Amendment status not verified — confirm the current text below against the official source.
In the Kerala Panchayat Raj Act, 1994 (13 of 1994),-- (1) in section 232,-- (a) for the heading "DANGEROUS AND OFFENSIVE TRADES AND FACTORIES" before the said section, the heading "INDUSTRIES, FACTORIES, TRADES, ENTREPRENEURSHIP ACTIVITIES AND OTHER SERVICES" shall be substituted; (b) in sub-section (1), the words "being purposes which in the opinion of Government is likely to be offensive or dangerous to human life or health or property" shall be omitted; (2) in section 233,-- (a) in sub-section (2), after the word "Secretary", the words "or officer authorized by the Secretary" shall be inserted; (b) after sub-section (2), the following sub-section shall be inserted, namely:-- "(2A) The Secretary or officer authorized by him shall, issue an acknowledgement to the applicant, on receipt of application along with the supporting documents in the form, as may be prescribed, and shall verify the application and all supporting documents on the spot itself, and if any supporting document is not found attached along with the application, the Secretary or officer authorized by him shall, immediately inform the applicant in writing the list of missing documents and allow the applicant to submit the missing documents as early as possible, but not later than five days from the date of receipt of application."; (c) for sub-section (3), the following sub-section shall be substituted, namely:-- "(3) the Secretary or the officer authorised by him shall, as soon as may be, after the receipt of the application enquire and report to the Village Panchayat as to whether the establishment of the factory, workshop or workplace or other installation of machinery or manufacturing plant for which permission is applied for is objectionable by reason of density of population in the neighbourhood and possibility to cause nuisance or pollution and the Village Panchayat, after having considered the application and the reports of the Secretary and of such other authorities as specified in sub-section (4) may, as expeditiously as possible, within thirty days, grant the permission either absolutely or subject to such conditions as it thinks fit to impose."; (d) in sub-section (4),-- (i) after the words "before granting", the words "or refusing" shall be omitted; (ii) for the words "Village Panchayat", the word "Secretary" shall be substituted; (iii) in clause (b), after the words "a report of the District Medical Officer", the words "in case the applicant is a hospital, clinic, para-medical institution, clinical laboratories or other healthcare institution," shall be inserted; (e) after sub-section (5), the following sub-section shall be inserted, namely;-- "(6) If any order, on an application for permission under this section is not communicated to the applicant within thirty days from the date of receipt of application by the Secretary, the application shall be deemed to have been allowed for the period required in the application subject to the Act, rules and bye law's and all conditions which would have been imposed and if any violation is noticed later, the Secretary shall have the power to cancel the licence after giving a show cause notice to the applicant stating the reason for such cancellation and after examining the submission if any, made within the time specified in the said notice and on such cancelation the Secretary may impose a penalty on the applicant for an amount not exceeding rupees five lakhs."; (3) in section 233A,-- (a) in sub-section (1), for the words "Village Panchayat" the word "Secretary" shall be substituted; (b) for sub-section (2), the following sub-section shall be substituted, namely:-- "(2) The Secretary may obtain expert opinion from the departments concerned, with regard to the determination of the nuisance or its abatement, at the cost of the owner or person in charge of the factory, workshop, workplace or machinery concerned and such report shall be furnished, as soon as possible, but not later than fifteen days of reporting of such nuisance.".