69. (1) Save as otherwise provided in this Part, no employer shall use or allow to use
any place or premises as an industrial premises unless he holds a valid licence issued under
this section and no such premises shall be used except in accordance with the terms and
conditions of such licence.
(2) Any person who intends to use or allows to use any place or premises specified in
sub-section (1), shall make an application in writing to the competent authority, appointed
by the State Government, in such form on payment of such fees as may be prescribed by the
State Government, for a licence to use, or allow to use, such premises as an industrial
premises.
(3) The application shall specify the maximum number of employees proposed to be
employed at any time of the day in the place or premises and shall be accompanied by a plan
of the place or premises prepared in such manner as may be prescribed by the State
Government.
(4) The competent authority shall, in deciding whether to grant or refuse a licence,
have regard to the following matters, namely:—
(a) the suitability of the place or premises which is proposed to be used for the
manufacture of beedi or cigar or both;
(b) previous experience of the applicant or he has employed experienced person
or has entered into agreement with the experienced person for employment for the
period of licence;
(c) the financial resources of the applicant including his financial capacity to
meet the demands arising out of the provisions of the laws for the time being in force
relating to welfare of labour;
(d) whether the application is made bona fide on behalf of the applicant himself
or in benami of any other person; and
(e) welfare of the labour in the locality, the interest of the public generally and
such other matters as may be prescribed by the State Government.
Employment
of persons
below
eighteen
years of age.
52 of 1961.
Decision of
question
whether a
mine is
covered
under this
Code.
Licence to
industrial
premises and
person.
5
10
15
20
25
30
35
40
45
43
(5)  A licence granted under this section shall be valid for three years and may be
renewed thereafter.
(6) An application for the renewal of a licence granted under this section shall be made
at least thirty days before the expiry of the period thereof, on payment of such fees as may
be prescribed by the State Government, and where such an application has been made, the
licence shall be deemed to continue, notwithstanding the expiry of the period thereof, until
the renewal of the licence, or, as the case may be, the rejection of the application for the
renewal thereof:
Provided that the competent authority shall not grant or renew a licence unless it is
satisfied that the provisions of this Code and the rules made thereunder have been complied
with:
Provided further that the competent authority shall, in deciding whether to renew a
licence or to refuse a renewal thereof, have regard to the matters specified in sub-section (3).
(7) The competent authority may, after giving the holder of a licence an opportunity of
being heard, cancel or suspend any licence granted or renewed under this section, if it
appears to it that such licence has been obtained by misrepresentation or fraud or that the
licencee has contravened or failed to comply with any of the provisions of this Code or the
rules made thereunder or any of the terms or conditions of the licence.
(8) The State Government may issue in writing to a competent authority such directions
of a general character as that Government may consider necessary in respect of any matter
relating to the grant or renewal of licences under this section.
(9) Subject to the foregoing provisions of this section, the competent authority may
grant or renew licences under this Part on such terms and conditions as it may determine and
where the competent authority refuses to grant or renew any licence, it shall do so by an
order communicated to the applicant, giving the reasons in writing for such refusal.