(1)The Deputy Commissioner may cancel or suspend any licence or the sale of excise opium-(a)if any duty or fee payable by the holder thereof be not duly and punctually paid, or(b)in the event of any breach by the holder thereof or by any of his servants or by any one acting on his behalf with his express or implied permission, of any of the terms or conditions thereof, or any of the provisions of the Opium Act, 1878, or of the Eastern Bengal and Assam Excise Act, 1910 or of any rules issued under either of these Acts, or(c)if the holder thereof is convicted of any cognizable and non-bailable offence, or(d)if there is reason to believe that the licence is issued as a cloak for smuggling, or for illicit sales, including sales to opium smugglers, or(e)at will, if the conditions of the licence provide for each cancellation or suspension.(2)When a licence is cancelled or suspended under sub-rule (1), clause, (a), (b), (c) or (d), the Deputy Commissioner, may cancel any other licence, permit or pass granted to such person under the Act.(3)Compensation, etc., not allowed on cancellation. - When a licence is cancelled or suspended under sub-rule (1), clause (a), (b), (c) or (d), the licensee shall not be entitled to any compensation for its cancellation or suspension or to the refund of the security deposited in advance at the time of settlement. The licensee must, if so required, also pay vend-fees on the full ration calculated on the average sales of the preceding three months for the remainder of the month in which the licence is cancelled or suspended :Provided that if the licensee is subsequently reinstated, it shall be open to the Deputy Commissioner to refund the vend-fees realised for that portion of the ration for the month in which the licence is suspended which has not actually been purchased by the licensee.(4)Cancellation with or without notice. - When a licence is cancelled under clause, (e) of sub-rule (1), this shall be done either-(a)on the expiration of 15 days' notice in writing of the Deputy Commissioner's intention to do so,(b)forthwith without notice.In the latter case the Deputy Commissioner shall pay to the licensee such sum (if any) by way of compensation, not exceeding one-sixth of the vend-fees paid by the lessee during the previous three months, as he may consider reasonable.(5)When a licence is cancelled under clause (e) of sub-rule (1), any security deposit made by the lessee in respect thereof shall be refunded to him after deducting the amount (if any) due to Government.(6)Resettlement after cancellation.-As soon as a licence is cancelled under this rule or surrendered under Rule 47 the Deputy Commissioner will be at liberty to resettle the licence at once in such manner as seems to him suitable :Provided that when a licence is suspended the re-settlement shall be effected provisionally and shall not be confirmed pending the result of the enquiry or prosecution in consequence of which the order of suspension was passed.(7)cancellation, etc., to be reported to Excise Commissioner. - All cancellations, suspensions and resettlements shall be reported to the Commissioner.
