Bare ActsKerala Municipality Act, 1994

Section 449

[Abatement of nuisance from factory, workshop etc.

Amendment status not verified — confirm the current text below against the official source.

(1) Where any factory, workshops, workplace or machinery causes nuisance, which in the opinion of the 32A[Secretary], 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. 32B[(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.] (3) If there is a wilful default in the implementation of such direction or in the existing circumstances the abatement of nuisance is found impracticable, the Secretary may prohibit the working of the factory or workshop or workplace or machinery until necessary steps are being taken satisfactorily by the person concerned for the abatement of nuisance.] Section 449 substituted by Act 14 of 1999, w.e.f. 24-3-1999. Prior to the substitution it read as under: "449. Secretary may issue direction for abatement of nuisance caused by steam or other power.- (1) Where any factory, workshop or workplace in which steam power, water power or other mechanical power or electrical power is used, causes, in the opinion of the Secretary, nuisance by reason of a particular kind of fuel being employed or by reason of the noise or vibration created, the Secretary may issue such directions as he thinks fit to the person in charge of such factory, workshop or workplace for the abatement of the nuisance within a reasonable time to be specified for the purpose. (2) Where there has been willful default in carrying out such direction or where abatement is found impracticable, the Secretary may- (a) prohibit the use of the particular kind of fuel employed, or (b) restrict the noise or vibration by prohibiting the working of the factory, workshop or workplace between 9.30 p.m and 5.30.am". Substituted by Act 14 of 2018 (w.e.f. 20/10/2017). Prior to the amendment it read as "Council" Substituted by Act 14 of 2018 (w.e.f. 20/10/2017).

Section 449 – Kerala Municipality Act, 1994 | DailyLaw.ai