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Union of India - Section

Section 112 in The Explosives Rules, 2008

112. Renewal of licence

(1)Every licence except the licences granted for a specific period not exceeding one year, shall be renewable for a maximum period of five financial years ending on the 31st March.
(2)Renewal of license - Every application under sub - rule ( 1 ) for renewal of the license shall be accompanied by the following documents , namely :a. application in Form RE - 1 ;b. The original license :c. Prescribed renewal feed. In case of Explosives Manufacturing Units , all the inspection or safety audit reports since last approval as per the Manufacture , Storage and Import of Hazardous Chemicals Rules , 1989 issued by Third Party Inspection Agency approved under these Rules.
(3)A licence may be renewed by the authority empowered to grant such licence:Provided that a licence which has been granted by the Chief Controller may be renewed without any alteration by a Controller duly authorised by the Chief Controller in this behalf:Provided further that a licence, which has been granted by the District Magistrate, may be renewed without any alteration by a Sub-Divisional Magistrate or an Executive Magistrate duly authorised by the District Magistrate in this behalf.
(4)Every application for the renewal of a licence shall be made so as to reach the licensing authority or the authority empowered to renew the licence on or before the date on which the licence expires.
(5)If the application for renewal reaches the renewing or licensing authority on or before the date of expiry, the licence shall be deemed to be in force until such date as the licensing authority renews the licence or until an intimation that the renewal of the licence is refused has been communicated to the applicant.
(6)The same fee shall be charged for the renewal of a licence for each year as for grant thereof:Provided that if the renewal application together with complete documents is received by the licensing authority after the date of expiry but not later than six months from the date of expiry; and if the licensing authority is satisfied that such delay is beyond the control of the licensee, the licence may, without prejudice to any other action that may be taken in this behalf, be renewed on payment of penalty fee which is equal to one year's licence fee.
(7)In case of an application for the renewal of the licence for a period of more than one year at a time, the fee prescribed under proviso of sub-rule (6), if payable, shall be paid only for the first financial year of renewal.
(8)Every licence granted under these rules other than a licence granted for a specified period shall be renewable for a maximum period of five years where there has been no contravention of the Act or these rules framed there under or of any condition of the licence so renewed.
(9)Where a licence renewed for more than one financial year is surrendered before its expiry, the renewal fee paid for the unexpired portion of the licence shall be refunded to the licensee:Provided that no refund of renewal fee shall be made for any financial year during which-
(a)the licensing authority received the renewed licence for surrender;
(b)any explosive is received or stored on the authority of the licence.
(10)No licence shall be renewed if the application for renewal is received by the licensing or renewing authority after three months of the date of its expiry. An application for revalidation received after three months of the expiration of the licence shall be considered as an application for a new licence.
(11)When a licence is renewed by the Chief Controller or a Controller, an intimation to that effect shall be sent to the District Magistrate concerned and when a licence is renewed by the District Magistrate, intimation to that effect shall be sent to the Controller having jurisdiction.