(1) Whenever the authority granting a 6[licence, permit, pass or authorization] considers that it should be cancelled for any cause other than those specifi ed in section 54, he may cancel 7[it] either —
(a) on the expiration of not less than fi fteen days’ notice in writing of his intention to do so ; or 8[(b) forthwith without notice, recording his reasons in writing for doing so].
1. The words and fi gures “of any offence under the Dangerous Drugs Act 1930, or under the Drugs Act, 1940, or under the Bombay Drugs (control) Act, 1952” were substituted for the words and fi gures “of any offence under the Dangerous Drugs Act, 1930” by Bom, 22 of 1960, s. 38 (a)(ii).
2. These words fi gures and brackets were substituted for the words, fi gures and brackets “or under the Drugs Act, 1940, or under the Bombay Drugs (Control) Act, 1952” by Guj. 9 of 1978, s. 6 (i).
3. These words, fi gures, brackets and letter were substituted for the words and fi gures “or of any offence punishable under Article 8 of the Schedule to section 167 of the Sea Customs Act, 1878”, ibid,, s. 6 (ii).
4. This clause was inserted by Bom. 22 of I960, s. 38 (a) (iii).
5. This sub- section was substituted for the original, ibid., s. 38 (d).
6. These words were substituted for the word “licence”, ibid., s. 39(a)(i).
7. This word was substituted for the words “the licence ibid., s. 39 (a) (ii),
8. This clause was substituted, ibid., s. 39 (a) (iii).
II of 1930.
XXII of
1940.
Bom. XI of
1960.
IV of 1889.
XLV of
1860.
II of 1962.
Holder of licences, etc.
not entitled to compensation or refund of fee for cancellation or suspension thereof.
Cancellation for other reasons.
1949 : Bom. XXV ] Gujarat Prohibition Act, 1949 23 1[(2) Where a licence, permit, pass or authorization is cancelled under sub-section
(1), a part of the fee for the licence, permit, pass or authorization proportionate to the unexpired portion of the term thereof and the deposit made by the holder thereof in respect of such licence, permit, pass or authorization shall be refunded to him after deducting any amount due from him to the State Government.]
57. Notwithstanding anything contained in any other section, when a licence is liable under that section to cancellation owing to default in the payment of any duty or fee payable by the holder thereof, the authority granting the licence may attach and take such licence under management, and if the profi ts received from such management after meeting all the expenses of such attatchment and management are less than the amount of the arrears for which the licence was attached and the amount falling due on such licence during the remaining period of such licence, the difference shall be recovered from the licensee as if it were a duty or fee leviable under any one of the provisions of this Act, and in the event of the said profi ts exceeding the amount so due under the licence, the licensee shall not be entitled to receive any of the said profi ts.
58. Notwithstanding anything contained in any law for the time being in force no right, title or interest in any licence, permit, pass or authorisation granted under this Act shall be liable to be sold, transferred or attached in execution of any process of any civil or any other court.
2[58A. The State Government may by general or special order direct that the manufacture, import, export, transport, storage, sale purchase, use, collection, or cultivation of any intoxicant, denatured spirituous preparation, hemp, mhowra fl owers, or molasses shall be under the supervision of such Prohibition and Excise or Police staff as it may deem proper to appoint, and that the cost of such staff shall be paid to the State Government by the person manufacturing, importing, exporting, transporting, storing, selling, purchasing, using, collecting or cultivating the intoxicant, denatured spirituous preparation, hemp, mhowra fl owers, or molasses :
Provided that the State Government may exempt any class of persons or institutions from paying the whole or any part of the cost of such staff.]