Section 12 in Kerala Panchayat Raj (Issue of Licence to Factories, Trades, Entrepreneurship activities and other services) Rules, 1996
12. Application to be made for constructing or establishing factory, workshop or workplace wherein steam power or other power is to be used.
(1)Every person intending,-(a)to construct or establish any factory, workshop or workplace wherein it is proposed to use steam power, water power or other mechanical power or electricity; or(b)to install, on any land a machinery or a manufacturing plant operated by steam power, water power or other power as aforesaid, not being machinery or manufacturing plant exempted under Rule 16, shall submit an application in writing before the [Secretary] [Substituted 'Village Panchayat' by Notification No. S.R.O. No. 674/2017, dated 31.10.2017.] for permission to undertake such work before so constructing or establishing.(2)The application shall specify the maximum number of workers proposed to be employed on a day in the factory, workshop, workplace or on the land and shall be accompanied by,-(i)the plan of the factory, workshop, workplace or the land prepared in such manner as directed by the officer authorised by Government; and(ii)the details in respect of power, machinery, plant or land that the Village Panchayat may call for in this behalf.(3)[ The village panchayat shall, as soon as may be after receipt of application and within 30 days in all cases,] [Substituted by Notification No. S.R.O. No. 674/2017, dated 31.10.2017.](a)grant the permission applied for either absolutely or subject to such condition as it thinks fit to impose, or(b)[ if it is of the opinion that such construction or establishment is objectionable by reason of high density of population in the neighborhood and is likely to cause nuisance the Secretary shall as soon as may be after the receipt of application obtain an expert opinion of department concerned with regard to the determination of the nuisance or its abatement, at the cost of the owner or person in charge of the factory, workshop, workplace or machinery concerned and such report shall be furnished as soon as possible but not later than fifteen days of reporting of such nuisance and the village panchayat shall issue permission subject to such conditions as may be required for abatement of nuisance, if any, as recommended in the expert opinion of the concerned department; or] [Substituted by Notification No. S.R.O. No. 674/2017, dated 31.10.2017.](c)[ if any order on an application for permission under this Act or rule is not communicated to the applicant within fifteen days from the date of receipt of application by the Secretary the permission shall be deemed to have been issued for the period required in the application subject to the Act, rules and bye laws and all conditions which would have been imposed; or] [Substituted by Notification No. S.R.O. No. 674/2017, dated 31.10.2017.](d)the Secretary shall, in the case of factories, industrial establishments etc. with machinery having capacity of less than 5 horse power and not causing pollution after accepting the fee for licence, without the no objection certificate of another establishments or the special permission of the Village Panchayat, issue licence.(4)Appeal against the decision of the Village Panchayat may be submitted before the Green Channel Counter and the Village Panchayat is liable to implement the decision thereon.(5)Before granting permission under sub-rule (3), the Village Panchayat shall,-(a)if the factory, workshop, workplace or the land comes within the purview of the Factories Act, 1948, obtain the approval of the Inspector of Factories appointed under the said Act, having jurisdiction over the Village Panchayat area 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, workplace 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 the Government:Provided that no approval of the Inspector of Factories is necessary if there is the approval of the Green Channel Counter in respect of the light structure of the room and the utility thereof.(b)consult and take into consideration, the opinion of the Officer authorised in this behalf, as regards the suitability of the site of the factory, workplace or the land for the purpose specified in the application; and(c)in respect of matters that may be specified by the Government by general or special order consult with the Divisional Fire Officer the precautionary measures to be taken against outbreak of fire.(6)A worker may be employed on any day in a factory, workshop, workplace or on land coming under the purview of the Factories Act, 1948 only after obtaining the permission granted under sub-rule (3) authorising such employment or after submitting application before the Village Panchayat for fresh permission authorising such employment. Before granting such permission the Panchayat shall obtain the approval of the Inspector of Factories mentioned in clause (a) of sub-rule (5) in respect of the matters specified therein as regards the plan of the factory, workshop, workplace or the land.(7)The grant of permission under this section,-(a)shall be subject to such restrictions and conditions as may be specified by the Government in respect of replacing machinery, levying fees, the conditions that shall be followed etc and(b)if any rules exist in respect of constructing buildings in the Panchayat areas, it shall not be considered not necessary to follow such rules:Provided that the industrial units, constructed within an industrial estate under the Industries Department or functioning with the recognition of the Industries Department, [or declared by Kerala State Pollution Control Board as Green and white category industries] [Inserted by Notification No. S.R.O. No. 674/2017, dated 31.10.2017.] may be granted permission for construction, considering them as a single unit if the same has the approval of the Industries Department.Similarly, no prior licence shall be necessary for the installation of industrial establishments in the industrial estates, industrial growth centres, industrial development plots, industrial development areas and other sites approved by the Industries Department and such establishments may, after remitting the prescribed fee for licence, construct the building, and may install machineries and start functioning.Explanation. - The word 'worker' in sub-rules (2) and (6) of this rule shall, in relation to any factory, workshop, workplace or land, has the same meaning as in the Factories Act, 1948.
