1. Short title 'and commencement.
2. Definitions.—In these rules, unless the context otherwise requires,—
3. Description of dangerous and offensive trades.—
The Government may, for the purposes of section 232, specify in the First Schedule appended to these rules, the matters which, in the opinion of Government, arc likely to be offensive or dangerous to human life, health or properly.
4. Publication of notification regarding dangerous and offensive trades,— The Village Panchayat may,, by affixing notices in the notice board of the Offices of the Panchayat and in conspicuous places of every constituency in the Panchayat and by advertisement' by way of pamphlets and loudspeakers,notify that no place in the Panchayat area shall be used for any purpose or purposes specified, in Schedule I without the licence issued by the President and except in accordance with the conditions specified therein. If the licence is for running restaurants, eating houses, hotels, coffee houses tea shops or for barbershops, the licence issued by the President shall always contain and shall be deemed to contain a condition that admission therein shall be available for every member of the public.
5. Application for licence.- -The owner or occupier of every place used for the purposes specified in Schedule I shall,, within thirty days of the publication of the notification, submit to the Secretary, application for licence for the use of such place for such purpose.
12. Application to be made for constructing or establishing factory, workshop or workplace wherein steam power or other fewer is to be used.-—(1) Every person intending,—
(a) to constructor establish any factory, workshop or workplace where init is proposed to use steam power, water power or other mechanical power or electricity; or
. (b) to install, on any land a machinery or R manufacturing plant operated by steam power, water power or ether power as aforesaid, not being machinery or manufacturing plant exempted under rule 16, shall submit an application in writing before the Village Panchayat 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 laud and shall be accompanied by.—
(i) the plan of the factory, workshop, workplace or the land pre-pared in such manner as directed by (he 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 the receipt of the application, within 45 days in the case of obi Dining no objection certi ficate from other .establishments and within 30 days in other cases,—
. (d) the Secretary shall, in the case of factories, industrial establish-ments 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 out break of fire.
(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, may be granted permission for construct ion, 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 I shall, in relation to any factory,, workshop, workplace or land, has the same meaning as in the Factories Act, 1948.
13. The Village Panchayat may issue direction for abatement of nuisance caused by steam or other power.—(1) Where the (nuisance caused is)* due to noise or vibration created in any factory, \\orkshop or workplace in which steam power, water power or other mechanical power or electricity is used., 3 the Village Panchayat may issue such directions as it thinks fit for the abate- ment of such nuisance within a reasonable time to be specified for the purpose.
(2) Where there has been wilful default in carrying out such directions or where abatement is found impracticable, the Village Panchayat may, after consultation with the department concerned,—
in the morning.
14. Powers of the Government to pass orders or give directions to Panchayats.— The Government may, either generally or, after consulting the Village Panchayat. in any particular case, make such order or give such direction as they deem fit in respect of any action-taken,-or omitted to be taken under sub-rule (3) of rule 12 or rule 13.
* Correction made under Notification G.O.(P) No. 140/97/LAD dated 21st June, 1997 published in the Kerala Gazette Extraordinary No. 838
dated- 27th Juno, 1997.
15. The Secretary may enter any factory, workshop or workplace,—(I) The Secretary 01 a person authorised in this behalf may,
(a) at any time between sunrise and .sunset;
at any lime when any industry is being carried on; and
(c) at any time in the day or in the night, if he has reason to believe Chat any offence is being committed under rule 12 or rule 13:
rater any factory or workshop or workplace.
(2) No claim shall lie against any person for any damage or incon-venierce necessarily caused by the exercise of powers under this rule or by the use of any force necessary for the purpose of effecting an entrance under this rule.
16. Exemption.—The following shall be exempted from the provisions of section 233,—
(3) . Electrical installations including motor used for agricultural purposes;
Secretary may grant permission, free of all charge, for the Installation of non electrical machinery having a capacity of more than two horse power which are purely installed for agricultural purposes.
17. Machinery operated by electricity.—The fee that may be charge for granting permission under section 233 for ins tailing on a land, any machine or manufacturing plant operated by electricity, shall not exceed, the maximum specified in Schedule III appended to these rules:
Provided that the fee that may be charged under this rule shall exceed the fee charged for the installation of any machinery or manufacturing plant with the same horse power, operated by any means other than electricity.
