8A. Restriction on the erection of furnaces, etc. and penalties. - (1) After the commencement of the Bengal Smoke-nuisances (Amendment) Act, 1978-
(a)no furnace, flue, chimney or smoke abating equipment shall be erected, and(b)no furnace, flue, chimney or smoke abating equipment, erected prior to the commencement of the said Act, shall be re-erected, altered or added to, otherwise than in accordance with plans sanctioned by the Chief Inspector of Smoke-nuisances,(c)no furnace, flue, chimney or smoke abating equipment shall be used except with permission granted by the Chief Inspector of Smoke-nuisances.(2)Every permission granted under clause (c) of sub-section (1) shall be valid for a period of one year and may on application made in this behalf be renewed from time to time for a period of one year on each occasion.(3)(a)In the event of any contravention of the provisions of clause (a) or clause (b) of sub-section (1), the owner of the furnace, flue or chimney, as the case may be, shall, on conviction, be punished with imprisonment for a term which may extend to one month or with fine which may extend to two thousand rupees or with both.(b)In the event of any contravention of the provisions of clause (c) of subsection (1), the owner of such furnace, flue or chimney, as the case may be, shall, on conviction be punished with imprisonment for a term which may extend to two months or with fine which may extend to five thousand rupees or with both and the trying Magistrate may also direct the owner to comply with the provisions of clause (c) of sub-section (1) or pass an order for the demolition of the unauthorised furnace, flue or chimney, as the case may be, within, a period of three months from the date of issue of such order.(c)In the event of failure of such owner to demolish the furnace, flue or chimney, as the case may be, in pursuance of an order under clause (b) the trying Magistrate may, on a report of the Inspector of Smoke-nuisances having jurisdiction, pass necessary orders for the demolition of such furnace, flue and chimney at the owner's cost.][9. Powers of the Inspectors. - (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.][9A. Delegation. - The powers of an Inspector under this Act shall also be exercisable by a District Magistrate, a Deputy Commissioner, an Additional District Magistrate, an Additional Deputy Commissioner or a Sub-Divisional Executive Magistrate within his jurisdiction.]
