Appointment
of competent authorities and smoke abatemcol officers,
Informatico
about furnaces and fuel Consumers.
Powers of entry and inspection
not reasonably have been provided against, and that the con travention could not reasonably have been prevented by action taken after the failure occurred; or
(iv) that the contravention complained of was due to the combination of two or more of the causes specified in sub- paragraphs (1) to (ii) and that the other conditions specified in those sub-paragraphs are satisfied in relation to those causes respectively.
10. (1) For the purpose of carrying out the provisions of this Ordinance-
(a) the Governor may appoint any public officer by name or
office to be a competent authority; and
(b) the Governor may appoint any public officer by name or
office to be a smoke abatement officer.
(2) Any appointment made under this section shall be published in the Gazerte.
11. (1) For the purpose of enabling a competent authority to perform his functions under this Ordinance, such competent authority may, by notice in writing served on the occupier of any premises, require such occupier to furnish within fourteen days or such longer period as may be specified in the notice, such information as to the furnaces, ovens, chimneys or industrial plant situate on such premises! and the fuel or waste burned in any furnaces or subjected to any process in any ovens as he may reasonably require for that purpose.
(2) Any person who, having been duly served with a notice under this section, fails to comply with the requirements thereof within the time limited or who furnishes any information in reply thereto which | he knows to be false in any material particular, or does not believ| to be true, shall be guilty of an offence and shall be liable to a fine of one thousand dollars.
12. (1) For the purpose of ascertaining the source of any smoke nuisance or whether there is or has been on or in connexion with any premises any contravention of any of the provisions of this Ordinance. any competent authority or any smoke abatement officer may-
(a) inspect any furnace, oven, chimney or industrial plant; (b) require the production of and inspect any records or docu
ments (if any) relating to any furnace, oven, chimney or industrial plant, whether or not the same are required to be kept under this Ordinance; and
(c) seize, carry away and detain any article or thing, or any records or documents which appear to him to provide evidence of any contravention of the provisions of this Ordinance.
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(2) For the purposes of subsection (1), any competent authority or any smoke abalement officer may enter, if need be by force, any premises or place without warrant by day or by night, together with such assistants as he may consider necessary:
Provided that no part of any premises which are used solely for dwelling purposes shall be entered or scorched under the provisions of This section except by virtue of a warrant issued by a magistrate, where such magistrate is satisfied by information on oath that there is reason - able ground for suspecting that an offence against this Ordinance, or any regulations made thercunder, has been, is being or is about to be committed in such part of the premises or that there is in such part of the premises anything likely to be or to contain evidence of such offence.
(3) Any person who resists or obstructs any competent authority or any smoke abatement officer or any assistant referred to in sub- section (2) in the exercise of his duties under this section shall be guilty of an offence and shall be liable to a fine of five thousand dollars.
pdvice.
13. (1) For the purpose of encouraging reduction of smoke, a Issue of competent authority may give advice either generally in the form of codes and codes or particularly in writing or orally to any person operating or maintaining any furnace, oven, chimney or industrial plant relating to the construction, maintenance or manner of using the same or as to fuel to be consumed therein.
(2) Failure on the part of any person to observe the provisions of any such code or to accept any such advice shall not of itself render that person liable to criminal proceedings of any kind, but any such failure may in any proceedings under this Ordinance be relied upon by any party to the proceedings as tending to establish or to negative any liability which is in question in those proceedings.
(3) Any code which may be issued in accordance with the provi- sions of subsection (1) shall be made available to the public free of charge.
14. (1) Where it appears to a competent authority that any Power to fornace, oven, chimney or industrial plant is by reason of unsuitable require
modification design or defective construction or maintenance or excessive wear and or replace-
tar or any other cause creating a greater quantity of smoke than need meat or be, such competent authority may cause a notice to be served upon of furnaces. the occupier of the premises upon which such furnace, oven, chimney ovens, or industrial plant is situate-
(a) requiring him, within such time, not being less than twenty- eight days, as is specified in the notice, to modify, replace,
repair, elc.
chimneys and industriut plants.
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