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Rule 9 - Suspension of a licence, certificate, scrip or any instrument bestowing financial or fiscal benefits. - Foreign Trade (Regulation) Rules 1993Extract 9. Suspension of a 1 [licence, certificate, scrip or any instrument bestowing financial or fiscal benefits]. - (1) The Director General or the licensing authority may, by order in writing, suspend the operation of a 1 [licence, certificate, scrip or any instrument bestowing financial or fiscal benefits] granted to - 2 [(a) any person, if an order of detention or conviction has been made against such person under the provisions of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (52 of 1974) or the Prevention of Money Laundering Act, 2002 (15 of 2003) or Foreign Exchange Management Act, 1999 (42 of 1999)]; or 3 [(b) a partnership firm (including a limited liability partnership) or a company or a firm or any other entity, if the person referred to in clause (a) is a partner or a whole time director or managing director or a proprietor, as the case may be, of such firm or company:] Provided that the order of suspension shall cease to have effect in respect of the aforesaid person or, as the case may be, 4 [a partnership firm (including a limited liability partnership) or company or a firm or any other entity], when the order of detention made against such person, - (i) being an order of detention to which the provisions of section 9 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (52 of1974) do not apply, has been revoked on the report of Advisory Board under section 8 of that Act or before receipt of the report of the Advisory Board or before making a reference to the Advisory Board; or (ii) being an order of detention to which the provisions of section 9 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (52 of 1974) apply, has been revoked on the report of the Advisory Board under section 8 read with sub-section (2) of section 9 of the Act or before receipt of such report; (iii) has been set aside by a court of competent jurisdiction. (2) The Director General or the licensing authority may by an order in writing suspend the operation of any 1 [licence, certificate, scrip or any instrument bestowing financial or fiscal benefits] granted under these rules, where proceedings for cancellation of such 1 [licence, certificate, scrip or any instrument bestowing financial or fiscal benefits] has been initiated under Rule 10. ******************** Notes :- 1. Substituted vide Notification No. G.S.R 300(E), Dated 17-04-2015, in the heading and sub-rule (1) and (2) for the word licence 2. Substituted vide Notification No. G.S.R 300(E), Dated 17-04-2015, in the clause (a) of sub-rule (1) before it was read as :- (a) any person, if an order of detention has been made against such person under the provisions of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (52 or 1974); or 3. Substituted vide Notification No. G.S.R 300(E), Dated 17-04-2015, in the clause (b) of the sub-rule (1) before it was read as :- (b) a partnership firm or a private limited company, if the preson referred to in clause (a) is a partner or a whole time director or managing director, as the case may be, of such firm or company; 4. Substituted vide Notification No. G.S.R 300(E), Dated 17-04-2015, before it was read as :- the partnership firm or company
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