18. Maximum fee for the place where machinery or manufacturing ph operated by electricity is used.—The fee that may be charged for grant! licence or for the renewal of licence for one year under section 232 for t place where any machinery or manufacturing plant operated by electricity is used shall not exceed the maximum .specified in Schedule III append to these rules;
Provided that where any such licence is granted or renewed for a period that is less than one year, the total fee that may be charged for the same place for any year in respect of the same machinery or manufacturing plants shall not exceed the fee that may be charged for granting or renewing licernce for one year:
Provided further that the fee that maybe charged under this rule sit not exceed the fee charged for the installation of any machinery or manufacturing plant having the same horse power operated by means other than that of electricity.
Provided that where any such licence is granted or renewed for a period that is less than one year, the total fee that may be charged for the same place for any year in respect of the same machinery or manufacturing plant shall not exceed the fee that may be charged for granting or renewing licence for one year.
(i) The licencee shall clean the place at the end of every working day;
(ii) The rubbish or animal remains or other substances which fall, or are deposited, on any part of the place or land shall be collected and caused to be removed to the satisfaction of the Secretary;
(iii) The licencee shall always cause to keep all portions of the inner walls of every building, the ground and the foot path of the land maintained. in good condition to prevent the soaking of any liquid, waste, rubbish or any offensive or dangerous substance that may be splashed or may dabble therein;
(iv) The licencee shall always cause to keep, the drainage channel and the device to drain waste water in the aforesaid land or adjoining thereto maintained in good condition;
(v) No person suffering from skin disease of any kind, leprosy or ulcer shall be employed in any land used for trade;
(vi) Every licencee shall place a signboard showing his name, number end purpose of the licence, in a conspicuous part of the place in respect of which licence has been granted.
SCHEDULE I (Set rule 3)
4. Soaking of Areca nuts, storage, preparation of other products, sale
5. Articles made of flour— Baking , preparing , keeping , storing or selling for human consumption (other that for domestic use)
6. Ashes—Storing by any means, packing, cleaning, preparing, manufacturing, dumping, sifting or selling.
7. Bamboos — Storing for sale, hire or manufacture, preparation of products, selling
10. Bone-Storing, packing, cleaning, preparing or selling by means of any process
11. Bread (other than for domestic use)- Baking, Preaparing , keeping, storing for human consumption.
17- Musical instruments—Packing, preparing, storing, manufacturing or selling by means of any process,
28. Coconut husks and cadjan leaves—Soaking, sale. 29. Coconut shell—Storing, making of products, sale.
32. Combustible materials—Storing for wholesale or retail trade
making other products selling.
selling by means of any process.
42. Fish fins—Storing, packing, cleansing, preparing, manufacturing other products or selling by means of any process.
43.; Firewood—Selling or storing.
.
72. Jaggery—Storing, preparing or making other products and selling.
77. Leather—Storing, cleansing, making other products or selling. 73. Lemon grass oil—Manufacturing, storing or selling.
79. Lime—Storing, making other products or selling.
80. Limeshells—Storing, preparing or manufacturing other products
and selling.
.
-
85. Meat—Storing, preparing or selling.
86. Metals (including gold, silver)—Beating, cutting, casting, -moulding or selling.
selling.
122. Turpentine, Kerosene paint, varnish etc.—Storing, preparing; manufacturing or selling.
selling.
133- Private Telephone booths, courier services — Running.
143. Paramedical institutions, laboratories, etc. -Running.
14-1-. Vehicles (mechanical and others)—-Sale.
