(1) Every person intending to cure Virginia tobacco by a process other than flue curing shall apply to the Secretary of such other officer of the Board as may be authorized by the Chairman in this behalf, for registration as a curer with the Board, three months before the commencement of curing of such tobacco. If the curer is also seeking a certificate or registration as grower under section 10, the application for registration as a curer shall be made at the same time as the application for registration or renewal of registration as a grower.
(2) (a) The registration as a curer has to be renewed every year and, unless so renewed, the registration shall cease to be effective on the expiry of the year for which it was granted.
(b) The application for such renewal shall be made to the Secretary or such other officer of the Board as may be authorized by the Chairman in this behalf.
(3) Every application for registration including every application for renewal of such registration shall be in Form 9.
(4) Every application for registration or renewal of registration as curer shall be accompanied by a fee of five rupees.
Provided that any grower of Virginia tobacco to whom a certificate or registration has been granted by the Board and who intends to grow Virginia tobacco shall not be required to pay any separate fee as such curer.
(5) Every certificate of registration, where granted shall be in Form 10.
34-A. Procedure and principles for grant of registration as curer :-
(1) The Board shall constitute a Committee (hereinafter in this rule and rule 34B referred to as the Committee) consisting of five members of the Board to scrutinize the applications for registration or renewal of registration under rule 34.
(2) On receipt of applications for registration or renewal of registration under rule 34 the Secretary or other officer authorized under subrule (1) of the said rule shall make such inquiry as he deems necessary and shall submit the applications with his recommendations to the Committee constituted under sub rule (1).
(3) For the purpose of any inquiry under sub-rule (2) the Secretary or other officer referred to in the said sub-rule may call for such further information as he deems fit from any applicant and such applicant shall furnish such further information within the period specified by the Secretary or other officer, and if the information so called for is not furnished by the applicant, the Committee may reject the application.
(4) Subject to the provisions of sub-rule (3) the Committee shall consider the applications for registration or its renewal in accordance with subrule (8) and take such decision there on either granting or renewing registration or refusing to grant or renew such registration as it deems fit.
(5) Where the Committee rejects the grant of registration or its renewal under sub-rule (3) or refuses to grant registration or renewal under sub-rule (4) it shall record the reasons for such decision.
(6) The decision of the Committee refusing registration or its renewal along with the reasons for such decision shall be communicated by the Secretary or other officer authorized under sub-rule (2) to the applicant within fifteen days from the date of the decision.
(7) Where the application for registration or its renewal is refused by the Committee the fee paid by the applicant along with the application, shall, subject to the orders passed on the representation, if any, made under sub-rule (9) be refunded to the applicant after deducting there from the cost, if any, of remitting such amount to the applicant, as soon as may be after thirty days of the date of the decision, but not later than fifteen days after the limitation for making the said representation expires or, as the case may be, the Board passes the order on the representation.
(8) (a) In registering or renewing the registration or refusing to register or renew the registration of a person as a curer of Virginia tobacco, regard shall be had to –
(i) the equipment and other facilities which the applicant has and the experience of the applicant in curing Virginia tobacco;
(ii) the production policy of the Board regulating production;
(iii) the total quantity of tobacco expected to be cured in a particular region;
(iv) the total number of persons seeking registration as curers;
and
(v) such other factors as the Committee may deem fit.
(b) In renewing or refusing to renew registration as a curer, in addition to the matter mentioned in clause (a) regard shall be had also to whether the registers required to be submitted by the curer are being maintained and submitted or not, and his past conduct in complying with the provisions of the Act, these rules, any regulations of the Board, conditions of registration and stipulations that may be made by the Board from time to time.
(9) Any person, whose application for registration or its renewal as a curer has been refused by the Committee, may represent to the Board for a revision of the decision of the Committee within thirty days of the communication of the decision to such person and the Board shall, after giving the person concerned a reasonable opportunity to explain, pass such order thereon as it deems fit.
34-B. Registers to be maintained and returns to be submitted by the curer:-
(1) Every curer registered under rule 34 shall submit the following returns to the Secretary or any other officer of the Board authorized by the Chairman in this behalf, namely;
(a) a return in Form 11 within fifteen days of completion of curing;
(b) a return in Form 12 within fifteen days of the disposal of the cured tobacco.
