Industrial Licensing Act
An Act to control the establishment of industries and for other purposes connected therewith.
In this Act, unless the context otherwise requires—
(a)"board" means the Industrial Licensing Board established under section 2;(b)"cottage industry" means, in relation to the manufacture of any scheduled article, any single unit of industry in which—(i)no more than ten workers are employed;(ii)no prime mover is utilised;(c)"functions" includes powers and duties;(d)"licence" means a licence issued under this Act;(e)"manufacture" means to subject any physical matter to any process—(i)which materially changes the matter in substance, character or appearance; and(ii)which results in the matter, after being so processed, being a scheduled article, whether or not it was such an article before the process;(f)"Minister" means the Minister to whom functions under this Act are assigned;(g)"secretary" means the secretary to the Industrial Licensing Board; and(h)"scheduled article" means any article falling within any class of product specified in the Schedule to this Act.
2. Establishment of Industrial Licensing Board
(1)There shall be established a board to be known as the Industrial Licensing Board.(2)The board shall consist of a chairperson, a public officer nominated by the Minister responsible for foreign affairs and not less than two nor more than four other members, all of whom shall be appointed by the Minister.(3)A member of the board shall hold office for a term of two years but shall be eligible for reappointment.(4)A member of the board may resign his or her office by giving notice in writing addressed to the Minister, and as from the date specified in the notice, or, if no date is specified, from the date of the receipt of the notice, that person shall cease to be a member of the board.(5)The Minister may remove any member of the board from office for inability to perform the functions of his or her office or for any other sufficient cause.
3. Secretary to the board
(1)The Minister shall appoint a public officer to be the secretary to the board, but the secretary shall not be a member of the board.(2)All applications and other documents which are intended to be considered by the board shall be lodged with the secretary, and all acts and decisions of the board shall be signified through the secretary.(3)The secretary shall give effect to any orders given to him or her by the board in exercise of its functions under this Act.
4. Meetings of the board
(1)The board shall meet for the discharge of its functions under this Act at such place and time as the chairperson may appoint.(2)The chairperson shall preside at all meetings of the board; and where the chairperson is absent from any meeting a member of the board nominated by the chairperson, or if no member is nominated, such member of the board as the members present shall appoint, shall preside.(3)The quorum at any meeting of the board shall be three.(4)Questions proposed at a meeting of the board shall be determined by a simple majority of the members of the board present and voting; and in the case of an equality of votes, the person presiding at the meeting shall have a casting vote.(5)Nothing done by the board shall be treated as invalid by reason of a deficiency in the number of its members, provided any such action is subsequently ratified at a meeting of the board by a majority of the members of the board.
5. Licences required
(1)Subject to this Act, no person shall—
(a)manufacture for sale any scheduled article; or(b)erect, establish or operate any factory for the manufacture for sale of any such scheduled article,
unless he or she is in possession of a licence granted for that purpose by the board under this Act.(2)The Minister may, by statutory instrument, amend the Schedule to this Act.
6. Grant of licences
(1)The board may, on application made to it in accordance with regulations made for that purpose and on payment of such fee as may be prescribed, grant a licence to an applicant, having regard to—
(a)the capital and technical skill available to the applicant;(b)the siting of any factory in relation to the availability of power, fuel, labour, transport, raw materials, land and water;(c)the potential production of and the potential demand for, the articles insofar as, in the opinion of the board, the production and demand are likely to affect the undertaking in respect of which application is made;(d)the interests and conditions of service of the labour employed or to be employed by the applicant;(e)the interests of the potential consumers of the scheduled article; and(f)the general promotion and orderly development of industries and prevention of uneconomic competition.(2)A licence granted by the board shall—
(a)specify the scheduled article in respect of which the licence is granted; and(b)be subject to such conditions as the board may think fit to impose.(3)The board may, on application made to it by the holder of a licence, vary or transfer the licence.(4)When the board is dealing with an application for the transfer of a licence, it shall have regard to the matters set out in subsection (1)(a) to (f).(5)The board may attach conditions to the licence being transferred or vary the existing conditions.
7. Publication of applications
The secretary shall, by way of a notice in the Gazette, and in a newspaper circulating in the locality publish every application for a new licence.
(1)Any person who is likely to be adversely affected by the grant of a licence under this Act may lodge an objection with the secretary not later than thirty days from the date of publication of the application.(2)Any objection lodged with the secretary under subsection (1) shall be in writing and shall set out the grounds upon which the objector claims that he or she will be adversely affected by the grant of the licence.(3)A copy of any objection lodged with the secretary under subsection (1) shall be served by registered post by the objector on the applicant, and the objection itself shall be certified by the objector accordingly.
(1)The board shall, as soon as practicable after the expiration of thirty days next following the date of publication of the application, meet for the purpose of inquiring into any application made under this Act.(2)The secretary shall notify, in writing, the applicant and the objector, if any, of the date, time and place of the board’s inquiry into the application.(3)At an inquiry held under subsection (1) the applicant and the objector shall be entitled to be present or be represented and to be heard.(4)The board may at any stage of an inquiry adjourn the inquiry for the purpose of obtaining further evidence or information.
10. Refund of fee
Where the board refuses to grant a licence, any fee paid by the applicant under section 6 shall be refunded to him or her.
11. Revocation of licence
(1)Where the board is satisfied that the holder of a licence under this Act has failed—
(a)to manufacture for sale any of the scheduled articles specified in his or her licence or to operate any factory for the manufacture for sale of the specified scheduled articles within a reasonable time since the licence was granted;(b)to maintain a minimum level of production of such specified scheduled articles; or(c)to comply with any conditions attached to his or her licence,
it may revoke or vary the terms or conditions of the licence or make any other order including the variation of the terms or conditions of the licence.(2)Before the board varies or revokes a licence under this section, it shall by notice in writing call upon the holder of a licence to show cause why his or her licence should not be varied or revoked within thirty days from the date of the notice.(3)Where the board varies or revokes a licence under this section, it shall inform, in writing, the holder of the licence of the reason why his or her licence has been revoked.
(1)Any person aggrieved by the refusal of the board to grant him or her a licence or by the decision of the board to vary or revoke his or her licence under this Act may appeal in writing to the Minister whose decision shall be final.(2)An appeal under this section shall be lodged within thirty days from the date on which the applicant or holder of a licence is informed of the refusal to grant him or her a licence or the decision to vary or revoke his or her licence.
The Minister may, in consultation with the board, by statutory instrument, make regulations for all or any of the following—
(a)prescribing the form and procedure of application for a licence;(b)prescribing the fees to be charged for a licence;(c)prescribing any other matter to be prescribed under this Act; and(d)for better carrying into effect the objects and purposes of this Act.
14. Offences and penalties
Any person who—
(b)fails to comply with any of the conditions attached to his or her licence; or(c)knowingly gives to the board—
(i)false information during an inquiry in order to obtain a licence; or
commits an offence and is liable on conviction to a fine not exceeding one thousand shillings for each day the contravention, failure or commission of the offence continues or to a term of imprisonment not exceeding two years.
15. Application of Act
This Act shall not apply to a cottage industry in respect of any scheduled article.