Section 42 in Bengal Excise Act, 1909

42. Power to cancel or suspend license, permit or pass.

(1)Subject to such restrictions as the [State Government] [Substituted by paragraph 4(1) of the Adaptation of Laws Order, 1950 for the words Provincial Government, which were earlier substituted by paragraph 4(1) of the Government of India (Adaptation of Indian Laws) Order, 1937 for the words Local Government.] may prescribe, [by rule made under section 85, sub-section (2), clause (i)] [Inserted by section 26(a) of the Bengal Excise (Amendment) Act, 1965 (West Bengal Act 39 of 1965).] the authority who granted any license, permit or pass under this Act may cancel or suspend it-

(a)if it is transferred or sublet by the holder thereof without the permission of the said authority; or

(b)if any duty [tax] [Inserted by section 26(b), ibid.] or fee payable by the holder thereof be not duly paid; or

(c)in the event of any breach by the holder thereof, or by any of his servants, or by any one acting on his behalf with his express or implied permission, of any of the terms or conditions thereof; or

(d)if the holder thereof is convicted of any offence punishable under this Act or any other law for the time being in force relating to revenue, or of any cognizable and non-bailable offence, or of any offence punishable [under the Dangerous Drugs Act, 1930 (2 of 1930)] [Inserted by section 40 of, and Schedule II to, the Dangerous Drugs Act, 1930 (II of 1930).] [or under the Trade and Merchandise Marks Act, 1958 (43 of 1958) or under any of sections 479 to 489 of the Indian Penal Code (XLV of 1860), or under the Medicinal and Toilet Preparations (Excise Duties) Act, 1955 (16 of 1955)] [Substituted by section 26(c) of the Bengal Excise (Amendment) Act, 1965 (West Bengal Act 39 of 1965) for the words and figures or under the Merchandise Marks Act, 1889, or under any section which has been introduced into the Penal Code by section 3 of that Act.]; or

(e)[ if the holder thereof is subjected to any penalty under Chapter XIV of the Customs Act, 1962 (52 of 1962), or;] [Clause (e) substituted by section 5 of the Bengal Excise (Amendment) Act, 1983 (West Bengal Act No. 38 of 1983).]

(f)where a license, permit or pass has been granted on the application of the holder of an exclusive privilege granted under section 22, on the requisition in writing of such holder; or

(g)if the conditions of the license, permit or pass provide such cancellation or suspension at will.

(2)When a license, permit or pass held by any person is cancelled under clause (a), clause (b), clause (c), clause (d) or clause (e) of sub-section (1) the authority aforesaid may cancel any other license, permit or pass granted to such person [by, or by the authority of, the [State Government] [Inserted by paragraph 3 of, and Schedule IV to, the Government of India (Adaptation of Indian Laws) Order, 1937.] under this Act, or under any other law for the time being in force relating to excise, or under the Opium Act, 1878 (I of 1878).]

(3)The holder of a license, permit or pass shall not be entitled to any compensation for its cancellation or suspension under this section, or to the refund of any fee paid or deposit made in respect thereof.