Company : Sol Infotech Pvt. Ltd. Website : www.courtkutchehry.com East Punjab Conservation Of Fire-Wood Supplies Act, 1949 2 of 1949 [25 March 1949] CONTENTS 1. Short Title And Extent 2. Definitions 3. Powers To Control Supply, Distribution Or Use Of Firewood 4. Delegation Of Powers 5. Effect Of Orders Inconsistent With Other Enactments 6. Penalties 7. Attempts And Abetments 8. Offences By Corporations 9. False Statements 10. Cognizance Of Offences 11. Power To Try Offences Summarily 12. Presumption As To Orders 13. Protection Of Action Taken Under The Act 14. Repeal Of East Punjab Ordinance No. 26 Of 1948 East Punjab Conservation Of Fire-Wood Supplies Act, 1949 2 of 1949 [25 March 1949] Amended in part by the Adaptation of Laws (Third Amendment) Order, 1951. Extended to the territories which immediately before the 1st November, 1956, were comprised in the State of Patiala and East Punjab States Union, by Punjab Act 5 of 19572. Amended by the Haryana Adaptation of Laws (State and Concurrent Subjects) Order, 19683 PREAMBLE An Act for the Conservation of Firewood Supplies in 4[Haryana] It is hereby enacted as follow :- 1. For Statement of Objects and Reasons, see East Punjab Government Gazette, (Extraordinary), 1949, page 41 for proceedings in the Assembly, see East Punjab Legislative Assembly Debates, Volume III, 1949, pages 621-30. 2. For Statement of O b j e c t s and Reasons, see Punjab Government Gazette (Extraordinary), 1957, page 339. 3. See Haryana Government Gazette (Extraordinary), dated the 29th October, 1968, pages 531- 567. 4. Substituted for the words"Punjab " by the Adaptation of Laws Order, 1968. 1. Short Title And Extent :- (1) This Act may be called the East Punjab Conservation of Fire- wood Supplies Act, 1949. (2) It extends to the whole of the 2[State] of 1[Haryana]. 1 . Substituted for the words"Punjab " by the Adaptation of Laws Order, 1968. 2. Substituted for the word "Province" by the Adaptation of Laws Order, 1950. 2. Definitions :- In this Act, unless there is anything repugnant in the subject or context,- (a) Fire-wood 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 1[State] Government; (b) Dealer means any person who deals in fire-wood or holds stocks of fire-wood for sale and includes his representative or agent; (c) Factory means a factory as defined in section 2(m) of the Factories Act, 1948; and (d) Kiln means a structure used for firing bricks. 3. Powers To Control Supply, Distribution Or Use Of Firewood :- The 1[State] Government, so far as 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 fire-wood :- (a) for regulating by licences, permits or otherwise the use, storage, distribution, import, transport, acquisition, disposal and consumption of fire-wood 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 fire-wood may be bought or sold by dealers; (d) for requiring any dealer holding stocks of fire-wood to sell the whole or specified part of the stock at such prices and to such persons or class of 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 there to, as may be specified in the order; (g) for any incidental and supplementary matters including in particuar 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 or issue of licences, permits or other documents, and the charging of fees therefor. 1. Substituted for the word "Provincial" by the Adaptation of Laws Order, 1950. 4. Delegation Of Powers :- The 1[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 1[State] Government as may be specified in the order. 1. Substituted for the word "Provincial" by the Adaptation of Laws Order, 1950. 5. Effect Of Orders Inconsistent With Other Enactments :- Any order made under section 3 shall have effect notwithstanding anything inconsitent therewith contained in any enactment other than this Act or in 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 conravened shall be forfeited to the 1[State] Government. 1. Substituted for the word "Provincial" by the Adaptation of Laws Order, 1950. 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 aforsaid 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 or Bench of Magistrates 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 prosecution 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, presume that such order was so made by the authority. 13. Protection Of Action Taken Under The Act :- (1) No suit, prosection or other legal proceeding shall lie against any person for anything 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 legel proceeding shall lie against the 1[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. 1. Substituted for the word "Crown" by the Adaptation of Laws Order, 1950. 14. Repeal Of East Punjab Ordinance No. 26 Of 1948 :- T he 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.