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Section 118: Suspension and revocation or cancellation of licence

The Explosives Rules, 2008Central Rules · 1884

(1) Every licence granted under these rules shall— (I) stand cancelled, if—

(a) the licensee has ceased to have any right for the lawful possession over the licensed premises;

(b) the licensee 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.

(II) stand cancelled, if the no-objection certificate is cancelled by the authority issuing the same or District Magistrate or the State Government in accordance with rule 115.

(III) be liable to be suspended or cancelled by an order of the licensing authority for any contravention of the Act or these rules or of any condition contained in such licence, or by order of the Central Government , if it is satisfied that there are sufficient grounds for doing so:

Provided that before suspending or cancelling a licence under this rule, the holder of the licence shall be given an opportunity of being heard.

(2) The suspension 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 licensee entered in the licence.

(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 or these 200 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)] rules or 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, if that Government considers that in the public interest or 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.

Where this provision sits

ActThe Explosives Rules, 2008
Section118
Marginal noteSuspension and revocation or cancellation of licence
JurisdictionCentral
StatusIn force as published by the source

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