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

BRICK KILNS (REGULA TION)
ACT, 2010
(Act No. XVII of 2010)
THE JAMMU AND KASHMIR BRICK KILNS
(REGULATION) ACT, 2010
(Act No. XVII of  2010)
CONTENTS
Preamble
Section.
1. Short title and commencement.
2. Definitions.
3. Restrictions on establishment of brick kilns.
4. Establishment of brick kiln.
5. Appointment of Licensing Authority.
6. Grant of licence.
7. Registration
8. Fee for licence.
9. Protection of environment.
10. Revocation or suspension of licence.
11. Payment of royalty.
12. Power of inspection.
13. Fixation of price.
14. Quality of bricks.
15. Restrictions on sale by manufacturer and dealers.
16. Sale bill.
17. Maintenance of accounts.
258 BRICK KILNS (REGULA TION) ACT, 2010
18. Refusal to sell.
19. Delegation of powers.
20. Appeals.
21. Penalties.
22. Cognizance of offence.
23. Licensing Authority to be public servant.
24. Power to exempt.
25. Protection of action taken under the Act.
26. Power to make rules.
27. Power to give directions.
28. Repeal and saving.
–––––––
Section.
BRICK KILNS (REGULA TION) ACT, 2010 259
THE JAMMU AND KASHMIR BRICK KILNS
(REGULATION) ACT, 2010
(Act No. XVII of 2010)
[Received the assent of the Governor on 23rd October, 2010 and
published in the Government Gazette dated 25th October, 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) “agricu1tural 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 ;
* Now Union territory of Jammu and Kashmir.
* * Now Official Gazette.
260 BRICK KILNS (REGULA TION) ACT, 2010
(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 on 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 1[the Union territory
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.
1. Substituted for “the State of Jammu and Kashmir” by S. O. 1229 (E) of 2020 dated 31st
March, 2020.
BRICK KILNS (REGULA TION) ACT, 2010 261
3. Restrictions on establishment of brick kilns. ––(1) No person shall,
after the commencement of this Act, establish any new brick kiln except under
and in accordance with a licence granted under this Act.
(2) No owner of a kiln shall, after the commencement of this Act,
continue brick manufacturing operations except under and in accordance with
a licence granted under this Act :
Provided that nothing in this sub-section shall apply to an existing
kiln for such period as may be specified in this behalf by the Government by a
notified order.
(3) No owner of a brick kiln, ––
(a) in respect of which a licence has been granted under section
6, shall carry on brick manufacturing operation in that kiln
after the licence has ceased to be valid ;
(b) in respect of which the licence has been revoked or suspended
under section 10, shall carry on brick manufacturing
operations in that kiln after the revocation or, as the case may
be, during the period for which the licence has been
suspended ;
(c) shall without the previous permission of the licensing
authority, change the location of kiln in respect of which a
licence has been granted under section 6 ;
(d) shall effect any expansion of the kiln expect with the previous
permission of the licensing authority where such expansion
is not in accordance with terms and conditions of the licence
granted under this Act.
Explanation:––For the purpose of clause (a) of this sub-section, the period of
validity of a licence shall not be deemed to have expired, if an
application for its renewal is pending before the licensing
authority.
1[(4) No person shall establish a brick kiln or apply for renewal unless
he ––
1. Sub-section (4) substituted by S. O. 1229 (E) of 2020 dated 31st March, 2020. (For earlier
amendment see Act No. X of 2016, s. 2.)
262 BRICK KILNS (REGULA TION) ACT, 2010
(a) produces non-agriculture land use rights certificate from
Revenue Department ;
(b) produces consent to establish certificate from the Union
territory State Pollution Control committee ;
(c) has an adequate mud stock as raw material for such brick kiln
on an uneven, unproductive land to be certified by the District
Agriculture Officer.]
