Thursday, 24 May 2012

WHEN CAN THE COMMISSIONER REVOKE A LICENCE?


Circumsatances under which the commissioner may revoke a licence
93. (1) The Commissioner may revoke, suspend or refuse to renew, a
licence where he is satisfied that-
(a) the licensee has been guilty of an offence under this Act;
(b) the licensee has been convicted of an offence involving
dishonesty or fraud;
(c) the licensee has become a bankrupt or has entered into an
arrangement or composition with or for the benefit of his
creditors;
(d) the factory, or the plant therein, is of such a nature or so
maintained that the excisable goods manufactured therein are
likely to be adversely affected;
(e) the factory is so designed, equipped or sited as to render difficult
the supervision thereof for excise purposes;
(f) the licensee has failed to comply with the provisions of section
95.
(2) Where the Commissioner revokes, suspends or refuses to renew a
licence under this section, then he shall forthwith give notice of that
fact to the licensee.
Effect of revocation of licence.
94. (1) Where a licence has been revoked or suspended or has expired, then
the licensee shall-
(a) forthwith cease to manufacture the excisable goods referred to in
the licence:
(b) forthwith pay duty on the excisable goods manufactured under
the licence;
(c) not dispose of materials in the factory to which the licence
relates except in accordance with such conditions as the
Commissioner may impose.
(2) A person who contravenes this section or any of the conditions
imposed by the Commissioner under this section shall be guilty of an
offence and liable to imprisonment for a term not exceeding three years
or to a fine not exceeding five hundred thousand shillings; or to both;
and any plant or excisable goods, or any materials, in respect of which
the offence has been committed shall be liable to forfeiture.
Provision of facilities for excise control
95. (1) The Commissioner may, for the purpose of ensuring proper excise
control, require a licensee to provide and maintain, to the satisfaction of
the Commissioner and at a rental to be approved by him, suitable
housing accommodation for the officer assigned to the du

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