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State of West Bengal - Section

Section 3 in The Bengal Smoke-Nuisances Act, 1905

3. Definition.

- In this Act, -
(1)[ "furnace" means any furnace or fireplace used -
(a)for working engine by steam, oil, gas or any fuel,with combustion inside or outside the engine; or
(b)any reaction tower, digester, distillation plant, mechanical, chemical, electrical or any processing plant emitting or causing to emit smoke, fumes, carbonaceous, organic or inorganic vapours, soot, grit, dust, obnoxious gases by any process whatsoever; or
(c)for any other purpose:
Provided that no furnace or fireplace -
(i)used for working the engine of any automobile, aircraft, water craft, launch, steamer or ship, or
(ii)used for the burning of the dead, or
(iii)used in a private house for bona fide domestic purpose other than the purposes specified in clauses (a), (b) and (c),
shall be deemed to be a furnace or fireplace within the meaning of this Act;] [Clause (1) substituted by W.B. Act 50 of 1978.]
(2)"Inspector" means [the Chief Inspector of Smoke-nuisances, a Deputy Chief Inspector of Smoke-nuisances or an Inspector of Smoke-nuisances] [Words within brackets substituted by W.B. Act 50 of 1978.], appointed under this Act;
(3)"the Commission" means the [West Bengal] [Words substituted for the word 'Bengal' by W.B. Act 50 of 1978.] Smoke-nuisances Commission constituted under this Act;
(4)[ the expression "owner" when used with reference to a furnace, flue or chimney, means-
(i)any person who owns the furnace, flue or chimney;
(ii)any agent or hirer using the furnace, flue or chimney; and
(iii)any, foreman or other person superintending the working of the furnace, flue or chimney; and]
(5)[ "Magistrate" means a Metropolitan Magistrate or a Judicial Magistrate of the First Class;] [Clause (5) substituted for the original clause by W.B. Act 50 of 1978.]
(6)"smoke" means -
(i)any product or products of combustion of fuel, in a furnace, containing carbonaceous or inorganic suspended matter,
(ii)any carbonaceous or inorganic suspended matters obtained or emitted by distillation of coal, wood, oil or any other matter whatsoever, or
(iii)any carbonaceous or inorganic suspended particulate matters fumes, obnoxious gases, soot, grit or dust emitted from the operation of any process whatsoever.