Brick Kiln Act, 2013

Un-official English Version

The Brick Manufacturing and Brick Kilns Establishment (Control) Act, 2013 (Act no. 59 of 2013) [Bangla text of this Act was published in the Bangladesh Gazette, extra-ordinary issue of 20.11.2013]

An Act to provide for the control of activities relating to brick manufacturing and brick kiln establishment and to re-enact with some amendments by repealing the existing law. WHEREAS it s expedient and necessary to establish control over brick manufacturing and brick kiln establishment for the interest of conservation and development of environment and biodiversity and to re-enact by repealing existing law relating to it; It is hereby enacted as follows: 1. Short title and commencement.  (1) This Act may be called The Brick Manufacturing and Brick kilns Establishment (control) Act, 2013. (2) It shall come into force on such date as the Government May, by notification in the official Gazette specify. 2. Definitions.  In this Act, unless there is anything contrary in the subject or context,  “agricultural Land” means any land which is used to produce agricultural products more than one in a year; [Ref. Clause (i)] “brick” means sand and cement, or any building materials manufactured by the soil in brick kiln; [Ref. clause (e)] “brick kiln” means any place or infrastructure where the bricks are manufactured for commercial purposes; [Ref. clause (g)] “brick kiln establishment” means any activity to select location and building infrastructure for brick manufacturing, but it shall not include brick manufacturing; [Ref. clause (h)] “brick kiln of modern technology” means any brick kiln which is energy efficient and with advanced technology, namely; Hybrid Hoffman Kiln, Zigzag Kiln, Vertical Shaft Brick Kiln, Tunnel Kiln, or other similar kiln; [Ref. Clause (d)] “brick manufacturing” means a process by which, in a brick kiln, from brick soil collection to mud brick making and burning are performed, by way of manual or mechanical or by both; [Ref. clause (e)] “clearance” means subject to the provisions of this Act, any clearance issued under the Environment Conservation Act or rules made there-under; [Ref. Clause (j)] “Environment Conservation Act” means the Bangladesh Environment Conservation Act, 1995 (Act No. 1 of 1995); [Ref. clause (p)] “Environment Court Act” means The Environment Court Act, 2010 (Act No. 56 of 2010); [Ref. clause (o)] “fuel” means any solid, liquid or gaseous substance used for burning bricks in the brick kiln; [Ref. clause (k)] “fuel wood” means any wood usable as fuel and also includes dead roots of bamboo and date tree; [Ref. clause (l)]

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“Criminal Procedure Code” The Code of Criminal Procedure, 1898 (Act No. 5 of 1892); [Ref. clause (r)] “heavy vehicle” means any vehicle carrying goods more then 3 (three) tones; [Ref. clause (u)] “hill or hillock” means high soil which is created naturally next to the plain land and which is synthesis of soil, stones, soil and stones, soil and grit, or any similar solid substance and any land which is earmarked as hill or hillock in the Governments record; [Ref. clause (q)] “license” means any license issued under this Act; [Ref. clause (w)] “Mobile Court Act” means The Mobile Court Act, 2009 (Act No. 59 of 2009); [Ref. clause (v)] “Offence” means offence punishable under this Act; [Ref. clause (b)] “prescribed” means prescribed by rules or order made under this Act; [Ref. clause (m)] “prohibited area” means any area mentioned in sub-section (1) of section 8; [Ref. clause (n)] “rules” means any rules made under this Act; [Ref. clause (s)] “person” means any company, association or group of persons or partnership firm, whether incorporated or not; [Ref. clause (t)] “search” in the meaning shall not include inquiry or investigation of offence conducted under Environment Court Act or Criminal Procedure Code; and [Ref. clause (c)] “search committee” means a committee formed under section 12. [Ref. clause (a)] 3. Overriding effect of the Act.  Notwithstanding anything contained to the contrary in any other law for the time being in force, the provisions of this Act shall have effect. 4. Brick manufacturing without license is prohibited.  Notwithstanding anything contained in any other law for the time being in force, no person shall manufacture bricks in the brick kiln without taking license from the Deputy Commissioner (DC) of the district in which the brick kiln located: Provided that, such license shall not be required for manufacturing concrete compressed block bricks. Explanation: in this section “concrete compressed block brick” means brick made by concrete, sand and cement. 5. Control and reduction of the use of soil.  (1) Notwithstanding any this contained in any other law for the time being in force, no person shall use the soil as raw material in brick manufacturing, after cutting or collecting it from agricultural land or hill or hillock. (2) Without the approval of appropriate authorities, no person shall cut or collect soil for the purpose of brick manufacturing, fro dead pond, or canal or swampland or creek or deep tank or rivers or haor-baor or char land or fallow land. (3) For the purpose of reducing the use of soil as raw material, minimum 50 (fifty) percent Hollow Brick shall be manufactured in the brick kilns of modern technology. (4) No person shall transport bricks or raw material thereof by heavy vehicles, by using upazila or union or rural roads made by the Local Government engineering Department (LGED).

