Union of India - Act
Registration and Licensing of Industrial Undertakings Rules, 1952
UNION OF INDIA
India
India
Registration and Licensing of Industrial Undertakings Rules, 1952
Rule REGISTRATION-AND-LICENSING-OF-INDUSTRIAL-UNDERTAKINGS-RULES-1952 of 1952
- Published on 31 December 1953
- Commenced on 31 December 1953
- [This is the version of this document from 31 December 1953.]
- [Note: The original publication document is not available and this content could not be verified.]
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 or context,3. Application for registration.
- [(1) An application for the registration of an existing industrial undertaking shall be made, in triplicate, to the [Ministry of Commerce and Industry, Department for Promotion of Industry and Internal Trade] [Substitued by S.R.O. 1856, dated 1st October, 1953], Government of India, New Delhi, in Form A or B, as the case may be, appended to these rules, 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 industrial undertaking:]Provided that an application which is not made in time may be entertained by the [Ministry of Commerce and Industry, Department for Promotion of Industry and Internal Trade] [Substituted 'Ministry of Industrial Development' by Notification No. G.S.R. 637(E), dated 4.9.2019.], if the applicant satisfies that Ministry that there was sufficient cause for not making the application in time.4. Acknowledgment of application.
- On receipt of application, the receiving officer shall note thereon the date of its receipts and shall send to the applicant an acknowledgment stating the date of receipt.5. Power of Central Government to ask for additional information.
- The [Ministry of Commerce and Industry, Department for Promotion of Industry and Internal Trade] [Substituted 'Ministry of Industrial Development' by Notification No. G.S.R. 637(E), dated 4.9.2019.] or the authority appointed by it [in this behalf] [Substitued by S.R.O. 1856, dated 1st oCtober, 1953] may require the applicant to furnish within a 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 [Ministry of Commerce and Industry, Department for Promotion of Industry and Internal Trade] [Substituted 'Ministry of Industrial Development' by Notification No. G.S.R. 637(E), dated 4.9.2019.], 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] [Substitued by G.S.R. 270(E), dated 14th June, 1974], 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 [Ministry of Commerce and Industry, Department for Promotion of Industry and Internal Trade] [Substituted 'Ministry of Industrial Development' by Notification No. G.S.R. 637(E), dated 4.9.2019.] shall inform the applicant accordingly.7. Application for licence.
8. Acknowledgment 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 acknowledgment stating the date of receipt.9. Power to call additional information.
- The [Ministry of Commerce and Industry, Department for Promotion of Industry and Internal Trade] [Substituted 'Ministry of Industrial Development' by Notification No. G.S.R. 637(E), dated 4.9.2019.] or the authority appointed by it [in the this behalf] [Substitued by G.S.R. 691(E), dated 1st March, 1957] may require the applicant to furnish, within a period to be specified by it, such additional information as it may consider necessary.10. [ Application to be referred to committee. [Substitued by G.S.R. 270(E), dated 14th June, 1974]
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 Commerce and Industry, Department for Promotion of Industry and Internal Trade] [Substituted 'Ministry of Industrial Development' by Notification No. G.S.R. 637(E), dated 4.9.2019.].12. Contents of the report.
- In making the report under rule 11, the [* * *] [Substitued by G.S.R. 270(E), dated 14th June, 1974] Committee shall have regard to the approved plans, if any, of the Central Government for the development 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] [Substitued by G.S.R. 270(E), dated 14th June, 1974] 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] [Substitued by G.S.R. 270(E), dated 14th June, 1974]14. Invitation of applications.
15. Grant of licence or permission.
16. Variation or amendment of licences.
17. Revocation of licences.
- The Ministry of [Industrial Development] [Substitued by G.S.R. 270(E), dated 14th June, 1974] shall, before exercising its power of revocation of a licence under sub-section (1) of Section 12 of the Act, give an opportunity to the licensee to state his case.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 existing undertakings. The results of the review shall be reported to the Central Advisory Council.19. Submission of returns.
