Act No.22 of 1992

An Act made to amend the Brick Kiln (Control) Act, 1989

Whereas it is expedient to amend the Brick Kiln (Control) Act, 1989 (Act No.8 of 1989) for the
following purposes;

Now, therefore, it is enacted as follows:-

1. Short title.- This Act may be called the Brick Kiln (Control) (Amendment) Act, 1992.

2. Amendment of section 2 of Act No.8 of 1989.- For clause a) of section 2 of the Brick Kiln
(Control) Act, 1989 (Act No. 8 of1989), hereinafter referred to as the said Act, shall be
substituted the following clause, namely:-

     "(a) "fuel" means any fuel except the dead roots of bamboo."

3. Amendment of section 4 of Act No.8 of 1989.- In section 4 of the said Act,-

     a) sub-section (2), for the words "the chairman of the Upazila Parishad" shall be
     substituted by the words "the Zila Administrator";
     b) in sub-section (3), for the words "the chairman of the Upazila Parishad" shall be
     substituted by the words "the Zila Administrator";
     c) in sub-section (4), for the words "the chairman of the Upazila Parishad" shall be
     substituted by the words "the Zila Administrator".

4. Amendment of section 5 of Act No.8 of 1989.- In section 5 of the said Act, for the word
"firewood" shall be substituted the word "fuel".

5. Substitution of section 6 of Act No.8 of 1989.- For sectrion 6 of the said Act shall be
substituted the following section, namely:-

     "6. Inspection.- (1) The Zila Administrator or any person authorized by him in this
     behalf may without any kind of notice inspect any brick kiln in order to ascertain
     whether or not any section of this Act has been violated.
     (2) If during an inspection under sub-section (1) the officer who conducts the
     inspection is of the opinion that fuel had been used to burn the bricks which are
     stored in the brick kiln, he may seize all the bricks found in the brick kiln and the
     fuel, if any."

6. Amendment of section 7 of Act No.8 of 1989.- In section 7 of the said Act, for the words
"with a fine up to 10000 Taka, or with both punishments" shall be substituted by the words,
commas and number "with a fine up to 50000 Taka, or both punishments and the Court may, if
during the trial of the offence it comes to the decision that the bricks and fuel seized under section
5 should be confiscated, give order to confiscate the said bricks and fuel".

7. Substitution of section 8 of Act No.8 of 1989.- For section 8 of the said Act shall be
substituted the following section, namely:-

     8. Cognizance.- No court may take cognizance of any offence under this Act
     without a complaint in written form from the Zila Administrator or any person
     authorized by him in this behalf.
     (2) Notwithstanding anything contained in any other Act, every offence punishable
     under this Act shall be cognizable."

8. Repeals and savings.- The Brick Kiln (Control) (Amendment) Ordinance, 1992 (Ordinance
No.2, 1992) is herewith repealed.
(2) Notwithstanding such repeal, any action done or measure taken under the said Act amended
by the repealed Ordinance shall be deemed to have been done or taken under the said Act
amended by this Act.