Section 8 in Himachal Pradesh Specified Essential Commodities (Regulation of Distribution) Order, 2019
8. Suspension/cancellation of authorization and forfeiture of Security.
(1)The Controller within his jurisdiction, may, at any time whether:-(i)on the request of the person to whom an authorization under this order has been issued;(ii)on contravention or attempt to contravene any of the provisions of this order or directions issued thereunder from time to time in this behalf or any term or condition of the authorization or any directions issued thereunder, without prejudice to any other action, that may be taken against him;may amend, suspend or cancel the authorization issued under clause-3 of this order, after making such enquiry, as may be necessary.(2)Without prejudice to any action that may be taken under sub-clause (ii) in respect of contravention of any of the provisions of this order, the controller, within his jurisdiction, may forfeit the whole or part of the security deposited under sub-clause (6) of clause 3 of this order or, recover double the amount of differential cost between the market price and the Controlled price of diverted Specified essential commodities, if any, and thereupon the authorized wholesaler or the fair price shop holder, shall forthwith deposit, within the time frame, as specified by the Controller.(3)The Controller shall recover cost of specified essential commodity equal to the issue price of such specified essential commodity, in case, it has been found in excess against the balances shown in the stock register during the course of inspection and such quantity, so found excess, shall also be taken into account in the stock register and also allotment of fair price shop the subsequent month shall be made accordingly.(4)The Controller shall also recover the excess amount, if any, in lieu of the overcharging done by Fair Price Shop holder or Authorized Wholesaler in respect of any Specified essential commodity:Provided that before passing any Order under sub-clause (1) or sub-clause (2), the Controller shall give a reasonable opportunity of being heard to the party concerned:Provided further that where an enquiry is pending against authorized wholesaler or fair price shop holder, and it is considered necessary to suspend the authorization, the authority concerned, on satisfaction, shall suspend the authorization for the period not exceeding six months:Provided further the suspension of authorization may exceed six months if the matter is pending in a court of Law.(5)Where an authorized wholesaler or a fair price shop holder has been convicted by a court of law for the contravention of this Order or any other order issued under section 3 of the Act, the Controller shall, by order, in writing, cancel his authorization:Provided that where such conviction is set aside in appeal or revision, the Controller, on an application by the person whose authorization has been cancelled, may re-issue the authorization to such person.
