Panchayat:Repo18/Law Manual Page0543

(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 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. NOTES In Byju K.J. v. Mundathikkodu Grama Panchayath and Others the application for quarrying permit was rejected. The court was of the view that before rejecting the application, suitability of the site for the proposed activity has to be considered. Committee of the Panchayat cannot reject the application without following the procedure as laid down in Section 233 of the Act and Rule 12 of the Rules. - 2011 (1) KHC 246. 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, workshop or workplace in which steam power, water power or other mechanical power or electricity is used, the Village Panchayat may issue such directions as it thinks fit for the abatement 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, (a) prohibit the use of the particular kind of fuel; or (b) restrict the noise or vibration by prohibiting the works in the factory, workshop or workplace between 9.30 in the night and 5.30 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. 15. The Secretary may enter any factory, workshop or workplace.- (1) The Secretary or a person authorised in this behalf may, (a) at any time between sun rise and sun set; (b) at any time 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 that any offence is being committed under Rule 12 or Rule 13; enter any factory or workshop or workplace.