Amendment status not verified — confirm the current text below against the official source.
[(1)]No person shall, without the permission of the Village Panchayat and except in accordance with the conditions specified in such permission,- (a) construct or establish any factory, workshop or workplace in which it is proposed to employ steam power, water power or other mechanical power or electrical power; or (b) install in any premises any machinery or manufacturing plant driven by any power as aforesaid, not being machinery or manufacturing plant exempted by the [provisions of this Act or the rules made thereunder]. [(2) An application for permission under sub-section (1) shall be submitted to the Village Panchayat addressed to the Secretary 69A[or officer authorized by the Secretary] in such form and with such details as prescribed. 69A[(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.] 69B[(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.] (4) Before granting 69C[x x x x] permission under sub-section (3), the 69D[Secretary], shall obtain and consider. (a) a report of the Inspector of Factories appointed under the Factories Act, 1948 (Central Act 63 of 1948) or of an officer of the Industries Department not below the rank of an Industries Extension Officer having jurisdiction over the area regarding the adequacy of ventilation, light etc. and sufficiency of the height and size of the rooms and doors and the suitability of exists to be used in case of fire in the plan of factories, workshop, workplace or premises if they came within the purview of the Factories Act, 1948 (Central Act 63 of 1948) and such other matters as may be prescribed: (b) a report of the District Medical Officer 69A[in case the applicant is a hospital, clinic, para-medical institution, clinical laboratories or other healthcare institution,] regarding the possibility of nuisance or pollution if the connected load of the machinery proposed to be installed exceeds 25 HP or if the nature of the machinery and installation are such that it may cause nuisance or pollution; and (c) a. report of the Divisional Fire Officer or any other officer authorised by him regarding the adequacy of fire prevention and fire fighting measures planned if the proposed industry involves the use of high tension power or inflammable or explosive materials: Provided that, no report under clause (b) shall be called for in respect of any industry if the applicant produces a declaration recommended by an officer of the Industries Department authorised in this behalf or by the Kerala State Pollution Control Board to the effect that such industry would not cause pollution. (5) The grant of permission under this section,-- (a) Shall be subject to the conditions to be observed in respect of the replacement of machinery the levy of fees and to such restrictions and conditions as may be prescribed; (b) Shall not be deemed as exempted from observing the provisions contained in section 235 (F) and 235 (H) or 235 (P) and 235 (Q)] 69A[(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 laws 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 cancellation the Secretary may impose a penalty on the applicant for an amount not exceeding rupees five lakhs.] Original Section 233 renumbered as sub-section (1) of that section by ibid. Substituted for the words "rules" by Act 13 of 1999, w.e.f. 24/03/1999. Sub-sections (2) (3) (4) & (5) added by Act 13 of 1999, w.e.f. 24/03/1999. Inserted by Act 14 of 2018 (w.e.f. 20/10/2017). Substituted by Act 14 of 2018 (w.e.f. 20/10/2017). Omitted by Act 14 of 2018 (w.e.f. 20/10/2017). Prior to the amendment it read as "or refusing". Substituted by Act 14 of 2018 (w.e.f. 20/10/2017). Prior to the amendment it read as "Village Panchayat".