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The East Punjab Conservation of Firewood Supplies Act, 1949 Complete Act - Bare Act

StateHaryana Government
Year
Act Info:
THE EAST PUNJAB CONSERVATION OF FIRE WOOD SUPPLIES ACT, 1949

THE EAST PUNJAB CONSERVATION OF FIRE WOOD SUPPLIES ACT, 1949

East Punjab Act No. 2 of 1949.
[Received the assent of His Excellency the Governor on the 21st March, 1949, and first published in the East Pun jab Government Gazette (extraordinary) of March 25, 1949.]
An Act for the Conservation of Firewood Supplies in (
Substituted for the words "East Punjab" by Adaptation of Laws Order, 1950
) [Punjab].
It is hereby enacted as follows :"

1. Short title and extent.
(1) This Act may be called the East Punjab Conservation of Firewood Supplies Act, 1949.
(2) It extends to the whole of the (Substituted for the word "Provincial" by the Adaptation of Laws Order, 1950) [State] of (Substituted for the words "East Punjab" by Adaptation of Laws Order, 1950) [Punjab].

2. Definitions-
In this Act, unless there is anything repugnant in the subject or context ,"
(a)
'Firewood' means any kind of wood used for burning, and includes charcoal, saw-dust, char coal 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 (Substituted for the word "Provincial" by the Adaptation of Laws Order, 1950) [State] Government;
(b)
'Dealer' means any person who deals in fire wood 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; and
(d)
'Kiln' means a structure used for firing bricks.

3. Powers to control

supply distribution or use of firewood.
The (Substituted for the word "Provincial" by the Adaptation of Laws Order, 1950) [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 firewood :"
(a) for regulating by licenses, 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 firewood 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 thereto, as may be specified in the order;
(g) for any incidential 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 or issue of licences, permits or other documents, and the charging of fees therefor.

4.

Delegation of powers.
The (Substituted for the word "Provincial" by the Adaptation of Laws Order, 1950) [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 sub ordinate to the1 [State] Government as maybe specified in the order.

5. Effect of orders inconsistent with other enactment.
Any order made under section 3 shall have effect notwithstanding anything inconsistent 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 contra vened shall be forfeited to the (Substituted for the word "Provincial" by the Adaptation of Laws Order, 1950) [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 there of 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 guility 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 informa tion, makes any statement or furnishes any in formation which is false in any material parti cular 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 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, 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, presume that such order was so made by the authority.

13. Protection of action taken under the Act.
(1) No suit, prosecution 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 legal proceeding shall lie against the (Substituted for the word "Crown" by the Adaptation of Laws Order, 1950) [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.
Haryana State Acts


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