Section 264 in Andhra Pradesh Municipalities Act, 1965
264. 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 work-place in which it is proposed to employ steam power, water-power or other mechanical power or Electrical power; or(b)to install in any premises any machinery or manufacturing plant driven by steam, water 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 council for permission to undertake the intended work.(2)The application shall specify the maximum number of workers proposed to be employed on any day in the factory, workshop, work-place or premises and shall be accompanied by--(i)a plan of the factory, work-shop, work-place or premises prepared in such manner as may be prescribed by rules made in this behalf by the Government; and(ii)such particulars as to the power, machinery, plant or premises as the council may require by bye-laws made in this behalf.(3)The council shall, within sixty days after obtaining approval under sub-section (4)--(a)grant the permission applied for, either absolutely or subject to such conditions as it thinks fit to impose; or(b)refuse permission, if it is of opinion that such construction, establishment or installation is objectionable by reason of the density of the population in the neighbourhood or that it is likely to cause a nuisance.(4)(a)Before granting permission under sub-section (3) the council shall obtain the approval of the Inspector of Factories appointed under the Factories Act, 1948 (Central Act 63 of 1948), having jurisdiction in the area of the municipality, 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 provision for ventilation and light;(ii)the sufficiency of the height and dimensions of the rooms and doors;(iii)the suitability of the exists to be used in case of fire; and(iv)such other matters as may be prescribed by rules made by the Government.(b)Before granting permission under sub-section (3), the council shall consult and have due regard to the opinion of the Municipal Health Officer or where there is no such officer, of the District Medical and Health Officer, as regards the suitability of the site of the factory, work-shop, work-place or premises for the purpose specified in the application.(5)No worker shall be employed on any day in any factory, workshop, work-place, or premises, unless the permission granted in respect thereof under sub-section (3) authorises such employment, or unless fresh permission authorising such employment has been obtained from the council. Before granting such fresh permission, the council shall obtain the approval of the Inspector of Factories referred to in sub-section (4) as regards the plan of the factory, work-shop, work-place, or premises, with reference to the matters specified in that clause.(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 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 Sections 209 and 211 or Sections 220 and 221, as the case may be.Explanation. - The word 'worker' in sub-sections (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).
