(Department of Industrial Policy and Promotion)

02766943e23255a715d4dd05847b073b0619fde9 · 1951 · State unknown

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Parent: THE INDUSTRIES (DEVELOPMENT AND REGULATION) ACT, 1951 (f4d1c88d69e97ca55a6068332c1d1d842db2c2fe)

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(Department of Industrial Policy and Promotion) The Registration and Licensing of Industrial Undertakings Rules, 1952 (As amended up to the 4 th October, 2012) *S.R.O. 1141 dated the 9 th July, 1952.In exercise of the powers conferred by section 30 read with sections 10 and 11, sub -section (2) of section 12 and sections 13 and 14 of the Industries (Development and Regulation) Act, 1951 (LXV of 1951), the Central Government hereby makes the following Rules, the same having been previously published as required under sub-section (1) of section 30 of the Act, namely:- Short Title: These rules may be called the Registration and Licensing of Industrial Undertakings Rules, 1952. Definitions: In these rules, unless there is anything repugnant in the subject or context:- (i) "the Act" means the Industries (Development and Regulation) Act 1951 (LXV of 1951), (ii) “effective steps” shall mean one or more of the following:- 2*[(a) that 60 per cent or more of the capital issued for an industrial undertaking which is a public company within the meaning of the Indian Companies Act, 1913 (VII of 1913) has been paid up;] (b) that a substantial part of the factory building has been constructed; (c) that a firm order has been placed for a substantial part of the plant and machinery required for the undertaking. 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: Provided that an applicat

Rule TOC

1 · Sub rule (1B) omitted by G.S.R.O. 719(E), dated 26.9.1981

2 · Substituted by G.S.R. 100(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 · * * * *

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.R.O. 1856, dated 1.10.1953.

4 · Substituted, ibid, dated 1.10.1953.

15 · Grant of License or Permission: (1) The ¹[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, or the date on 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 or amendment in his license shall apply to the [Ministry of Industrial Development] ²* * *giving the reasons for the variation or amendment.

17 · Revocation of Licences: The [Ministry of Industrial Development] ²* *

19 · Submission of Returns: [(1)] Every owner of an industrial undertaking in respect of which a license or permission has been granted ²[under the Act] shall send every half year ending 30 th June and 31 st 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.

19 · renumbered as sub -rule (1) by S.R.O. 1856, dated 1.10.1953.

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 a license or permission has been granted shall be eligible to the allotment of controlled commodities required by him for the construction or operation or 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 G/S/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 or 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.