Section 6(6) in Jammu and Kashmir Brick Kilns (Regulation) Act, 2010
(6)Before granting licence under sub-section (5), the licencing authority shall make or shall cause to be made a full and complete investigation in the prescribed manner in respect of the application having due regard to the following, namely:-(a)the suitability of the locality wherein the proposed kiln is to be established;(b)the number of kilns operating in the area;(c)whether such kiln is not detrimental to the health of general public, habitations, water resources, fauna and flora in close proximity;(d)whether such kiln is proposed to be set up on land which is or was put to agricultural use, save as that the existing brick kilns, if set up on such land, though categorized as "Banjar Kadim", should be relocated within a period of [seven years] [Substituted 'five years' by Act No. 10 of 2016, dated 23.7.2016.] and punitive action shall be taken for non-compliance as per the rules to be framed under this Act;(e)the setting up of brick kilns should be allowed on the areas considered suitable for the purpose without any detrimental effect to the agricultural/productive land; and(f)such other particulars conditions as may be prescribed.
