1949 : East Pb. Act IL] coNservarioy OF FI SUPPLIES REWOOD 363 { THEEASTPUNJAB CON SERVATION OF SUPPLIES ACT, 1949, FIREWOOD TABLE OF CONTENTS, Sections.
v 1. Short title and extent,
2. Definitions,
3. Powers to control supply, distribution or use of firewood,
4. Delegation of Powers,
5. Bffects of orders inconsistent with other enactments,
6. Penalities,
7. Attempts and abetments, 8, Offences by corporations,
9. False statements, 10, Cognizance of offences.
11, Powers to try offences summarily.
3 12. Presumption as to orders.
13. Protection of action taken under the Act.
14. Repeal.
1949 : East Pb. Act IL.] CONSERVATION OF FIREwWOOD 365 SUPPLIES 1THE EAST PUNJAB CONSERVATION O SUPPLIES ACT, 1949. F FIREWOOD EAst PUNJAB ACT No. II OF 1949, [Received the assent of his Excellency the G 21st March, 1949, and first published in t‘l,z‘;erg;to 'll’li}:fi jab Government Gazette (Extraordinary) of March 25 1949]. ’ 1 3 ! 2 4 Year No. Short title Whether repealed or otherwise affected by legislation 1949,, | 11 The East Punjab Conservation of Firewood Supplies Act, 1949 Amended in part by the Adaptation of Laws Order, 1950.
Amended in part by the Adaptation ?gsliza\ws (Third Amendment) Order, Extended to the territories which, immediatly before 1st November, 1956, were composed in the State of Patiala and East Punjab States Union by Punjab Act. 5 of 19572 Amended by the Punjab Reorganisation (Chandigarh) (Adaptation of Lawson State and - Concurrent Subjects) Order,
1968.
An Act for the Conservation of Firewood Supplies in °[Punjab] It is hereby enacted as follows :— .
1. (1) This Act may be called the East Punjab Con- Short title and servation of Firewood Supplies Act, 1949.. . ffl -
(2) It extends to the whole of the‘[Union Territory o igarh]. - .
Chanzc'l gIn zhis Act, unless there is anything repugnant 1N pefinitions.
the subject or context,— .
(Ja) “Firewood’ means any kind of wood u :edhf;l:
burning, and includes charcoal, §aw-du;
s (;n T coal dust, brushwood, wooden chips or snavi gcfi but does not include timber classified as s?of and owned or sold as such by any Departmen the 5[Central Government]. o t Gazette TFor Statement of Objects and Reasons, see East Punjfibbf";’s;‘"‘ng:s‘ Punjab (Extraordinary), 1949, page 41 ; for proceedings in the Az;el'f_ag’ - Legislative Assembly Debates, volume IIl , 1949, pages ‘Government Gazette, For Statement of Objects and Reasons, se¢ Punjab (Bxtraordinary), 1957, page 339 daptation of Laws (Third A c; Substituted for the words “East Punjab” by the Adap b Reorganisation my . Y j S wountuged for the words “State of Punjab” by the PUlec, 6 ger 1965, (Chandigarhy (Adaptation of Laws on State and Concurren!
*Substituted for the words State Goverament” by - 366 CONSERVATION OF FIREWOOD [1949 : Eastpy, Aty SUPPLIES A : r’ means any ‘person ‘who deajs in £ i 2::1; or holds stocks of firewood for sale a.lrf‘=~ includes his representative or agent ; d.
