Rule 81. Suspension or cancelation of Factory License

(1) If before the 31* October of' any year, an occupier notifies his intention in writing to the Chief Inspector-cum-Facilitator or the Inspector-cum-Facilitator of Factories that during the year following the premises in respect of which license is issued will not be used for the working of the factory, or it is found that the occupier has carried out business which is prohibited by any other law in force, the Chief Inspector-cum-Facilitator of Factories or the Inspector-cum-Facilitator of Factories within their local limits may suspend or cancel the license granted in respect of such factory.

(2) A license suspended under sub-rule (1) may be revived on receipt of an application for renewal in Form 33 accompanied by the license for the remaining part of the year on payment of the 25% of the relevant fees specified in rule 75 or in case of cancelation of license may be restored on production of sufficient proof of legacy or legal document.

(3) In case of license application rejection, closer of factories, surrender of license as the case may be, fees paid by the applicant shall be forfeited with prior intimation to the applicant with approval by the Chief Inspector-cum-Facilitator of factories.

(4)

(a) The occupier and the Manger shall bc jointly or severally responsjble for sending information in duplicate, to the Inspector-cum-Facilitator of Factories of any intended closure of the factory or any shift, section or department thereof, imnmediatelylafter it is decided to do so, and before the closure takes place stating:

(i) the date of intended closure; (i1) the reasons for closure ;

(iii) the number of workers on the muster-roll of the factory on the day the information is sent;

(iV) the number of workers likely to be affected by the closure; and

(v) the probable period of closure:

Provided that in the case of any factory in respect of which Standing Orders settled or certified under the Code on Industrial Relation, 2020 ,as the case may be, provide for the display on the notice boards of the factory a notice of the proposed closure of the factory or any shift, section, or department thereof such information lo the Inspector-cum-Facilitator of factories shall be given on the date on which such notice is displayed:

Provided further that it shall not be necessary for the occupier or manager to send information of intended closure if the closure is rendered inevitable on account of fire. breakdown of machinery, stoppage of power or water supply orlany other cause beyond his control. The occupier and the manager shall be jointly or severally responsible for sending

(b) information in duplicate to the Inspector-cum-Facilitator as soap as the factory or any shift, section or department thereof, is actually closed with the following details, namely:- Name Name Date of Reasons Name of Number of Number of for closurelclosure of closure* workers on workers factory Industry* he ther, the muster affected by and full entire or roll of the address partial, if factory at closure. partial the the time of shift, section closure of department closed 1 2 3 4 5 6 7 Class of Industry whether (I) Cotton Textile, (2) Silk Textile, (3) Woolen Textile Hosiery, (5) Engineering or (6) Miscellaneous should be stated.

(c) The occupier and the manager shall be jointly or severally responsible for sending information in duplicate to the Inspector-cum-Facilitator of tactories as soon as the fac or any shift, section or department thereof is re-opened with the following details, name Name of Name of Date of Number of Factory or Number of Number 0 factory Industry closure workers any shift, workers on workers and full affected at séction or muster roll re-emplo: address the time department at the time () newly of closure thereof of re-opening employed opened 1 2 3 4 5 6 7 Class of Industry whether (1) Cotton Textile (2) Silk Textile, (3) Woolen Textile, Hosicry, (5) Engineering or (6) Miscellaneous should be stated.

Explanation 1. - For the purpose of this rule, "closure" means the closing of a factory any shif, section or department thereof or the total or partial suspension of work (other than work of a temporary nature) by the occupier or manager of the factory or total or partial refusal by the occupier for manager of the factory to continue lojemploy persons employed by him where such refusal does not amount to the discharge, dismissal or suspension of a worker or workers by way of punishment.

Explanation 2.-This rule shall not apply in the case of alclosure of any section or department of a factory if such closure does not affect the total nuimber of workers employed in the factory.