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Section 48: Power to withdraw licences

Odisha Excise Act, 2008State Act of Odisha · Act 10 of 2013

(1) Whenever the authority granting any licence or exclusive privilege under this Act considers that the licence or exclusive privilege should be withdrawn for any cause other than those specified in Section 47, it shall remit a sum equal to the amount of the fees or consideration money payable in respect thereof for fifteen days, and may withdraw the licence either -

(a) on the expiration of fifteen days’ notice in writing of its intension to do so, or

(b) forthwith, without notice.

(2) If any licence or grant of an exclusive privilege is withdrawn under clause

(a) of Sub-section (1), the Excise Commissioner may, in special circumstances, direct the payment of such compensation as he may consider fit, in addition to the remission of the fee to the licensee or grantee of an exclusive privilege as aforesaid.

(3) When a licence or grant of an exclusive privilege is withdrawn under Subsection (1),any fee paid in advance, or deposit made, by the licensee or grantee of an exclusive privilege in respect thereof shall be refunded to him, after deducting the amount, if any, due to the State Government.

(4) For the purpose of calculating the amount due to the State Government mentioned in Sub-section (2), the amount of fee or consideration money payable on account of the licence or exclusive privilege, as the case may be, for the period during which it was in force shall be taken to be the sum bearing the same proportion to the total fee or consideration money, for the whole period for which the licence or exclusive privilege was settled, as the period during which the licence or exclusive privilege was in force bears to the full period for which the licence or exclusive privilege was settled or granted.

Where this provision sits

ActOdisha Excise Act, 2008
Section48
Marginal notePower to withdraw licences
JurisdictionState of Odisha
StatusIn force as published by the source

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