Licensing of manufacturers and
dealers.
9.(1) Save as otherwise provided in
this section, no person shall manufac-ture, or commence
or carry on business as a manufacturer or dealer of, any
dangerous machine unless he holds a valid licence issued
in this behalf by the Controller:
Provided that a person engaged in
the manufacture of, or carrying on business as a
manufacturer or dealer of, any dangerous machines of any
class immediately before the appointed day in relation to
dangerous machines of such class may continue to
manufacture such machines or carry on such business
without such a licence for a priod of one month from that
date, and if he makes an application for such licence
under this section within the said period of one month,
till the communication to him of the order of the
Controller disposing of such application.
Explanation:- For the purposes of
this proviso, "appointed day" means-
- in ralation to the class
of dangerous machines being power threshers,
the date of commencement of this Act;
- in relation to any other
class of dangerous machines, the date with
effect from which such machines have been
specified to be dangerous machines by the
Central Government by notification under
clause (c) of section 3, or in the case of a
State in which this section has come into
force with effect from a later date, such
later date,
- A licence issued under this
section-
- shall be valid for a
period of five years;
- may be renewed from time
to time, for a like period; and
- shall be in such form, and
shall be subject to such conditions, as may
be prescribed by the Central Government.
- A person who intends to
commence the manufacture, or carry on business as
manufacturer or dealer, of any dangerous machine
shall make an application in such form and on
payment of such fees, not exceeding five hundred
rupees, as may be prescribed, for the issue of a
licence.
- No application for the issue
of a licence to commence the manufacture, or to
carry on business as a manufacturer or dealer, of
any dangerous machine shall be granted unless the
Controller, after making such inquiry as he
thinks fit, is satisfied-
- in the case of a
manufacturer carrying on business at the
commencement of this Act, of manufacturing
any dangerous machine, that such machine
complies with the standards prescribed under
section 13; and
- in the case of a person
who intends to commence business, after such
commencement, as a manufacturer of a
dangerous machine, that the applicant has
declared that he would manufacture such
machine in accordance with the standards laid
down by or under this Act.
- An application for the renewal
of a licence issued under this section shall be
made not less than forty-five days before the
date of expiry of the period of validity thereof
and shall be accompanied by such fees, not
exceeding two hundred rupees, as may be
prescribed.
- No application for the renewal
of a licence for the manufacture, or for the
carrying on the business as manufacturer, of a
dangerous machine shall be rejected unless-
- the holder of such licence has
been given a reasonable opportunity of presenting
his case; and
- the Controller is satisfied
that-
- the application for such
renewal has been made after the expiry of the
period specified therefor;
Provided that an application
for the renewal of a licence made after the expiry of
the specified period may be entertained on payment of
such late fees, not exceeding one hundred rupees, as
may be prescribed;
- any statement made by the
applicant at the time of the issue or renewal of
the licence was incorrect or false in material
particulars;
- the applicant has omitted or
failed to manufacture any dangerous machine in
accordance with the prescribed standards; or
- the applicant has contravened
any term or condition of the licence or any
provision of this Act, or any rule or order made
thereunder or of any law for the time being in
force in so far as such law prohibits the
bringing into or taking out of India, any
dangerous machine.
- Every person to whom a licence
has been issued or renewed under this section
shall comply with the terms and conditions
specified in the licence and the providions of
this Act and the rules and orders made
thereunder.
- Every person to whom a licence
has been granted or renewed under this section
shall ensure that every person employed by him
complies, in the course of such employement, with
the provisions of this Act or any rule or order
made thereunder;
- Every order granting or
rejecting any application for the issue or
renewal of a licence under this section shall be
made in writing.
- Every licensed dealer and
every licensed manufacturer shall display his
licence at a conspicuous place of the premises in
which he carries on business as such licensed
dealer or manufacturer.
Suspension
and cancellation of licences.
10. (1) the Controller may, if he
has any reasonable cause to believe that the holder of a
licence granted under section 9 has made a statement in,
or in relation to, any application for the issue or
renewal of a licence, which is incorrect or false in
material particulars, or has contravened any provision
tion of of this Act or any rule or order made thereunder
or of any other law for the licences. time being in force
which regulates the bringing into or taking out of India
any dangerous machine, suspend such licence pending the
completion of any inquiry or trial against the holder or
such licence, for making such incorrect or false
statement or for such contravention, as the case may be;
Provided that no such licence
shall be suspended for a period exceeding ten days
unless the holder thereof has been given a reasonable
opportunity of showing cause against the proposed
action.
- the Controller may, if he is
satisfied after making such inquiry as he may
think fit, that the holder of any licence issued
or renewed under this Act has made such incorrect
or false statement as is referred to in
sub-section (1), or has omitted or failed to
manufacture any dangerous machine in accordance
with the prescribed standards or has contravened
the provisions of such law, rule or order, as is
referred to in that sub-section, cancel such
licence;
Provided
that no licence shall be cancelled unless the
holder thereof has been given a reasonable
opportunity of showing cause against the proposed
action.
- Every person who holds a
licence which is suspended or cancelled shall,
immediately after such suspension or
cancellation, stop functioning as such licensee
and shall not resume business as such licensee
until the order of such suspension or
cancellation has been vacated.
- Every person who holds a
licence which is suspended or cancelled shall,
immediately after such suspension or
cancellation, surrender such licence to the
Controller.
Cancellation
of licence on application by manufacturer or dealer.
11. A person licensed to
manufacture or carry on business as a manufacturer or
dealer of any dangerous machines who discontinues such
manufacture or business, or who intends to discontinue
such manufacture of or business,may make an application
to the Controller for the cancellation of his licence,
and thereupon, the Controller may cancel such licence .
Licence
to a firm to be invalid on the change of partnership.
12. Where any firm has been
licensed under this Act to manufacture or carry on
business as a dealer or manufacturer of a dangerous
machine, such licence shall, notwithstanding anything
contained in this Act, become invalid on and from the
date on which there is a change in the partnership of
such firm, unless such change in the partnership of the
firm, has been approved by the Controller.
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