Section 250 in Tamil Nadu District Municipalities Act, 1920
250. 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] [These words were inserted by section 17(i) of the Madras District Municipalities (Third Amendment) Act, 1942 (Madras Act XXXVIII of 1942), re-enacted permanently with specified modification by section 3 of and the Schedule to the Tamil Nadu Re-enacting (No. III) Act, 1948 (Tamil Nadu Act IX of 1948).] shall, before beginning such construction, establishment or installation, make an application in writing to the municipal council for permission to undertake the intended work.(2)[ The application [shall specify the maximum number of workers proposed to be [xxx] [This sub-section was substituted for the original sub-section by section 106(ii) of the Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930).] employed [on any day] [These words were substituted for the words 'at any time' by the Schedule to the Tamil Nadu Re-enacting (No. III) Act, 1948 (Tamil Nadu Act IX of 1948).] in the factory, workshop, work-place 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 by rules made in this behalf by the [State Government] [The words 'Provincial Government' were substituted for the words 'Local Government' by the Adaptation Order of 1937 and the word 'State' was substituted for 'Provincial' by the Adaptation Order of 1950.], and(ii)such particulars as to the power, machinery, plant or premises as the municipal council may require by by-laws made in this behalf.](3)The municipal council 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 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)[ Before granting permission under sub-section (3), the municipal council-(a)shall [if more than nine workers are proposed to be [xxx] employed [on any day] [These words were substituted for the words 'at any time' by the Schedule to the Tamil Nadu Re-enacting (No. III) Act, 1948 (Tamil Nadu Act IX of 1948).] in the factory, workshop, work-place or premises] obtain the approval of the Inspector of Factories appointed under the [Indian Factories Act, 1911 (Central Act XII of 1911)] [See now the Factories Act, 1948 (Central Act LXIII 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 [State Government] [The words 'Provincial Government' were substituted for the words 'Local Government' by the Adaptation Order of 1937 and the word 'State' was substituted for 'Provincial' by the Adaptation Order of 1950.] 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 exits to be used in case of fire; and(iv)such other matters as may be prescribed by rules made by the [State Government] [The words 'Provincial Government' were substituted for the words 'Local Government' by the Adaptation Order of 1937 and the word 'State' was substituted for 'Provincial' by the Adaptation Order of 1950.]; and(b)shall consult and have due regard to the opinion of the municipal health officer where the municipal council employs such an officer and of the [District Health Officer] [These words were substituted for the words 'District Medical Officer' by section 17(iv) of the Madras District Municipalities (Third Amendment) Act, 1942 (Madras Act XXXVIII of 1942), re-enacted permanently with specified modification by section 3 of and the Schedule to the Tamil Nadu re-enacting (No. III) Act, 1948 (Tamil Nadu Act IX of 1948).] in other cases, as regards the suitability of the site of the factory, workshop, work-place or premises for the purpose specified in the application].(5)[ More than nine workers shall not 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 municipal council. Before granting such fresh permission, the council shall obtain the approval of the Inspector of Factories referred to in clause (a) of subsection (4) as regards the plan of the factory, workshop, 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 197 and 199 or sections 208 and 209, as the case may be.Explanation. - The word "worker" in sub-sections (2), (4) and (5) shall, in relation to any factory, work-shop, work-place or premises, have the same meaning in the [Factories Act, 1934 (Central Act XXV of 1934)] [Sub-section (5) and (6) and the Explanation were substituted for original sub-section (5) by section 17(v) the Madras District Municipalities (Third Amendment) Act, 1942 (Madras Act XXXVIII of 1942), re-enacted permanently with specified modification by section 3 of and the Schedule to the Tamil Nadu Re-enacting (No. III) Act, 1948 (Tamil Nadu Act IX of 1948).].] [This sub-section was substituted for the original sub-section by section 106(ii) of the Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930)](7)[ Save as otherwise specially provided in this Act, if orders on an application for permission under sub-section (1) are not received by the applicant within sixty days after the receipt of the application by the executive authority, permission shall be deemed to have been granted subject to the law, rules, bylaws, regulations and all conditions ordinarily imposed.] [These sub-section were added by section 3(i) of the Tamil Nadu Local Authorities' Laws (Amendment) Act, 1974 (Tamil Nadu Act 39 of 1974).](8)Nothing contained in clause (a) of sub-section (4) and sub-section (5) shall apply if the approval to the factory, work-shop, work-place or premises referred to therein, has already been obtained under the provisions of any law relating to factories for the time being in force.