- [(1)] [Renumbered by S.R.O. 1856, dated 1st October, 1956] Every owner of a industrial undertaking in respect of which a licence or permission has been granted [under the Act] [Substitued by S.R.O. 1856, dated 1st October, 1956] shall send every half year ending 30th June and 31st December, commencing from the date of grant of the licence or permission, as the case may be, till such time as the industrial undertaking commences production a return [with five spare copies] [Substitued by S.R.O. 1856, dated 1st October, 1956] in Form G appended to these rules, to the Ministry of [Industrial Development] [Substitued by G.S.R. 270(E), dated 14th June, 1974], 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.] [Inserted by S.R.O. 691, dated 1st March, 1957]19A. [ Notice of certain facts to be given. - (1) If there is any change in the name of registered industrial undertaking or an undertaking in respect of which a licence or permission has been granted under the Act the owner thereof, shall within fourteen days from the date of such change give notice in writing of the fact to the Ministry of [Industrial Development] [Inserted by S.R.O. 1856, dated 1st October, 1974], Government of India, New Delhi and forward the registration certificate or the licence, as the case may be, to that Ministry for endorsing thereon the change in the name of undertaking.]
19B. [ Loss of registration certificate or licence. [Inserted by S.R.O. 1856, dated 1st OCtober, 1953]
- Where a Registration Certificate, a licence or a permission granted under these rules, is lost, destroyed or mutilated, a duplicate may be granted on receipt of a treasury challan of Rs. 5.]20. Penalty for contravention of rules.
- Whosoever contravenes or attempts to contravene or abets 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 licence 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.22. Concession in the grant of import licences to undertakings.
- The owner of an industrial undertaking in respect of which a licence or permission has been granted shall be eligible for the issue of licences or 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 to time to time. In determining this preference which may include such concession as the submission of one consolidation 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.[Form A] [Substitued by S.R.O. 1856, dated 1st October, 1953]Prescribed under rule 3 of the Registration and Licensing of Industrial Undertaking Rules, 1952 (as revised)Application For Registration1. This form is to be used in the following cases :
2. Particulars given in the application should show the position as on 8th May, 1952, [1st October, 1953, 1st March, 1957] [Inserted by S.R.O. 691, dated 1st March, 1957], [or 7th February, 1974] [Inserted by S.R.O. 691, dated 1st March, 1957] as is applicable to the schedule industry concerned.
1. Schedule Industry or Industries to which the articles produced relate.
2. Registration number under the Indian Factories Act and the date of registration.
3. Name of the industrial undertaking.
Address:4. Ownership. Whether proprietary, partnership, private limited or public limited.
5. Names of proprietors, partners or Board of Director and their addresses.
6. Name and address of the owner of the factory in terms of Section 3 (f) of the Act.
7. Capital structure
8. Name and address of managing agents, if any, and the principal clauses of managing agency agreement.
9. A copy each of the last three years balance-sheets and profit and loss accounts. (To be attached to each copy of the application).
10. (a) Foreign capital invested. Terms of agreement, if any, with foreign collaborator including terms in regard to royalty, etc.
11. Approximate land under control of the factory-
12. Water supply.
13. Power supply:
(a)Total requirements drawn from -14. (a) Nature of plant and equipment section by section.
Main plant and machinery items grouped under different sections following the standard practice in vogue in each industry.15. Transport facilities for incoming raw materials and out-going finished products.
16. Manufacturing activities
| Nameof the manufactured product | Capacity |
17. Past production including by-product during the last three calendar-
| Nameof principal product or by-product | Quantity | Value |
18. Staff and labour employed-Head Office : Factory : Total
1. This form is to be used in the following cases :
2. Particulars given in the application should show the position as on the 8th May, 1952, [1st October, 1953, [1st March,1957] [Substitued by S.R.O. 1856, dated 1st October, 1953] or 7th February, 1974] as is applicable to the schedule industry concerned.
Note. - Where an industrial undertaking consists of more than one factory, a separate form should be filled and sent, for each of the factories.1. Schedule industry or industries to which the articles produced relate;
2. Name and address of the applicant;
3. Name of the industrial undertaking;
Address:4. Ownership. Whether proprietary, partnership, private limited or public limited company.
