Section 361 in The Coimbatore City Municipal Corporation Act, 1981
361. Application to be made for construction, establishment or installation of factory, workshop or work-place in which steam or other power is to be employed.
(1)Every person intending-(a)to construct or establish any factory, workshop or workplace in which it is proposed to employ steam-power, water-power, or. other mechanical power or electric power; or(b)to construct any building hut or structure which is intended to be used for any of the purposes mentioned in Schedule IV; or(c)to install in any place, any machinery or manufacturing plant driven by steam, water, electric or other power as aforesaid, not being machinery or manufacturing plant exempted by rules,shall before beginning such construction, establishment or installation make an application in writing to the Commissioner for permission to undertake the intended work.(2)The application in respect of matters specified in clauses (a) and (c) of sub-section (1) shall specify the maximum number of workers proposed to be simultaneously employed at any time in the factory, workshop, work-place or premises and shall be accompanied by-(a)a plan of the factory, workshop, work-place or premises prepared in such manner as may be prescribed by rules made in this behalf by the Government; and(b)such particulars as to the power, machinery, plant or premises as the council may require by by-laws made in this behalf.(3)The application in respect of matters specified in clause (b) of sub-section (1) shall contain such particulars as the council may require by by-laws made in this behalf.(4)The Commissioner, with the previous sanction of the standing committee, shall, as soon as may be, after the receipt of the application-(a)grant the permission applied for either absolutely or subject to such conditions as he thinks fit to impose; or(b)refuse permission if he is of opinion that such construction, establishment or installation is objectionable by reason of the density of the population in the neighbourhood or is likely to cause a nuisance.(5)Before granting permission under sub-section (4), the Commissioner-(a)shall, if more than nine workers are proposed to be simultaneously employed at any time in the factory, workshop, work-place or premises, obtain the approval of the Inspector of Factories appointed under the Factories Act, 1948 (Central Act LXIII of 1948) having jurisdiction in the City or if there is more than one such Inspector, of the Inspector 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 provisions 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 the case of fire; and(iv)such other matters as may be prescribed by rules made by the Government; and(b)shall consult and have due regard to the opinion of the health officer as regards the suitability of the site of the factory, workshop, work-place or premises or building or hut or structure for the purpose specified in the application.(6)All chimneys in connection with any such factory, workshop or workplace or any such machinery or manufacturing plant shall be of such height and dimensions as the Commissioner may determine.(7)More than nine workers shall not be simultaneously employed at any time in any factory, workshop, work-place or premises, unless the permission granted in respect thereof under sub-section (4) authorises such employment or unless fresh permission authorising such employment has been obtained from the Commissioner. Before granting such fresh permission, the Commissioner shall obtain the approval of the Inspector of Factories, referred to in clause (a) of sub-section (5), as regards the plan of the factory, workshop, work-place, or premises with reference to the matters specified in that clause.(8)The grant of permission under this section-(a)shall, in regard to the replacement of machine, the levy of fees, the conditions to be observed, and the like, 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 272 and 274 or sections 288 and 289, as the case may be.(9)The standing committee shall, before giving sanction to the Commissioner for the granting or refusing to grant permission under sub-section (4), give due regard to the provisions of this section.