34-C. Procedure and principles for cancellation of registration of curer :-
(a) the registration or its renewal was obtained by furnishing incorrect information ; or
(b) the person registered has contravened any of the provisions of the Act or these rules, or any of the regulations made there under or the terms and conditions of the licence or any directions issued by the Board in pursuance of the provisions of the Act or these rules.
(2) No registration granted as curer shall be cancelled under this rule unless the person concerned has been given a reasonable opportunity to explain.
(3) Where a registration is cancelled, the decision of the Committee, together with the reason therefor shall be communicated by the Secretary, as soon as may be after the decision is taken, to the person concerned and the cancellation shall be effective only from the date of such communication.
(4) Any person, whose registration is cancelled by the committee, may represent to the Board for the revision of the decision of the Committee within thirty days of the communication of the decision to such personable opportunity to explain, pass such orders on the representation as it deems fit.
(5) Cancellation of registration under this rule shall be without prejudice to any action that can be taken under the provisions of the Act or these rules including prosecution.
34-D. Registration as processor or manufacture of Virginia tobacco :-
(1) Every application for registration as processor or manufacturer of Virginia tobacco shall be made to the Secretary or such other officer of the Board as may be authorized by the Chairman in this behalf and shall reach the Secretary or other officer, as the case may be, before the 1st November of the year preceding the calendar year for which the registration is applied for.
(2) (a) The registration under sub-rule (1) as processor or manufacturer has to be renewed every year and, unless so renewed, shall cease to be effective on the expiry of the year for which it is granted.
(b) The application for such renewal must reach the Head Office of the Board before the 30th November of the year proceeding the Year for which renewal is applied for;
(3) Every application for registration or renewal of registration as processor or manufacturer shall be in Form 13 and shall contain the particulars specified therein.
(4) * Every application for registration or its renewal shall accompanied by the fees specified in the Table below :- TABLE be Category Applicant
(i) Processors „A Class „B Class „C Class Quantity of tobacco If the average quantity of tobacco processed during the proceeding three years exceeds ten thousands metric tonnes Above 5,000 metric tonnes upto 10,000 metric tonnes Above 1,000 metric tonnes upto Fee payable Rs.
20,000/- 16,000/-
(ii) 5,000 metric tonnes „D Class 1,000 metric tonnes or below Manufactures 10,000/- 4,000/- „A Class If the average value of the products 30,000/- manufactured during previous three years is above 30 crores * Substituted vide Tobacco Board (Amendment) Rules, 1998 published in Gazette of India, Part-II, Section 3(i) dt.9-10-1998.
„B Class Above one crore and upto 30 crores 20,000/- „C Class Above Rs.20 lakhs and below Rs. 1 crores 10,000/ - „D Class Rs. 20 lakhs or below 2,000/-
(5) Every person registered with the Board as a processor or manufacturer or whose registration as such has been renewed shall be given certificate of registration in Form 14 which may be issued subject to such condition as may be imposed by the Board from time to time.
34-E. Procedure and principles for grant of registration as processor or manufacturer of Virginia tobacco :-
(1) The Board shall constitute a Committee (hereinafter referred to in this rule and rule 34G as the Committee) consisting of five members of the Board to scrutinize the applications for registration as processor or manufacturer of Virginia tobacco.
(2) On receipt of applications for registration as processor or manufacturer, the Secretary or other officer authorized under subrule (1) of rule 34D shall make such inquiry as he deems necessary and shall submit the applications with his recommendations to the Committee.
(3) For the purpose of any inquiry under sub-rule (2) the Secretary or other officer referred to in the said sub-rule may call for such further information as he deems fit from any applicant and such applicant shall furnish such further information within the period specified by the Secretary or other officer, and if such information is not furnished by the applicant, the Committee may reject the application.
(4) Subject to the provisions of sub-rule (3), the Committee shall consider the applications in accordance with sub-rule (7) for registration or its renewal as a processor or manufacturer and take such decision thereon either granting or renewing the registration or refusing to grant or renew the registration, as deemed fit.
(5) Where the Committee reject any application under sub-rule (3) or refuses to grant a registration or renewal there of under sub-rule (4) it shall record the reasons for its decision. The decision of the Committee along with the reasons for such decisions shall be communicated by the Secretary to the applicant within fifteen days from the date of the decision.
