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State of Odisha - Section

Section 55 in The Orissa Grama Panchayats Act, 1964

55. Industries and factories including dangerous and offensive trades.

(1)With the previous sanction of the Collector and notwithstanding anything contained in any other law for the time being in force, a Grama Panchayat may notify that no place within the local area of the Grama Sasan shall be used in the course of any trade, business or calling without a licence granted by it and except in accordance with the condition specified in such licence, for any one or more of the following purposes, namely :
(a)washing soiled clothes and keeping soiled clothes for the purpose of washing them and washed clothes;
(b)boiling camphor;
(c)preparing chua;
(d)melting tallow or sulphur;
(e)dissolving silver and gold with nitric acid;
(f)storing, boiling or otherwise dealing with manure, offal, bones, hides, fish, skins, horns or rags;
(g)tanning hides and skins, skinning or disembowelling of animals;
(h)washing or drying wool or hair;
(i)preparing fish-oil, hydrogenated oils, ghee, butter and such other fat preparations;
(j)making soap, dyeing, boiling or pressing oil;
(k)manufacturing or distilling sago or keuda water, manufacturing artificial manure, manufacturing or refining sugar, manufacturing sugarcandy or jaggery, tanning or manufacture of leather or leather goods, manufacturing lac, manufacturing beedis;
(l)manufacturing gunpowder or fire-works;
(m)burning bricks, tiles, pottery or lime;
(n)keeping a public halting place, Dharmasala, Sarai, choultry or other rest house, keeping hotel, restaurant, eating-house, coffee house, tea stall, boarding house, or lodging house (other than a student's hostel under public or recognised control);
(o)keeping a shaving or hair dressing saloon;
(p)keeping together twenty or more sheep or goats or pigs or herds of cattle;
(q)preparing flour or articles made of flour for human consumption or sweetmeats;
(r)manufacturing ice or aerated water;
(s)selling timber or storing it for sale, storing or selling coal, storing hay, straw wood, thatching grass, jute, coke, coal or charcoal or other dangerously inflammable materials;
(t)selling grain, groundnut, chillies or jaggery in wholesale or storing any of the said articles for wholesale trade;
(u)storing any explosive or combustible material or storing kerosene, petroleum, naptha or any inflammable oil or spirits;
(v)manufacturing anything from which offensive or unwholesome smell arises or which has been declared by the State Government by notification, to be dangerous or offensive;
(w)using for any industrial purpose any fuel or machinery; and
(x)in general, doing in the course of any industrial process anything which is likely to be offensive or dangerous to human life or health or property :
Provided that no notification under this sub-section shall take effect till sixty days from the date of publication thereof.
(2)The owner or occupier of every such place shall within thirty days of the publication of such notification apply to the Grama Panchayat for a licence for the use of such place for such purposes.
(3)[(a) The Grama Panchayat may, by order, and under such restrictions and regulations as it thinks fit grant or refuse to grant such licence within sixty days from the date of receipt of the application.
(b)In case the Grama Panchayat decides to refuse to grant the licence, it shall communicate it's decision to the Collector of the district who on receipt of the information from the Grama Panchayat and after conducting such inquiry as he deems fit shall forward the same along with his considered views to Government for a decision.]
(4)Every such licence shall expire at the end of the year unless for special reasons the Grama Panchayat specifies therein an earlier date, for its expiry.
(5)Application for renewal of such licences shall be made not less than thirty days before the end of every year and applications for licence for places to be newly opened shall be made not less than thirty days before they are proposed to be opened.
(6)
(a)The power of the Grama Panchayat to grant a licence for the purpose of manufacturing gun-powder or fireworks or storing any explosive or combustible materials specified in Clauses (1) and (u) of Sub-section (1) shall be subject to the provisions of the Indian Explosives Act, 1884 (4 of 1884) and the rules framed thereunder and no such licence shall be granted unless the said provisions have been complied with by the applicant for the licence.
(b)The power of the Grama Panchayat to grant a licence for the purpose of storing kerosene, petroleum, naptha or any other inflammable oil or spirit specified in Clause (u) of Sub-section (1) shall be subject to the provisions of the Petroleum Act, 1934 (30 of 1934) and the rules framed thereunder and no such licence shall be granted unless the said provisions have been complied with by the applicant for the licence.