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State of Bihar - Section

Section 12 in The (Bihar State) Aid to Industries Act, 1956

12. Termination of State aid.

(1)The State Government may order the termination of State aid to an industry after considering the explanation, if any, offered by the owner of the industry on any of the following grounds, namely:
(i)that any portion of the State aid given has been mis-applied;
(ii)that there has been breach by the owner of the industry of the provisions of this Act, or of any Rule made thereunder or of any condition of the grant;
(iii)that the application on which the State aid has been granted, contained, or was accompanied by any material statement by, the owner which he knew to be false, or any intentional concealment by him of any material fact, which in the opinion of the State Government, it was his duty to disclose, or that any such false statement or concealment was intentionally made in any inquiry made under this Act or in any return under this Act, or in reply to any requisition for information under this Act by or with the connivance of the owner or the person incharge of the management of the industry;
(iv)that the grantee has failed to comply with any order under clause (a) of Section 9, or does not permit, or objects, to the inspection of the accounts of the industry or makes default in respect of any of the particulars specified in clauses (c), (d) and (e) of the said section; or
(v)that the industry is being managed in such a manner as to endanger the repayment of the value of State aid granted thereto repayable under this Act.
(2)Subject to such conditions or restrictions as may be prescribed, the State Government may delegate to such authorities as may be prescribed its power under sub-section (1) to terminate State aid of an amount or value not exceeding fifty thousand rupees in respect of any one industry.
(3)Any person aggrieved by an order terminating State aid passed by an authority to whom power to terminate State aid has been delegated under subsection (2) may appeal within such time and to such authority as may be prescribed and such appeal shall be disposed of in the prescribed manner.
(4)The State Government may, either on its own motion, or an application made in this behalf, call for and examine the record of any appeal disposed of under sub-section (3) and pass such order as it may deem fit:Provided that the State Government shall not pass any order prejudicial to any party unless he has been given a reasonable opportunity of making his representation.]