Section 11 in The Bombay Smoke-Nuisances Act, 1912
11. Rules.
(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 Government] may, [* * * *] [The words 'with the previous sanction of the Governor General in Council and' were repealed by Section 3 of the Bombay Smoke-nuisances (Amendment) Act, 1920 (Bombay 8 of 1920).] after previous publication make rules to carry out the objects of this Act.(2)In particular, and without prejudice to the generality of sub-section (1), such rules may-(a)regulate the transaction of business by the Commission;(b)prescribe the powers and duties to be exercised and performed by the Commission and by Inspectors, respectively, and regulate the exercise and performance of those powers and duties;(c)prescribe a scale for the purpose of determining the density of smoke;(d)prescribe the degree of density of smoke that may be emitted from a furnace;(e)prescribe the time during which smoke of such density may be emitted from a furnace;(f)prescribe the altitude below which smoke may not be emitted from furnace;[****] [Clause (g) was repealed by Section 3 of the Bombay Smoke-Nuisances (Amendment) Act, 1920 (Bombay 8 of 1920).](h)prescribe a procedure for the giving of warning to offenders before instituting a prosecution under this Act, and declare the minimum period which should be allowed to elapse in different classes of cases between the giving of such warning and the institution of a prosecution;(hh)[ prescribe the procedure regarding the submission and approval of plan under sub-section (1) of section 9A;] [Clause (hh) was inserted by Bombay 10 of 1929, Section 5.](i)fix the amount of fee payable to each or any member of the Commission attending a meeting of the Commission; and(j)prescribe a procedure for the sale and disposal of the receipts of the sales of coke or coal confiscated under sub-section (6) of section 7.(3)The date to be specified in accordance with clause (c) of section 24 of the Bombay General Clauses Act, 1904, as that after which a draft of rules proposed to be made under this section will be taken into consideration, shall not be less than three months from the date on which the draft of the proposed rules was published for general information.(4)Any rule to be made under this Act shall, before it is published for criticism under sub-section (1), be referred to the Commission constituted under section 4, and the rule shall not be so published until the said Commission has reported as to the expediency of making the proposed rule and as to the suitability of its provisions.(5)[ All rules made under this section shall be laid for not less than thirty days before each House of the State Legislature as soon as may be after they are made, and shall be subject to such modifications as the State Legislature may make, during the session in which they are so laid or the session immediately following and publish in the Official Gazette.] [Sub-section (5) was added by Maharashtra 22 of 1961, Section 6.]
