448. [ Licence for the construction of industry, factory or other work place and to use steam power or any other power therein or to install other machineries. [Substituted by kerala Act No. 2 of 2015.]
(1)Any person who intends, -(a)to use a place to construct an industrial plant, factory or other work place or to construct or establish an industrial plant or factory in that place or to use steam power, water power, other mechanical power or electrical power therein; or(b)to install in any premises of the said place other machinery or manufacturing plant run by steam power, water power, other mechanical power or electrical power, not being exempted by this Act or the rules made thereunder, shall apply for a licence of the Municipality under section 447 to use the said place for the said purpose and before constructing an industrial plant or factory or work place or installing machinery or plant, shall submit an application to the Secretary of the Municipality in such form as may be prescribed, for permission to take up and carry out the proposed work.](2)The application under sub-section (1) shall specify the maximum number of workers proposed to be employed on any day in the factory, workshop, workplace or premises and shall be accompanied by -(i)a plan of the factory, workshop, work place or premises prepared in such manner as may be prescribed; and(ii)such particulars as to the power, machinery, plant or premises as may be required by byelaws made in this behalf.(3)[ The Secretary shall, as soon as may be, after the receipt of the application, report to the Council if the establishment of the factory or workshop or workplace or the installation of the machinery or manufacturing plant, for which permission is applied for, is objectionable by reason of causing nuisance or pollution due to the density of population in the neighborhood and the Council shall, after having considered the application and the reports of the Secretary and of such other authorities specified in subsection (4) and as far as possible, any how, within a maximum period of 45 days from the date of receipt of the application,-(a)grant the permission applied for absolutely or subject to such conditions as it deems fit; or (b) refuse the permission for reasons to be recorded;](4)[ The Council shall, before granting or refusing the permission under sub-section (3), obtain and consider,-(a)if the factory or workshop or workplace or premises comes within the purview of the Factories Act, 1948 (Central Act 63 of 1948), a report of the Inspector of the Factories appointed under the Factories Act, 1948 (Central Act 63 of 1948) or an officer of the Industries Department not below the rank of the Industries Extension Officer having jurisdiction over the area, regarding the adequacy of ventilation and light, the sufficiency of the height and dimensions of the rooms and doors, the suitability of the exits to be used in case of fire etc. in the plan of the factory or workshop or workplace or premises and such other matters as may be prescribed;(b)if the connected load of the machinery proposed to be installed exceeds twenty-five horse power or the machinery and other institutions are of the nature that there is possibility to cause nuisance or pollution or the said industry is the one as specified in the seventh schedule, a report of the District Medical Officer of Health, regarding the possibility to cause nuisance or pollution; and.(c)if the connected load of the machinery proposed to be installed exceeds twenty-five horse power or the said industry is the one included in the eighth schedule, a report of the Divisional Fire Officer or any other officer authorised by him, regarding the sufficiency of the planned fire prevention and fire fighting activities:[Provided that in cases where the permission of the Department of Revenue, Department of Mining and Geology, Department of Environment or the t State Pollution Control Board, as the case may be, is necessary for the construction and functioning of the factory or industrial plant proposed to be established, no licence under sections 447 and 448 shall be granted except on being satisfied on the report of the respective departments or the Board that the construction or functioning of the proposed factory or industrial plant shall not adversely affect the environment, water resources and natural characteristics of the place.] [Substituted by Act 14 of 1999, w.e.f. 24-3-1999.]] [Substituted by Act 14 of 1999, w.e.f. 24-3-1999.](5)More than nine workers shall not be employed on any day in any factory, workshop, workplace or premises unless the permission granted in respect thereof under sub-section (3) authorises such employment, or unless fresh permission under the said sub-section authorising such employment has been obtained.(6)The grant of permission under this section -(a)shall, in regard to the replacement of machinery, the levy of fees, the conditions to be observed 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 387 and 389 or sections 398 and 399, as the case may be.Explanation. - The word "worker" in sub-section (2) and (5) shall, in relation to any factory, workshop, workplace or premises have the same meaning as in the Factories Act, 1948 (Central Act 63 of 1948).
