The provincial government of Khyber Pakhtunkhwa has decided to regulate, installation and operation of power crushers in the province and for this purpose a piece of legislation has already been introduced in the provincial legislature.
The Act may be called the KP Power Crushers (Installation, Operation and Regulation) Act, 2019 shall be extended to whole of the KP and shall apply to all forms of power crushers used in cutting, refinement, crushing, grinding of stones, minerals and rocks and shall come into force at once.
After the promulgation of the Act no person shall be allowed to install or operate a power crusher unless he has a valid license granted by the licensing authority.
Any person who intends to install a power crusher will apply to the Licensing Authority for the grant of license and any person, who is already operating a power crusher without a license on the commencement of the Act shall apply to the Licensing Authority within thirty days from the date of commencement of this Act, for the grant of license and in case of non compliance, such person shall be dealt in the manner as provided under the law.
The application for the grant of license will be accompanied by such, documents and details as may be described and the licensing authority after inquiry as it may deem appropriate, grant license to person in the manner as may be prescribed.
The license granted under this Act will be valid for a period of one year and shall be renewable every year, on payment of such fee as prescribed for the grant of license and renewal application shall be made within thirty days prior to the expiry of the license. On delaying the renewal of license, late payment charges shall be paid in the prescribed manner.
Under the law, no license shall be granted for installation and operation of power crusher without maintaining a safe distance as may be prescribed from the location like mosque, school, hospital, canal, tunnel, transmission line, orchard, forest, major road, bridge, human dwelling and any other strategic location.
If any person has installed or intending to install or is operating power crusher without maintaining the safe distance or the power crusher was found causing hazard, the licensing authority or authorized officer may pass an order directing such person to shift such power crusher to a safe distance from such a location or may seal the premises.
Under the proposed law, the licensing should be made bound for the cleanliness of the premises where power crusher and also provide for spittoons, safety equipment, personal protection equipments like helmets, gloves, glasses, masks, latrines and urinals for workers.
The licensee will also be responsible for ventilation, lighting, drinking water as well as artificial humidification; compulsory vaccination and inoculation of workers, disposal of dust fumes, noise reduction; water and solid waste management plans for the disposal of special focus on its treatment, recycling and re-use in line with best practices in vogue in the industrial sector; fencing of machinery and fire safety equipment; control of pollution, noise, effects of blasting and dust; and installation of water sprayers.
The licensing authority or authorized officer may inspect any power crusher for compliance of provisions of this Act and the rules on routine and annual basis in the prescribed manner.
In case of violation of the provision of the Act and the rules, the licensing authority or authorized officer shall impose fine which may extend to Rs 500,000 or seal the premises or both. The authority after giving an opportunity of being heard, cancel the license.
In case of the installation of power crusher without license, the licensing authority or authorized officer may, either pass an order directing such person to stop such installation or operation of such power crusher or seal the premises, as the case may be.
Any person involved in the installation of the power crusher without license shall be punished with imprisonment for a term which may extend to one year or with a fine which may extend to Rs 500,000 or with both.
Copyright Business Recorder, 2019
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