(1) Every application under sub-section (1) of section 4 for a license to use or allow to be used any place or premises as an industrial premises shall be made in duplicate in form No. 1.
(2) The application shall be accompanied by the following documents, namely:-
(a) Plans in triplicate showing,-
(1) the site of such place or premises, the areas therein to be used for manufacturing processes and the immediate surroundings of such place or premises, including adjacent buildings, structures, roads, drains and the like; and
(2) the plan, elevation and necessary cross-sections of the details relating to natural lighting, ventilation, means of escape in case of fire, position of the plant and machinery, if any, used, aisles and passage-ways in or in relation to, the various buildings which are intended to be used for manufacturing processed; and
(b) The treasury receipt shoeing that the appropriate fee for the license as specified in rule 8 has been paid.
(3) the application in duplicate together with the documents specified in subrule(2) shall be sent by registered post or delivered by hand under acknowledgement to the competent authority.
(4) Before granting a license, the competent authority shall also take into consideration whether the site of any industrial premises is proposed to be altered or whether any industrial premises has been preceding the date of the application with a view to causing prejudice closed, by the applicant during the period of twelve months immediately to the interests of the labour.
4. Renewal of license- (1) Every application for the renewal of licence shall be in form No. 1 and shall be sent to the competent authority in duplicate not less than one month before the date of expiry of the licence together with a treasury receipt for the fees for the renewal of the licence and the original licence. On receipt of such application together with such fee, the licensing authority may renew the license.
(2) If the application for renewal is not sent within the time specified in sub-rule(1) but is sent after the expiry of such period the license may be renewed only on payment of the additional fee specified below in addition to the fee payable under sub rule(1) of rule 8 for the renewal of the licence.
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(3) The application together with the documents specified in sub-rule (1) shall be sent by registered post or delivered by hand under acknowledgement to the competent authority.
(4) The provisions of sub-rule (4) of rule 3 shall, so far as may be, apply to an application made under this rule.
5. Form and terms and conditions of license –(1) A license granted under the Act shall be in Form No.II
(2) The terms and conditions subject to which such licence may be granted or renewed shall be the following namely:- (I) The manufacturing process shall be carried on only in that part of the premises specified in the license.
(II) The total number of employees employed in the premises shall not on any day, during the period of the license, exceed that specified in the licence.
(III) No machinery or power which has not been specified in the licence shall be used in the manufacturing process in the premises.
(IV) No industrial premises reconstructed or extended subsequent to the grant or renewal of the licence shall be used as industrial premises except with the written permission of the competent authority.
(V) The licence shall not be transferable from one employer to another except in the cases and in accordance with the procedure specified in rule 11.
(VI) The fees paid shall not be refunded except in the cases specified in rule 9.
(VII) The competent authority shall, before granting the licence, satisfy himself that new branches were opened by management by way only to expand business, and shall take into account the history of such management closing and opening business in that area.
(VIII) The competent authority may, in addition to the foregoing terms and conditions, determine and specify in the licence such other terms and conditions, in individual cases as it may deem necessary.
1Subs. by G.O. Ms. No. 1097, Labour and Employment,dated the 4th July,1979.
(a) If the application for renewal is sent within a period of one month from the date of expiry of the license.
Twenty-five percent. of the fee payable under sub rule(1) of rule 8.
(b) If the application for renewal is sent after the expiry of one month but within two months from the date of expiry of the license.
Fifty per cent. of the fee payable under sub-rule(1) of rule 8.
(c) If the application for renewal is sent after the expiry of two months but before the expiry of three months from the date of expiry of the licence.
Hundred per cent. of the fee payable under sub-rule(1) of rule 8.
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6. Issue of duplicate licenses-(1) If a licence issued under section 4 is lost, stolen or destroyed, the licence shall forthwith report the matter to the competent authority by whom the license was issued or, as the case may be, last renewed and may make an application to that authority for the issue of a duplicate licence.
(2) The application shall be accompanied by a treasury receipt showing that the fee for the issue of a duplicate license as specified in rule 8 has been paid.
(3) On receipt of the application, the competent authority shall grant to the applicant a duplicate copy the license duly stamped “duplicate” in red ink.