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6. Using fuel wood is prohibited.  Notwithstanding anything contained in any other law for the time being in force, no person shall use field wood as fuel in brick kilns for burning bricks. 7. Control of using coal.  Notwithstanding anything contained in any other law for the time being in force, no person shall use coal as fuel, containing sulfur, ash mercury or similar material, beyond the prescribed standard, in the brick kilns for burning bricks. 8. Prohibition and control of brick kiln establishment in several places.  (1) Notwithstanding anything contained in any other law for the time being in force, whether there is any clearance or not, after the enforcement of this Act, no person shall establish brick kiln within the boundaries of the following areas, namely: (a) Residential, preserved or commercial area; (b) City Corporation, Municipality or Upazila headquarters; (c) Public or privately owned forests, sanctuary, gardens or wetlands; (d) Agricultural land; (e) Ecologically Critical Area; (e) Degraded Air Shed. (2) After the enforcement of this Act, the Department of Environment (DoE), or any other authority under any law, shall not give permit or clearance or license, by whatever name called, for establish of brick kilns within the boundaries of prohibited area. (3) Any person who has received clearance from the Department of Environment, shall not establish brick kilns in the following distance or places, namely: (a) within minimum 1 (one) kilometer distance, from the boundaries of prohibited area; (b) without the permission of the Divisional Forest officer, within 2 (two) kilometers distance from boundaries of public forest; (c) in case of brick kiln establishment on the top or slope or the surrounding ground surface of any hill or hillock, within minimum ½ (half) kilometer distance from the foot of the said hill or hillock; (d) in case of brick kiln establishment in Hill Districts, in any other place except the place determined by the Hill Districts Environment Development Committee; (e) Within minimum 1 (one) kilometer distance, from any special structure, railways, educational institutions hospitals and clinics, research institution, or any other similar place or institution; and (f) within minimum ½ (half) kilometer distance, from upazila, or union or rural roads made by the Local Government Engineering Department (LGED). (4) Before the enforcement of this section, if any clearance receiver person has already established brick kiln within the boundaries of prohibited area or in a distance mentioned in subsection (3), he will transfer the said brick kiln in a proper place according to the provisions of this Act, with is 2 (two) years time-frame after the enforcement of this Act, otherwise his license shall be canceled. Explanation: In this section,  (a) “residential area” means any area where at least 50(fifty) families reside; (b) “wetland” means any land which is submerged under the water 6 (six) months or more in a year, and which is declared as Ecologically Critical Area;

