Panchayat:Repo18/Law Manual Page0322
Sec233C Provided that the owner of any industrial unit specified under item (h) and (i) shall register the unit with the Village Panchayat concerned on remission of the fee prescribed.
233C. Consultation with the Panchayat for opening Government industrial estate, industrial development area etc.- (1) The Village Panchayat shall be consulted before opening an industrial estate, industrial development area, industrial development plot, industrial growth centre, export processing zone or industrial park by the Government or an agency controlled by Government.
- (2) So far as the industrial units specified under item clause (h) of Section 233B are concerned, the provisions of Sections 235F and 235H or Sections 235P and 235Q, as the case may be, shall be complied with.]
- 234. Power of Government to make rules in respect of the grant and renewal of licences and permissions.- (1) The Government may make rules,
- (a) prohibiting or regulating the grant or renewal of licences under section 232 and the period for which such licences shall be valid;
- (b) as to the time within which application for such licences or renewals thereof shall be made; and
- (c) prohibiting or regulating the grant of permission under section 233.
- (2) Rules made under clause (c) of sub-section (1) may empower the Village Panchayat to set apart specified places in the Panchayat area for industrial purposes and provide for the refusal of permission under section 233 in respect of any factory, workshop, workplace or premises outside such places and also for the removal to such places of any factory, workshop or workplace which has been already established at any place, or any machinery which has already been installed in any premises situated outside the specified places:
- Provided that no such rule shall authorise the removal of any factory, workshop or workplace or machinery installed in any premises in the occupation or under the control of the Central or State Government or of a Market Committee established under the Madras Commercial Crops Markets Act, 1933 or any other law.
- Panchayath Raj (Licensing of Dangerous & Offensive Trades & Factories) Rules, 1996, R.3(b) - The power under S.234 includes the power to make provisions for an appellate forum relating to the granting of licences - Green Channel Committee is an appellate authority constituted under the rules - Application for licence has to be decided on its merits and not on the mere protest of the residents - Panchayath Raj Act, 1994, (Kerala), Ss.234, 232 & 233. – Shanti Joseph v. Poyya Grama Panchayath – 1999 (1) KLT 695.
- S.234 – Panchayat Licensing of Dangerous and Offensive Trades & Factories Rules, 1963 (Kerala), R.12 - Over and above the powers vested in the Pollution Control Board under Pollution Control laws, as well as the powers vested in the District Medical Officer of Health under the T.C. Public