(Department of Industrial Policy and Promotion)

1 · Short Title: These rules may be called the Registration and Licensing of Industrial Undertakings Rules, 1952.

2 · Definitions: In these rules, unless there is anything repugnant in the subject 0r context:- ~the Act" means the Industries (Development and Regulation) Act 1951 (LXV of 1951), (ii) "effective steps" shall mean one or more of the following:

3 · Application for Registration: 3*[**(1) An application for the registration of an existing industrial undertaking shall be made to the Ministry of Industry (Department of Industrial Development), Government of India, New Delhi; at least three months before the expiry of the period fixed under sub-section (1) of section 10 of the Act in relation to that undertaking in such form and with such number of copies thereof as may be specified by the said Ministry:

1 · Published in the Gazette of India, Extraordinary, 1952, Part II, Section 3 , page 617. 2. Substituted by G.S.R: 1856, dated 1.10.1953. 3. Substituted by G.S.R_ No. 9(E), dated 26.9.1981

4 · Acknowledgement of Application: On receipt of application, the receiving officer shall note thereon the date of its receipts, and shall send to the applicant an acknowledgement stating the date of receipt:

5 · Power of Central Government to ask for Additional Information: The 3*[Ministry of Industrial Development] 0 the authority appointed by it 4*[in this behalf] may require the applicant to furnish within period to be specified by it, such additional information as it may consider necessary for the purpose of registration.

6 · Grant of Registration Certificate: If an application made under sub-rule (1) of rule 3 falls within the scope of that rule, the 3*[Ministry of Industrial Development], shall after such investigation as it may consider necessary, grant to the applicant, before the [expiry of the period fixed under section 10 of the Act], a certificate of registration in Form C appended to these rules_ If an application made under sub-rule (1) of rule 3 does not fall within the scope of that rule, the 4*[Ministry of Industrial Development] 5***shall inform the applicant accordingly.

7 · Application for Licence:-(1) An application for license or permission for the establishment of new industrial undertaking Or any substantial expansion of [or the production or manufacture of any new article in] an industrial undertaking shall be made before taking any of the following steps:

1 · Sub rule (IB) omitted by G.SR.O. 719(E), dated 26.9.1981 2. Substituted by G.S.R: 1OO(E), dated 18.2.1987 3. Substituted by G.S.R. 270(E), dated 14.6.1974 4. Substituted by S.R.O. 1856, dated 1.10.1953 5 . Inserted by G.S.R. 1781, dated 11.12.1964 6. Certain words omitted by S.R.O. 1856, dated 1.10.1953

5 · *

8 · Acknowledgement of Application: On receipt of the application, the receiving officer shall note thereon the date of its receipt, and shall send to the applicant an acknowledgement stating the date of receipt:

9 · Power to call for Additional Information: The 6[Ministry of (Industrial Development)] or the authority appointed by it [in this behalf] may require the applicant to furnish, within period to be specified by it, such additional information as it may consider necessary.

1 · 2. 3_ 4, 5. 6.

11 · Submission of Report by the Committee: After such investigation as may be necessary, the Committee to which an application has been referred under rule 10 shall submit a report to the Ministry of Industrial Development:]

12 · Contents of the Report: In making the report under Rule 11, [the Committee] shall have regard to the approved plans, if any, of the Central Government for thedevelopment of the scheduled industry concerned and, where no such plans exist; to the existing capacity of the scheduled industry, the demand and supply position, availability of raw materials and plant and machinery. The report should, among other matters, contain recommendations regarding capital and its structure, suitability of the location proposed from the point of view of the approved plans for the industry, capacity of the plant to be installed, availability of rail - transport capacity, availability of technical and other skilled personnel required, and collaboration, if any, with foreign manufacturers_

13 · Recommendation regarding Public Enquiry: If [the Committee referred to in rule 11] is of the opinion that a public enquiry is necessary in respect of any application it may recommend such a step to the [Ministry of (Industrial Development)].