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(c) “Ecologically Critical Area” means any area declared under section 5 of the Environment Conservation Act; (d) “garden” means any place where there are 100 (one hundred) fruit or forest grown or both kinds of trees in each hectare and also includes tree gardens; and (e) “privately owned forest” means any forest which is recognized as privately owned forest by the Forest Department and whose crown cover is expanding at least 30 (thirty) percent area of forest, and also includes social forest or village forest. 9. Issuance of license, expiration and renewal thereof.  conditions and forms and after submitting prescribed application-fees, documents and information, may file an application to the Deputy Commissioner of the District in which the brick kiln located or any person authorized by him, for license to manufacture bricks: Provided that, any person cannot file such an application without environmental clearance issued under Environment Conservation Act. (2) After receiving the application under sub-section (1), The Deputy Commissioner himself shall review about the authenticity of submitted documents and information given in the application or after sending the application to the Search Committee, he can give order to send a recommendation after searching about the truth of application, within time mentioned in the order. (3) If the Deputy Commissioner is satisfied regarding authenticity of submitted documents and information given in the application of license, by his own review or by the recommendation of Search Committee, he can issue license in favour of applicant, after granting his application with realization of prescribed application fees, subject to the provisions of this Act, in a prescribed procedure, forms and conditions, for brick manufacturing. (4) If the Deputy Commissioner is not satisfied regarding authenticity of submitted documents and information given in the application of license, by his own review or by the recommendation of Search Committee, he may disallow such application: Provided that, the Deputy Commissioner shall not disallow the application of license, without giving the applicant reasonable opportunity of being heard in a prescribed procedure, time and place. (5) Validity of license will exist till 3(three) years from the date of issuing it. (6) Before 30 (thirty) days of expiration of license mentioned in sub-section (5), License shall file an application to the Deputy Commissioner or any person authorized by him, in a prescribed procedure, conditions and form and with prescribe prescribed application fees, documents and information, for renewal of license. (7) After receiving the application of renewal under sub-section (6), the Deputy Commissioner himself may review about the authenticity of submitted documents and information given in the application or after sending the application to the Search Committee, he can given order to send a recommendation after searching about the truth of application, within time mentioned in the order. (8) If the Deputy Commissioner is satisfied regarding authenticity of submitted documents and information given in the application of renewal, by his own review or by the recommendation of Search Committee, he can renew the license of applicant, after granting his application with realization of prescribed application fees.

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Subject to the provisions of this Act, in a prescribed procedure and conditions. (9) If the Deputy Commissioner is not satisfied regarding authenticity of submitted documents and information given in the application of renewal, by his own review or by the recommendation of Search Committee, he may disallow such application: Provided that, the Deputy Commissioner shall not disallow the application for renewal of license, without giving the applicant reasonable opportunity of being heard in a prescribed procedure, time and place. 10. Appeal when application is disallowed.  (1) If the application of license under sub-section (4) of section 9 or the application for renewal of license under sub-section (9) is disallowed, licensee may appeal against the order of disallow, to the Divisional Commissioner or Additional Divisional Commissioner authorized by him, in a prescribed manner and with prescribed fees, documents and information, within 30(thirty) working days from giving the disallow order: Provided that, if the appellant fails to appeal within the time mentioned for reasonable cause, he may file appeal within additional 15 (fifteen) working days with mentioning the cause of delay. (2) After filing an appeal, Divisional Commissioner may call for necessary papers, files or information from the concerned Deputy Commissioner and he shall give a decision after disposing the appeal, in a prescribed manner, within 90 (ninety) days after giving the appellant reasonable opportunity of being heard. (3) Decision given under sub-section (2) shall be regarded as conclusive. 11. Suspension and cancellation of license.  (1) If any person violates the conditions of license or commits any crime punishable under this Act, the Deputy Commissioners may give an order in prescribed manner and conditions, to suspend the enforceability of license of such person up to 90 (ninety) days: Provided that, before the suspension of enforceability of any license, the licensee shall be given the opportunity of being heard in a prescribed manner. (2) Notwithstanding anything contained in sub-section (1), when any fatal environmental degradation is occurred in any brick kiln or areas adjacent to it by the brick kiln, the Deputy Commissioner may give an emergency order to stop the functions of brick kiln, after suspending the enforceability of license at once. (3) If any person convicted by any court in a offence punishable under this Act, the Deputy Commissioner on the basis of such judgment, by order, may cancel his license. 12. Search Committee and functions thereof.  (1) For the purpose of this Act, in each district there shall have a search Committee consisting of following members, namely: (a) an Additional Deputy Commissioner nominated by the Deputy Commissioner, Who shall be the convener of such Committee; (b) Concerned Upazila Nirbahi Officer (UNO); (c) Concerned Upazila Health Officer; (d) Concerned Upazila Agriculture Officer; (e) Divisional Forest Officer or any forest officer nominated by him (not less then the office of Forester); (f) any officer nominated by divisional office or district office of the Department of Environment, who shall be the Member-Secretary of the committee.

