31. Form and conditions of Licences, etc -
Every licence, permit or pass granted under this Act, shall be granted-
(a) by such authority,
(b) on payment of such fees (if any),
(c) subject to such restrictions and on such conditions,
(d) in such form and containing such particulars, and
(e) for such periods,
as the 1[State Government] may prescribe by rules either generally or for any class of licences, permits or passes or as the 1[State Government] may direct for any particular Licence, permit or pass.
( Substituted vide Rajasthan Act. No. 38 of 1957)
Every Licence which was granted under any provision of the Excise Acts or Laws repealed by this Act, shall be deemed to have been granted under the corresponding provision of this Act and shall (unless previously cancelled, suspended, withdrawn or surrendered under this Chapter) remain in force for the period for which it was granted.
Any authority granting a Licence under this Act may require the grantee to execute a counter part agreement in conformity with the tenor of his Licence and to give such security for the performance of such agreement or to make such deposit in lieu of security, as such authority may think fit.
(1) Subject to such restrictions as the 1[State Government] may prescribe, the authority granting any licence, permit or pass under this Act may cancel or suspend it-
(a) if it is transferred or sublet by the holder thereof without the permission of the said authority; or
(b) if any duty or fee payable by the holder thereof be not duly paid; or (c) in the event of any breach by the holder of such Licence, permit or pass or by his servants, or by anyone acting on his behalf with his express or implied permission of any of the terms or conditions of such licence, permit or pass; or
(d) if the holder thereof is convicted of any offence punishable under this Act or any, other law for the time being in force relating to revenue or of any cognizable and non-bailable offence or any offence punishable under the 1[Dangerous Drugs Act, 1930 (Central Act 2 of 1930)] or any law relating to merchandise marks or or any offence punishable under sections 482 to 489 (both inclusive) of the Indian penal code, 2[X X X X] or
(e) where a licence, permit or pass has been granted on the application of the grantee of an exclusive privilege under this Act, on the requisition in writing of such grantee; or (f) if the conditions of the licence, permit or pass provide for such cancellation or suspension at will.
(2) When a licence, permit or pass held by any person is cancelled under Sub-section (1), the authority aforesaid may cancel any other licence, permit or pass granted to such person under this Act or any other law for the time being in force relating to excise, revenue or under 1[The Opium Act. 1887 (Centeral Act 1 or 1787)].
(3) The holder of a licence, permit or pass shall not be entitled to any compensation for the cancellation or suspension thereof under this section nor to a refund of any fee paid or deposit made in respect thereof.
(Omitted vide Rajasthan Act. No. 38 of 1957 )
(1) Whenever the authority which granted a licence, permit or pass under this Act considers that such licence, permit or pass should be cancelled for any cause other than those specified in Section 34, "it may, on remitting a sum equal to the amount of the fees payable in respect thereof for fifteen days, cancel the licence either-
(a) on the expiration of fifteen days' notice in writing of its intention to do so, or (b) forthwith without notice.
(2) When a licence, permit or pass is cancelled under this section any fee paid in advance or deposit made by the Licensee in respect thereof shall be refunded to him after deducting the amount (if any) due to the 1[State Government].
(3) If any licence, permit or pass be cancelled under Clause (b) of Sub-section (1) in addition to the sum remitted as aforesaid, there shall be paid to the Licensee such further sum (if any) by way of compensation as the Excise Commissioner may direct.
(Substituted vide Rajasthan Act. No. 38 of 1957)
Any holder of a licence to sell by retail under this Act may surrender his licence on the expiration of one month's notice in writing given by him to the Excise Commissioner of his intention to surrender the same and on payment of the fee payable for the licence for the whole period for which it would have been current but for such
surrender.
Provided that if the Excise Commissioner is satisfied that there is sufficient reason for surrendering such a licence, he may remit to the holder thereof, the sum so payable on surrender or any portion thereof.
(Substituted vide Rajasthan Act. No. 28 of 1961)
(1) No licence granted under this Act shall be deemed to be invalid by reason merely of any technical defect, irregularity or omission in the licence, or in any proceedings taken prior to the grant, thereof.
(2) The decision of the Excise Commissioner as to what is a technical defect, irregularity or omission shall be final.