(c) ‘Factory’ means a factory as defineq in g tion 2(m) of the Factories Act, 194g sand o%’,‘,]l
(d) “Kiln’ means a structure used for firing bricks, Powers to control P . The '[Central Government] so fa; asit appearg » o or use b e to bg necessar[y or expedient for conserving or _maifltainin]; Wood. supplies or for securing their equitable distribution ang availability at fair prices, may by notified order proyiqq i regard to firewood — . X (@) for regualting by licences, permits or otheryjs, the use, storage, distribution, mport, transpor acquisition, disposal and consumption of fire. wood including its acquisition and consumptiop in ‘kilns ‘and factories ; )
(b) for regulating by licences, permits or otherwise the manufacture of charcoal ;
(¢) 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 Tegulating of the aforesaid matters ;
(f) for requiring dealers or factory ard kiln owners, to maintain and i i B ; regarding firewood and to furnish such information relating thereto, as may be specified in the order ; (2) for any incidental and suppleme .tary matters Including in Pparticulars the entering and search of premises » Vehicles, boats, the seizure by 2 person authorised to make such search of the which such person has § be com or issue of Ticences, po mitted, the grant ¢ TINitS or thejr documents, and charging of fees therefor.
*Substituted for the words « ation (Chandigarh) (Adaptation ., lgz“].s' State - Government” by (e Punjab Reori 1968. cdefs of Laws on-State and concurrent subjects) © 1949 : East Pb. Act IL] conservatioy, op FIRE SUPPLIES WooD 367
4. The "[Central Governmen;: .
in the Government Gazette, direct]-tgiy ’hby Order notified Dekgaion I ¢ t e Powers, orders under section 3 shall_, 1n relation to sggl;vgatt?e;n:rlfg subject to such conditions, ifany, as may be specified in the orler, be exercisible also by such of ficer or:authority sy.- ordinate to the '[CenteralGovernmen o e order t]asmay be sp-cified
5. Any order made under section 3 shal notwithstanding anything inconsistent therewith contain- inconsistent vith ed in any enactment other than this Act or in any instru other enactments.
ment having effect by virtue of any enactment othe; than this Act. y of | have effect Efict of orders
6. 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, ard if the order so provides, any court trying such contravention may direct that any property in res- pect of which the court'is satisfied that tge order has been contravened shall be forfeited to the'[Central Government].
7. Any person who attempts to contravene or abets a Mtempts and abet contravention of any order under section 3 shall be deem- ™" ed to have contravened that' order.
Penalties.
8. If the person contravening an order made under pggfms by cor 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 dl];e diligence to prevent such contravention, be deemed to be 8uilty of such contravention:
9. If any person— False statements.
i ired by any order made under-section ® vghfg t;:g(l:gnyvs{atenylent or furnish any 1nfor1ji11al:
tion, makes-any statement” or- furnishes ail-nyartiformation which is false in any materia ogable cular and which he knows or has retasbelieve cause to believe to be false; or does'no to be true; or
(i) makes any such statement:as afqreSalgeturn o¥ book, account, record, declaration, _ = jab. . Reorganisation - » 2 by the Punjab- 1968 1Substituted for the words,*‘State Government bjects), Order, (Cltndigach) (Adspration of Laws on. Siate and Concurtent Subics Cognizance offences, Power ¢ ofieneeso 368 CONSERVATION OF FIREWOOD [1949': Eag Ph. o SUPPLIES ‘ N o .
ther document which he is requireq :ucli order to maintain or furnish ; by 3y he shall be punishable with imprisonment for a term v may extend 1tJo three years or with fine or with both, Which of 10. An offence committed under this Act shal] be cognizable,
11. Any Magistrate or Bench of Magistrtes €M vy, ¥ powered for the time being to try ina summary way th, | ™ offences specified in sub-section (7) of Section 260 of the Code of Criminal Procedure, 1898, may , on application iy this behalf being made by the prosecution try ! 1n accordance with the provisions contained in Sections 262 to 265 of the said Code any offence punishable under this Act.
Presumption as to 12. (1) No order made in exercise of any power con- Protection of ) prosecution or other legal proceeding action taken under shal . T N the Act.
ferred by or under this Act shall be called in question in any court.
(2) Where an order purports to have been made and1om 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. , () No suit, K l&nhtifitedfox!hemsw.ibyh Adaptation of Laws Order, 195