Section 38 in The Tea (Distribution and Export) Control Order, 2005
38. Power to suspend or cancel the approval of the inspection agency.
- The Licensing Authority may, after giving an opportunity of being heard, for reasons to be recorded in writing, may suspend or cancel the approval of an inspection agency on any of the following grounds, namely :-(a)that the inspection agency has obtained the approval by misrepresentation as to a material particular;(b)that the approved inspection agency has not complied with any of the directions of the Licensing Authority or failed to perform its obligations laid down in the rules, orders or guidelines in force under the Act;(c)that any of the provisions of this Order have been contravened;(d)that the inspection agency has issued a report or certificate indicating in respect of any tea that such tea conforms to the specifications laid down in the Order, whereas such tea is not as per the specifications of this Order;(e)that the inspection agency has issued a report or certificate indicating the non-conformity of tea with the specification laid down in this Order, whereas such tea actually conforms to such specifications;(f)that the inspection agency has issued Certificate of Origin in respect of any consignment of tea under paragraph 11, whereas tea of such consignment actually is not in conformity with the provisions under paragraph 7;(g)that the inspection agency has refused to issue Certificate of Origin in respect of any consignment of tea under paragraph 11, whereas tea of such consignment actually is in conformity with the provisions under paragraph 7;(h)that the inspection agency has issued a report or certificate indicating in respect of the export of a tea consignment that such export conforms to the terms and conditions laid down in the export contract, whereas the same is not as per the contractual obligations.
