Panchayat:Repo18/Law Manual Page0321
85[233A. Abatement of nuisance caused by factory, workshop etc.- (1) Where any factory, workshop, workplace or machinery causes, in the opinion of the Village Panchayat nuisance by reason of a particular kind of fuel being employed or by reason or the noise or vibration created, or effluent discharged or by reason of noxious odour, smoke or dust omitted, the secretary may direct the person in charge of such factory, workshop, workplace or machinery for the abatement of such nuisance within a reasonable time to be specified for that purpose.
- (2) The Village Panchayat may, if required, obtain expert opinion 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.
- (3) Where there has been wilful default in carrying out a direction given under subsection (1) or where in the existing circumstances the abatement of nuisance is found impracticable, the Secretary may prohibit the working of the factory workshop, workplace or machinery till such time the person concerned takes necessary steps to the satisfaction of the Secretary for the abatement of the nuisance.
233B. Exemptions.- Notwithstanding anything contained in Section 233, no permission of Village Panchayat shall be required for the installation of establishment of the following machinery or manufacturing plants or industrial units, as the case may be, namely:-
- (a) Electrical and non-electrical appliances and machinery intended to be used for domestic purposes or personal comfort;
- (b) Electrical and non-electrical installation installed for agricultural purposes;
- (c) Normally unattended static transformer stations, co-denser stations and rectifier stations;
- (d) portable drilling machines and portable engines used for constructions purpose such as concrete mixers;
- (e) Machinery installed at a workshop or workplace attached to an educational institution or for scientific purposes;
- (f) Installations of the Kerala State Electricity Board for generation or transmission of electricity;
- (g) installations of the Kerala Water Authority for supply of drinking water and sewerage
- (h) Industrial units with machinery having capacity of less than 5 H.P., which is certified by the Industries Department of the Government or the Kerala State Pollution Control Board to be non-polluting industry;
- (i) Industrial units, industrial estate, industrial development area, industrial development plot; industrial growth centre, export processing zone, or industrial park declared as such by the Government controlled agency: