447. Purpose for which places may not be used without licence.
- [(1) No place within a municipal area shall be used, -(a)generally for industries, factories, trades, work places and other services which directly or indirectly adversely affect public interests such as environment, public safety and public health or cause nuisance;(b)and particularly for such matters as may be prescribed, -(i)without payment of licence fee at such rate as may be prescribed by the Government for each purpose or at such rate as the Municipality may fix subject to the said rate by a notification published in such manner as may be prescribed; and(ii)except in accordance with the terms of the licence granted in Such manner as may be prescribed:Provided that the licence shall be deemed to contain conditions to the effect that anything done in accordance with the licence shall not be detrimental to any public interest and in the matter of services, admission and service to the place wherein it is provided shall be available to any member of the public:Provided further that if adequate steps for the protection of environment/ public interest have not been taken as per the conditions of the licence, the use of a land for which licence is required under this section for such matters as may be prescribed, if not otherwise proved, shall be deemed to have been causing nuisance:Provided also that a notification of the Municipality under this section shall come into force on the date of completion of sixty days from the date of its publication.] [Substituted by kerala Act No. 2 of 2015.](2)The owner or occupier of every such place shall within thirty days of the publication of the notification apply to the Secretary for a licence for the use of such place for such purpose.(3)[ The power to grant a licence, after factual verification, on an application requesting sanction for using a place in the municipality area for starting an industry, factory or workplace or for running a trade or service in such manner as may be prescribed or to reject the same in public interest, on reasonable grounds, by an order in writing, shall be vested in the Council and the Secretary shall, after detailed enquiry and collection of information furnish a report to enable the Council to take an appropriate decision in the matter. The decision of the Council shall be intimated to the applicant within thirty days from the date of receipt of.application. In cases where additional information has to be co11ected from the applicant or other authorities, the aforesaid period shall be deemed to have been extended taking into account the delay for the same. Information regarding such unavoidable delay shall be intimated to the applicant by the Secretary in time.] [Substituted by kerala Act No. 2 of 2015.](3A)[ All applications for licences for trades and services except those to be considered by the Council under sub-section (3) and those to be considered by the Council among the licences for running trade or for providing services in such manner as may be prescribed, sha11 be disposed of by the Secretary by an order in writing granting the licence or rejecting the same in public interest and on reasonable grounds, within thirty days from the date of receipt of the same. In cases where additional information has to be collected from the applicant or other authorities, before granting or rejecting the licence, the period for granting the licence shall be deemed to have been extended for a period equivalent to the period required for the same and information regarding such unavoidable delay shall be intimated to the applicant by the Secretary.] [Substituted by kerala Act No. 2 of 2015.](4)[ The periods of licence granted under sub-section (3) and (3A) or a licence deemed to have been granted under subsection (6) shall, unless a date is specified therein, expire on completion of three years from the date of its issue.(5)Every application for any licence or permission or for its renewal under this Act or the rules or bye-laws made thereunder, shall be made not less than thirty days and not more than ninety days before the earliest day on which such licence or permission is required or the licence expires.] [Substituted by Fifth Amendment Act 35 of 2005,w.e.f 24-08-2005.][****] [Omitted '(7) to (10) and Explanation' by Kerala Act No. 19 of 2017, dated 16.9.2017.]
