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State of Gujarat - Section

Section 13 in Smoke-Nuisances Act, 1963

13. Rules

(1)The State Government after consultation with the Commission in regard to matters concerning it may, subject to the condition of previous publication, by notification in the Official Gazette, make rules for the purpose of carrying into effect the provisions 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 a furnace;
(g)prescribe a procedure for giving a 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 causes between the giving of such warning and the institution of a prosecution;
(h)prescribe the procedure regarding the submission and approval of plan under sub-section (1) of section 10;
(i)fix the amount of fee payable to each or any member of the Commission attending a meeting of the Commission;
(j)prescribe a procedure for the sale and disposal of the receipts of the sale of coke or coal confiscated under sub-section (6) of section 7; and
(k)any other matter expressly required or allowed by this Act to be prescribed by, rules.
(3)All rules made under this section shall be laid for noteless than thirty days before the State Legislature as soon as possible after they are made, and shall be subject to rescission by the State Legislature, or to such modifications as the State Legislature may make, during the session in which they are so laid, or the session immediately following.
(4)Any rescission or modifications so made by the State Legislature shall be published in the Official Gazette and shall thereupon take effect.