4. Establishment of brick kiln. ––No brick kilns shall be established
on any land which––
(a) is agricultural land ;
(b) is fit for cultivation of any agricultural produce ;
(c) has not been declared as 2[Gair Mujruba (Uncultivable land)
as recorded in last jamabandi] in the Revenue records ; or
(d) is within the demarcated forest area of the *State under 3[the
Indian Forest Act, 1927(16 of 1927)].
5. Appointment of Licensing Authority. ––The Government may, by
notification in the Government Gazette, ––
(a) appoint such officers of the Government as it thinks fit to be
the licensing authorities for the purposes of this Act ; and
(b) define the limits within which such a licensing authority shall
exercise the powers conferred on a licensing authority by or
under this Act.
6. Grant of licence. ––(1) Any person desiring to establish a brick kiln
3[in an area of the Union territory of Jammu and Kashmir] conforming to the
conditions laid in section 4, shall make an application to the licensing authority
of the area for grant of licence for the establishment of a new brick kiln and for
commencing brick manufacturing operations thereon.
1. Substituted for “the Banjri-kadim” S. O. 1229 (E) of 2020 dated 31st March, 2020.
2. Substituted for “the Jammu and Kashmir Forest Act, 1987” ibid.
* Now Union territory.
3. Substituted for “in an area of the State” by S. O. 1229 (E) of 2020 dated 31st March,
2020.
BRICK KILNS (REGULA TION) ACT, 2010 263
(2) Any owner of a defunct kiln desiring to recommence the brick
manufacturing operations shall make a like application to the licensing authority
of the area for grant of a licence for recommencing the brick manufacturing
operations in such kiln.
(3) An owner of an existing kiln shall within thirty days from the
commencement of the Act make an application to the licensing authority of the
area for the grant of a licence for continuing brick manufacturing operations in
that kiln.
(4) 2[Every application under sub-section (1), sub-section (2) and sub-
section (3)] shall be made in the prescribed form and shall contain the particulars
regarding the location of brick kiln, the size and type thereof and such other
particulars as may be prescribed. It shall invariably be accompanied by the
following documents: ––
I. site plan and Revenue extract duly attested by concerned
Tehsildar indicating the title, location, status and type of
land ;
II. no-objection certificates from––
(i) Deputy Commissioner concerned ;
(ii) State Pollution Control Board ;
(iii) Divisional Forest Officer concerned ;
(iv) Wildlife Warden concerned ;
(v) Director, Geology and Mining ;
(vi) District Agriculture Officer concerned ;
(vii) Block Medical Officer concerned ;
(viii) Tehsil Education Officer concerned ;
(ix) The Executive Engineer (PWD/R&B) concerned ; and
(x) Tehsildar concerned.
1. Substituted for “Every  application  under  sub-section (1) and sub-section (2)” by S. O.
1229 (E) of 2020 dated 31st March, 2020.
264 BRICK KILNS (REGULA TION) ACT, 2010
(5) 1[If, on receipt of an application under sub-section (3)] for grant of
licence, the licensing authority is of the opinion that it is necessary so to do
for ensuring adequate supply of bricks, it may, subject to the provisions of
sub-section (6), ––
(a) grant the licence specifying therein the period within which
the kiln is to be established or, as the case may be, the kiln is
to recommence brick manufacturing operations ;
(b) in the case of the existing kiln grant of licence for continuous
brick manufacturing operations in that kiln,
on such conditions (including such conditions as to the improvements to
existing machinery, replacement of existing machinery and use of such improved
methods of brick manufacturing as may be necessary to eliminate air and water
pollution) as may be prescribed.