5. Names of proprietors, partners or Board of Directors and their address.
6. Name and address of the owner of the factory in terms of Section 3 (f) of the Act.
7. Whether sanction for capital issue has been applied for. If so, the number and date of sanction of capital issue. If not, how the undertaking is or is to be financed.
8. What percentage of the total capital has been raised or subscribed.
9. Types, number and values of different classes of shares authorized, issue and paid-up or arrangements being made for (a) in the case of companies registered under the Indian Companies Act, 1913.
| (i)Authorized Capital : | Number | Value | Total |
| Preferenceshares | |||
| Ordinaryshares | |||
| Deferredshares | |||
| Anyother class of shares | |||
| (ii)Issued Capital: | |||
| Preferenceshares | |||
| Ordinaryshares | |||
| Deferredshares | |||
| Anyother class of shares | |||
| (iii)Paid-up Capital: | |||
| Preferenceshares | |||
| Ordinaryshares | |||
| Deferredshares | |||
| Anyother class of shares | |||
| (iv)Debentures | |||
| (v)Other borrowings | |||
| (b)In the case of others : | |||
| (i)Capital invested by the owner excluding borrowings. | |||
| (ii)Shares of each of the partners or members of an association. | |||
| (iii)Borrowings. |
10. Name and address of the managing agents, if any.
11. Obligations, rights and privileges of managing agents in the constitution and working of the company.
12. Is any foreign collaboration or investment envisaged. If so, the extent and nature of such collaboration. Give a copy of the agreement, if any.
13. Are foreign technicians required. Number and types of such personnel. (Approximate indication may be given).
14. Location or proposed location of the factory.
| Tehsil | District | State |
15. Area of land required and whether it has been secured.
16. Particulars of buildings erected.
17. What portion of the factory building has been constructed and what proportion in value does it bear to the entire cost of the factory buildings.
18. Lines of manufacture proposed.
| Nameof product and by-product | Monthlyproposed installed capacity. |
19. Number of estimated working days in a year.
20. Indicate your requirements of rail transport for movement of raw materials and finished products.
21. Estimated requirements of main raw materials.
| Nameof raw material | Whetherindigenous or imported; if latter, country of origin | Quantityrequired per year | Estimatedvalue |
22. Requirements of capital equipment-
Total value of equipment required.23. What percentage in value of item 22 has been-
24. Water supply :
(a)Will it be ample for the requirements of-25. Power supply-
(a)Total requirements proposed to be drawn from-| 26.Staff and labour | Alreadyemployed | Proposedto be employed on implementation of the project |
| (a)Managerial | ||
| (b)Supervisory: | ||
| Non-technical | ||
| (c)Clerical | ||
| (d)Labour: | ||
| Skilled | ||
| Semi-skilled | ||
| Unskilled | ||
| (e)Other categories, if any. |
27. Give a brief description of the processes involved in the manufacture and the factors favourable for their adoption in the location proposed by you.
Date .................Place ....................Signature of Applicant(To be filled in by the Government of India)Date of receipt of the application.Signature of the Receiving Officer.]Form CPrescribed under rule 6 of the Registration and Licensing of Industrial Undertaking Rules, 1952Registration No ........................Government Of IndiaMinistry Of Commerce And IndustryNew Delhi, the ...................19.....Certified that the Industrial Undertaking details of which are mentioned below has been registered in terms of Section 10 of the Industries (Development and Regulation) Act, 1951 (LXV of 1951).Details:1. Scheduled Industry.
