(1) A person desirous to start a brick kiln shall apply for the grant of a licence to the District Magistrate in Form-‘A’ along with site plan, registered lease-deed or ownership.
Proof of the land in which kiln is to be installed and a treasury challan of ten thousand rupees as security to be deposited in the name of the Director under Head of Account No. 8443-Civil Deposits (106) Personal Deposits (01) Personal Deposits.
(2) Subject to the general or special instruction notified by the Government from time to time in this behalf, a licence may, if the site of the kiln is not detrimental to the health of the any general public or to the crops, gardens or nurseries in close proximity thereto and also subject to the provisions of clause 5, be granted or renewed by the District Magistrate in Form-‘B’ and such licence shall be subject to the conditions specified thereto and such other condition as the Director may from time to time specify.
(3) The grant of a licence for the operation of a brick kiln under clause (2) shall further be subject to the following conditions, namely: -
(i) The brick kiln shall not be installed within the radius of one thousand metres from the residential areas in the cities mentioned in the schedule and seven hundred and fifty metres from the residential areas in other towns and villages; [words 750 metres has been substituted by words five hundred metres by the Punjab Control of Bricks Supplies, Price and Distribution Control (First Amendment) Order, 1999.Published in Punjab Government Gazzete (Extra.), dated the 31-12-1999.vide no. 1S(298)99/4389]
Explanation – The radius from the residential area shall be determined from the revenue record i.e from the ‘Phirni’ of the village as determined in the latest proceedings for consolidation of holding of the Department of Revenue and Rehabilitation in the case of village, and the municipal limits in the case of towns, and the notified area limits in the case of Notified Area Committees;
(ii) In case of already installed brick kilns, the licencee shall either shift the brick kiln out of the residential areas or obtain ‘No Objection Certificate’ from the State Pollution Control Board before the Thirty first day of March 1999 (extend to 30.6.02) failing which the licence shall not be renewed;
Provided that no ‘No Objection Certificate’ from the Punjab State Pollution Control Board would be required if the proposed site for installation of new brick kiln is beyond the distances or limits prescribed by Punjab State Pollution Control Board;
(iii) ‘No Objection Certificate’ from Bhakra Beas Management Board or Punjab State Electricity Board shall be obtained in case the vessel of the proposed kiln falls within five hundred metres from the transmission line of 220.K.V.
(iv) No bricks kiln shall be installed within a distance of seven hundred metres from a Mango Orchard and one hundred metres of garden nursery;
Explanation-(1) the distance from Mango Orchard, Garden of nursery shall be determined from the vessel of the kiln;
Explanation-(2) “Garden” means a piece of land measuring one acre (0.4 hectare) or above on which fruit trees are grown and “nursery” means a piece of land measuring one kanal or above where plants are reared for sale or transplatation;
Explanation-(3) “Mango Orchard” means 18 Mango plants or trees or more covering a minimum area of 3.5 kanals of land.
Explanation-(4) Filler fruit like kinnow, peach Guava, Plum, Papaya may be grown in between mango plants or trees till the Mango Orchard comes into commercial bearing viz. after 7-8 years;
(v) No licence shall be issued in the name of a person whose licence has been cancelled earlier for contravention of the provisions of this Order or who has been convicted under section 7 of the Essential Commodities Act, 1955 or section 6 of the East Punjab Control of Bricks Supplies Act, 1949 or contravention of any Order under rule 114 of Defence of India Rules;
(vi) No licence shall be granted in the name of minor persons unless two major working partners are include in the prospective licencee firm;
(vii) No brick kiln shall be installed at a site having distance of less then 100 meters from a schedule road; and
(viii) No person shall be allowed to setup a brick kiln on a site adjoining the land of other brick kiln (this implies that the prospective brick kiln owner shall setup his kiln at such site in his land that the periphery of such brick kiln does not touch the land of the neighboring kiln).