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(2) Functions of the Search Committee shall be as follows, namely: (a) to make recommendation to the Deputy Commissioner, regarding issuance or renewal of license after searching in a prescribed manner; (b) to conduct search for justification of violation of any condition for license or Commission of any offence punishable under this Act; (c) to submit data to the Deputy Commissioner after collecting it, from time to time, regarding brick kiln establishment and brick manufacturing; and (d) for the purpose of this Act, any other function determined by the Deputy Commissioner. (3) Search Committee may determine the procedure of its meeting, meeting will be held at date, time and place determined by the convener. (4) Search Committee or any member thereof may, enter into any brick kiln, or interrogate any person, or summon any document. 13. Inspection.  (1) The Deputy Commissioner himself or any officer empowered by him or Upazila Nirbahi Officer or any officer from concerned district office of Department of Environment on concerned Divisional Forest Officer or any officer nominated by him (not less than the office of Forester), hereinafter mentioned as „inspector‟, may, enter into any brick kiln and inspect thereof without any notice at any time, interrogate any person or summon any document for inspection of violation or observance of conditions for license, or commission of any offence punishable under this Act. (2) If it appears to the Inspector during inspection under sub-section (1) that, any offence punishable under this Act has been committed or is being committing, he may seize the goods relating to the offence, namely: bricks, soil, fuel wood, coal, machinery, equipment, materials, papers etc. in a manner mentioned in the Criminal Procedure Code. (3) If any good is seized under sub-section (2), the inspector shall submit a written report on it to the Deputy Commissioner or any officer empowered by him, in the prescribed manner and time. (4) After receiving the report under sub-section (3), the Deputy Commissioner or any officer empowered by him may, himself examine the accuracy and authenticity of such report or after sending the report to the Search Committee, he can given order to send a recommendation after searching about the accuracy and authenticity of report, within prescribed time. (5) The Search Committee on such matter, shall submit a report containing recommendations to the said Deputy Commissioner, after searching, in the prescribed manner (6) If the Deputy Commission is satisfied that, by his own observation or by the report mentioned under sub-section (5),  (a) there is no obligation to file a case, on the basis of allegations raised in the submitted report by the inspector, then he can release the seized goods in favour of licensee, (b) there is an obligation to file a case, on the basis of allegations raised in the submitted report then, he shall order the inspector to fill a case in the court of competent jurisdiction, without releasing the seized goods. 14. Penalty for violation of section 4.  If any person after violating section 4, manufactures bricks in the brick kiln, without taking license from the Deputy Commissioner of the district in which the brick kiln located, and for this he shall be punished with imprisonment up to 1 (one) year or fine up to 1 (one) lac Taka or with both.

