6EVariation, suspension and revocation of licences
1[6E. Variation, suspension and revocation of licences.--(1) The licensing authority may vary the conditions subject to which a licence has been granted except such of them as have been prescribed and may for that purpose require the holder of licence by notice in writing to deliver-up the licence to it within such time as may be specified in the notice.
(2) The licensing authority may, on the application of the holder of a licence, also vary the conditions of the licence except such of them as have been prescribed.
(3) The licensing authority may, by order in writing, suspend a licence for such period as it thinks fit or revoke a licence,--
(a) if the licensing authority is satisfied that the holder of the licence is prohibited by this Act or by any other law for the time being in force to manufacture, possess, sell, transport, import or export any explosive, or is of unsound mind, or is for any reason unfit for a licence under this Act; or
(b) if the licensing authority deems it necessary for the security of the public peace or for public safety to suspend or revoke the licence; or
(c) if the licence was obtained by the suppression of material information or on the basis of wrong information provided by the holder of the licence or any other person on his behalf at the time of applying for the licence; or
(d) if any of the conditions of the licence has been contravened; or
(e) if the holder of the licence has failed to comply with a notice under sub-section (1) requiring him to deliver-up the licence.
(4) The licensing authority may also revoke a licence on the application of the holder thereof.
(5) where the licensing authority makes an order varying the conditions of a licence under sub-section (1) or an order suspending or revoking a licence under sub-section (3), it shall record in writing the reasons therefor and furnish to the holder of the licence on demand a brief statement of the same unless in any case the licensing authority is of the opinion that it will not be in the public interest to furnish such statement.
(6) A court convicting the holder of a licence of any offence under this Act or the rules made thereunder may also suspend or revoke a licence:
Provided that if the conviction is set aside on appeal or otherwise, the suspension or revocation shall become void.
(7) An order of suspension or revocation under sub-section (6) may also be made by an appellate court or by the High Court when exercising its powers of revision.
(8) The Central Government may, by order in the Official Gazette, suspend or revoke, or direct any licensing authority to suspend or revoke, all or any licences granted under this .Act throughout India or any part thereof.
(9) On the suspension or revocation of a licence under this section the holder thereof shall without delay surrender the licence to the authority by whom it has been suspended or revoked or to such other authority as may be specified in this behalf in the order of suspension or revocation.]
Download our fully-offline, High speed android app.- Click here
1. Ins. by s. 8, ibid. (w.e.f. 2-3-1983).
- 1 Short titl
- 2 Commencement
- 3 Repealed
- 4 Definitions
- 5 Power to make rules as to licensing of the manufacture, possession, use, sale, transport and importation of explosives
- 5A Persons already in business in respect of certain explosives to carry on such business without licence for a certain period
- 6 Power for Central Government to prohibit the manufacture, possession or importation of specially dangerous explosives
- 6A Prohibition of manufacture, possession, sale or transport of explosives by young persons and certain other person
- 6B Grant of licence
- 6C Refusal of licences
- 6D Licensing authority competent to impose conditions in addition to prescribed condition
- 6E Variation, suspension and revocation of licences
- 6F Appeal
- 7 Power to make rules conferring powers of inspection, search, seizure, detention and removal
- 8 Notice of accidents
- 9 Inquiry into accidents
- 9A Inquiry into more serious accident
- 9B Punishment for certain offence
- 9C Offences by companies
- 10 Forfeiture of explosives
- 11 Distress of aircraft or vesse
- 12 Abetment and attempts
- 13 Power to arrest without warrant persons committing dangerous offences
- 14 Saving and power to exempt
- 15 Saving of Arms Act, 1959
- 16 Saving as to liability under other law
- 17 Extension of definition of “explosive” to other explosive substances
- 17A Power to delegat
- 18 Procedure for making, publication and confirmation of rules