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State of Tamilnadu - Section

Section 4 in The Tamil Nadu Beedi Industrial Premises (Regulation of Conditions of Work) Act, 1958

4. Licences.

(1)Any person who intends to use any place or premises as a beedi industrial premises shall make an application in writing to the competent authority for a licence therefor together with such particulars as may be prescribed.
(2)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.
(3)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 beedies;
(b)the status and previous experience of the applicant;
(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 benami on behalf of any other person;
(e)whether the beedi manufactured by the applicant will be sold and marketed by himself or through a proprietor or a registered user of a trade mark registered under the Trade Marks Act, 1940 (Central Act V of 1940)1, in relation to beedi or any other person;
(f)the welfare of labour in the locality;
(g)the interest of the public generally; and
(h)such other matters as may be prescribed.
(4)
(a)A licence granted under this section shall be valid for a financial year and shall be renewed from financial year to financial year.
(b)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).
(5)The competent authority shall not grant or renew a licence unless it is satisfied that the provisions of this Act and the rules made thereunder have been substantially complied with.
(6)The competent authority may cancel or suspend any licence granted or renewed under this Act if it appears to it, after giving the holder, thereof an opportunity of being heard, that such licence has been obtained by misrepresentation or fraud or that the licence has contravened, or failed to comply with, any of the provisions of this Act or the rules made thereunder or any of the terms or conditions of the licence.
(7)The Government may issue to competent authority such orders and directions of a general character as the Government may consider necessary in respect of any matter relating to licence under this section.
(8)Subject to the foregoing provisions of this section, the competent authority may grant or renew licences under this Act on such terms and, conditions as it may determine. Where the competent authority refuses to grantor renew any licence, it shall do so by an order communicated to the applicant, giving the reasons in writing for such refusal.