7. Power to prohibit the erection of kilns or furnaces, or the manufacture of Coke, in specified areas; and to inflict penalties.
(1)[The [State] [The words 'the Provincial Government were substituted for the word 'Government' by the Adaptation of Indian Laws Order in Council.] Government] may, by notification in the [Official Gazette] [The words 'Official Gazette' were substituted for the words 'Bombay Government Gazette' by the Adaptation of Indian Laws Order in Council.], prohibit [either absolutely or subject to such conditions and within such area as may be specified in the notification,] [These words were substituted for the words 'within any specified area' by Bombay 55 of 1953, Section 2(1).](a)the erection of brick, tile or lime kilns,(b)[the erection or re-erection of, or addition to, or alternation in,] [These words were substituted for the words 'the erection of by Bombay 55 of 1953.] furnaces to be used for the caloining or smelting of ores or minerals, or for the casting pudding or rolling of iron or other metals or for the conversion of pig-iron into wrought iron, or(c)the manufacturer 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), notification shall not affect [such furnace so long as it is not re-erected, or any alteration or addition is not made thereto.] [These words were substituted for the words 'such furnace of kiln' by Bombay 55 of 1953.](2)[If any furnace be erected, re-erected, altered or added to any kiln be erected] [These words were substituted for the words 'If any furnace or kiln be erected' by Bombay 55 of 1953, Section 2(2).] 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 manufacturer, coke in contravention of any notification issued under sub-section (1), clause (c) he shall be liable to fine which may extend 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 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 in first contravention 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] [These words 'the Provincial Government' were substituted for the word 'Government' by the Adaptation of Indian Laws Order in Council.] Government] in this behalf under section 11.