(6) Where the application for registration or its renewal is refused by the Committee the fee paid by the applicant along with the application shall, subject to the orders passed on the representation, if any, made under sub-rule (8) be refunded to the applicant after deducting therefrom the cost, if any, of remitting such amount, as soon as may be after thirty days from the date of the decision, but not later than fifteen days after the limitation for making the said representation expires or, as the case may be, Board passes the order on that representation.
(7) (a) In registering or renewing the registration or refusing to register or renew the registration of any persons as a processor or manufacturer regard shall be had to the experience and conduct of the person in matters relating to processing or manufacturing of Virginia tobacco.
(b) In renewing or refusing to renew the registration as processor or manufacturer, in addition to the matters referred to in clause (a), regard shall also be had to whether the applicant has been complying with the provisions of the Act, these rules and regulations made under the Act, conditions of registration and whether he has been complying with the directions issued by the Board from time to time in pursuance of the Act, these rules and regulations made under the Act and also whether the processor or manufacturer has been maintaining the registers required to be maintained by him and submitting the returns required to be submitted by him and whether the processor or manufacturer has been issuing a leaf purchase voucher to the registered dealers and others from whom tobacco has been purchase, indicating there in the quantity, the grade variety and the rate per quintal and the total amount due by way of price of tobacco as stipulated or decided by the Board.
(8) Any per, whose application for registration on its renewal as a processor or manufacturer has been refused by the Committee, may represent to the Board for revision of the decision of the committee, within thirty days of the communication of the decision to such person and the Board shall, after giving the person concerned a reasonable opportunity of being heard, pass such orders thereon as it deems fit.
34-F. Registers to be maintained and returns to be submitted by the processors or manufacturers of Virginia tobacco :-
(1) Every processor or manufacturer of Virginia tobacco shall maintain a register in Form 15 and every manufacturer, who is also an exporter of tobacco products, shall maintain a register in Form 16. The registers maintained by processors and manufacturers shall be produced before the officers of the Board for inspection at any time on demand.
(2) (a) Every processor or manufacturer shall submit to the Secretary or any other officer of the Board authorised by the Chairman in this behalf a monthly return in Form 17, on or before the fifteenth day of the succeeding month.
(b) Every manufacturer who is also an exporter of tobacco products shall submit to the Secretary or other officer authorized under clause (a) a monthly return in Form 18, on or before the fifteenth day of the succeeding month.
34-G. Procedure and principles for cancellation of registration as a processor or manufacturer of Virginia tobacco :-
(1) The registration of any person as processor or manufacturer of Virginia tobacco may be cancelled by the committee if it is satisfied that :-
(a) the registration or its renewal was obtained by furnishing incorrect information; or
(b) the person registered has contravened any of the provisions of the Act, or these rules or regulations made there under; or
(c) the person registered had contravened any of the regulations, terms, conditions and stipulations laid down or introduced by the Board in pursuance of any provisions of the Act, particularly of section 8, these rules and any regulations, terms, conditions and stipulations laid down or introduced by the Board from time to time.
(2) No registration shall be cancelled under this rule unless the person concerned has been given a reasonable opportunity to explain.
(3) Where the registration is cancelled, the decision of the Committee together with the reasons therefore shall be communicated by the Secretary within fifteen days of the decision to the persons concerned and the cancellation shall be effective only from the date of such communication.
(4) Any person whose registration is cancelled by the Committee, may represent to the Board for revision of the decision of the Committee within thirty days from the receipt of the decision and the Board shall, after giving the person concerned a reasonable opportunity of being heard, pass such orders on the representation as it deems fit.
(5) Cancellation of registration under this rule shall be without prejudice to any other action that can be taken under the provisions of the Act or these rules including prosecution.
34-H. Licensing of Commercial grader :-
(1) Every person intending to operate as a commercial grader of Virginia tobacco shall apply to the Secretary or such other officer of the Board as may be authorized by the Chairman in this behalf for a licence as a commercial grader before the 1st November of the year preceding the calendar year for which the licence is sought.
(2) The licence as commercial grader under sub rule (1) has to be renewed every year and unless so renewed, shall cease to be renewed every year and unless so renewed, shall cease to be effective on the expiry of the year for which it is granted. An application for renewal of licence shall be made before the 30th November of the year preceding the year for which renewal of licence is sought.
(3) Every application for licence and every application for renewal of licence shall be in Form 19 and shall contain the particulars specified therein and shall be accompanied by a fee of rupees two hundred and fifty.