(6) Before granting licence under sub-section (5), the licensing
authority shall make or shall cause to be made a full and complete investigation
in the prescribed manner in respect of the application having due regard to the
following, namely: ––
(a) the suitability of the locality wherein the proposed kiln is to
be established ;
(b) the number of kilns operating in the area ;
(c) whether such kiln is not detrimental to the health of general
public, habitations, water resources, fauna and flora in close
proximity ;
(d) whether such kiln is proposed to be set up on land which is
or was put to agricultural use, save as that the existing brick
kilns, if set up on such land, though categorized as “Banjar
Kadim”, should be relocated within a period of 2[seven years]
3[and punitive action by way of imposing such fine as may be
prescribed by the Licensing Authority] shall be taken for non-
compliance as per the rules to be framed under this Act ;
1. Substituted for “If, on receipt of an application” by S. O. 1229 (E) dated 31.03.2020.
2. Substituted for “five years” by Act No. X of 2016, s.3, w.e.f. 23rd July, 2016.
3. Substituted for “and punitive action” by S. O. 1229 (E) dated 31.03.2020.
BRICK KILNS (REGULA TION) ACT, 2010 265
(e) the setting up of brick kilns should be allowed on the areas
considered suitable for the purpose without any detrimental
effect to the agricultural/ productive land ; and
(f) such other particulars/conditions as may be prescribed.
(7) A licence granted under this section shall be valid for a period of
two years from the date of its issue and may be renewed for a period of two
years at a time subject to obtaining of Royalty Clearance Certificate from the
Geology and Mining Department.
(8) In granting licence under this section the licensing authority shall
give preference to a defunct kiln over a new brick kiln provided it fulfils the
criteria laid down under the Act and the rules made thereunder.
7. Registration.–– Every person in whose favour a licence for brick
kiln has been issued shall seek registration of his brick kiln from the Industries
and Commerce Department before he sets up the brick kiln.
8. Fee for licence. ––(1) The fee for grant of licence shall be 1[rupees
fifty thousand or such higher amount as may be fixed by the  Government from
time to time]. The renewal fee for such licence shall be rupees ten thousand per
annum :
Provided that the Government may, by a notification in the Government
Gazette, revise the licence fee and the renewal fee from time to time.
(2) After the licence has been granted, the licensing authority shall
forward a copy of licence to the following departments: ––
(a) Industries and Commerce Department ;
(b) Consumer Affairs and Public Distribution Department ;
(c) Commercial Taxes Department ;
(d) Geology and Mining Department ;
(e) District Development Commissioner ; and
(f) Pollution Control Board.
1. Substituted for “rupees thirty thousand” by S. O. 1229 (E) dated 31-03-2020.
266 BRICK KILNS (REGULA TION) ACT, 2010
9. Protection of environment.–– Every holder of Brick Kiln licence
shall abide by the pollution control laws in force and shall take all precautions,
adopt such measures and install such devices as prescribed for protection of
environment and control of pollution as may be directed by the concerned
authority. Air pollution due to dust, exhaust emissions or fumes shall be
controlled and kept within permissible limits specified under the relevant laws
in vogue from time to time.
10. Revocation or suspension of licence. ––(1) If the licensing
authority is satisfied, either on a reference made to him in this behalf or
otherwise that, ––
(a) a licence granted under section 6 has been obtained by
misrepresentation as to an essential fact ; or
(b) the holder of a licence has without reasonable cause, failed
to comply with the conditions subject to which the licence
has been granted ; or
(c) the holder of the licence has suspended the manufacture and
production of bricks without any reasonable cause in order
to create artificial scarcity ;
(d) the holder of a licence has contravened any of the provisions
of this Act or the rules made thereunder;
(e) the holder of a licence has been prosecuted and convicted
under section 21 of this Act,
then, without prejudice to any other penalty to which the holder of the licence
may be liable under this Act, the licensing authority may, after giving the
holder of the licence an opportunity of showing cause, revoke or suspend the
licence or forfeit the sum, if any, or any portion thereof deposited as security
for the due performance of the conditions subject to which the licence has
been granted and may also black list the owner of a brick kiln debarring him
from issuance of a licence for a period up to ten years.
11. Payment of royalty.–– Every kiln owner who is holding a valid
licence shall extract and consume the clay for manufacture of bricks after
obtaining a proper permit on payment of such royalty as may be prescribed to
the Geology and Mining Department subject to revision after every two years.
Non-payment of royalty shall make the licensee liable for recovery of royalty,
fine, penalty and even cancellation of licence by the competent authority.
