291. Application to be made for construction, establishment or installation of factory, work-shop or work-place in which stram or other power is to be employed.
(1)Every person intending -(a)to construct or establish any factory, work-shop or work-place in which it is proposed to employed 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, shall, before beginning such construction, establishment or installation, make and application in writing to the [Municipality] [Substituted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.] for permission to undertake the intended work.(2)The application shall be accompanied by -(i)a plan of the factory, work-shop, work-place or premises prepared in prescribed manner; and(ii)such particulars as to the power, machinery, plant or premises as the [Municipality] [Substituted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.] may required by bye-laws made in this behalf by the [Municipality] [Substituted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.],(3)The [Municipality] [Substituted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.] 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 or the density of the population in the neighbourhood or that it is likely to be injurious to public health or to cause a nuisance.(4)Before granting permission under Sub-section (3), the [Municipality] [Substituted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.] -(a)shall obtain the approval of the Inspector of Factories appointed under the Factories Act LXIII of 1948, having jurisdiction in the local area or if there is more than one such Inspector, or the Inspector designated by the State Government in this behalf by general or special order as regard, the plan of the factory, workshop, work-place or premises reference to-(i)the adequacy of the provisions for ventilation anti light;(ii)the sufficiency of the height and dimensions of the room and doors;(iii)the suitability of the exists to be used in case of fire;(iv)the proper disposal of effluents from such mills and factories; and(v)any other prescribed matter.(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.
