36. Procedure and principles for grant of registration as exporter, packer, auctioneer or dealer in tobacco.
(1)The Board may constitute a Committee (hereinafter referred to in this rule and rule 38 as the Committee) consisting of five members of the Board to scrutinize the applications for registration or renewal of registration under rule 35.(2)On receipt of the applications for registration or renewal of registration under rule 35, the Secretary or such other officer authorized by the Chairman in this behalf shall make such inquiry as he deems necessary and shall submit the applications with his recommendations to the Committee constituted under sub-rule (1).(3)For the purpose of any inquiry under sub-rule (2) the Secretary or other officer referred to in sub-rule (2) may call for such further information as he deems fit from the applicant for registration and such applicant shall furnish such further information 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 in accordance with sub-rule (7) for registration or its renewal and take such decision thereon either granting or renewing the registration or refusing to grant or renew the registration, as the case may be.(5)Where the Committee rejects any application under sub-rule (3) or refuses to register or renew registration under sub-rule (4) it shall record the reasons for such decision. The decision of the Committee shall be communicated to the applicant by the Secretary within fifteen days from the date of the decision.(6)Where the application for registration is refused by the Committee, the fee paid by the applicant along with the application shall, subject to the orders passed on 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 the said representation expires or, as the case may be, the Board passes the order on that representation.(7)(a)In registering or renewing the registration or refusing to register or renew the registration of any person, regard shall be had to the experience of the applicant in matters relating to the export of tobacco or tobacco products or in packing or auctioning or dealing in tobacco, as the case may be, and the Conduct of the person in complying with the provisions of the Act, these rules and any regulations made under the Act and conditions of certificate of registration and direction issued by the Board from time to time and whether the person concerned has been issuing to other dealers from whom tobacco is purchased a purchase voucher stipulated or decided by the Board indicating therein the quantity, the grade, the rate per quintal and the total amount due by way of price of tobacco or tobacco products purchased.(b)In renewing or refusing to renew the registration of any person as exporter of tobacco or tobacco products or as packer or auctioneer of or dealer in tobacco, in addition to the matters referred to in clause (a) regard shall also be had to whether the returns required to be submitted and the registers required to be maintained by applicant under rule 37 have been submitted or maintained by him within the period specified.(8)Any person whose application for registration or its renewal has been refused by the committee, may represent to the Board for revision of the decision of the Committee within thirty days of the receipt of the decision by such person and the Board shall, after giving the person concerned a reasonable opportunity of being heard, pass such orders thereon as it deems fit.