BRICK KILNS (REGULA TION) ACT, 2010 267
12. Power of inspection.–– The licensing authority or, any other person
authorised by the Government in this behalf shall have the right, ––
(i) to enter and inspect any brick kiln ;
(ii) to seize or order the production of any document, books,
register or records in the possession of owner or any person
having control of or employed in connection with any brick
kiln if he has reason to believe that contravention of the
provisions of this Act or the rules made thereunder has been
or is being or is about to be committed ;
(iii) to stop and inspect any vehicle or cart in which bricks are
being carried for sale, supply or storage or for any other
purpose ; and
(iv) to seize bricks found in the premises of any person or any
vehicle or cart in respect of which he has reasons to believe
that contravention of the provisions of this Act or the rules
made thereunder has been or is being or is about to be,
committed.
Explanation:––The provisions of 1[the Code of Criminal Procedure, 1973 (2
of 1974)] relating to search and seizure shall apply to search
and seizure under this section.
13. Fixation of price.–– The Government may, from time to time, by
notification in the 2[Official Gazette], fix the maximum price of bricks for the
3[Union territory of Jammu and Kashmir] or for different areas thereof and
different prices may be fixed for different kinds of bricks having regard to the
weight, size and comprehensive strength of bricks and also the ratio of half
(broken) bricks per thousand.
14. Quality of bricks.––The bricks manufactured by the licensed kiln
owner shall conform to the standards set for such product by the Indian Bureau
of Standards or any other agency authorised in this behalf and any variations
shall constitute an offence punishable under section 21 of this Act.
1. Substituted for “sections 102 and 103 of the Code of Criminal Procedure Samvat 1989” by
S. O. 1229 (E) of 2020 dated 31-03-2020.
2. Substituted for “Government Gazette” ibid.
3. Substituted for “whole State” ibid.
268 BRICK KILNS (REGULA TION) ACT, 2010
15. Restrictions on sale by manufacturer and dealers. ––(1) No
manufacturer or dealer shall sell or offer for sale or otherwise dispose off, to
any person bricks for a price or at a rate exceeding the maximum fixed under
section 13.
(2) Where bricks are sold, offered for sale or otherwise disposed off in
contravention of sub-section (1), by a manufacturer or dealer or through any
person employed by him or acting on his behalf, such person and also unless
they prove that they exercised due diligence to prevent such contravention,
the manufacturer or dealer, as the case may be, and any person having the
charge on behalf of the manufacturer or dealer of the place where such
contravention occurred, shall be liable to punishment provided by section 21,
whether or not they were present when the contravention occurred.
16. Sale bill.–– Every consignment of bricks whether carried by
vehicles, carts or any other mode or stored/delivered shall invariably be
accompanied by a valid sale bill as prescribed under law in force on the subject
indicating the quality, price and tax charged and the consignment not
accompanied by such document shall be liable to seizure and the kiln owner
shall be subject to prosecution under law.
17. Maintenance of accounts.–– Every licensee shall maintain an
accurate account of all the purchases of raw material, quantity, sale of bricks
and other expenses incurred and such records shall be open to inspection to
the licensing authority or any other officer authorised in this behalf by the
Government or the Licensing Authority.
18. Refusal to sell.–– No manufacturer or dealer shall refuse to sell
bricks to any person if he is holding stock for such sale. Such refusal by the
manufacturer or dealer shall constitute an offence under 1[any law] in force on
the subject.
19. Delegation of powers.–– The Government may, by notification in
the *[Government Gazette], direct that the powers exercisable by it under
section 13 shall, subject to such conditions, if any, as may be specified in the
direction, be exercisable also by such officer or authority subordinate to it, as
may be notified.
1. Substituted for “the Hoarding and Profiteering Prevention Ordinance, Samvat 2000 and any
other law” by S. O. 1229 of 2020 dated 31-03-2020.
* Now Official Gazette.
