section 7
Power to prohibit the erection of kilns or furnaces, or the manufacture of coke, in specified areas; and to inflict penalties
The Bombay Smoke-Nuisances Act, 1912General191217 sections
Statutory text
- (1) [The [State] Government] may, by notification in the [Official Gazette], prohibit [either absolutely or subject to such conditions and within such area as may be specified in the notification,]—
- (a) the erection of brick, tile or lime kilns,
- (b) [the erection or re-erection of, or addition to, or alteration in,] furnaces to be used for the caloining or smelting of ores or minerals, or for the casting, puddling or rolling of iron or other metals or for the conversion of pig-iron into wrought iron, or
- (c) the manufacture of coke in ovens or with special appliances, or
- (d) the making of coke without ovens or special appliances : Provided that where, prior to the issue of such notification, a licence has been granted by the Municipal Commissioner under the provisions of section 394 of the City of Bombay Municipal Act, 1888, for the erection of a furnace to be used for any of the purposes mentioned in clauses
- (a) and (b), such notification shall not affect [such furnace so long as it is not re-erected, or any alteration or addition is not made thereto.]
- (2) [If any furnace be erected, re-erected, altered or added to or any kiln be erected] in contravention of any notification issued under sub-section (1), clause
- (a) or (b), the owner thereof shall be liable to fine which may extend to two hundred and fifty rupees.
- (3) If any person manufactures coke in contravention of any notification issued under sub-section (1), clause
- (c) he shall be liable to fine which may extend to on first conviction to two hundred and fifty rupees, and on any subsequent conviction to five hundred rupees.
- (4) If any person makes coke in contravention of any notification issued under sub-section (1), clause (d), he shall be liable to fine which may extend on first conviction to twenty-five rupees, and on any subsequent conviction to fifty rupees.
- (5) If any coke is made in any building or place in contravention of a notification issued under sub-section (1), clause (d), the owner or occupier of such building or place shall be liable to fine which may extend on first conviction to twenty-five rupees, and on any subsequent conviction to fifty rupees.
- (6) Where any coal is in process of being made or has been made into coke in contravention of a notification issued under sub-section (1), clause (d), an Inspector may seize such coal or coke, and report the seizure to a Magistrate who may, after such enquiry as he thinks necessary, order such coke or coal to be confiscated, and to be sold in accordance with rules to be made by [the [State]
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