2. Name of Industrial Undertaking.
AddressName of ownerAddress3. [ Articles produced or to be produced .................] [Inserted by G.S.R. 369(E), dated 17th August, 1974]
4. [ Annual productive capacity of such articles ..................] [Inserted by G.S.R. 369(E), dated 17th August, 1974]
Signature of OfficerSeal of the Ministry.[* * *] [Forms D-I, D-II, E, E-I, E-II omitted by Notification No. 274(E), dated 19th June, 1974][Form F] [USbstitued by S.R.O. 1856, dated 1st October, 1953]Prescribed under rule 15(4) of the Registration and Licensing of Industrial Undertakings Rules, 1952 (as revised)Licence No............PermissionGovernment Of IndiaMinistry Of Commerce And IndustryNew Delhi, the .....................19.....LicenceAn application No.................... dated ..............................for a ...................having been received from ....................Permission for.............. under rule 7 of the Registration and Licensing of Industrial Undertakings Rules, 1952, the Central Government, in exercise of the powers conferred by rule 15(2) of the said rules, hereby grant this ............licence/permission ...............to..............subject to the following conditions :1. Scheduled industry to which the articles manufactured by the undertaking relate.
2. Name and address of the industrial undertaking.
3. Number and address of the Registration Certificate/Licence/ Permission issued to the undertaking.
In The Case Of Establishment Of Industrial Undertakings Of Manufacture Of New Articles4. [(a) In the case of a public company within the meaning of the Companies Act, 1956.] [Substitued by S.R.O.691, dated 1st MArch, 1957]
What percentage of the total issued capital has been paid-up?5. What percentage in value of total requirements of capital equipment has
been-6. Whether land has been acquired for the factory. [Indicate the expenditure incurred on this item during the period covered by the Report.] [<SPAN class=amd2><A TITLE =]
7. Progress made in the construction of the factory and the installation of plant and machinery. [Indicate the expenditure incurred on this item during the period covered by the Report] [Substitued by S.R.O. 691, dated 1st March, 1957]
8. Progress made in getting supply of power and water.
9. Progress made in the recruitment of foreign technicians, if any.
[Indicate the expenditure incurred on this item during the period covered by the Report.] [Substitued by S.R.O. 691, dated 1st March, 1957]| 10.Staff and labour | Employedbefore the implementation of the project. | Nowemployed | |
| (a)Managerial | |||
| (b)Supervisory | |||
| Technical | |||
| Non-technical | |||
| (c)Clerical | |||
| (d)Labour- | |||
| Skilled | |||
| Semi-skilled | |||
| Unskilled | |||
| (e)Other categories, if any. | |||
| 11.Pollution Control (Steps taken to prevent pollution) | |||
| (a)Has the approval for the pollution control steps been receivedfrom the appropriate authority? | |||
| (i)Air | Yes | No | |
| (ii)Water | |||
| (b)Expenditure on Land, Civil construction, know-how and equipment: | |||
| (i)Land | Estimatedcost | Revisedcost | Expenditureincurred |
| (ii)Civil construction | |||
| (iii)Know-how | |||
| (1)Indigenous | |||
| (2)Imported | |||
| (iv)Equipment | |||
| (c)Likely dates of completion: | |||
| (1)Air | InstallationMonth year | TribunalRuns Month Year | |
| (2)Water | |||
| (3)Soil |
13. [(a) In the case of a public company within the meaning of the Companies Act, 1956.] [Substitued by S.R.O. 691, dated 1st March, 1957]
What percentage of the total issued capital has been paid-up?14. Whether any land required for the undertaking has been acquired.
15. Progress made in the construction of factory buildings and the installation of plant and machinery at the new site.
16. Whether additional power and water required has been secured.
17. Progress made in the requirement of foreign technicians, if any, number and types secured.
18. What percentage in value of total requirement of the capital equipment has been
| 19.Staff and labour | Employedbefore the substantial expansion or change of location wasundertaken. | Nowemployed |
| (a)Managerial | ||
| (b)Supervisory | ||
| Technical | ||
| Non-Technical. | ||
| (c)Clerical. | ||
| (d)Labour- | ||
| Skilled | ||
| Semi-skilled. | ||
| Unskilled. | ||
| (e)Other categories, if any. | ||
| 20.Product and by-product manufactured. | ||
| Nameof product or by-product | Presentmonthly installed capacity | Presentdaily output |
| Place...................... | ||
| Date......................... | ||
| Signatureof the holder of Registration | ||
| Certificate/Licence /Permission.] |