Section 288 in Chennai City Municipal Corporation Act, 1919
288. 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 electric power, or(b)to instal in any [place] [Substituted for the words 'premises' by section 76 of the Madras City Municipal (Amendment) Act, 1961 (Tamil Nadu Act 56 of 1961).] any machinery or manufacturing plant driven by steam, water, electric or other power [as aforesaid, not being machinery or manufacturing plant exempted by rules, [Substituted for the word 'as aforesaid shall before beginning such construction' by section 3(i) of the Madras City Municipal (Amendment) Act, 1942 (Tamil Nadu Act XV of 1942) re-enacted permanently by section 2 of, and the First Schedule to, the Tamil Nadu Re-enacting and Repealing (No. 1) Act, 1948 (Tamil Nadu Act VII of 1948).]shall before beginning such construction], establishment or installation, make an application in writing to the commissioner for permissions to undertake the intended work.(2)The application shall specify the maximum number of workers proposed to be simultaneously employed at any time in the factory, workshop, work-place or premises and shall be accompanied by-(a)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(b)such particulars as to the power, machinery, plant or premises as the council may require by by-laws made in this behalf.(3)The commissioner 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 he thinks fit to impose, or(b)refuse permission if he is of opinion that such construction, establishment or installation is objectionable by reason of the density of the population in the neighbourhood or is likely to cause a nuisance.(4)Before granting permission under sub-section (3), the commissioner-(a)shall, if more than nine workers are proposed to be simultaneously employed at any time in the factory, workshop, work-place or premises, obtain the approval of the Inspector of factories appointed under the [Factories Act, 1934,] [See now the Factories Act, 1948 (Central Act LXIII of 1948).] having jurisdiction in the city 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 the 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 health officer as regards the suitability of the site of the factory, workshop, work-place or premises for the purpose specified in the application.(5)All chimneys in connection with any such factory, workshop or workplace or any such machinery or manufacturing plant shall be of such height and dimensions as the commissioner may determine.(6)More than nine workers shall not be simultaneously employed at any time in any factory, workshop, work-place or premises, unless the permission granted in respect thereof under sub-section (3) authorizes such employment or unless fresh permission authorising such employment has been obtained from the commissioner. Before granting such fresh permission, the commissioner shall obtain the approval of the inspector of factories, referred to in clause (a) of sub-section (4), as regards the plan of the factory, workshop, work-place or premises with reference to the matters specified in that clause.(7)[ The grant of permission under this section-] [Substituted by section 3(ii) of the Madras City Municipal (Amendment) Act, 1942 (Tamil Nadu Act XV of 1942), re-enacted permanently by section 2 of, and the First Schedule to, the Tamil Nadu Re-enacting and Repealing (No. 1) Act. 1948 (Tamil Nadu Act VII of 1948).](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 234 and 236 or sections 248 and 249, as the case may be.(8)[ 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 commissioner, permission shall be deemed to have been granted subject to the law, rules, bylaws, regulations and all conditions ordinarily imposed.] [Added by Tamil Nadu Act 39 of 1974.](9)[ Nothing contained in clause (a) of sub-section (4) and sub-section (6) shall apply if the approval to the factory, workshop, 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.] [Added by Tamil Nadu Act 39 of 1974.]
