34I. 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.
