Amendment status not verified — confirm the current text below against the official source.
(1) Any person who intends,-- (a) to use a place to construct an industrial plant, factory or other workplace or to construct or establish an industrial plant or factory in that place or to use steam power, water power, other mechanical power or electrical power therein; or (b) to install in any premises of the said place other machinery or manufacturing plant run by steam power, water power, other mechanical power or electrical power, not being exempted by this Act or the rules made thereunder, shall apply for a licence of the Municipality under Section 447 to use the said place for the said purpose and before constructing an industrial plant or factory or workplace or installing machinery or plant, shall submit an application to the Secretary [or officer authorised by him] of the Municipality in such form as may be prescribed, for permission to take up and carry out the proposed work.] [(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.] (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 bye-laws made in this behalf. [(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.] [(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, [if the applicant is a hospital, clinic, para-medical institution, clinical laboratory or other healthcare institutions] 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: 31A[Provided that in cases where the permission of the Department of Revenue, Department of Mining and Geology, Department of Environment or the State Pollution Control Board, as the case may be, is necessary for the construction and functioning of the factory or industrial plant proposed to be established, no licence under Sections 447 and 448 shall be granted except on being satisfied on the report of the respective departments or the Board that the construction or functioning of the proposed factory or industrial plant shall not adversely affect the environment, water resources and natural characteristics of the place.]] (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. [(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.] (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). Substituted by Act 2 of 2015 (w.e.f. 13/11/2014) Inserted by Act 14 of 2018 (w.e.f. 20/10/2017). Substituted by Act 14 of 2018 (w.e.f. 20/10/2017). Sub-section (4) substituted by Act 14 of 1999, w.e.f. 24-3-1999. Prior to the substitution it read as under: "(4) Before granting permission under sub-section (3) the Secretary shall- (a) if the factory, workshop, work place or premises which comes within the purview of the Factories Act, 1948 (Central Act 63 of 1948) obtain the approval of the Inspector of Factories appointed under the said Act or of an officer of the Industries Department not below the rank of the Industries Extension Officer having jurisdiction over the municipal area, or if there is more than one such Inspector or Extension Officer, of the Inspector or Extension Officer, as the case may be designated by the Government in this behalf by general or special order as regards the plan of the factory, workshop, work place or premises with reference to- (i) the adequacy of the provision for ventilation and light; (ii) the sufficiency of the height and dimensions of the rooms and doors; (iii) the suitability of the exits to be used in case of fire; and (iv) such other matters as may be prescribed, and (b) consult and have due regard to the opinion of the Municipal Health Officer where Municipality employs such an officer and the District Medical Officer of Health in other cases, as regard the suitability of the site of the factory, workshop, workplace or premises for the purpose specified in the application in respect of all industries mentioned in the Seventh Schedule and also in respect of other industries if the connected load exceeds 25 HP; Provided that no such consultation is necessary for any industrial unit except those specified in the said schedule in Industrial Development Area, Development Plot, Industrial Growth Centre, Industrial Estates and Mini Estate set up by Industries Department and Small Industries Development Corporation: Provided further that no consultation is necessary in respect of industries specified in the said Schedule where a declaration stating that no effluent is involved is given by the Industrial Unit and the General Manager of the concerned District Industrial Centre duly recommended. (c) consult and have due regard to the opinion of the Fire Force Department in respect of all Industries specified in the Eighth Schedule and also in respect of other Industries if the connected load exceeds 25HP." Substituted by Act 2 of 2015 (w.e.f. 13/11/2014)