|
|
Alteration or cancellation of registration.
|
52.—(1) The Minister may, at any time, alter or cancel the registration of any person in any register upon the application of such person, or, in the case of an individual, his personal representative or, in the case of a body corporate, the liquidator.
|
|
| |
(2) The Minister may, at any time, without such application as aforesaid alter any registration in any register in any respect in which such registration appears to him to be erroneous or misleading.
|
|
| |
(3) The Minister may, at any time, without any such application as aforesaid cancel any registration in any register if—
|
|
| |
(a) he is satisfied that the registration was procured through fraud or by misrepresentation; or
|
|
| |
(b) the person registered in such register has ceased to carry on the business in respect of which he was so registered; or
|
|
| |
(c) the person registered in such register, if an individual has died, or, if a body corporate, has been dissolved and no other person has within three months after such death or dissolution, been registered in the place of the registered person so dead or dissolved; or
|
|
| |
(d) the person registered in such register has been adjudicated a bankrupt; or
|
|
| |
(e) he is of opinion that there has been any contravention (whether by way of commission or omission) of this Act or any regulations made thereunder by the person registered in such register.
|
|
| |
(4) Before altering or cancelling (otherwise than in accordance with an application in that behalf made under this section) the registration of any person, the Minister shall give at least one month's notice in writing to such person or his personal representative (if any) or its liquidator (as the case may be) stating his intention so to alter or cancel such registration and the reasons therefor, and whenever any such notice is so given the following provisions shall have effect, that is to say:—
|
|
| |
(a) the Minister shall not alter or cancel such registration until the expiration of such notice; and
|
|
| |
(b) where any representations are made within seven days after the service of such notice by the person to whom such notice is given, the following provisions shall have effect, that is to say:—
|
|
| |
(i) the Minister shall consider such representations and,
|
|
| |
(ii) unless as a result of such consideration the decides not to alter or cancel such registration, the Minister, in case such person within seven days after the service of such notice, requests that an inquiry be held in relation to the matter, shall or, in any other case if he thinks fit so to do, may cause such inquiry to be held, and
|
|
| |
(iii) where the Minister causes any such inquiry to be held, he shall not alter or cancel such registration until such inquiry has concluded; and
|
|
| |
(c) the following provisions shall have effect in relation to every inquiry held under this sub-section, that is to say:—
|
|
| |
(i) the Minister shall appoint a fit and proper person to hold such inquiry, and the person so appointed shall have power to take evidence on oath which he is hereby authorised to administer;
|
|
| |
(ii) the Minister shall give to the person in relation to whom such inquiry is to be held notice of the time and place of the holding of such inquiry, and such person shall be entitled to appear at such inquiry by counsel or solicitor and to adduce evidence.
|
|
| |
(5) A notice of the Minister's intention to cancel or alter a registration may be served by delivering it to the person to whom it is addressed or by sending it by post to the person to whom it is addressed at his last known place of abode.
|
