The Gujarat Smoke-Nuisances Act, 1963

Short title, extent and commencement.-

1. (1) This Act may be called the Gujarat Smoke-Nuisances Act, 1963.
2. (2) It extends to the whole of the State of Gujarat.
3. (3) It shall come into force in such areas, and on such date, as the State Government may, by notification in the Official Gazette, specify; and different dates may be specified for different areas.

Definitions.- In this Act, unless the context otherwise requires,—

1. (a) "furnace" means any furnace or fire-place used—
   • (i) for working engines by steam, or
   • (ii) for any manufacturing or trade process whatsoever;
2. (b) "flue or chimney" means any flue or chimney into which the smoke from any furnace or fire-place is emitted;
3. (c) "occupier" means the person for the time being in actual possession of the premises in or upon which a furnace is situated, and includes the agent or manager in charge of such premises;
4. (d) "owner" means—
   • (i) when used with reference to a furnace or premises, the person who receives the rent of the said furnace or premises, or who would be entitled to receive the rent thereof if the same were let, and includes—
5. (a) a receiver or manager appointed by or under the order of any court, and
6. (b) a mortgagee in possession;
   • (ii) when used with reference to any engine, the person for the time being in charge of the engine;
7. (e) "smoke" includes soot, ash, grit, particles of any other substance and any other visible vapour likely to cause nuisance.

Power to prohibit the erection or use of furnaces etc. If the State Government is satisfied that the erection or use of any furnace, flue or chimney in any specified area will be productive of smoke as a nuisance, the State Government may, by notification in the Official Gazette—

1. (a) prohibit the erection or use of any furnace, flue or chimney in such area;
2. (b) define the limits of any such area.

Power to inspect etc. Any person duly authorised by the State Government in this behalf may, at any time—

1. (a) enter and inspect any building or place in which any furnace, flue or chimney is used or is proposed to be used;
2. (b) have access to any furnace, flue or chimney;
3. (c) give such directions as he thinks fit to the occupier of any building or place for the proper use of any furnace, flue or chimney so as to prevent or reduce the emission of smoke.

Penalty.

1. (1) Whoever—
   • (a) contravenes the provisions of section 3, or
   • (b) fails to comply with any order made under section 4, or
   • (c) contravenes any rule made under section 6, shall, on conviction, be punished with fine which may extend to five hundred rupees, and in the case of a continuing contravention or failure, with an additional fine which may extend to twenty rupees for every day after the first, during which such contravention or failure continues.
2. (2) No person shall be liable to be prosecuted for any offence under this Act, except when a complaint is made by or with the previous sanction of the Chief Inspector of Smoke-Nuisances.

Power of State Government to make rules.

1. (1) The State Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.
2. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—
   • (a) the standards of emission of smoke from furnaces, flues or chimneys;
   • (b) the manner in which furnaces, flues or chimneys shall be inspected;
   • (c) the procedure for the hearing of cases under this Act and for the recovery of fines;
   • (d) any other matter which is to be or may be prescribed.
3. (3) The rules made under this section shall be subject to the condition of previous publication in the Official Gazette.
4. (4) All rules made under this section shall be laid for not less than thirty days before the State Legislature as soon as possible after they are made and shall be subject to such modifications as the State Legislature may make during the session in which they are so laid or the session immediately following.

Cognizance of offences.

1. (1) No court shall take cognizance of any offence punishable under this Act, except upon complaint made by, or with the previous sanction in writing of, the Inspector.
2. (2) No court inferior to that of a magistrate of the first class shall try any offence punishable under this Act.

Protection of action taken in good faith. No suit, prosecution or other legal proceeding shall lie against the State Government or any authority or officer for anything which is in good faith done or intended to be done in pursuance of this Act or of any rule or order made thereunder.