Section – 79. Approval and licensing of factories.
(1) The appropriate Government may make rules in respect of factory or class or description of factories for—
(a) the submission of plans including specifications, nature and certification thereof;
(b) the previous permission for the site on which the factory is to be situated and for the construction or extension thereof; and
(c) subject to the provision of sub-section 119, licensing and renewal thereof including fees to be payable for such licensing and renewal, if required, as the case may be.
(2) If on an application for permission referred to in clause (b) of sub-section (1), accompanied by the plans and specifications required by the rules made under clause (a) of that sub-section, sent to the State Government or Chief Inspector-cum-Facilitator in electronic mode, no order is communicated to the applicant within such period not exceeding thirty days, the permission applied for shall be deemed to have been granted.
(3) Where a State Government or a Chief Inspector-cum-Facilitator refuses to grant permission for the site, construction or extension of a factory or licensing of a factory, the applicant may, within thirty days of such refusal, appeal to the Central Government if the decision appealed from was of the State Government, and to the State Government in any other case.
Explanation.—A factory shall not be deemed to be extended within the meaning of this section merely by replacement of any plant or machinery or, within prescribed limits, by addition of any plant or machinery, if such replacement or addition does not reduce the minimum clear space required for safe working or adversely affect environmental conditions due to emission of steam, heat, dust or fumes injurious to health.