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Union of India - Section

Section 34O in The Tobacco Board, Rules, 1976

34O. Procedure and principles for grant of licence for operation of a barn.

(1)The Board may constitute a Committee (hereinafter in this rule and rule 34-Q referred to as the Committee) consisting of five members of the Board to lay down criteria for grant of licences or renewal of licences for operation of barns.
(2)While laying down the criteria the Committee shall have regard to -
(a)the production policy framed by the Board under sub-rule (1) of rule 33-A for the year for which licences are to be accorded for operation of barn.
(b)the number of barns available for operation for curing of tobacco;
(c)the number of barns for which licence is sought for operation by an applicant;
(d)the experience of the applicant in flue curing of Virginia tobacco;
(e)the conditions of a barn for which registration is sought ;
(f)in case of renewal of a licence the conduct of the licence in complying with Act, these rules and regulations made under the Act and terms and conditions of licence or certificates of registration issued to the applicant, directions issued and stipulations laid down by the Board ;
(g)such other related factors as the Committee may consider relevant for the purpose.
(3)On receipt of applications for licences or renewal of licences for operation of barns the Secretary or other officer authorized under sub-rule (1) of rule 34-N shall scrutinizes the applications and may make such inquiry as he deems fit. If after such inquiry he is satisfied that the applicant satisfies the criteria laid down by the Committee constituted under sub-rule (1) he shall grant the licence or renewal of licence, as the case may be.
(4)For the purpose of any inquiry under sub-rule (3) 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 the applicant shall furnish such further information within the period specified by the Secretary or other officer. If the information so called for is not furnished the Secretary or other officer shall place the application along with other particulars before the Committee for consideration.
(5)If, for any reason, the Secretary or other officer referred to in sub-rule (3) considers that licence or renewal of licence should not be granted to an applicant, he shall place the matter before the Committee which after making such inquiry as if deems fit, may either grant or refuse such licence or renewal of licence.
(6)The decision of the Committee shall be communicated to the applicant within fifteen days of the date of the decision.
(7)Where the licence or its renewal is refused by the Committee, the reasons for such decision shall also be communicated to the applicant within fifteen days from the date of the decision and the fee paid by the applicant shall, subject to the orders passed on the representation, if any, made under sub-rule (8), be refunded to the applicant after deducting the cost of such refund, 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 the said representation expires or, as the case may be, the Board passes the order on the representation.
(8)Any person, whose application for licence or its renewal for operation of barn 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 to explain, pass such orders thereon as it deems fit.