Amendment status not verified — confirm the current text below against the official source.
Application to be made for construction, establishment or installation of factory, workshop or workplace in which steam or other power is to be employed.— # Sub section 4,5 substituted by FifthAmendment Act35of2005,w.e.f 24-08-2005 (a) to construct or establish any factory, workshop or work place in which it is proposed to employ steam power, water power or other mechanical power or electrical power or, any other factory which does not employ any such power; or (b) to installs in any premises any machinery or manufacturing plants driven by steam, water or other power not being machinery or manufacturing plant 28[exempted by this Act or the rules made thereunder] shall, before beginning such construction or establishment make 29 [an application to the Municipality in the prescribed form addressed to the Secretary] for permission to undertake the intended work. (2) The application under sub-section (1) shall specify the maximum number of workers proposed to be employed on any day in the factory, workshop, workplace or premises and shall be accompanied by - (i) a plan of the factory, workshop, work place or premises prepared in such manner as may be prescribed; and (ii) such particulars as to the power, machinery, plant or premises as may be required by byelaws made in this behalf. 30[(3) The Secretary shall, as soon as may be, after the receipt of the 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 permission is applied for, is objectionable by reason of causing nuisance or pollution due to the density of population in the neighborhood and the Council shall, after having considered the application and the reports of the Secretary and of such other authorities specified in sub- section (4) and as far as possible, any how, within a maximum period of 45 days from the date of receipt of the application,— (a) grant the permission applied for absolutely or subject to such conditions as it deems fit; or (b) refuse the permission for reasons to be recorded;] 31 [(4) The Council shall, before granting or refusing the permission under sub-section (3), obtain and consider,— (a) if the factory or workshop or workplace or premises comes within the purview of the Factories Act, 1948 (Central Act 63 of 1948), a report of the Inspector of the Factories appointed under the Factories Act, 1948 (Central Act 63 of 1948) or an officer of the Industries Department not below the rank of the Industries Extension Officer having jurisdiction over the area, regarding the adequacy of ventilation and light, the sufficiency of the height and dimensions of the rooms and doors, the suitability of the exits to be used in case of fire etc. in the plan of the factory or workshop or workplace or premises and such other matters as may be prescribed; (b) if the connected load of the machinery proposed to be installed exceeds twenty-five horse power or the machinery and other institutions are of the nature that there is possibility to cause nuisance or pollution or the said industry is the one as specified in the seventh schedule, a report of the District Medical Officer of Health, regarding the possibility to cause nuisance or pollution; and. (c) if the connected load of the machinery proposed to be installed exceeds twenty-five horse power or the said industry is the one included in the eighth schedule, a report of the Divisional Fire Officer or any other officer authorised by him, regarding the sufficiency of the planned fire prevention and fire fighting activities: Provided that if a declaration is given by the applicant recommended by the officer in the Industries Department or the Kerala State Pollution Control Board authorised for this behalf, to the effect that no pollution is involved in any industry, in respect of such industry report under clause (b) may not be required.] (5) More than nine workers shall not be employed on any day in any factory, workshop, workplace or premises unless the permission granted in respect thereof under sub-section (3) authorises such employment, or unless fresh permission under the said sub-section authorising such employment has been obtained. (6) The grant of permission under this section- (a) shall, in regard to the replacement of machinery, the levy of fees, the conditions to be observed be subject to such restrictions and control as may be prescribed, and (b) shall not be deemed to dispense with the necessity for compliance with the provisions of section 387 and 389 or sections 398 and 399, as the case may be. Explanation.— The word "worker" in sub-section (2) and (5) shall, in relation to any factory, workshop, workplace or premises have the same meaning as in the Factories Act, 1948 (Central Act 63 of 1948). 32[449. ABATEMENT OF NUISANCE FROM FACTORY, WORKSHOP ETC.— (1) Where any factory, workshops, workplace or machinery causes nuisance, which in the opinion of the Council, is by reason of a particular kind of fuel being used or by reason of the noise or vibration created, or discharge of poisonous gas or emission, of foul odour or smoke or dust, the Secretary may direct the person in charge of such factory or workshop or workplace or machinery for the abatement of such nuisance within a reasonable time.