What is Industrial Licence? Discuss the consequences where an individual 'A' starts a new industrial undertaking and the business of manufacturing a new article without obtaining a licence from the Government under the I

CS Executive · Economic and Commercial Laws · PYQS · June 2021
What is Industrial Licence? Discuss the consequences where an individual 'A' starts a new industrial undertaking and the business of manufacturing a new article without obtaining a licence from the Government under the Industrial (Development and Regulation) Act, 1951.

Answer & Explanation:

An Industrial licence is a written permission from the Government to an industrial undertaking to manufacture specified articles, listed in the First Schedule and includes particulars of industrial undertaking, its location, articles to be manufactured, the capacity on the basis of maximum utilisation of plant and machinery etc. The licence is subject to a validity period within which the licensed capacity of the undertaking should be established. The owner of an industrial undertaking (other than Central Government) registered under Section 10 of the Industries (Development and Regulation) Act, 1951, or licensed under Section 11 of the Industries (Development and Regulation) Act, 1951, shall not produce or manufacture any new article unless: (a) in the case of an industrial undertaking registered under Section 10, he has obtained a licence for producing or manufacturing such new articles, and (b) in the case of an undertaking licensed under Section 11, he has had the existing licence amended in the prescribed manner. If the Central Government is satisfied, either on a reference made to it in this behalf or otherwise, that any person or authority, to whom or to which, a licence has been issued under section 11, has, without reasonable cause, failed to establish or to take effective steps to establish the new industrial undertaking in respect of which the licence has been issued within the time specified therefor or within such extended time as the Central Government may think fit to grant in any case, it may revoke the licence. If any person contravenes or attempts to contravene or abets the contravention of the provisions of sub-section 10 or section 11 or of section 11A, he shall be punishable with imprisonment which may extend to six months, or with fine which may extend to five thousand rupees, or with both, and, in the case of a continuing contravention, with an additional fine which may extend to five hundred rupees for every day during which such contravention continues after conviction for first such contravention.

Topics: Industrial (Development and Regulation) Act, 1951

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