BRICK KILNS (REGULA TION) ACT, 2010 269
20. Appeals. ––(1) Any person aggrieved by a decision of the licensing
authority may, within a period of thirty days from the date on which the decision
is communicated to him, prefer an appeal to Appellate Authority as may be
appointed by the Government in this behalf ; provided that the Appellate
Authority may entertain the appeal after the expiry of the said period of thirty
days but not later than sixty days if it is satisfied that the appellant was
prevented by sufficient cause from filing the appeal in time.
(2) On receipt of any appeal under sub-section (1), the Appellate
Authority shall, after giving the appellant an opportunity of being heard,
dispose of the appeal as expeditiously as possible.
21. Penalties. ––(1) If any person contravenes or abets contravention
of any of the provisions of this Act or the rules made thereunder, he shall be
punished with imprisonment for a term which may extend to two years or with
fine which may extend to fifty thousand rupees, or with both.
(2) If the person punishable under sub-section (1) is a company or
other body corporate, every Director, Manager, Secretary, other Officer or Agent,
thereof shall, unless he proves that the contravention took place without his
knowledge and that he exercised all due diligence to prevent such
contravention, be deemed to be guilty of such contravention.
22. Cognizance of offence. ––No court shall take cognizance of any
offence punishable under this Act except on a report in writing of the facts
constituting such offence made by licensing authority or any person duly
authorised by the Government in this behalf.
23. Licensing authority to be public servant.–– The licensing authority
and every person duly authorised to discharge any duties imposed on him by
or under this Act shall be deemed to be a public servant within the meaning of
section 21 of the 1[Indian Penal Code (45 of 1860)].
24. Power to exempt.–– The Government may, by general or special
order, exempt any area from the operation of any or all provisions of this Act
and may, modify or vary or rescind any such order.
25. Protection of action taken under the Act.–– No suit, prosecution
or other legal proceeding shall lie against any officer or authority for anything
which is in good faith done or intended to be done in pursuance of this Act or
1. Substituted for “State Ranbir Penal Code” by S. O. 1229 (E) of 2020 dated 31-03- 2020.
270 BRICK KILNS (REGULA TION) ACT, 2010
any rule or order made thereunder. No suit or other legal proceedings shall lie
against the Government for any damage caused or likely to be caused by
anything, which is in good faith done or intended to be done in pursuance of
this Act, or any rule or order made thereunder.
26. Power to make rules. ––(1) The Government may, by notification
in the *[Government Gazette], make rules for carrying out the purposes of this
Act.
(2) In particular and without prejudice to the generality of the foregoing
power, such rules may provide for all or any of the following matters, namely: ––
(a) the form of application for grant of licence under section 6
and the particulars it may contain ;
(b) the manner in which an investigation is to be made in respect
of an application for a licence and matters to be taken into
account in granting or refusing a licence ;
(c) the form of application for renewal of licence and the
particulars it may contain ;
(d) the form of licence which may be granted ;
(e) the conditions subject to which the licence may be granted
or renewed ;
(f) the royalty to be paid by a Brick Kiln owner under section 11 ;
(g) the form and manner in which appeals may be filed under
section 20 and the procedure to be followed by Appellate
Authority in disposing of appeals ; and
(h) any other matter which has to be prescribed under this Act.
27. Power to give directions. ––The Government may, from time to
time, give directions to the licensing authority for carrying out the purposes of
this Act and the rules made thereunder.
* Now Official Gazette.
BRICK KILNS (REGULA TION) ACT, 2010 271
28. Repeal and saving. ––(1) If immediately before the commencement
of this Act, there is in force in the *[State] any law, rule or order relating to the
matter regulated under this Act that law, rule or order, as the case may be, shall
stand repealed.
(2) Notwithstanding such repeal, nothing in this Act shall affect
validity, effect or consequence of anything done or suffered to be done under
the said law, rule or order before the date on which the provisions of this Act
come into force.
_____
* Now Union territory of Jammu and Kashmir.
272 BRICK KILNS (REGULA TION) ACT, 2010

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