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For the organized growth and development of industrial India, Parliament has enacted the
Industrial (Development and Regulation) Act, 1951. The IDR Act provisions apply to
industrial undertakings, which means an undertaking pertaining to a scheduled industry
carried on in one or more factories by any person or authority.
Chapter III of the Act pertaining to the regulation of scheduled industries makes it
mandatory for every existing industrial undertaking to seek registration with the Central
Government. Also, every new industrial undertaking has been mandated to obtain a license
by the Central Government.
Moreover, a registered or a licensed industrial undertaking is restricted from manufacturing
a new article unless the license for new article has been obtained or prior license has been
amended to include the article, as the case may be.
The rules regarding the granting of registration certificates and licenses are provided under
The Registration and Licensing of Industrial Undertaking Rules, 1952 and Notification
477(E) dated July 25, 1991, of the Department of Industrial Policy and Promotion.
Presently, an industrial license is required for industries retained under compulsory
licensing, the manufacturing of items reserved for the small scale sector by larger units, and
when the proposed location attracts restrictions.
MEANING
An industry is a group of manufacturers or businesses that produce a particular kind of
goods or services.
A licence is a written permission granted to am enterprise by the Government according to
which the product mentioned therein can be manufactured by the enterprise .
Industrial Licensing is a marketing and brand extension tool that is widely used by everyone
from major corporations to the smallest of small business. Entertainment, sports and
fashion are the areas of licensing that are most readily apparent to consumers, but the
business reaches into the worlds of corporate brands, art, publishing, colleges and
universities and non-profit groups, toys, games and beyond. Licensing can extend a
corporate brand into new categories, areas of a store, or into new stores overall. It's a way
to move a brand into new businesses without a major investment in new manufacturing
processes, machinery or facilities.
OBJECTIVES
The main objectives of licencing are The prevention of crime and disorder :Medway Council, as the licensing authority, may take into account and recognise that
certain criminal activity or associated problems may be taking place or have taken
place despite the best efforts of the licensee and the staff working at the premises. In
such circumstances, the council is empowered to take any necessary steps to remedy
the problems. Its role is to promote the licensing objectives in the interests of the
wider community rather than determine guilt or innocence of individuals. Such issues
are for the courts of law.
If you are considering objecting, reviewing a licence or making a complaint, you must
provide evidence that you have seen an issue in relation to the following at first-hand:
breaches of licensing conditions, authorised activities or authorised hours;
a criminal offence (which should be reported to the police first);
anti-social behaviour.
Public safety :The council, as the licensing authority, cannot take into account any issues that are
dealt with in other legislation, such as public health, cleanliness or hygiene.
If you are considering objecting, reviewing a licence or making a complaint you must
provide evidence that you have seen an issue in relation to the following at first-hand:
overcrowding (leading to an increased risk of violence or to the safety of
people in the premises);
fire issues (which should be reported to the fire service first);
anyone being hurt or having an accident in licensed premises (who should
seek medical care and report to the relevant authorities).
The prevention of public nuisance :Public nuisance is given a statutory meaning in many pieces of legislation. It is,
however, not narrowly defined in the Licensing Act 2003 and retains its broad
common law meaning. The issues mainly concern noise nuisance, light pollution,
noxious smells and litter.
Objections and complaints from interested parties
Public nuisance could include low-level nuisance, perhaps affecting a few people
living locally as well as major disturbance affecting the whole community. Examples
of nuisance could include:
noise;
threats to community safety;
litter;
odour;
smoke;
lights.
If you are considering objecting, reviewing a licence or making a complaint, you must
provide evidence that you have experienced a nuisance issue at first hand. Please
make sure that you have:
reported the incident to the relevant authorities in the first instance and
the incident has happened on a repeated basis.
The protection of children from harm:This objective relates to the protection of children from moral, psychological and
physical harm. This includes protecting them from early exposure to:
strong language,
sexual expletives,
adult entertainment,
drinking alcohol,
drug-taking,
gambling,
violence.
Objections and complaints from interested parties ,The Secretary of State for
Culture, Media and Sport recommends that the council, as the licensing
authority, develops family-friendly environments that should not be frustrated
by overly-restrictive conditions relating to children.
Nevertheless, the council also has a responsibility to protect children.
If you are considering objecting, reviewing a licence or making a complaint you
must provide evidence that you have seen actual or potential harm for children
at first-hand. Please make sure that you have:
reported the incident to the relevant authorities in the first instance, for
example, the sale of age-restricted products (this includes sales of alcohol
and tobacco to children or young people who are under-age);
details of the children affected.
Mentioned above are most important points of industrial licencing but rather
than this there are many other objectives which are less important than above
points, they are; To regulate the location of industrial unit so as to secure a balanced
regional development .
To limit the industrial capacity within the targets set by the plans.
Alcoholics drinks.
Cigarettes and tobacco products.
Electronic aerospace and defense equipment.
Explosives.
Hazardous chemicals such as hydrocyanic acid, phosgene, isocynates and diisocynates of hydro carbon and derivatives.