Cap. 325 Art. 27Revocation of incentives or benefits.

(1) Where a qualifying company or other beneficiary fails to comply or cause compliance with any of the conditions attached to the grant of any incentive or benefit by the Corporation under this Act, the Corporation may either revoke the incentive or benefit or by notice in writing require such company or other beneficiary within thirty days of the receipt of such notice -

(a) to comply or cause compliance with such conditions; or

(b) to establish to the satisfaction of the Corporation 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 condition within such time as the Corporation may consider reasonable.

(2) Where a qualifying company or other beneficiary establishes to the satisfaction of the Corporation 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 Corporation may authorise reasonable postponement for the purpose of compliance with such conditions, as it thinks fit.

(3) Where a qualifying company or other beneficiary:

(a) having been required so to do by notice under subarticle (1), fails to establish to the satisfaction of the Corporation that its failure to comply or cause compliance with any conditions attached to the grant of any incentive or 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), fails within the period of such postponement to comply or cause compliance with such conditions, the Corporation may revoke any incentive or benefit granted to the company or other beneficiary under this Act, and that revocation shall be operative from such date as may be determined by the Corporation.

(4) Where the grant of any incentive or benefit under this Act is revoked in accordance with the provisions of this article, the relative company or other beneficiary shall pay or repay to the Government or to the Corporation, as the case may be, any sums which it would have paid to the Government or the Corporation but for the provisions of this Act or which it had received thereunder, and any sums which the company or other beneficiary is so liable to pay or repay may be set off against any sums which may be due from the Government or the Corporation to the company or other beneficiary for any reason whatsoever, without prejudice to any right of the Government or the Corporation for the recovery of any balance remaining due.

(5) The provisions of this article shall only apply where the grant of an incentive or benefit under this Act depends on the use of discretion vested in the Corporation.

(6) In all cases of revocation under the provisions of this article, an appeal shall lie by the aggrieved party to the Administrative Review Tribunal.