section 4
Licences .
The Kerala Beedi and Cigar Industrial Premises (Regulation of Conditions of Work) Act, 1961(1) Any person, who intends to use any beedi and cigar industrial premises shall make an application in writing to the competent authority for a licence therefore, together with such particulars as may be prescribed. (2) The application shall specify the maximum number of employees proposed to be simultaneously employed at any time 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 or cigars; (b) the status and previous experience of the applicant: (c) the financial resources of the applicant including the 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 or cigar manufactured by the applicant will be sold and marketed by himself or through a proprietor or a registered use of a trade mark registered under the Trade and Merchandise Marks Act, 1958 (Central Act 43 of 1958), in relation to beedi or cigar 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) The competent authority shall not grant a licence unless it is satisfied that the provisions of this Act and the rules made thereunder have been substantially complied with. (5) (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). (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 licensee has been guilty of an offence under this Act or under any other Act or of any breach of any rule made under this Act or of the terms and conditions of the licence. (7) The Government may issue to competent authorities such orders and directions of a general character as the Government may consider necessary in respect of any matter relating to licences 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 grant or renew any licence, it shall do so by an order communicated to the applicant, giving the reasons in writing for such refusal.
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