39. Suspension and cancellation of licence. - (1) Every licence granted under these rules shall--
(i)stand cancelled, if the licensee ceases to have any right to the site for storing carbide;(ii)be liable to be suspended or cancelled by an order of the licensing authority for any contravention of the Act or of any rule made thereunder or of any condition contained in such licence, or by order of the Central Government, if it is satisfied that there are sufficient ground for doing so:Provided that--(a)before suspending or cancelling a licence under this rule the holder of the licence shall be given an opportunity of being heard;(b)the maximum period of suspension shall not exceed three months; and(c)the suspension of a licence shall not debar the holder of the licence from applying for its renewal in accordance with the provisions of rule 37.(2)Notwithstanding anything in sub-rule (1), an opportunity of being heard may not be given to the holder of a licence before his licence is suspended or cancelled in cases-(a)where the licence is suspended by a licensing authority as an interim measure for violation of any of the provisions of the Act or these rules, or of any conditions contained in such licence and in his opinion such violation is likely to cause imminent danger to the public:Provided that where a licence is so suspended, the licensing authority shall give the holder of the licence an opportunity of being heard before the order of suspension is confirmed;(b)Where the licence is suspended or cancelled by the Central Government if the Government considers that in public interest or in the interest of the security of the State such opportunity should not be given.(3)A licensing Authority or the Central Government suspending or cancelling a licence under sub-rule (1) shall record its reasons for so doing in writing.
