Rule 75. Renewal of licence

(1) A licence shall be renewed by the Chief Inspector-cum-Facilitator or the Joint Chief Inspector-cum-Facilitator. Every application for the renewal of licence shall be in the prescribed Form-XXVIII and shall be submitted to the Chief Inspector-cum-Facilitator or the Joint Chief Inspector-cum-Facilitator either manually or by registered post, electronically, or through the portal, as may be notified by the State Government before the date on which the licence expires and if the application is so made the premises shall be held to be duly licenced until such date as the Chief Inspector-cum-Facilitator or the Joint Chief Inspector-cum-Facilitator under sub-rule (i) renews the licence or till the Chief Inspector-cum-Facilitator or the Joint Chief Inspector-cum-Facilitator intimates the applicant in writing his refusal to renew the licence as the case may be.

(2) Renewal of Licence can also be obtained through Auto renewal process in the electronically or through the portal as may be notified by the State Government by submitting self-certification as follows. Namely,-

(a) I understand that as per provisions of the Code and rule, if the applicant obtained licence by fraud or misrepresentation competent authorities can refuse and reject the application and legal action will be initiated against me.

(b) I have verified all the data shown to me in Form-XXVIII and undertake that they are all correct and no deviations from the same and also from the details mentioned in the latest permit issued to me is existing in my Factory at the time of submission of this application.

(c) I undertake that any modifications, additions, extensions to the factory premises, building or machinery or on any data related to the factory, from the date of submission of this application shall be immediately brought to the notice of the concerned Inspector through proper means as per Rules and Regulations.

(d) I undertake that no statutory proceedings initiated by the Department of Factories and Boilers are pending against me (except for those under the purview of the Hon’ble Courts) on the date of submission of this application.

(e) I undertake that my Factory complies with all applicable provisions under Code and rules.

(f) I undertake that my Factory possesses all statutory clearances and legal documents as required for renewal of licence and they are valid at the time of submission of this application and for such extended renewal period as required.

(g) I understand that the Department of Factories and Boilers reserves its right to cancel my auto renewed licence at any time within its validity period, if any data submitted by me is found to be falsified or if any data is suppressed from the Department at the time of submission of this application in accordance with the relevant provisions of the Code and Rules.

(3) The fee for the renewal or auto renewal of a licence shall be the same as that for the grant of licence, in case an application for renewal has been made for renewal for a maximum period of 5 years. The renewal fee shall be the number of years multiplied by the fees payable for renewal of licence for one year as specified in Appendix-B:

Provided that if the application for renewal is not received within the time specified, the licence shall be renewed only on payment of an additional fee of fifty percent of the fee ordinarily payable if the application is received after the expiry of the licence; Provided further that the State Government or subject to the Control of the State Government, the Chief Inspector-cum-Facilitator may waive the payment of additional fee by a written order for valid reasons. An application for renewal of licence may be refused by the Chief Inspector-cum-Facilitator or Joint Chief Inspector-cum-Facilitator:

a) On any of the reasons stated in sub-rule (1) of rule 73;

b) If the applicant is guilty of repeated contravention of the provisions of this Code or Rules;

c) If the applicant has obtained the licence by fraud or by misrepresentation;

d) If the licencee has violated the conditions of the licence:

Provided that, in any case falling under clauses (a), (b) or (c) before refusing the renewal of any licence, the applicant shall be given an opportunity to show cause as to why the renewal of licence shall not be refused.

e) If any violation is detected at any time during subsequent inspection or verification of documents of the factory, or comes to the notice of Inspector-cum-Facilitator that auto renewed licence (licence renewed through online mode based on the self-certification made by the occupier of the registered factory) has been obtained through misrepresentation or suppression of facts or through fraudulent means, such licence shall be cancelled by the issuing authority.

(4) Every licence renewed under this Rule shall remain in force up to a maximum period of 5 years from the due date of renewal.