165. Renewal of licence. - (1) A licence may be renewed by the authority empowered to grant such licence provided that a licence, which has been granted by the Chief Controller, may be renewed without any alteration by a Controller duly authorised by the Chief Controller in this behalf
Provided that a Sub-Divisional Magistrate or an Executive Magistrate or a Taluka Magistrate may renew a licence that has been granted by the district authority without any alteration duly authorised by the district authority in this behalf.
(2) The Controller authorised by the Chief Controller under sub-rule (1) may, and when so required by the Chief Controller, shall require the 'licensee to follow the procedure laid down under sub-rule (1) of rule 156 before renewing licence in Form 20 or Form 21 or Form 22.
(3) Every application for the renewal of a licence shall be made so as to reach the licensing authority or the authority empowered to renew the licence at least 30 days before the date on which the licence expired, and if the application is so made, the licence shall be deemed to be in force until such date as the licensing authority renews the licence or until an intimation that the renewal of the licence is refused has been communicated to the applicant.
(4) Every application under sub-rule (3) for renewal of the licence shall accompanied by the following documents:
(i) Application in Form 13;
(ii) The original licence together with its enclosures and approved plans, Schedules and Forms;
(iii) Prescribed renewal fee.
(5) The same fee shall be charged for the renewal of a licence for each year as for grant thereof:
Provided that if the application for renewal is not received within the time specified in sub-rule (3), the licence shall be renewed only on payment of double fee as ordinarily payable for the licence:
Provided further that if the renewal application together with complete documents specified under sub-rule (4) is received by the licensing authority after the date of expiry but not later than 30 days from the date of expiry, and if the licensing authority is satisfied that such delay is beyond the control of the licensee, the licence, may, without prejudice to any other action that may be taken in this behalf, be renewed on payment of double the fee ordinarily payable for the licence.
(6) In case of an application for the renewal of the licence for a period of more than one year at a time, the fee prescribed under proviso of sub-rule (5), if payable, shall be paid only for the first financial year of renewal.
(7) Every licence granted under these rules other than a licence granted for a specified period shall be renewable for two years where there has been no contraventions of the Act or the rules framed thereunder or of any condition of the licence so renewed.
(8) Where a licence renewed for more than one financial year is surrendered before its the renewal fee paid for the unexpired portion of the licence shall be refunded to the licensee provided that no refund of renewal fee shall be made for any financial year during which,-
(a) The licensing authority received the renewed licence for surrender;
(b) Any explosive is received or stored on the authority of the licence.
(9) No licence shall be renewed if the application or renewal is received by the licensing authority after 30 days of the date of its expiry.
(10) When a licence is renewed by the Chief Controller or a Controller, intimation to that effect shall be sent to the district authority concerned and when a licence is renewed by the district authority, an intimation to that effect shall be sent to the Controller having jurisdiction.
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