Foreign Trade (Development and Regulation) Act,1992
7. Refusal of license. —
(1) The Director General or the licensing authority may for
reasons to be recorded in writing, refuse to grant or renew a license if—
(a) The applicant has contravened any law
relating to customs or foreign exchange;
(b) The application for the license does not
substantially conform to any provision of these rules;
(c) The application or any document used in
support thereof contains any false or fraudulent or misleading statement;
(d) It has been decided by the Central
government to canalize the export or import of goods and distribution thereof,
as the case may be, through special or specialized agencies;
(e) Any action against the applicant is for
the time being pending under the Act or rules any Orders made thereunder;
(f) The applicant is or was a managing partner
in a partnership firm, or is or was a Director of a private limited company,
having controlling interest, against which any action is for the time being
pending under the Act or rules and Orders made thereunder;
(g) The applicant fails to pay any penalty
imposed on him under the Act;
(h) The applicant has tampered with a license.
(i) The applicant or any agent or employee of
the applicant with his consent has been a party to any corrupt or fraudulent
practice for the purposes of obtaining any other license;
(j) The applicant is not eligible for a
license in accordance with any provision of the policy;
(k) The applicant fails to produce any
documents called for by the Director General or the licensing authority;
(l) In the case of a license for import, no
foreign exchange is available for the purpose;
(m) The application has been signed by a
person other than a person duly authorized by the applicant under the
provisions of the Policy;
(n) The applicant has attempted to obtain or
has obtained cash compensatory support, duty drawback, cash assistance benefits
allowed to Registered exporters or any other similar benefits from the Central
Government or any agency authorized by the Central Government in relation to
exports made by him on the basis of any false , fraudulent or misleading
statement or any document which is false or fabricated or tampered with.
(2) The refusal of a license under sub rule (1) shall be without
prejudice to any other action that may be taken against an applicant by the
licensing authority under the Act.