Prepare And Place The Brick Kilns (Control) Act, 013

Original Language Title: ইট প্রস্তুত ও ভাটা স্থাপন (নিয়ন্ত্রণ) আইন, ২০১৩

Read the untranslated law here: http://bdlaws.minlaw.gov.bd/bangla_all_sections.php?id=1140

Prepare and place the brick kilns (Control) Act, 013 (Act 59 of Law No. 013) [0 November, 013] the brick kilns of setting up and controlling the activities of certain amendments to the existing law rahitakrame punahpranayanera made to the protection and improvement of the environment and biodiversity and the setting up of brick kilns in the interest of the existing legislation on the control and interconnection to punahpranayana rahitakrame it expedient; Therefore, it is hereby enacted as follows hailah law Short title and commencement 1. (1) of this Act and the low brick buildings (Control) Act, 013 may be called. (Ii) The Government may, by notification in the official Gazette, shall determine the date of this Act shall come into force on that date. Definitions. Unless there is anything repugnant in the subject or context, in this Act, - (a) "Committee" means any committee established under Section 1; (B) "offense" means any offense punishable under this Act; (C) "investigation" means a court of law or the environment under the Criminal Procedure Code does not include the criminal investigation or inquiry; (D) "Modern technology brick" means any brick in the fuel-efficient, high-tech, such as the Hybrid Hoffman kiln (Hybrid Hoffman Kiln), Zigzag kiln (Zigzag Kiln), bharatikyala syaphta Brick kiln (Vertical Shaft Brick Kiln), tunnel kiln (Tunnel Kiln), or a similar field; (E) "brick" means sand and cement, or any building materials made of clay brick; (F) "Brick Ready" means any process whose physical or mechanical, or both ways, brick by brick collection starting from the ground and made mud bricks are burned; (G) "brick" means any place or structure of the brick is for commercial purposes; (H) "placing brick" means any act by which the selection of space and infrastructure for the production of bricks, but does not include the production of bricks;
(I) "agricultural land" means land which is used in the production of agricultural products more than once a year; (J) "certificate" means, subject to the provisions of this Act, Environment Protection Act or any certificate issued under any rule made thereunder; (K) "fuel" means brick kilns used for brick burning of solid, liquid or gaseous substance; (L) "fuel" means any timber that is used as fuel, and the bamboo trees motha or dates thereof; (M) "prescribed" means prescribed by any rule or order made under this Act; (N) "zone" section 8 sub-section (1) of the above-mentioned areas; (O) "Environment Court Act" means the Environment Court Act, 010 (Act 56, Act No. 010); (P) "Environment Protection Law," the Bangladesh Environment Conservation Act, 1995 (Act No.1 of 1995); (Q) "hill" or "hill" means any land which is naturally produced from the surrounding high ground, and the soil, stone, clay and stone, clay and kamkara, or any other similar material, comprising solid, and the official records of the hill or marked as elevation; (R) "criminal", the Code of Criminal Procedure, 1898 (Act V of 1898); (P) "Rules" means the rules made under this Act; (T) "person", whether or not incorporated, a company, partnership or association or group of persons shall be included; (C) "heavy vehicles" means three (3) tonnes of cargo-carrying vehicles above; (Q) "Mobile Court Act" means the Mobile Court Act, 009 (Act 009 of Law No. 59); And (b) "license" means any license issued under this Act. 3 of this Act prevail. Notwithstanding anything contained in any other law for the time being in force does not differ, the provisions of this Act shall have effect. 4. It is prohibited without a license ready. Notwithstanding anything contained in any other law for the time being in force, the brick factory, located in the district without receiving a license from the Commissioner, no person shall brick of bricks: Provided that, in the case of brick, concrete blocks, such licenses shall be kampresad not.
