6. Power to prohibit the erection or use of kilns or furnaces, or the manufacture of coke, in specified areas.
(1)The [State Government] [Words 'Provincial Government' originally substituted for the words 'Local Government' by Government of India (Adaptation of Indian Laws) Order, 1937 and thereafter the word 'State' substituted for the word 'Provincial' by Adaptation of Laws Order, 1950.] may, [by a notification published in the prescribed manner] [Words substituted by W.B. Act 50 of 1978.], prohibit, within any specified area,-(a)[ the erection or use of any specified class of brick, tile or lime-kilns, or, [clamps for making bricks, or] [Clause (a) substituted for the original clause by Bengal Act 1 of 1911.]](b)the erection [or use] [Words inserted by Bengal Act 1 of 1916.] of furnaces to be used for the calcining 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, or] [Words substituted by W.B. Act 50 of 1978.](e)[ the operation of any process emitting or causing emission of smoke] [Clause (e) inserted by W.B. Act 50 of 1978.]:[Provided that where prior to the issue of such notification, a licence has been granted under the provisions of Chapter XXXIII of the Calcutta Municipal Act, 1899 or of Chapter XXVI of the Calcutta Municipal Act, 1923 or of Chapter XXVI of the Calcutta Municipal Act, 1951, for the erection of a furnace for use for any of the purposes mentioned in clauses (a) and (b) or for the manufacture of coke as described in clauses (c) and (d) or for the operation of any process referred to in clause (e) such notification shall not affect such furnace, or such manufacture or such operation till the expiry of such time as the Chief Inspector of Smoke-nuisances may allow in this behalf.] [Proviso substituted for the original Proviso by W. B. Act 50 of 1978.](2)[ If any kiln, clamp or furnace is erected or used in contravention of any notification issued under clause (a) or clause (b) of sub-section (1), the owner thereof shall, on conviction, be punished for the first offence with imprisonment for a term which may extend to one month or with fine which may extend to two thousand rupees or with both and for a second or subsequent offence with imprisonment for a term which may extend to two months or with fine which may extend to five thousand rupees or with both.] [Sub-section (2), (3) & (4) substituted by W.B. Act 50 of 1978.](3)[ If any person manufactures coke in contravention of any notification issued under clause (c) of sub-section (1) he shall, on conviction, be punished for the first offence with imprisonment for a term which may extend to one month or with fine which may extend to two thousand rupees or with both and for a second or subsequent offence with imprisonment for a term which may extend to two months or with, fine which may extend to five thousand rupees or with both.] [Sub-section (2), (3) & (4) substituted by W.B. Act 50 of 1978.](4)[ If any person makes coke in or upon any building or land in contravention of any notification issued under clause (d) of sub-section (1), -(a)such person, and(b)the owner (if he knowingly permits the coke to be made by such person), or the occupier of such building or land,shall, on conviction, be jointly and severally liable to a fine which may extend to two thousand rupees and for a second or subsequent offence to a fine which may extend to five thousand rupees and the coke so made may be seized by an Inspector pending the order of the Magistrate.] [Sub-section (2), (3) & (4) substituted by W.B. Act 50 of 1978.](5)[ In any prosecution under sub-section (4), the Magistrate may, be side-imposing a fine as aforesaid, record an order directing the confiscation of any coke seized as in that sub-section provided; and in such a case, it shall be lawful for the Commission to dispose of the same in such manner as the [State Government] [Sub-section (5) and (6) originally substituted by W.B. Act 1 of 1916 and now again substituted by W.B. Act 50 of 1978.] may, by rule made under section 10, prescribe.] [Clause (4) substituted for the original clause by W. B. Act 8 of 1953.](6)[ For the purposes of sub-section (4), -(i)the expression "occupier" means any person for the time being paying, or liable to pay, to the owner the rent or any portion of the rent of the building or land in respect of which the word is used, and includes an owner living in, or otherwise using, his own building or land; and(ii)the expression "owner" includes the person for the time being receiving the rent of any building or land or of any part of any building or land; whether on his own account or as agent or trustee for, any person or society or for any religious or charitable purpose, or as a receiver, or who would so receive such rent if the building, land, or part thereof, were let to a tenant.]
