Section 38 in The Jammu and Kashmir State Agricultural Produce Marketing (Regulation) Act, 1997
38. Power to cancel or suspend licences.
(1)Subject to the provision of sub-section (4), a market committee may, for the reason to be recorded in writing, suspend or cancel a licence :(a)if the license has been obtained through wilful misrepresentation or fraud;(b)if the holder of the licence or any servant or any one acting on his behalf with his express or implied permission commits a breach of any of the terms or conditions of the licence;(c)if the holder of the licence in combination with other holder of licences commits any act or abstains from carrying out his normal business in the market area with the intention or wilfully obstructing suspending or stopping the marketing of notified agricultural produce in the market yard/yards and in consequence thereof the marketing of any produce has been obstructed, suspended or stopped;(d)if the holder of the licence has becomes an insolvent;(e)if the holder of the licence incurs any disqualification as may be prescribed;(f)if the holder is convicted of any offence under this Act.(2)(a)Subject to the provision of sub-section (4), the Chairman of a market committee or the.person authorised by the Board in this behalf, may for reasons to be recorded in writing, suspend a licence for a period not exceeding one month for any reason for which a market committee or the person authorised by the Board in this behalf may suspend a license under sub-section (1);(b)Subject to the provisions of sub-section (4), the Secretary of a market committee may, for reasons to be recorded in writing, suspend a licence for a period not exceeding one week for any reason for which a market committee may suspend a license under sub-section (1).(3)Notwithstanding anything contained in sub-section (1), but subject to the provisions of sub-section (4), the Director or the Officer authorised by the Board may, for reasons to be recorded in writing, by order suspend or cancel licence granted or renewed by the market committee :Provided that no order under this sub-section shall be made without notice to the market committee.(4)No licence shall be suspended or cancelled under this section, unless the holder thereof is given an opportunity to show cause against such proposed suspension or cancellation.
