Section 3 in Jammu and Kashmir Brick Kilns (Regulation) Act, 2010
3. Restrictions on establishment of brick kilns.
(1)No person shall, after the commencement of this Act, establish any new brick kiln except under and in accordance with a licence granted under this Act.(2)No owner of a kiln shall, after the commencement of this Act, continue brick manufacturing operations except under and in accordance with a licence granted under this Act:Provided that nothing in this sub-section shall apply to an existing kiln for such period as may be specified in this behalf by the Government by a notified order.(3)No owner of a brick kiln, -(a)in respect of which a licence has been granted under section 6, shall carry on brick manufacturing operation in that kiln after the licence has ceased to be valid;(b)in respect of which the licence has been revoked or suspended under section 10, shall carry on brick manufacturing operations in that kiln after the revocation or, as the case may be, during the period for which the licence has been suspended;(c)shall without the previous permission of the licencing authority, change the location of kiln in respect of which a licence has been granted under section 6;(d)shall effect any expansion of the kiln expect with the previous permission of the licensing authority where such expansion is not in accordance with terms and conditions of the licence granted under this Act.Explanation. - For the purpose of clause (a) of this sub-section, the period of validity of a licence shall not be deemed to have expired, if an application for its renewal is pending before the licensing authority.(4)[ No person shall establish a brick kiln or apply for renewal unless he/she, -(a)produces transfer of land use rights certificate from Revenue Department ;(b)produces environment clearance certificate from the Department of Environment and Remote Sensing ;(c)has an adequate mud stock as raw material for such brick kiln on an uneven, unproductive land to be certified by the Director, Agriculture.]
