The East Punjab Conservation of Firewood Supplies Act, 1949
East Punjab Act 2 of 1949
LEGISLATIVE HISTORY
• Amended in part by the Adaptation of Laws Order, 1950.
• Amended in part by the Adaptation of Laws Order, 1951.
• Extended to Pepsu Territories by Punjab Act No. 5 of 1957.
• Amended by Haryana Adoption of Laws Order.
Statement of Objects and Reasons
East Punjab is heavily deficit in Firewood Supplies. Most of
the Forest plantations which used to feed the deficit towns before the
partition have fallen to the share of the West Punjab. The surplus areas within
the Province from where firewood supplies can be arranged for these towns are
Ambala and Karnal districts in which, too, supplies are being rapidly
exhausted. The chances of imports from outside the Province are very remote.
Certain power were acquired for conserving firewood supplies under the Punjab
Public Security Act; but these powers could not be extended to the whole of the
Province as the Act does not admit of provincial application. There are certain
other powers necessary for the purpose, but could not be acquired under the Act.
In order to achieves this object the East Punjab Conservation of Firewood
Supplies Ordinance, 1948, was promulgated. It is now proposed to replace this
Ordinance by a bill.
Vide East Punjab Government Gazette Extraordinary, dated the
14th February, 1949.
The East Punjab Conservation of Firewood Supplies Act, 1949
1.
Short title and Extent. - This Act may
be called the East Punjab Conservation of Firewood Supplies Act, 1949.
(2) It extends to the whole of the [State]
of [Haryana].
(a)
'Firewood' means any kind of wood used for burning, and includes charcoal,
saw-dust, charcoal, dust, brushwood, wooden chips or shavings; but does not
include timber classified as such and owned or sold as such by any Department
of the [State] Government ;
(b)
'Dealer' means any person who deals in firewood or holds stocks of firewood for
sale and includes his representative or agent;
(c)
'Factory' means a factory as defined in section 2(m) of the Factories Act, 1948
(LXIII) of 1948); and
(d)
'Kiln' means a structure used for firing bricks.
3.
Powers to control supply, distribution or use of firewood. - The [State] Government, so far it appears to it to be
necessary or expedient for conserving or maintaining supplies or for securing
their equitable distribution and availability at fair prices; may by notified
order provide in regard to firewood:-
(a)
for regulating by licences, permits or otherwise the use, storage,
distribution, import, transport, acquisition, disposal and consumption of
firewood including its acquisition and consumption in kilns and factories;
(b)
for regulating by licences, permits or otherwise the manufacture of charcoal;
(c)
for controlling the prices at which firewood may be brought or sold by dealers;
(d)
for requiring any dealer holding stocks of firewood to sell the whole or
specified part of the stock at such prices and to such persons or class or
persons or in such circumstances as may be specified in the order;
(e)
for collecting any information or statistics with a view to the regulating of
the aforesaid matters;
(f)
for requiring dealers or factory and kiln owners, to maintain and produce for
inspection such accounts and records regarding firewood and to furnish such
information relating thereto, as may be specified in the order;
(g)
for any incidental and supplementary matters including in particular the
entering and search of premises, vehicles, boats, the seizure by a person
authorised to make such search of the firewood in respect of which such person
has reason to believe that contravention of any order made under this Act has
been, is being or is about to be committed, the grant of issue of licences,
permits or other documents, and the charging of fees therefor.
4.
Delegation of Powers. - The [State] Government may, by
order notified in the Government Gazette, direct that the power to make orders
under section 3 shall, in relation to such matter and subject to such
conditions, if any, as may be specified in the order, be exercisable also by
such officer or authority subordinate to the [State] Government as may be
specified in the order.
5.
Effect of orders inconsistent with other enactments. - Any order made under section 3 shall have been effect
notwithstanding anything inconsistent therewith contained in any enactment
other than this Act or is any instrument having effect by virtue of any
enactment other than this Act.
6.
Penalties. - If any person contravenes any
order made under section 3 he shall be punishable with imprisonment for a term
which may extend to three years or with fine or with both, and if the order so
provides, any court trying such contravention may direct that any property in
respect of which the Court is satisfied that the order has been contravened
shall be forfeited to the [State] Government.
7. Attempts and abetments. - Any person who attempts to contravene or abets a
contravention of any order under Section 3 shall be deemed to have contravened
that order.
8. Offences by corporations. - If the person contravening an order made under section 3
is a company or other body corporate, every Director, Manager, Secretary or
other officer or agent thereof shall, unless he proves that the contravention
took place without his knowledge and that he exercised all due diligence to
prevent such contravention, be deemed to be guilty of such contravention.
9. False Statements. - If any person -
(i)
when required by any order made under section 3 to make any statement or
furnish any information, makes any statement or furnishes any information which
is false in any material particular and which he knows or has reasonable cause
to believe to be false, or does not believe to be true; or
(ii)
makes any such statement as aforesaid in any book, account, record,
declaration, return or other document which he is required by any such order to
maintain or furnish;
he shall be punishable with
imprisonment for a term which may extend to three years or with fine or with
both.
10. Cognizance of offences. - An offence committed under this Act shall be cognizable.
11. Power to try offences summarily. - Any Magistrate of Bench or Magistrate empowered for the
time being to try in a summary way the offences specified in sub-section (1) of
section 260 of the Code of Criminal Procedure, 1898 (V of 1898), may on
application in this behalf being made by the prosecution try in accordance with
the provisions contained in sections 262 to 265 of the said Code any offence
punishable under this Act.
12. Presumption as to orders. - (1) No order made in exercise of any power conferred by
or under this Act shall be called in question in any court.
(2) Where an order purports to have
been made and signed by an authority in exercise of any power conferred by or
under this Act, a court shall, within the meaning of the Indian Evidence Act,
1872, (1 of 1872) presume that such order was so made by the authority.
13. Protection of action taken under
the Act. - No suit, prosecution or other
legal proceeding shall lie against any person for any thing which is in good
faith done or intended to be done in pursuance of any order made under section
3.
(2) No suit or other legal
proceedings shall lie against the [Government] for any damage caused or likely
to be caused by anything which is in good faith done or intended to be done in
pursuance of any order made under section 3.
14. Repeal of East Punjab Ordinance
No. XXVI of 1948. - The East Punjab Conservation of
Firewood Supplies Ordinance is hereby repealed; but all orders already passed
under the said Ordinance shall be deemed to have been passed under this Act.
Courtesy:- Legal Point Foundation
No comments:
Post a Comment