(4) Every person licenced with the Board shall be given a licence in Form 20 which may be issued subject to such conditions as may be imposed by the Board from time to time.
34-I. Procedure and principles for grant of licence as commercial grader :-
(1) The Board may constitute a Committee (hereinafter in this rule and rule 34K referred to as the Committee) consisting of five members of the Board to scrutinize the applications for licence or renewal of licence as commercial graders.
(2) On receipt of applications for licence of renewal of licence a commercial grader, the Secretary or other officer authorized under sub rule (1) of the 34-H shall make such inquiry as he deems necessary and shall submit the applications with his recommendations to the Committee.
(3) For the purpose of any inquiry under sub-rule (2) the Secretary or other officer referred to in the said sub-rule may call for such further information as he deems fit from the applicant and such applicant shall furnish the further information so called for within the period specified by the Secretary or other officer and if the information so called for is not furnished by the applicant, the Committee may reject the application.
(4) Subject to the provisions of sub-rule (3) the committee shall consider the applications for licence as commercial graders in accordance with sub-rule (7) and take such decision either granting or renewing the licence of refusing to grant or renew the licence as deemed fit.
(5) Where the Committee rejects any application under sub-rule (3) or refuses to grant or renew a licence under sub-rule (4), it shall record the reasons for its decision. The decision of the Committee shall be communicated by the Secretary to the applicant alongwith the reasons therefor within fifteen days from the date of the decision.
(6) Where the application for grant of licence or renewal of licence is refused by the Committee, the fee paid by the applicant along with the application shall, subject to the orders passed in the representation, if any, made under sub-rule (8), be refunded to the applicant after deducting therefrom the cost of remitting such amount to the applicant, as soon as may be, after thirty days of the date of the decision. But not later than fifteen days after the limitation, for making he said representation expires or, as the case may be, the Board passes the order on that representation.
(7) (a) In granting or renewing a licence or refusing to grant or renew a licence as a commercial grader; regard shall be had to the equipment and other facilities which the applicant has for taking up commercial grading and also the experience of the person in grading of Virginia tobacco.
(b) In renewing or refusing to renew the licence of any person as commercial grader, in addition to the matters mentioned in clause
(a), regard shall be had also to whether the commercial grader has been complying with the provisions of the Act, these rules and any regulations made under the Act, terms and conditions of licence and directions of the Board issued from time to time and whether the commercial grader has been maintaining the registers required to be maintained and submitting the returns required to be submitted by him, as the case may be, under rule 34J.
(8) Any person, whose application for licence or its renewal as commercial grader has been refused by the Committee, may represent to the Board for revision of the decision of the Committee within thirty days of the communication of the decision to such person and the Board shall, after giving the person concerned a reasonable opportunity of being heard, pass such order; thereon as it deems fit.
34-J. Register to be maintained and return to be submitted by the commercial graders :-
(1) Every commercial grader shall maintain a register in Form 21 which shall be kept at the place or grading and made available to any officer of the Board for purpose of verification.
(2) Every commercial grader shall submit to the Secretary or such other officer of the Board as may be authorized by the Chairman, a return in Form 22.
34-K. Procedure and principle for cancellation of licence as commercial graders :-
(1) The licence of any person as a Commercial grader may be cancelled by the Committee if it is satisfied that –
(a) the licence or its renewal was obtained by furnishing incorrect information; or
(b) the person has contravened any of the provisions of the Act, these rules, or any of the regulations or terms and conditions of licence or directions of the Board issued in pursuance of the Act or these rules.
(2) No licence or its renewal shall be cancelled under this rule unless the person concerned has been given a reasonable opportunity to explain.
(3) Where a licence has been cancelled the decision of the Committee together with the reasons therefor shall be communicated by the Secretary as soon as may be after the decision is taken to the person concerned and the cancellation shall be effective only from the date of such communication.
(4) Any person whose licence has been cancelled by the Committee may represent to the Board for the revision of the decision of the Committee within thirty days of the communication of the decision to such person and the Board shall, after giving the person concerned a reasonable opportunity to explain, pass such orders on the representation as it deems fit.
(5) Cancellation of licence under this rule shall be without prejudice to any other action that can be taken under the provisions of the Act or these rules including prosecution.