Explanation: In this section, "kampresad concrete blocks, bricks," the concrete, sand and cement bricks made by. 5. Use the control and reduction of the ground. (1) Notwithstanding anything contained in any other law for the time being in force, any person for the purpose of agricultural land or a hill or mound of brick dust from cutting or using it as raw material shall not collect the brick. (Ii) without the approval of the appropriate authorities, any person for the purpose of preparing bricks fun ponds or streams or creeks or ponds, or rivers or bill or wetlands-Baor or falling in or out of char in the soil may collect katite or not. (3) clay brick as raw material for the purpose of reducing the use of modern technology in the brick kilns of at least 50 (fifty) percent of the Hollow Brick (Hollow Brick) shall be prepared. (4) Local Government Engineering Department created by the district or union or any person using the rural roads by heavy vehicles are not allowed to transport raw brick or brick. 6. prohibit the use of firewood. Notwithstanding anything contained in any other law for the time being in force, any person, any firewood as fuel in brick kilns burn bricks may not use. 7. control the use of coal. Notwithstanding anything contained in any other law for the time being in force, any person appointed to the acceptable limit extra sulfur burning, brick brick, ash, mercury-containing coal used as a fuel or a similar material shall not. 8. Place the prohibition and control of certain brick. (1) Notwithstanding anything contained in any other law for the time being in force, whether or not the certificate, after the commencement of this Act, any person within the territory of the following areas do not have any brick establish: (a) residential, preserved or banijyeka area; (B) the city, municipality or district headquarters; (C) government or privately-owned forests, wildlife sanctuaries, gardens or wetlands; (D) of agricultural land; (E) the area of ​​ecological crisis;
(F) degraded air sheds (Degraded Air Shed). (Ii) after the commencement of this Act, is prohibited within the boundaries of the Department of Environment for setting up of brick, or any other authority under any law, no permission or license or certificate, by whatever name called, shall pay. (3) Any person receiving clearance from the Department of Environment or the brick at the following shall establish: (a) the border zone of a minimum of 1 (one) in kilometers; (B) without the consent of the divisional forest officer, the public forests of the border (two) in kilometers; (C) on the surface of a mountain or hill slopes, and adjacent plains or the mountains, or in the case of setting up a brick from the foot of the hill at least 1½ (half) in kilometers; (D) the establishment of the district in Brick Hill District Development Committee, as determined by the environment in any place other than the place; (E) any special infrastructure, railways, schools, hospitals and clinics, research institutions, or similar institution from any place or at least 1 (one) in kilometers; And (f) of the Local Government Engineering Department of Rural Roads constructed by the district or union or at least 1½ (half) in kilometers. (4) prior to the commencement of this section, any person receiving permission is prohibited within the boundaries of sub-section (3) has been set up in the distance or the brick, then he, this Act comes into force (two) years periods in the brick kiln, according to the provisions of this Act, shall be transferred to the right place, otherwise the license shall be canceled. Explanation: In this section, - (a) "residential area" means any area where at least 50 (fifty) to live in the family; (B) "wetland" means land in the year 6 (six) months or more while submerged under water, and the ecological crisis as a declared area; (C) "environmental critical area" means an area declared under Section 5 of the Environment Protection Act;
(D) "garden" means any place where at least 100 per hectare (one) is the fruit of the tree or forest, or both, and tea thereof; And (e) "private forest" means a forest owned by the Forest Department recognized as forest and tree cover of which (crown cover) forest at least thirty (30) percent have a wide range of areas, and include social forest or rural forests also fall. Issuance of the license, the expiration and renewal 9. (1) Any person in the prescribed manner, terms and forms, and the application fee, subject to payment of documents and information, brick for brick in the preparation of the licenses are located in the District Commissioner or any officer authorized by him to make the application manner Provided that, except for environmental protection issued under the Environment Protection Act, no person shall be required to submit such an application. (Ii) sub-section (1) After receiving the application, the application of the information and the authenticity of documents submitted to the Deputy Commissioner shall review the investigation or the application thereof to the Committee by sending it to the search for truth, the directive within the stipulated time, his recommendation to the may provide instructions for sending. (3) the license application and the information about the authenticity of the documents submitted, the district commissioner's review on the basis of the recommendation of the search committee, he is satisfied, subject to the provisions of this Act, the application is granted, the license fee from the applicant adayapurbaka prescribed procedures, forms and conditions in favor of the applicant, brick For the preparation of the licenses may be issued. (4) the license application and the information about the authenticity of the documents submitted, the district commissioner's review on the basis of, or failure to satisfy the search on the basis of the committee's recommendations, he may refuse the application:
