State Act

The Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965.

278. Factory, etc., not to be established without licence.— (1) No person shall, without a licence granted in accordance with the by-law made in this behalf, establish or materially alter, enlarge or extend or permit the establishment, material alteration, enlargement or extension of any factory, workshop or place of business in which it is intended to employ steam, electricity, water or other mechanical power: 3[Provided that, no such licence under this sub-section shall be required, if such factory, workshop or place of business is situated in the area notified by the Maharashtra Industrial Development Corporation, within the jurisdiction of the Council.] (2) The Council may after giving the applicant a reasonable opportunity of being heard and recording the reasons refused to grant a licence if it is of the opinion that the establishment, alteration, enlargement or extension of such factory, workshop or place of business would be objectionable by reason of the density of the population in the neighbourhood thereof, or would be a nuisance or danger to the inhabitants of the neighbourhood. (3) Whoever establishes, alters, enlarges or extends or permits the establishment, material alteration, enlargement or extension of any such factory, workshop or place of business without a licence or in contravention of any conditions subject to which the licence may have been granted shall, on conviction, be punished with fine which may extend to 4[ten thousand rupees, and in the case of continuing offence with further fine which may extend to one thousand rupees for every day after the first during which such contravention continues.] Explanation.— Nothing in this section or section 280 shall be deemed to affect any provision of the Indian Boilers Act, 1923 (V of 1923), or authorise any order relating to the fixing or fencing of any engine, mill-gearing, hoist or other machinery in any factory to which the provisions of the Factories Act, 1948 (LXIII of 1948), are applicable.