34-L. Licence for construction of a barn :-
(1) Every person intending to construct a barn for flue curing of Virginia tobacco shall apply to the Secretary or such other officer as may be authorized by the Chairman in this behalf for a licence for construction of a barn, nine months before the commencement of curing in the area in which barn is to be constructed.
(2) The application for licence for construction of a barn shall be in form 23 and shall be in form 23 and shall contain all the particulars specified therein. The application shall be accompanied by a fee of rupees twenty five.
(3) Where any person is licenced to construct a barn for curing of Virginia tobacco, he shall be given a licence in Form 24. The construction of the barn shall be completed within six months from the date of licence for such construction and the fact of completion shall be reported to the Secretary or other officer referred to in sub-rule (1) within one month.
Provided that the Committee constituted for grant of licence for construction of barn under rule 34-M may, at the request of the applicant, extend the period for completion of construction by such period as the Committee may deem fit.
(4) If any person who has constructed a barn with licence from the Board wants to modify the structure for some other use or wants to demolish it, he can do so with the prior intimation to the Board. The licence granted for construction shall stand cancelled from the date of such intimation.
34-M. Procedure and principles for grant of licence for construction of a barn :-
(1) The Board may constitute a Committee (hereinafter in this rule referred to as the Committee) consisting of five members of the Board to scrutinize the applications for licence for construction of a barn.
(2) On receipt of applications for licence for construction of a barn the Secretary or other officer authorized under sub-rule (1) of rule 34-L may make such inquiry as he deems necessary and shall submit the application with his recommendations to the Committee.
(3) For the purpose of any inquiry under sub-rule (2), the Secretary or other officer referred to in the said sub-rule may call for such further information as he deems fit from the applicant and the applicant shall furnish such further information within the period specified by the Secretary or other officer, and if the information so called for is not furnished by the applicant the Committee may reject the application.
(4) Subject to the provisions of sub-rule (3), the Committee shall consider the applications in accordance with sub-rule (5) and take a decision either granting or refusing the licence, as deemed fit.
(5) In licencing a person to construct a barn, regard shall be had to the following matters, namely:
(i) the total number of barns available in the state or region ;
(ii) the place where the barn is proposed to be constructed; the demand for Virginia tobacco both internal and external;
(iii) present and anticipated demand in future of that particular area or region;
(iv) where the barn is proposed to be constructed, the past experience of the person in operating a barn;
(v) the occupation and the number of barns already possessed by the person who intends to construct the barn.
(6) Where the Committee rejects any application under sub-rule (3) or refuses to grant a licence under sub-rule (4) it shall record the reasons for its decision and the decision shall be communicated by the Secretary to the applicant along with the reasons for such decision within fifteen days from the date of the decision.
(7) Where the application for licence is refused by the Committee the fee paid by the applicant along with the application shall, subject to the orders passed on the representation, if any, made under subrule(1), be refunded to the applicant after deducting the cost of remitting such amount to the applicant, as soon as may be after thirty days of the date of the decision, but not later than fifteen days of the date of the decision, but not later than fifteen days after the limitation for making the said representation expires or, as the case may be, the Board passes the order on that representation.
(8) Any person, whose application for licence for construction of a barn under 34-L has been refused by the Committee, may represent to the Board for revision of the decision of the Committee within thirty days of the communication of the decision to such person and the Board shall, after giving the applicant a reasonable opportunity of being heard, pass such order thereon as it deems fit.
34-N. Licence for operation of a barn :-
(1) Every person intending to operate a barn for flue curing of Virginia tobacco shall apply to the Secretary or such other officer as may be authorized by the Chairman in this behalf for a licence for the ensuing year, five months before the commencement of operation of the barn, in any area, but not later than :
(a) the 31st January in the States of Karnataka, Orissa* and Tamil Nadu.
(b) the 31st May in the states of Andhra Pradesh, Maharashtra and West Bengal; and
(c) the 31st March in the states of Gujarat and Uttar Pradesh.
* The word “Orissa” inserted vide notification F.No.8-11-89 E.P.(Agri VI) published vide Gazette of India (Extraordinary) Part-II, sec.3(i) Dt.22-12- 89 and came into force W.E.F.22-12-89.
(2) The licence obtained for operation of a barn has to be renewed every year and unless so renewed, shall cease to be effective on the expiry of the year for which it is granted. The application for such renewal shall be made in the same manner as that for fresh application.
