Jammu and Kashmir Brick Kilns (Regulation) Act, 2010

No: 17 Dated: Oct, 25 2010

THE JAMMU AND KASHMIR BRICK KILNS (REGULATION) ACT, 2010

(Act No. XVII of 2010)

    An Act to regulate and control the establishment of Brick Kilns in the State and to provide for matters connected therewith or incidental thereto.

    Be it enacted by the Jammu and Kashmir State Legislature in the Sixty-first Year of the Republic of India as follows :-

1. Short title and commencement. - (1) This Act may be called the Jammu and Kashmir Brick Kilns (Regulation) Act, 2010.

(2) It extends to the whole of the State of Jammu and Kashmir.

(3) It shall come into force on the date[of its publication in the Government Gazette].

2. Definitions. - In this Act, unless the context otherwise requires, -

(a) "Act" means the Jammu and Kashmir Brick Kilns (Regulation) Act, 2010;

(b) "agricultural lands" mean the land which is occupied or has been let for agricultural purposes or for purposes subservient to agriculture or for pasture and includes land used for or denoted to cultivation of fruit trees;

(c) "brick" means any piece of burnt clay having geometrical shape fired in a kiln;

(d) "consumer" means a person permitted to acquire bricks under this Act for private or public consumption and not for sale;

(e) "dealer" means a person carrying on the business of selling bricks;

(f) "defunct kiln" means -

(i) a kiln in existence at the commencement of this Act but in which brick manufacturing operation have not been carried on or are not carried on, for a continuous period of one year prior to such commencement; and

(ii) a kiln whether established before or after such commencement in which brick manufacturing operations are not carried an for a continuous period of one year at any time after the commencement of this Act;

(g) "existing kiln" means a kiln carrying on manufacturing operations at the commencement of this Act and includes a kiln in existence at such commencement which is not carrying on brick manufacturing operations but in which bricks manufacturing operations have been carried on at any time within a period of one year prior to such commencement:

Provided that if in such kiln brick manufacturing operations are not carried on within a period of one year after the commencement of this Act, such kiln shall, on the expiry of the said period of one year cease to be an existing kiln and be deemed to be a defunct kiln;

(h) "Government" means the Government of the State of Jammu and Kashmir;

(i) "kiln" means a structure used for firing bricks;

(j) "licensing authority" means an officer appointed as such under section 5;

(k) "manufacturer" means a person engaged in the production or manufacturing of bricks in a kiln;

(l) "new brick kiln" means a kiln other than an existing kiln or a defunct kiln; and

(m) "prescribed" means prescribed by rules made under this Act.