Section 43 in The Bihar and Orissa Excise Act, 1915
43. Power to withdraw licences.
(1)Whenever the authority who granted any licence [or exclusive privilege] [Inserted by Act 10 of 1971.] under this Act considers that the licence [or exclusive privilege] [Inserted by Act 10 of 1971.] should be withdrawn for any cause other than those specified in Section 42, it shall remit a sum equal to the amount of the fees [or consideration money] [Inserted by Act 10 of 1971.] payable in respect thereof for fifteen days, and may withdraw the licence [or exclusive privilege] [Inserted by Act 10 of 1971.] either-(a)on the expiration of fifteen days' notice in writing of its intention to do so; or(b)forthwith, without notice.(2)If any licence [or exclusive privilege] [Inserted by Act 10 of 1971.] be withdrawn under Clause (b) of Sub-section (1), the said authority shall, in addition to remitting sum as aforesaid, pay to the licensee [or grantee of an exclusive privilege] [Inserted by Act 10 of 1971.] such further sum (if any), by way of compensation as the Excise Commissioner may direct.(3)If any licence [or exclusive privilege] [Inserted by Act 10 of 1971.] be withdrawn under Clause (b) of Sub-section (1), the Excise Commissioner may, in special circumstances, direct the payment of such compensation as he may consider fit, in addition to the remission of the fee [or consideration money] [Substituted by A.L.O. 1950.] as aforesaid.(4)When a licence [or exclusive privilege] [Inserted by Act 10 of 1971.] is withdrawn under Subsection (1), any fee [or consideration money] [Inserted by Act 10 of 1971.] paid in advance, or deposit made, by the licensee [or grantee of an exclusive privilege] [Inserted by Act 10 of 1971.] in respect thereof shall be refunded to him, after deducting the amount (if any) due to the [State Government] [Substituted by A.L.O. 1950.].(5)[ For the purpose of calculating the amount due to the State Government mentioned in Sub-section (4), the amount of fee or consideration money payable on account of the licence or exclusive privilege, as the case may be, for the period during which it was in force shall be taken to be the sum bearing the same proportion to the total fee or consideration money, for the whole period for which the licence or exclusive privilege was settled, as the period during which the licence or exclusive privilege was in force bears to the full period for which the licence or exclusive privilege was settled or granted] [Substituted by Act 10 of 1971.].
