Brick Manufacturing and Brick Kilns Establishment (control) Act 2013

2(d) 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;

2(g) Brick kiln means any place and infrastructure where the bricks are
manufactured for commercial purposes

Section 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 bricks kiln without taking
license from the Deputy Commissioner of the district in which the brick kiln the
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.

Section 5 Control and reduction of the use of soil

1. Notwithstanding anything contained in any other law for the time being in
force, no person shall use the soil as a raw material in brick manufacturing, after
cutting or collecting it from agricultural land or hill or hillock.

2. Without the approval of the appropriate authorities, no person shall cut or

collect soil for the purpose of brick manufacturing, from dead pond, 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 a raw material, minimum 50 %
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 of rural roads made by the Local Government
Engineering Department.

Section 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.

Section 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.

Section 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;

(f) 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 (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 sub section (3), he will transfer the said brick kiln in a
proper place according to the provisions of this Act, within 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;

(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.

Section 9 Issuance of license, expiration and renewal thereof.

(1) 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
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
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 give 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.

(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, as 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.

Section11 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 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.

Section 19 Trial court, cognizance of offence, trial etc.

(1) Notwithstanding anything contained in 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 than 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.

Section 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.

Section 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.