Permission for the construction of factories and the installation of machinery

• (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 plan exempted by the (provisions of this Act or the rules made there under). 181[(2) An application for permission under sub-section (1) shall be submitted to the village panchayat addressed to the Secretary in such form and with such details as prescribed. (3) The secretary 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 the 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, at any rate within sixty days, - (a)grant the permission either absolutely or subject to such conditions as it thinks fit to impose; or (b)refuse the permission for the reasons to be recorded. (4)Before granting or refusing permission under sub-section (3), the village panchayat, shall obtain and consider. (5)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 ; (6)a report of the District Medical Officer regarding the possibility of nuisance or pollution of the connected load of the machinery proposed to be installed exceeds 179 180 Omitted by Act 13 of 1999. Substituted by Act 13 of 1999. Added by Act 13 of 1999. 25 HP or if the nature of the machinery and installation are such that it may cause nuisance or pollution; and (a)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. (7)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).] [233A. Abatement of nuisance caused by factory, workshop etc. — (1)Where any factory, workshop, workplace or machinery causes, in the opinion of the village panchayat nuisance by reason of a particular kind of fuel being employed or by reason or the noise or vibration created, or effluent discharged or by reason of noxious odour, smoke or dust omitted, the secretary may direct the person in charge of such factory, workshop, workplace or machinery for the abatement of such nuisance within a reasonable time to be specified for that purpose. (2)The village panchayat may, if required, obtain expert opinion 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 or machinery concerned. (3)Where there has been wilful default in carrying out a direction given under subsection (1) or where in the existing circumstances the abatement of nuisance is found impracticable, the secretary may prohibit the working of the factory workshop, workplace or machinery till such time the person concerned takes necessary steps to the satisfaction of the secretary for the abatement of the nuisance.