155. Flowers—Storage, sale. 150. Fruits—Storage, sale.
SCHEDULE II (See rule 7)
Maximum fees which may be fixed towards licence fee
Annual licence fee that may be charged
1 . Average daily turnover upto Rs. 500 Rs. 10.00
2. „ above Rs. .500 and upto
Rs. 1.000 Us. 20.00
3. ,. above Rs. 1 .000 and upto
Rs. 1,500 Rs. 30.0(1
4. “, above Rs. 1,500 and upto
Rs. 2,500 ' Rs. .10.00
5. “ above Rs. 2,500 and upto
Rs. 5,000 Rs. 100.00
6 .. abovt' Rs. 5,000 and upto
Rs. 10,000 Rs. 200.00
7. .. above Rs. 10,000 and upto
Rs. 1 5,000 Rs. 300.00
8. „ above Rs. 15,000and upto
Rs.- 25,000 Rs. 500. 00
9. ,,. above Rs. 25.000 and
Rs. 50,000 Rs. 1.000.00
10. ., above Rs, 50,000 and upto
Rs. 1,00.000 Rs. 2.-000.00
1 1 . „ above Rs. 1,00,000 Rs. 4,000.00
In case where it is difficult to calculate the daily turnover under these rules as it is difficult to calculate the working capital in the unified form and it is likely that institutions may show the same reduced, 5* percent of the fixed assets (machinery only) maybe considered as daily turnover and fees may be charged accordingly.
*Correction made under Notification G- O. (P) No,140/97/LAD dated 2Ist June, 1997 published in the Kerala Gazette Extra-ordinary No. 838 dated 27th June 1997.
SCHEDULE III
(See rules 18 and 19}
Capacity of the machine in Horse power Maximum fee that may
be levied (Rupees)
Rectifier machines necessary for , cinema, without 25
considering Horse power
Other machines of not more than one Horsepower 10
Other machines of more than one Horse power but
not rr ore than five Horse power 5,0
Other machines of more than five Horse power but not more than ten Horse power 100
.
Other machines of more than ten Horse power but not more than twenty Horse power 200
Other machines of more than twenty Horse power
but not more than thirty Horse power 300
Other machines of more than thirty Horse power
but not more than forty Horse power 400
Other machines of more than forty Horse power
but not more than fifty Horse power 500
Other machines of ii §re than fifty Horse power but
not more than hundred Horse power 1000
Those of more than hundred Horse power but up to two hundred Horse power 2000
For every successive Horse power additional ten rupees each
SCHEDULE' IV
Maximum fee that may be levied (]
(See rules 20 and 21) Capacity of the machine in Horse power
Machines for domestic purpose Nil
Other machines of not more than one Horse power 5
Other machines of more than one Horse power 25
but not more than five Horse power
Other machines of more than five Horse power but not more than ten Horse power 50
Other machines of more than ten Horse power
but not more than twenty Horse power 100
.Other machines of more than twenty Horse power 150
but not more than thirty Horse power
Other machines of more than thirty Horse power
but not more than forty Horse power 200
Other machines of more than forty Horse power
but not more than one hundred Horse power 500
*
In case of more than one hundred Horse power, for very successive Horse power, additional five rupees each
SCHEDULE V
[See clauses (a) and (b) of sub-rule (5) of rule 12]
List of Industries which require clearance
I. (a) Manufacture of Battery cells;
(e) Iron and steel for carrying out pickling;
(h) Time pieces and watches involving plating and also manufacture of luminescent dial and other parts.
8. Manufacture of various types of paper including colour paper
9. Pharmaceuticals
10. Internal combustion engines, diesel engines, radiator
I1. Textile printing, dyeing, mercurising, bleaching etc.
In case problems of pollution arise due to the egression of solid, liquid and gaseous effluents as a result of the manufacture of materials under, this category involving the use of water, acids, alkalies, chemicals and the heat treatment, it shall be referred to the Health Department.
SCHEDULE VI
.[See claus (d) of sub-rule (5) of rule 12]
Categories of Industries which -require clearance from the Fire Force Department
I - Explosives
4. Spirituous preparation 5 . Sulphur
6. , Tile Factories
7. Industries using L.P.G.
10. Manufacture of acids.
By order of the Governor,
MATHEW G. KUNNUNKAL, Secretary to Government.
(This does not form part of the Notification, but is= intended to indicate its general purport.)
Sections 232,233, 234 and 254 of the Kerala Panchayat Raj Act, 1994 (13 of 1994) empower the Government to make rules regarding securing of licence from the Village Panchayat for the establishment of dangerous- and offensive trades and factories and in respect -of giving permission for the construction of factories and for the installation of machinery and also in respect of the grant of licences and permissions and the renewal thereof. This Notification is intended to achieve the above object.