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State of Gujarat - Section

Section 7 in Smoke-Nuisances Act, 1963

7. Power to prohibit erection of kilns or furnaces, or manufacture of coke, in specified areas and its inflict penalties

(1)The State Government may, by notification in the Official Gazette, prohibit either absolutely or subject to such conditions and within such area as may be specified in the notification,
(a)the erection of brick, tile or time kilns.
(b)the erection or re-erection of, or addition to, or alteration in, furnaces to be used for the calcining or smelting of ores or minerals, or for the casting, puddling or rolling of iron or other metals or for the conversion of pig-iron into wrought iron, or
(c)the manufacture of coke in ovens or with special appliances, or
(d)the making of coke without ovens or special appliances.
(2)If any furnace be erected, re-erected, altered or added to or any kiln be erected in contravention of any notification issued under clause (a) or (b) of sub-section (1) the owner thereof shall be liable to fine which may extend to two hundred and fifty rupees.
(3)If any person manufactures coke in contravention of any notification issued under clause (c) of sub-section (1), he shall be liable to fine which may; extend on first conviction to two hundred and fifty rupees, and on any subsequent conviction to five hundred rupees.
(4)If any person makes coke in contravention of any notification issued under clause (d) of sub-section (1), he shall be liable to fine which may extend on first conviction to twenty-five rupees, and on any subsequent conviction to fifty rupees.
(5)If any coke is made in any building or place in contravention of a notification issued under clause (d) of sub-section (1), the owner or occupier of such building or place shall be liable to fine which may extend on first conviction to twenty-five rupees, and on any subsequent conviction to fifty rupees.
(6)Where any coal is in process of being made or has been made into coke in contravention of a notification issued under clause (d) of sub-section (1) an Inspector may seize such coal or coke, and report the seizure to Magistral who may, after such enquiry as he thinks necessary, order such coke or coal to be confiscated, and to be sold in the prescribed manner.