Director's discretion to issue, cancel, Tevoke or suspend licences
4
(ii) any person acting as agent for the owner in con- nexion with the handling of cargo carried in or on the vessel, aircraft or vehicle;
(iii) any person to whom the vessel, aircraft or vehicle has been chartered or hired; and
(iv) any person having for the time being the control or management of the vessel, aircraft or vehicle;
"prohibited article" means any article-
(a) the import or export of which is prohibited under the
provisions of this Ordinance;
(5) the import or export of which is permitted subject to the
terms and conditions of a licence: or
(c) the import or export of which is prohibited or controlled
under any other law;
"smuggling" means importing, exporting, unshipping, shipping. landing, loading, conveying or otherwise dealing with any article contrary to the provisions of this Ordinance or any other law controlling the import or export of any article; "unmanjfested cargo" means any cargo which is not recorded in
a manifest;
"vehicle" means every means of conveyance or of transit or other mobile apparatus used or capable of being used on land, whether on roads or rails and, in any way whatever, drawn or propelled or carried;
"vessel" includes every description of vessel used in navigation for the carriage of persons or articles, whether or not the vessel is mechanically propelled and whether or not the vessel is towed or pushed by another vesse).
PART II.
ADMINISTRATive Decisions AND APPEALS.
3. (1) The Director may issue any licence required under this Ordinance and may attach thereto such conditions as he may see fit to impose.
(2) Subject to subsection (3) the Director may cancel, revoke or suspend any licence issued by him under this Ordinance.
(3) The Director shall not cancel, revoke or suspend any such licence where he is satisfied that the bolder thereof has entered into an irrevocable commitment pursuant to the issue to him of such licence, unless the article in respect of which the licence was issued is a strategic commodity specified in regula-
tions made under this Ordinance and it is, in the opinion of the Director, necessary for him to cancel, revoke or suspend the licence in the public interest,
(4) Notwithstanding subsection (3), if the Director is satisfied that any licence was issued by him as the result of fraudulent misrepresentation of any fact or any other unlawful act by the applicant therefor he may, at any time, cancel, revoke or suspend the licence.
(5) Every licence cancelled, revoked or suspended by the Director and all copies thereof in the possession of the licensed or any other person shall be surrendered immediately to the Director by the licenses.
(6) Any person who contravenes subsection (5) shall be guilty of an offence and shall be liable on conviction to a fine of five thousand dollars and to imprisonment for three months.
(7) The Director may serve notice of the cancellation, revoca- tion or suspension of any licence on the bolder thereof and such person shall be deemed to be served with the notice if it
(0) is delivered to the holder or applicant personally: oI (b) is addressed to him and left at or forwarded by registered mail to him at his usual or last known place of abode or business.
(8) Except where the form of a licence is, under the pro- visions of this Ordinance, required to be prescribed, the Director may determine the form of any licence and of any application therefor.
(9) The Director may delegate any of the powers and duties conferred or imposed on him by this section to any authorized officer.
4. The Director may authorize in writing any public officer and any police officer of the rank of Inspector or above to exercise any of the powers and perform any of the duties conferred or imposed on an authorized officer by this Ordinance.
5. (1) The Governor may give such directions as he thinks fit, either generally or in any particular case, with respect to the excrcise or performance by the Director or any other public officer, other than a judge, a District Judge or a magistrate, of any powers, functions or duties under this Ordinance.
(2) The Director and every public officer shall. in the exercise or performance of any powers, functions or duties under this Ordinance, comply with any directions given by the Governor under subsection (1).
Power of Director to appoint authorized officers.
Director and other public officers to be subject to the Governor's directions.