Section 31 in The Fertilizer (Control) Order, 1985
31. Suspension/Cancellation of registration certificate.
(1)A registering authority ["or, as the case may be, the controller"] [Inserted by S.O. 795(E), dated 22nd November,1991.] may, after giving the holder of a certificate of registration or a certificate of manufacture or any other certificate granted under this Order, an opportunity of being heard, suspend or cancel such certificate on any of the following grounds, namely :(a)that such certificate has been obtained by misrepresentation as to material particulars.(b)that any of the provisions of this Order or any of the terms and conditions of such certificate has been contravened or not fulfilled :Provided that while cancelling the certificate the holder thereof may be allowed a period of 30 days to dispose of the balance stock of fertilizers if any, held by him :Provided further that the stock of fertilizer lying with the holder after the expiry of the said 30 days shall be confiscated.(2)Where the contravention alleged to have been committed by a person is such as would, on being proved, justify cancellation of the certificate of registration or, as the case may be, certificate of manufacture or any other certificate granted under this Order to such person the registering authority ["or, as the case may be, the controller"] [Inserted by S.O. 795(E), dated 22nd November,1991.] may, without any notice, suspend such certificate, as an interim measure :Provided that the registering authority ["or, as the case may be, the controller"] [Inserted by S.O. 795(E), dated 22nd November,1991.] shall immediately furnish to the person details and the nature of contravention alleged to have been committed by such person and, after giving the person an opportunity of being heard, pass final orders either revoking the order of suspension or cancelling the certificate within fifteen days from the date of issue of the order of suspension :Provided further that where no final order is passed within the period as specified above, the order of interim suspension shall be deemed to have been revoked without prejudice, however, to further action which the registering authority ["or, as the case may be, the controller"] [Inserted by S.O. 795(E), dated 22nd November,1991.] may take against the holder of the certificate under sub - clause (1).(3)Wherever a certificate is suspended or cancelled under this clause, the registering authority ["or, as the case may be, the controller"] [Added by S.O. 795(E), dated 22nd November, 1991.] shall record a brief statement of the reasons for such suspension or, as the case may be, cancellation and furnish a copy thereof to the person whose certificate has been suspended or cancelled.(4)[ Wherever the person alleged to have committed the contravention is an industrial dealer, the registering authority may also take action against the holder of such certificate of registration, under sub - clauses (1) and (2) :Provided that where such certificate is suspended or cancelled the registering authority shall within a period of fifteen days from the date of issue of such order of suspension or cancellation, furnish to the Controller also, besides sending the same to the person whose certificate has been suspended or cancelled, a detailed report about the nature of contravention committed and a brief statement of the reasons for such suspension or, as the case may be, cancellation :Provided further that the Controller shall, in case of the order for suspension passed by the registering authority, on receipt of the detailed report and after giving the person an opportunity of being heard, pass final order either revoking the order of suspension or cancelling the certificate of registration, within fifteen days from the date of receipt of the detailed report from the registering authority, falling which the order of interim suspension passed by the registering authority shall be deemed to have been revoked without prejudice, however, to further action which the Controller may take against the holder of certificate under sub - clause (1) :Provided also that the order of cancellation passed by the registering authority shall remain effective as if it has been passed by the Controller till such time the Controller, on receipt of the detailed report from the registering authority, and if deemed necessary, after giving the person a fresh opportunity of being heard, pass the final order either revoking or confirming the order of cancellation.] [Added by S.O. 795(E), dated 22nd November, 1991.]
