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State of Jharkhand - Section

Section 43 in Bihar Excise Act, 1915

43. Power to withdraw licences.

(1)Whenever the authority who granted any licence under this Act considers that the licence should be withdrawn for any cause other than those specified in section 42, it shall remit a sum equal, the amount of the fees payable in respect thereof for fifteen days, and may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 intention to do so, or
(b)forthwith, without notice.
(2)If any licence be withdrawn under clause (b) of sub-section (1) the said authority shall, in addition to remitting such sum as aforesaid, pay to the licensee such further sum (if any), by way of compensation, as the Excise Commissioner may direct.
(3)If any licence be withdrawn under clause (a) of sub-section (1) the Excise Commissioner may, in special circumstances, direct the payment of such compensation as he may consider fit in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 as aforesaid.
(4)Where a licence is withdrawn under sub-section (1), any fee paid in advance, or deposit made, by the licensee in respect thereof shall be refunded to him after deducting the amount (if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 State Government.
(5)For the purpose of calculating the amount due to the State Government mentioned in sub-section (4), the amount of fee payable on account of the licence for the period during which it was in force shall be taken to be the sum bearing the same proportion to the total fee for the whole period for which the licence was settled as the period during which the licence was actually in force bears to the full period for which the licence was settled.