14 · Invitation of Applications: (1) The [Ministry of Industrial Development] or the authority appointed by it [in this behalf] may where it considers necessary, invite, by means of a notice published in the Gazette of India, applications for the grant of Licences for the establishment of new industrial undertakings in any scheduled industry:

1 · Substituted by Notification No. G.S.R 740(E) dated 4.10.2012. 2. Substituted by G.S.R. 270(E), dated 14.6.1974. 3. Certain words omitted by S.RO. 1856, dated 1.10.1953. 4. Substituted, ibid, dated 1.10.1953.

15 · Grant of License or Permission: (1) The '[Ministry of Industrial Development] shall consider the report submitted to it under rule 11, and where it decides that a license or permission, as the case may be, should be granted it shall inform the applicant accordingly, not later than 3 months from the date of receipt of the application, O the date o which additional information under rule 9 is furnished, whichever is later

16 · Variation or Amendment of Licences: (1) Any owner of an industrial undertaking in respect of which a license has been granted, who desires any variation o amendment in his license shall apply to the [Ministry of Industrial Development] 2* *giving the reasons for the variation or amendment

17 ·

18 · Review of Licences by a Sub-committee: A sub-committee of the Central Advisory Council shall be constituted which will review all licences issued, refused, varied, amended or revoked from time to time, and advise Government on the general principles to be followed in the issue of licences for establishing new undertakings Or substantial expansion of the existing undertakings The results of the review shall be reported to the Central Advisory council

1 · Substituted by G.S.R. 270(E), dated 14.6.1974. 2. Certain words omitted by S.R.O. 1856, dated 1.10.1953

19 · Submission of Returns: [(1)] Every owner of an industrial undertaking in respect of which a license O permission has been granted ?[under the Act] shall send every half year ending 30th June and 31S December; commencing from the date of grant of the license or permission, as the case may be, till such time as the industrial undertaking commences production a return (with five spare copies), in Form G appended to these rules, to the [Ministry of Industrial Development], Government of India, New Delhi, [Or to any authority appointed by it in this behalf] The return relating to every half year shall be sent within one month after the expiry of that half year:

1 · Rule 19 renumbered as sub-rule (1) by S.RO. 1856, dated 1.10.1953. 2. Inserted, ibid, dated 1.10. 1953. 3. Substituted by G.S.R. 270(E), dated 14.6.1974. 4. Certain words omitted by S.R.O. 1856 dated 1.10.1953. 5. Inserted by S.R.O. 691,DATED 1.3.1957.

20 · Penalty for Contravention of Rules: Whosoever contravenes or attempts to contravene or abates the contravention of any of these rules shall be punishable under section 24 of the Act_

21 · Allotment of Controlled Commodities to Licensed Undertakings: The owner of an industrial undertaking in respect of which license or permission has been granted shall be eligible to the allotment of controlled commodities required by him for the construction Or operation O for both construction and operation of his undertakings on such preferential basis as the Central Government may determine from time to time In determining such preference the Central Government shall have due regard to the requirements of existing industrial undertakings.

1 · Substituted by G.S.R. 270(E), dated 14.6.1974. 2. Inserted by S.R.O. 691(E), dated 1/3/1957. 3. Inserted by GIS/R/ 719(E), dated 26.9.1981.

22 · Concession in the Grant of Import Licences to Undertakings: The owner of an industrial undertaking in respect of which a license O permission has been granted shall be eligible for the issue of licences for the import of goods required by him for the construction Or operation Or for both construction and operation of his undertaking on such preferential basis as the Central Government may determine from time to time In determining this preference which may include such concession as the submission of one consolidated application in respect of the requirements from each currency area for all items shown as licensable to actual users_ submission of separate application for highly specialised items even though such items may not be shown as licensable to actual users and priority in the matter of import from different currency areas, the Central Government shall have due regard to the requirements of existing Industrial undertakings