Amendment status not verified — confirm the current text below against the official source.
In the Kerala Municipality Act, 1994 (20 of 1994),-- (1) in section 447,-- (a) for the heading "INDUSTRIES, FACTORIES AND OTHER TRADES" before the said section, the heading "INDUSTRIES, FACTORIES, TRADES, ENTREPRENEURSHIP ACTIVITIES AND OTHER SERVICES" shall be substituted; (b) in sub-section (2), after the word "Secretary", the words "or Officer authorised by him" shall be inserted; (c) after sub-section (2) the following sub-section shall be inserted, namely:-- "(2A) The Secretary or the officer authorized by him shall, issue an acknowledgement to the applicant on receipt of application along with the supporting document in such form, as may be prescribed, and shall verify the application and all supporting documents immediately on receipt, and if any supporting document required is not attached with the application the Secretary or the officer authorized by him shall immediately inform the applicant in writing the missing document, if any, and allow the applicant to submit the missing document at the earliest but not later than five days from the date of receipt of application."; (d) for sub-section (3), the following sub-section shall be substituted, namely:-- "(3) The Secretary or the Officer authorized by him shall, within five days from the date of receipt of all supporting documents along with the prescribed clearance from other departments or authorities, by order and subject to such terms and conditions, as he deems fit, grant the licence for use of the place for conducting any industries, factories, trades, entrepreneurship activities or other services, as the case may be,"; (e) sub-section (3A) shall be omitted; (f) in sub-section (4),-- (i) for the brackets, figures and words "under sections (3), (3A)" the words, brackets and figure "under sub-section (3)" shall be substituted; (ii) for the words "three years" the words "five years" shall be substituted; (g) after sub-section (5), the following sub-section shall be inserted, namely:-- "(5A) The license once granted under this section shall remain in force for a period of five years and shall be renewed without any application on payment of the prescribed fee, thirty days before the end of validity of the licence for a further period of five years."; (2) in section 448, (a) in sub-section (1), after the word "Secretary", the words "or officer authorised by him" shall be inserted; (b) after sub-section (1), the following sub-section shall be inserted, namely:-- "(1A) The Secretary or the officer authorized by him shall issue an acknowledgement to the applicant for the receipt of application along with the supporting document in such form, as may be prescribed, and the Secretary or the Officer authorized by him shall, verify the application and all supporting documents on the spot itself, and if any supporting document required is not attached with the application the Secretary or the officer authorized by him shall immediately bring to the notice of the applicant, the missing document, if any, and allow the applicant to submit the missing document at the earliest 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 application, report to the Council if the establishment of the factory or workshop or workplace or the installation of the machinery or manufacturing plant, for which the permission is applied for is objectionable by reason of causing nuisance, pollution due to the density of population in the neighbourhood and Council shall, after having considered the application and report of the Secretary and of such other authorities specified in sub-section (4) and as far as possible, within a maximum period of thirty days from the date of receipt of application grant the permission applied for absolutely or subject to such conditions as it deems fit."; (d) in sub-section (4), in clause (b), after the words "report of the District medical officer of health", the words "if the applicant is a hospital, clinic, para-medical institution, clinical laboratory or other healthcare institutions" shall be inserted; (e) after sub-section (5) the following sub-section shall be inserted, namely:-- "(5A) 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-laws and all conditions which would have been imposed: Provided that if any violation is noticed later, the Secretary with the approval of the Council, may 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: Provided further that on such cancellation, the Secretary may impose a penalty on the applicant for an amount not exceeding rupees five lakh:"; (3) in section 449,-- (a) in sub-section (1), for the word 'Council', 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, machinery or manufacturing plant concerned, and such report shall be furnished, as soon as may be, but not later than fifteen days of reporting of such nuisance."; (4) in section 450,-- (a) after item (i), the following item shall, be inserted, namely:-- "(j) Industrial units certified by the Kerala State Pollution Control Board as Green and White Category."; (b) in the proviso, for the words, letters and brackets "item (h) and (i)" the words, letters and brackets "items (h), (i) and (j)" shall be substituted.