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15. Penalty for violation of section 5.  (1) When any person, under section 5 (a) violates the provision of sub-section (1), and for the purpose of brick manufacturing, cuts or collects soil from agricultural land or hill or hillock then use it as raw material of bricks; or (b) violates the provision of sub-section (2), and for the purpose of brick manufacturing, cuts or collects solid from dead pond or canal or swampland or creek or deep tank or rivers or haor-baor or char land or fallow land, without the approval of appropriate authority; for this he shall be punished with imprisonment no more then 2 (two) years or fine not more then 2 (two) lac Taka or with both. (2) If any person, under section 5 (a) violates the provision of sub-section (3), and not manufacture at least 50 (fifty) percent Hollow Brick or compressed block bricks, in the brick kiln of modern technology for the purpose of reducing the use of soil as raw material; or (b) violates the provision of sub-section (4), and transports bricks on raw material thereof by heavy vehicles, by using upazila, union or rural roads made by the Local Government Engineering Department (LGED); for this he shall be punished with fine not more then 1 (one) lac Taka. 16. Penalty for violation of section 6.  If any person after violating the provision of section 6, uses fuel wood for burning bricks in the brick kiln, for this he shall be punished with imprisonment not more then 3 (three) years or fine not more then 3 (three) lac Taka or with both. 17. Penalty for violation of section 7.  If any person after violating the provision of section 7, uses coal as fuel, containing sulfur, ash mercury or similar material, beyond the prescribed standard, in the brick kilns for burning bricks, for this he shall be punished with fine not more then 50 (fifty) thousand Taka. 18. Penalty for violation of section 8.  (1) When any person establishes brick kiln in the prohibited area after violating sub-section (1) of section 8, for this he shall be punished with imprisonment not more then 5 (five) years or fine not more then 5 (five) lac Taka or with both. (2) When any person establishes brick kiln after violating conditions of sub-section (3) of section 8, for this he shall be punished with imprisonment not more then 1 (one) year or fine not more then 1 (one) lac Taka or with both. 19. Trial court, cognizance of offence, trial etc. – (1) Notwithstanding anything contained inn sub-section (2), subject to the provisions of Mobile Court Act, Mobile Court after cognizance of offence punishable under this Act, may give conviction by immediate trial. (2) Subject to the provisions of sub- section (1), any court other then the Environment Court or Special Magistrate‟s Court established under the Environment Court Act, shall not take cognizance of any offence punishable under this Act and shall not try it. (3) All the offences punishable under this Act, shall be non-cognizable and bailable. Explanation: in this section “Mobile Court” means Mobile Court constituted under section (4) of the Mobile Court Act. 20. Confiscation. - When offence is proved in trial, the court after confiscating concerned goods namely : bricks, soil, fuel wood, coal, machinery, equipment, materials, etc. may give order.

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21. Application of Mobile Court Act, Environment Court Act, and Criminal Procedure Code. - Subject to the provisions of this Act, the provisions of Mobile Court Act, Environment Court Act, or in proper case, Criminal Procedure Code shall be applicable for filing complaint regarding any offence punishable under this Act, cognizance, issuance of summon or warrant, bail, investigation, trial, conviction, confiscation, appeal etc. 22. Offences committed by Company etc. – If the offender is a company, the owner, chairman, Managing Director (MD), director, manager, secretary, or any other officer of the company shall be responsible jointly or severally for such offence, unless he proves that such commission of offence was beyond his knowledge or that he exercised due diligence to prevent such commission. Explanation. – in this section : (a) “company” means any statutory public authority or agency whether incorporated or not, any company, partnership firm, association or organization; and (b) “director” means in relation to the company, any member of the board of directors thereof, in relation to partnership firm any partner thereof. 23. Use of information technology. - Subject to the provisions of The Information Technology Act, 2006 (Act No. 36 of 2006), information technology may be used to perform any activity, to impose power and to observe duties under this Act. 24. Text translated into English. – (1) After the enforcement of this Act, the Government shall publish an authentic English text of Bangla text of this Act, by notification in the official Gazette. (2) In case of conflict between the Bangla text and English text, The Bangla text shall prevail. 25. Power to make rules. – The Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Act. 26. Repeal and savings. – (1) Immediately after the Act comes into force, The Brick Burning (control) Act, 1989 (Act No. 8 of 1989), hereinafter referred to as repealed Act, shall be repealed. (2) Notwithstanding repealed by sub-section (1), – (a) anything done or any action taken under the repealed Act, shall be deemed to have been done under the provisions of this Act; (b) when any application submitted under the repealed Act remains under consideration, shall be disposed as per as possible, under the provisions of this Act; and (c) if any proceeding taken under the repealed Act or any case remains pending, it shall be disposed of in such a way as if the said Act has not been repealed. (3) Notwithstanding being repealed under sub-section (1), if any license given under the repealed Act has validity, it shall have effect in such a way as if the said Act has not been repealed, and at least 30 (thirty) days before completion of validity, license shall be renewed under the provisions of this Act.

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