Section 41
Where an application for a licence has been refused by the
Director or his authorized officer, an appeal may be made to―
(a)
the Minister, in the case of a decision by the Director;
or
(b)
the Director, in the case of a decision by the authorized officer, and whose decision shall be further appealable to the
Minister:
Provided that the decision of the Minister shall be final and conclusive.
Cancellation or suspension of licence 42.―(1) The Minister may, subject to subsection (2), by notice in writing to the holder of the licence, cancel or suspend for such period as he deems fit, a licence issued under this Ordinance, where he is satisfied that any of the following grounds exists:
(a)
the holder of the licence has failed to pay royalties, premia, fees or cess as stipulated in the licence;
(b)
the holder of the licence has contravened the provisions of this Ordinance relating to licences;
(c)
the holder of the licence has failed to comply with any conditions specified in the licence;
(d)
the holder of the licence has failed to comply with the written direction given by the Director;
(e)
the holder of the licence has done any act specified in section 2(2) (a), (b), (c) or (d) without the authorization of the
Minister;
(f)
the holder of the licence has ceased to operate in the area in respect of which the licence was issued;
(g)
it is advisable in the public interest to do so;
(h)
the holder of the licence has contravened the provisions of section 50 relating to compulsory insurance; or
(i)
the holder of the licence has been convicted of an offence under this Ordinance.
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(2)
The Minister shall, before cancelling or suspending any licence under subsection (1), give the holder of the licence notice in writing of his intention to do so and calling upon him to show cause why such licence should not be cancelled or suspended, as the case may be.
(3)
Any person aggrieved by the decision of the Minister made under subsection (1) may, within thirty days after being notified of such decision, give notice of appeal in writing to the Majlis Mesyuarat
Kerajaan Negeri, whose decision shall be final and conclusive, and shall not be challenged, appealed against, reviewed, quashed or called into question in any court or before any other authority, judicial or otherwise whatsoever.
(4)
Section 29 of the Government Proceedings Act 1956 [Act 359] shall apply to any legal proceedings instituted by the aggrieved party against the Government, the Minister and the Director in consequence of the cancellation or suspension of the licence under subsection (1).
(5)
A person whose licence has been cancelled or suspended under this section shall, within thirty days of being informed of the cancellation or suspension, surrender his licence to the Director, failing which he shall be guilty of an offence and shall, upon conviction, be punished with a fine of not less than ten thousand ringgit and not exceeding fifty thousand ringgit.
(6)
The holder of a licence shall not have any claim whatsoever or be entitled to compensation for any loss caused to him by the cancellation or suspension of his licence.
(7)
Subject to subsection (8), the holder of the licence shall, on the date of cancellation of his licence, cease to have any claim to, or ownership of, all properties (movable or immovable) and all forest produce cut or collected or existing under such licence and remaining within the area covered by the licence.
(8)
The holder of the licence shall, within three months of the cancellation of his licence or such other period as the Director may allow, remove all his movable properties and all timber felled, hammer-marked and remaining in the area covered by the licence.
(9)
In the event of the failure of the holder of the licence to remove any property or forest produce as aforesaid, all such property or forest produce remaining in the area covered by the licence shall be the property of the Government and free from all encumbrances, and shall not be removed from such area unless the Director otherwise directs.
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(10)
On the cancellation of the licence―
(a)
the licence shall, as from the date thereof, be deemed to be null and void and of no effect so far as it relates to the holder of the licence and the area covered by the licence; and
(b)
the Director may, with the written approval of the
Minister, issue a licence to another person in respect of the said area.
Return of licence upon expiry