificate, the licence holder shall be given an opportunity of being heard.
(2) The _ authority issuing the no objection certificate 01‘ the State Government cancelling no objection certificate shall record, 111 writing, the reasons for such cancellation and shall immediately furnish to‘ the licence holder and the licensing authority concerned, a copy of the order cancelling the no objection certificate and the reason for such cancellation.
(3) 111 case an appeal is made against the cancellation of no objection certificate, such appeal shall be preferred within a period of sixty days, before the authority superior to the District Authority or the Director Generai of Mines Safety, as the case may be, and the appellate authority may consult the Chief Controller, if so desired.
42., Suspension and revocation 01' cancellation of licence.”— ( 1) Every licence granted under these ruies shall —
(a) stand cancelled, if the licence holder is convicted and sentenced under any criminal offences or ordered. to execute under Chapter VIII of the Code of Criminal Procedure, 1973( 2 of 1974) a bond for keeping peace for good behaviour;
(b) stand cancelled if the N0 Objection Ceuiueate1s cancelled by the District Authority or the State Govemment.
[WU II—JE'UE 3(i)] W W (WWI : WM 121
(c) be liable to be suspended or cancelled by an order of the licensing authority for any contravention of the Act or these rules 01 of any condition centained in such licence, or by order of the Central Government, if it is satisfied that there are sufficient grounds for doing so:
Previded that befere gushending or cancelling a licence under this rule, the hoider 0f the licence shall be given an opportunity of being heard.
(2) The suspensioh or cancellation shall take effect from the date specified therein. '
(3) An order of suspension or revocation of a licence shall be deemed to have been served if sent by post to the address of the licence holder entered in the iicence.
(4) The suspension of a licence shall not debar the holder of the licence from applying for the renewal.
(5) Notwithstanding anything contained in sub—rule (1), an opportunity of being heard may not be given to the holder of the licence before his licence is suspended or cancelled in cases —
(i) where the licence is suspended by a licensing authority as an ‘ interim measure for Violation of any of the provisions of the Act 01 these rules 01 of any conditions contained in such licence and in his opinion such Violation is likely to cause imminent danger to the public:
Provided that where a licence is so suspended, the licensing authority shall give the holder of the licence an opportunity of being heard before the order of suspension is confirmed; or
(ii) where the licence is suspended or cancelled by the Central Government, in the public interest 01 in the interest of the security of the State, such opportunity should not be given.
(6) A licensing authority or the Central Government suspending or cancelling a licence shall record its reason for so doing in writing.