(1) Any person desiring to establish a brick kiln [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.
(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) [Every application under sub-section (1), sub-section (2) and subsection (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.
(5) [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 [seven years] [and punitive action by way of imposing such fine as may be prescribed by the Licensing Authority] shall be taken for noncompliance as per the rules to be framed under this Act ;
(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.