Rule 118. Amendment of License under clause (c) of sub-section (1) of section 79

(1) If at any time during the term of license, the occupier finds it necessary to extend the limits of the power installed on any day or maximum number of workers to be employed on any day or effects any changes in the name of the factory or change in the occupier or such particular is referred in license application form, he shall make an application with documents required for amendment of a licence to the Chief Inspector-cum-Facilitator at least fifteen days before such change and the Chief Inspector-cum-Facilitator may amend the licence accordingly.

(2) An application for amendment shall be made on-line in Form–45 along with the proof of payment of fees for amendment of a license which shall be rupees one hundred, in addition to the amount of fees payable under rule on the basis of the total maximum power installed on any one day as intended to increase or the maximum number of workers intended to be employed on any day during the calendar year, or both, as the case may be, less the amount already remitted in the original licence:

Provided that amendment fee of rupees one hundred shall not be payable when the amendments are proposed simultaneously with the application for the renewal of the license.

(3) The application for the amendment of Plan, as per rule 122, shall be submitted online at least 15 days before such amendment:

Provided that any such factory shall not be deemed to be extended within the meaning of this rule by reason only of the replacement of any plant or machinery or within such limits as may be, of the addition of any plant or machinery if such replacement or the addition does not reduce the minimum clear space required for safe working around the machinery or plant:

Provided further that if any amendment adversely affects the environmental conditions from the evolution or emission of steam, heat, dust or fumes which are injurious to health, such amendment shall require prior approval as per the rule.

(4) On receipt of an application under sub-rule (1), Licencing Authority shall, if he is satisfied that there is no objection in amending the licence, amend the same in Form–46 within such period as notified in Uttar Pradesh Janhit Guarantee Adhiniyam, 2011 (U.P. Act no. 3 of 2011) failing which such licence shall be deemed to have been amended and the amended certificate shall be auto generated by the portal.

(5) If it appear to the Inspector-cum-Facilitator that any building or part of the building in a factory is in such condition that it is dangerous to the human life and safety, he may serve notice to the occupier of the factory in writing to conduct the building and structure life test to be carried out within the specified time period and the certificate of such examination and tests signed by competent person have to sent to the Inspector -cum-Facilitator .