(3) Every application for licence or for renewal for licence for operation of a barn shall be in Form 25 and shall contain all the particulars specified therein and shall also be accompanied by a fee of rupees ten for every barn.
(4) Where any person is licenced by the Board for operation of a barn he shall be given a licence in Form 26.
34-O. Procedure and principles for grant of licence for operation of a barn :-
(1) The Board may constitute a Committee (hereinafter in this rule and rule 34-Q referred to as the Committee) consisting of five members of the Board to lay down criteria for grant of licences or renewal of licences for operation of barns.
(2) While laying down the criteria the Committee shall have regard to –
(a) the production policy framed by the Board under sub-rule (1) of rule 33-A for the year for which licences are to be accorded for operation of barn.
(b) the number of barns available for operation for curing of tobacco;
(c) the number of barns for which licence is sought for operation by an applicant;
(d) the experience of the applicant in flue curing of Virginia tobacco;
(e) the conditions of a barn for which registration is sought ;
(f) in case of renewal of a licence the conduct of the licence in complying with Act, these rules and regulations made under the Act and terms and conditions of licence or certificates of registration issued to the applicant, directions issued and stipulations laid down by the Board ;
(g) such other related factors as the Committee may consider relevant for the purpose.
(3) On receipt of applications for licences or renewal of licences for operation of barns the Secretary or other officer authorized under sub-rule (1) of rule 34-N shall scrutinizes the applications and may make such inquiry as he deems fit. If after such inquiry he is satisfied that the applicant satisfies the criteria laid down by the Committee constituted under sub-rule (1) he shall grant the licence or renewal of licence, as the case may be.
(4) For the purpose of any inquiry under sub-rule (3) the Secretary or other officer referred to in the said sub-rule may call for such further information as he deems fit from the applicant and the applicant shall furnish such further information within the period specified by the Secretary or other officer. If the information so called for is not furnished the Secretary or other officer shall place the application along with other particulars before the Committee for consideration.
(5) If, for any reason, the Secretary or other officer referred to in subrule (3) considers that licence or renewal of licence should not be granted to an applicant, he shall place the matter before the Committee which after making such inquiry as if deems fit, may either grant or refuse such licence or renewal of licence.
(6) The decision of the Committee shall be communicated to the applicant within fifteen days of the date of the decision.
(7) Where the licence or its renewal is refused by the Committee, the reasons for such decision shall also be communicated to the applicant within fifteen days from the date of the decision and the fee paid by the applicant shall, subject to the orders passed on the representation, if any, made under sub-rule (8), be refunded to the applicant after deducting the cost of such refund, as soon as may be after thirty days of the date of the decision but not later than fifteen days after the limitation for making the said representation expires or, as the case may be, the Board passes the order on the representation.
(8) Any person, whose application for licence or its renewal for operation of barn has been refused by the Committee, may represent to the Board for revision of the decision of the Committee within thirty days of the communication of the decision to such person and the Board shall after giving the person concerned a reasonable opportunity to explain, pass such orders thereon as it deems fit.
34-P. Registers to be maintained and returns to be submitted by the licences for operation of barn :- Every person licenced to operate a barn shall submit a return in Form 27 to the Secretary or such other officer authorized in this behalf by the Chairman.
34-Q. Procedure and principles for cancellation of licence or renewal of licence granted for operation of a barn :-
(1) A licence or renewal of licence granted for operation of a barn may be cancelled by the Committee if it is satisfied that :-
(a) the licence was obtained by furnishing incorrect information, or (b the licence has contravened any of the provisions of the Act, these rule of any regulations made under the Act or conditions of licence or any directions or stipulations laid down by the Board from time to time.
(2) No licence shall be cancelled under this rule unless the person concerned has been given a reasonable opportunity to explain.
(3) Where a licence is cancelled the decision of the Committee together with the reasons thereafter shall be communicated by the Secretary, as soon as may be after the decision is taken, to the person concerned and the cancellation shall be effective only from the date of such communication.
(4) Any person whose licence is cancelled by the committee may represent to the Board for the revision of the decision of the Committee within thirty days of the communication of the decision to such person and the Board shall, after giving the person concerned a reasonable opportunity to explain pass such orders on the representations as it deems fit.
(5) Cancellation of licence under this rule shall be without prejudice to any other action that can be taken under the provisions of the Act or these rules including prosecution.