Provided that, in the prescribed manner, time and place of the hearing to the applicant without proper licenses, Deputy Commissioner shall refuse the application. (5) Each license shall be the period from the date of issuance of the 3 (three) years. (6) of sub-section (5) at the end of the period specified in the license to be at least thirty (30) days prior to the renewal of the Licensed Deputy Commissioner or any officer authorized by him in the prescribed manner, the conditions and the application form and fee, to provide documents and information Subject to submit an application. (7) of sub-section (6) after receipt of the renewal application, the application of the information and the authenticity of documents submitted to the Deputy Commissioner shall review it, or by sending the application to the Committee for its investigation and that the search for truth, the directive within the time specified, recommendations may be sent to him direct. (8) extended the application of information and the authenticity of the documents submitted, the district commissioner's review on the basis of the recommendation of the search committee or, if he is satisfied, subject to the provisions of this Act, shall grant the application and the renewal fee from the applicant, the method and terms of such license adayapurbaka may. (9) extended the application of information and the authenticity of the documents submitted, or find yourself on the basis of the review committee's recommendations on the failure of the Deputy Commissioner is satisfied that the application was not granted on the condition that manner, in the prescribed manner, time and place of the hearing to the applicant and provide the opportunity Deputy Commissioner did not apply for renewal of the license may not refuse. In granting the appeal does not apply
10. (1) Article 9 of sub-section (4) of the license application under sub-section (9) of the license renewal application has not been granted, Licensed against it, disallowance of receipt of the thirty (30) working days, Additional Divisional Commissioner or authorized by the Divisional Commissioner, in the prescribed manner and the prescribed fee, to provide documents and information, subject to an appeal in the manner that shall, within a reasonable period of time due to the appellant, the appeal fails, he additional 15 (fifteen) working Day in, specifying the reasons for the delay, the appeal may be filed. (Ii) If no appeal is filed the necessary papers from the Deputy Commissioner of the department concerned, documents or information shall be given reasonable opportunity of hearing may call and apilakarike 90 (ninety) days, in the prescribed manner may be decided by the appeals. (3) sub-clause (ii) of the decision shall be final. 11. Cancellation and suspension of license. (1) A person who violates any condition of the license or commit any offense punishable under this Act, the Deputy Commissioner, the method and terms of the person's license for a period not exceeding 90 (ninety) days in order to provide for the manner suspended on the condition that, prior to the suspension of any license under this section laisensike in the prescribed manner, a hearing shall be given an opportunity. (Ii) sub-section (1) Notwithstanding anything contained in any brick or brick adjacent areas due to the environmental cause of fatal crashes, Deputy Commissioner immediately suspend the license of an emergency decree to keep the brick off the activities of the commission. (3) If any offense punishable under this Act, no person has been convicted by any court, tribunal, on the basis that the Deputy Commissioner may, by order, his license may be canceled.
Search Committee and its karyaparidhi 12 (1) For the purposes of this Act, a committee in each district of the following members of the search committee shall be: (a) nominated by the Deputy Commissioner, Additional Deputy Commissioner, who shall be its leader; (B) the UNO; (C) the district health officer; (D) the district agricultural officer; (E) any Forest Officer, Divisional Forest Officer or designated by him (Forrester position is not below); (F) Regional Office or District Office of the Department of Environment nominated by the officer, who shall be its member-secretary. (Ii) karyaparidhi Search Committee shall be as follows: (a) in the prescribed manner, issue or renewal of a license to search and provide recommendations to the Deputy Commissioner; (B) violation of the terms and conditions of the license or any offense punishable under this Act to conduct the search for the authenticity of the dating cycle; (C) setting up brick and brick in the preparation of the district, from time to time, collect the data to be presented to the Deputy Commissioner; And (d) For the purposes of this Act, any other function assigned by the district administration. (3) The Search Committee may determine the procedure of its meetings, and convened by the scheduled date, time and place of the meetings shall be held. (4) The investigation committee or any member or any person who has entered into any brick or question may call for any documents. Inspection
13. (1) comply with the conditions of license are being violated, or whether, or any offense punishable under this Act has been committed or is being made for the supervision of the Deputy Commissioner himself or any officer authorized by him or the executive officer or any officer or the district office of the Department of Environment Divisional Forest Officer or nominated by the forest officer (not below the rank of Forester), and "visiting" as mentioned, at any time without notice and access any brick kilns inspection, any documents or summon any person for questioning, may. (Ii) sub-section (1) of the visit to paribarsanakarira, it appears that, for any offense punishable under this Act has been or is being committed, he products involved in the offense, such as brick, clay, wood, coal, machinery, equipment , valuables, documents, etc. in the manner specified in the Code of Criminal Procedure, shall be confiscated. (3) sub-section (ii) if the materials seized, visited the District Commissioner or any officer authorized by him in the prescribed manner and at the time, shall submit a written report. (4) sub-section (3) After receiving the report, Deputy Commissioner or any officer authorized by the authenticity and accuracy of the report or the report of the inquiry committee to examine the adequacy and accuracy of its search giving him the prescribed period The committee may direct the search for recommendations. (5) of the search committee, in the prescribed manner, a report containing recommendations anusandhanapurbaka shall submit to the Deputy Commissioner. (6) Deputy Commissioner, based on his own observations or sub-section (5) of the above-mentioned report, are you satisfied that -
