Section 15 in The West Bengal Fire Services Act, 1950
15. [Conditions of grant of license.] [Words substituted for the words 'License of new wareshouse or workshop' by W.B. Act 7 of 1996.]
- [(1) Non-fulfilment of any fire prevention and fire safety measures as may be referred to in the 'Fire Safety Certificate' shall be a breach of a condition of license.] [[Sub-Section (1) substituted by W.B. Act 7 of 1996. Former sub-Section (1) was as under :-'(1) Save as provided in the last preceding section, every person proposing to use as a warehouse or as a workshop any building or place situated within any area in which this Act is in force, shall apply to the Collector in the prescribed form for a license and shall submit with his application a plan in duplicate of such building or place prepared on a scale of one metre to a centimetre, showing -(a)the boundaries of such building or place ;(b)the position of the engines and furnaces used or proposed to be used in the warehouse or in the workshop;(bb)the position of the source of water-supply capable of yielding a sufficient supply of water for the purpose of fire-fighting in the event of a fire; and(c)the space which has been reserved for the loading and unloading of carts and other vehicles or conveyance thereat ;Provided that where such building or place covers, in the opinion of the Collector, a large area, the Collector may, if he so thinks fit, accept a plan prepared on such other scale as appears to him to be suitable.'.]](2)[ Every license granted under section 12 shall be required to be renewed annually; application for renewal of license along with duly endorsed 'Fire Safety Certificate' and such other documents as may be prescribed shall be made to the Collector, who shall renew the license on such scrutiny as he may consider necessary and on payment of the prescribed annual fees :] [[Sub-Section (2) first substituted by W. B. Act 27 of 1951, then again substituted by W.B. Act 7 of 1996. Former sub-Section (2) was as under :-'(2) Upon such application as aforesaid being made, the Collector shall refer the case to the Director and shall grant or refuse the license as may be recommended by the Director.'.]]Provided that if an applicant so desires, he may renew the license for three years at a time on payment of the prescribed fees.(3)[ The annual fee shall be payable in advance in respect of the period commencing from the date from which the premises is used for the purpose referred to in section 12 in the case of new license, and from the date following the date of expiry of the license in the case of the renewal of license.] [[Sub-Section (3) substituted by W.B. Act 7 of 1996. Former sub-Section (3) was as under :-'(3) Every license granted under section 14 or under sub-section (2) shall be required to be renewed annually; applications for renewal shall be made to the Collector, who shall refer the case to the Director and the Collector shall grant or refuse renewal as may be recommended by the Director.'.]](3a)[ When a license is granted under this section or on application under section 14 accompanied by a plan in duplicate of such building or place or when a license is renewed on application submitted with a plan in duplicate under proviso (b) to section 14, a copy of the plan authenticated by the Collector in the manner prescribed shall be returned to the licensee. [Such authenticated copy shall be preserved in good condition by the licensee and he shall produce it before an inspecting officer for scrutiny whenever demanded] [Sub-Section (3a) inserted by W.B. Act 27 of 1951.].(3b)[ Every license granted under sub-section (2) shall have effect from the date on which the license is granted and the renewal of every license renewed under sub-section (3) shall have effect from the date following the date of expiry of the license which is renewed :] [Sub-Section (3b) inserted by W.B. Act 21 of 1960.]Provided that where for any reason no order either granting or refusing a license is made under sub-section (2) within a period of thirty days from the date of receipt by the Collector of the application for the license, the applicant may, on the expiry of such period and for so long as the license is not refused, use the building or place concerned for the purpose for which the license is applied for, and if the license is subsequently granted, the license shall have effect, from the date following the date of expiry of such period.(4)[ A license or renewal of a license, for which an application has been duly made under [section 14] [[Sub-Section (4) substituted by W.B. Act 21 of 1960. Original sub-Section (4) was as under :-'(4) Where a license or renewal of a license is refused, the Collector shall record in writing the reasons for such refusal,'.]] shall not be granted if the Collector is satisfied that the area in which the [premises] [Word substituted for the words 'building or place' by W.B. Act 7 of 1996.] proposed to be used or continued to be [used for the purpose referred to in section 12 is] [Words and figures substituted for the words 'used as a warehouse or workshop is in the public interest' by W.B. Act 7 of 1996.] unsuitable for the purpose. Where any such license or renewal of license is refused, the Collector shall record in writing the reasons for such refusal and shall communicate his order of refusal to the applicant.](5)An appeal shall lie to the Commissioner [against] [Word substituted for the word 'from' by W.B. Act 7 of 1996.] an order refusing a license or the renewal of a license. [The period of limitation for presenting such appeal shall be thirty days from the date of receipt of the communication referred to in sub-section (4) ;Provided that no appeal shall be entertained unless the memorandum of appeal bears [(such court-fee stamp as may be prescribed.)] [Portion within third brackets inserted by W.B. Act 21 of 1960.].]
