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Union of India - Section

Section 38 in The Tobacco Board, Rules, 1976

38. Procedure and principles for cancellation of registration or renewal of registration of exporters, packers, auctioneers and dealers in tobacco.

(1)The registration of any person as exporter, packer, auctioneer or dealer may be cancelled by the Committee if it is satisfied that -
(a)the registration or its renewal was obtained by furnishing incorrect information; or
(b)the person registered has contravened any of the provisions of the Act, these rules or any regulations made under the Act, or
(c)the person registered has contravened any of the regulations, terms conditions and stipulations laid down by the Board, in respect of measures laid down or introduced by the Board in pursuance of down or introduced by the Act and these rules and in particular, section 8, and such regulations, terms, conditions and stipulations as may be made, laid down or introduced by the Board from time to time.
(2)No registration or renewal of registration shall be cancelled under this rule unless the person concerned has been given a reasonable opportunity of being heard.
(3)Where a registration or its renewal cancelled, the decision of the Committee together with the reasons therefor shall be communicated by the Secretary within fifteen days after the decision is taken to the person concerned and the cancellation shall be effective only from the date of such communication.
(4)Any person whose registration is cancelled by the Committee may represent to the Board for the 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 orders on the representation as it deems fit.
(5)Cancellation of registration under this rule shall be without prejudice to any other action that can be taken under the provisions of the Act or these rules including prosecution.