(A) on the basis of allegations raised in the report submitted by the inspector is not required to file a case, he noted that the document will be released in favor of the seized Licensed products; Or (b) on the basis of the allegations raised in the report submitted by the inspector is required to file the case, he did not obstacles to the jurisdiction of the seized materials, direct the visitor to the court filing. Penalty for violation of Article 4 14. If any person in contravention of the provisions of Article 4, the brick factory, located in the district without receiving a license from the Commissioner, the brick kilns of brick, he is not more than 1 (one) year imprisonment or a fine not exceeding 1 (one) million taka or both shall be sentenced to imprisonment. Penalty for violation of Article 5 15. (1) If any person-of Article 5 (a) of sub-section (1) of the contravention of the provisions, brick or rock or mound of agricultural land for the purpose of preparing the soil, such as cutting or collect the raw material used in brick; Or (b) in sub-clause (ii) of the contravention of the provisions, without the approval of the appropriate authorities for the production of bricks fun ponds or streams or creeks or ponds, or rivers or bill or wetlands-Baor or char from the soil or reap or gather into place free; He more than (two) years imprisonment or a fine not exceeding two (two lakh) shall be punished with a fine or both. (Ii) any person-of Article 5 (a) of sub-section (3) of the contravention of the provisions, brick clay as raw material for the purpose of reducing the use of modern technology itabhatasamuhe at least 50 (fifty) percent of the Hollow Brick (Hollow Brick) or compressed blocks It was not ready; Or (b) of sub-section (4) in contravention of the provisions of the Local Government Engineering Department created by the district or the union or by the use of rural roads by heavy vehicles to transport the raw brick or brick; He not more than 1 (one) shall be punished with a fine of Rs. Penalty for violation of Article 6
16. If any person in contravention of Article 6 of the brick to brick-burning fuel wood use, he may not later than 3 (three) years imprisonment or a fine not exceeding 3 (three) of the money shall be punished with a fine or both. Penalty for contravention of section 7 and 17. If any person in contravention of the provisions of Article 7 of the acceptable limit as fuel in brick bricks burn extra sulfur, ash, mercury or similar material containing coal use, he not more than 50 (fifty) shall be punished with a fine of Rs. Penalty for contravention of Article 8 18. (1) If any person of section 8 sub-section (1) of the brick was laid in contravention of a ban, he more than 5 (five) years imprisonment or a fine not exceeding 5 (five) shall be punished with a fine or both lakh. (Ii) any person of section 8 sub-section (3) breach of the terms and conditions laid brick, he is not more than 1 (one) year imprisonment or a fine not exceeding 1 (one) lakh shall be punished with a fine or both. The court, taking cognizance, judgment, etc. 19. (1) Subject to sub-section (ii) Notwithstanding anything contained in, the mobile court subject to the provisions of the law, court taking cognizance of the instant offense punishable under this Act may dandaropa trials. (Ii) sub-section (1) Subject to the provisions of the Environment Act, the court established under the Environment Court or any other court, except the special magistrates court to take cognizance of an offense punishable under this Act and shall adjudication. (3) the offense punishable under this Act shall be non-cognizable and bailable. Explanation: In this section, "court" means the Court referred to in section 4 of the Act Court. 0 forfeitures. If the trial proves aparada, court materials involved in the offense, such as brick, clay, wood, coal, machinery, equipment, goods, etc. may make an order to seize.
Mobile Court Act, Environment Court Act, and the Criminal Procedure 1. Subject to the provisions of this Act, to file criminal charges punishable under this Act, taking cognizance, issuance of a summons or warrant, to guarantee the investigation, trial, dandaropa, forfeitures, appeal, etc. Mobile Court Act, Environment Court Act, or the applicable provisions of the Code of Criminal Procedure be. Offences committed by the two companies. If the Company is the person committing the crime, then the company's owner, chairman, managing director, director, manager, secretary or other officer shall be jointly and severally liable for the offense, unless they can prove that he or such offense shall or their knowledge or they have been or she has tried everything to prevent it. Explanation: In this section, (a) "company" means any statutory public authority or agency, whether or not incorporated, in any company, partnership, association or organization; And (b) "director" means, in the case of the company, a member of its Board of Directors, and in the case of a partnership, any partner. Information technology 3. Performances under this Act, in the exercise of powers and responsibilities, Information and Communication Technology Act, 006 (Act 39, Act No. 006) to the provision of information technologies may be used. English translated text 4. (1) after the commencement of this Act, the Government, by notification in the official Gazette, an English translation of the text of the law Bengali authentic text (Authentic English Text) shall publish. (Ii) in the case of conflict between the Bengali and English text, the Bengali text shall prevail. 5 Power to make rules. For the purposes of this Act, the Government may, by notification in the official Gazette, make rules. Repeal and Savings
26 (1) of this Act comes into force with brick baking (Control) Act, 1989 (Act No. 8 of 1989), hereinafter referred to as the repealed law, shall be repealed. (Ii) sub-section (1) Despite the repeal (a) the work done under the repealed Act or action taken under this Act shall be deemed to have been taken; (B) if consideration of any application submitted under the repealed Act shall, as far as possible, in accordance with the provisions of this Act shall be disposed of; And (c) any proceeding or lawsuit is pending under the repealed Act shall be disposed of in such a way that the law is repealed. (3) sub-section (1) of the repeal, despite the expiration of any license granted under the repealed Act shall have effect as if it should remain in force, unless the law is repealed, and the expiration date of ending at least thirty (30) days prior to compliance with the provisions of this Act the license will be renewed.