Cap. 334 Art. 19Revocation for non-compliance.

(1) Where a licensed company fails to comply or cause compliance with any of the conditions attached to the grant of an exemption or other benefit under this Act or engages in activities inconsistent with the objectives of a Freeport, the Authority may either revoke the grant of the exemption or other benefit or by notice in writing require such company within thirty days of such notice -

(a) to comply or cause compliance with such conditions or to terminate any activity inconsistent with a Freeport; or

(b) to establish to the satisfaction of the Authority that failure to comply or cause compliance with such conditions, was due to some cause beyond its control and that there are actual prospects of complying or causing compliance with such conditions, within such time as the Authority may consider reasonable.

(2) Where a company establishes to the satisfaction of the Authority that failure to comply or cause compliance with any conditions attached to the grant of any incentive or benefit under this Act was due to some cause beyond its control, and that there are actual prospects of complying or causing compliance with such conditions within a reasonable time, the Authority may authorise such reasonable postponement for the purpose of compliance with such conditions, as it thinks fit.

(3) Where a licensed company -

(a) having been required so to do by notice under subarticle (1), fails to establish to the satisfaction of the Authority that its failure to comply or cause compliance with any conditions attached to the grant of any exemption or other benefit was due to some cause beyond its control and that there are actual prospects of complying or causing compliance with such conditions within a reasonable time; or

(b) having been allowed a postponement under subarticle

(2) of this article, fails within the period of such postponement to comply or cause compliance with such conditions, the Authority may revoke any exemption or other benefit granted to the company under this Act, and such revocation shall be operative from such date as may be determined by the Authority.

(4) Where the grant of any exemption or other benefit to a licensed company under this Act is revoked in accordance with the provisions of this article, such company shall pay to the Government or to the Authority, as the case may be, any sums which it would have paid to the Government or the Authority but

(b) revoke any grant or exemption or other benefit under this Act, unless the company in question has -

(a) been notified in writing of the action the Authority proposes to take; and

(b) has had an opportunity for a hearing before the Authority.

(2) Any person may lodge an appeal from a decision of the Authority to the Administrative Review Tribunal in terms of article 21(1) within twenty days from the date of notification of such decision.

(3) Except for the purpose or in execution of a judgment given in pursuance of any action mentioned in subarticle (5), no property of any kind belonging to a licensed company shall be subject to any precautionary or executive act or warrant as is mentioned in the Code of Organization and Civil Procedure.

(4) No director or other officer of any licensed company, and no person being a member of or having an interest in any such company, shall be subject to any precautionary or executive act or warrant as aforesaid in respect of any obligation or other liability of the company.

(5) An action referred to in subarticle (3) is either-

(a) an action for the enforcement of an obligation or other liability of the company; or

(b) an action for the recovery of any property acquired or held by the company, or otherwise in its possession or control, and originating from any transaction, operation or activity referred to in article 11(2).

(6) Notwithstanding the foregoing provisions of this article, no warrant or other act shall be issued by the court unless the applicant first satisfies the court that the warrant or other act may be issued under this article.