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State of West Bengal - Section

Section 9 in The Bengal Smoke-Nuisances Act, 1905

9. [ Powers of the Inspectors. [Section 9 substituted by W.B. Act 50 of 1978.]

(1)An Inspector may, after giving reasonable notice in writing to the owner, manager, engineer or person-in-charge,-
(a)enter and inspect, during working hours, any building or place within his jurisdiction which contains a furnace and inspect such furnace;
(b)under the written authority of the Chief Inspector of Smoke-nuisances, use and test any appliance used, for preventing the emission of smoke from any such furnace; and
(c)under the written authority of the Chief Inspector of Smoke-nuisances, direct that any such furnace be worked or stoked experimentally, during his visit to such building or place in any manner which he may consider suitable for preventing or reducing the emission of smoke, but not so as to interfere with the business carried on in such building or place further than is necessary for the purpose of the experiment.
(2)If any owner of a furnace in respect of which a direction has been given under clause (c) of sub-section (1) fails to comply with such direction, he shall, on conviction, be punished with imprisonment for a term which may extend to three months or with fine which may extend to two thousand rupees or with both.
(3)Notwithstanding anything contained in sub-section (1), an Inspector may enter and inspect without notice and at any time by day or by night any building or place within his jurisdiction in which he has reason to believe that a furnace has been erected or that coke is being made otherwise than in accordance with the provisions of this Act and the rules made thereunder and to inspect such furnace, building or place:Provided that if in any such building which is a private dwelling house, there is an apartment in the actual occupancy of a woman who according to custom does not appear in public, such Inspector shall, before entering such apartment, give notice to such woman that she is at liberty to withdraw and shall afford her every reasonable facility for withdrawing.
(4)Whenever the Chief Inspector of Smoke-nuisances issues any authority under clause (b) or clause (c) of sub-section (1), he shall, as soon thereafter as conveniently may be, report the fact to the Commission.] [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.]