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State of Kerala - Section

Section 3 in Kerala Factories Rules, 1957

3. [ Approval of site, construction or extension of a factory. [Rule 3 to 12A substituted by SRO No. 1149/2001 dated 28-12-2001.]

(1)No site shall be used for the location of a factory nor shall any building be constructed, reconstructed or extended for use as a factory, nor shall any manufacturing process be carried on in any building, constructed, reconstructed or extended unless the previous permission in writing is obtained from the State Government or the Chief Inspector or the Deputy Chief Inspector. The previous permission of the Chief Inspector or the Deputy Chief Inspector shall also be obtained for the installation of additional machinery or for the installation of prime movers exceeding the power already installed in the factory.
(2)Application for such permission shall be made in the prescribed Form No. 1 or in the composite application form to be submitted to the Green Channel Counter of the Kerala State Industries Development Corporation or District Industries Centres or other notified agencies as the case may be, who will forward a copy of the same to the Department concerned and shall contain the details such as the Name and address of the applicant, full particulars of the factory such as name, postal address, survey No. Village, Taluk, District, nearest Police Station, Railway Station and also the total power of plant and machinery in kW. The application shall be accompanied by the following documents:
(a)A flow chart of the manufacturing process supplemented with a brief description of the process in its various stages.
(b)Plans in triplicate drawn to scale showing :
(i)the site of the factory and immediate surroundings including adjacent buildings and other structures, roads, drains, etc.
(ii)the plan, elevation and necessary cross-sections of the various buildings, indicating all relevant details relating to natural lighting, ventilation and means of escape in case of fire.
(iii)The plans of layout machinery clearly indicating the position of the plant and machinery, aisles and passageways. These shall be a minimum clearance of 50cm. between machines and fixed structures.
The plans and layout of factory buildings sent to the Department for approval under these rules shall be prepared by a person not below the rank of a draughtsman recognized by the Chief Inspector or the Deputy Chief Inspector/ State Government in this regard.
(c)In the case of hazardous and polluting industries, a certificate of approval of location of the factory obtained from the Chief Town planner to Government and a no objection certificate from the Kerala State Pollution Control Board.
(d)A Chalan receipt evidencing payment or scrutiny Fee as prescribed in Appendix II.
(e)Such other particulars as the Chief Inspector or the Deputy Chief Inspector may require.
(3)Site suitability. -The siting of the factory shall satisfy the following requirement of minimum distance from, -
(i) Educational Institution 25 metres
(ii) Hospitals 30 metres
(iii) Religious-cum-worship building 25 metres
(iv) Tank and Canals 10 metres
and set back of three meters of open space of front , sides and rear. For sites abutting National Highways and State Highways the minimum set back of the building shall be 7 meters on front.Provided that the Chief Inspector or the Deputy Chief Inspector may subject to such conditions as may be prescribed, relax these requirement in respect of factories which do not create noise, pollution or do not generate solid, liquid or gaseous effluents.
(4)If the Chief Inspector or the Deputy Chief Inspector is satisfied that the plans are in consonance with the requirements of the Act and Rules he shall, subject to such conditions as he may specify, grant the permission sought for under permit and approve the plans by signing and returning to the applicant one copy of each plan, or he may call for such other particulars as he may require to enable such approval. The permission so granted will be valid for one year only unless it is revalidated, for completion of construction. Request for revalidation of permission shall be made to the Chief Inspector or the Deputy Chief Inspector as the case may be along with the fee prescribed in Appendix II.
(5)The plans approved by the Chief Inspector or the Deputy Chief Inspector under this rule shall be readily available in the factory for inspection by the Inspectors and Additional Inspectors.
(6)The Chief Inspector or the Deputy Chief Inspector may refuse to grant permission if the requirements of the Act and Rules are not satisfied and in such cases the reasons for refusing the permission shall be recorded and communicated to the Applicant.
(7)
(a)No manufacturing process shall be carried on in any building of a factory constructed, reconstructed or extended or taken into use as a factory or part of a factory until a Certificate of Stability in Form No. 3 in respect of that building has been obtained from a Competent Person.
Provided that the Certificate of Stability as required in this Rule shall be valid only for a maximum period of five years from the date of its issue and a fresh stability certificate shall be obtained thereafter.
(b)The certificate of stability referred to in clause (a) shall be readily available in the factory for inspection by the Inspectors and Additional Inspectors.
(8)
(a)A factory or part of a factory constructed, reconstructed, extended or taken into use, shall be in accordance with the plans approved and shall satisfy the conditions subject to which the plans have been approved.
(b)No machinery or prime mover or a permanent fixture not shown in the plans approved shall be installed, fixed or used in any factory except in replacement provided its capacity is not different and it is not occupying more floor area than that already shown in the approved plans.