?& REGISTERED No. D. 321 ^hzt&nutU 11 of Inlbta EXTRAORDINARY
PART II—Section 3—Sub-section (i) PUBLISHED BY AUTHORITY No. 137] NEW DELHI, WEDNESDAY, DECEMBER 27, 1961/PAUSA 6, 1883 MINISTRY OF HOME AFFAIRS NOTIFICATION New Delhi, the 21th December 1961 G.S.R. 1541.—-In exercise of the powers conferred by section 2 of the Union territories (Laws) Act, 1950 (30 of 1950), the Central Government hereby extends to the Union terr i tory of Delhi, the East Punjab Control of Bricks Supplies Act.
1949 (East Punjab Act No. 1 of 1949) as at present in force in the State of Punjab subject to the following modifications, namely:— MODIFICATIONS
1. Throughout the Act, for the words "State Government", the words "Chief Commissioner" shall be substituted.
2. For sub-section (2) of section 1, the following sub-section shall be substituted, namely:— "(2) It extends to the whole of the Union terri tory of Delhi."
3. In section 2, after clause (a), the following clause shall be inserted, namely:—- "(aa) 'Chief Commissioner' means, the Chief Commissioner of the Union terr i tory of Delhi."
4. In section 3, for the words "it appears to it", the words "it appears to him" shall be substituted.
5. In section 4, for the words "Government Gazette", the words "Delhi Gazette" shall be substituted.
ANNEXURE THE EAST PUNJAB CONTROL OF BRICKS SUPPLIES ACT. 1949.
AS EXTENDED TO THE UNION TERRITORY OF DELHI.
(East Punjab Act No. I of 1949) An Act to control brick, supplies in Punjab.
It is hereby enacted as follows:— v "Short title and extent—(1) This Act may be called the East Punjab Control of Bricks Supplies Act, 1949.
'(2) It extends to the whole of the Union territory of Delhi.
2. Definitions.—In this Act, unless there is anything repugnant in the subject or context—
(a) 'Brick' means any piece of burnt clay having a geometrical shape fired in a Kiln:
( 593 ) 594 "tHE GAZETTE OF INDIA EXTRAORDINARY (PART-II
(aa) 'Chief Commissioner' means the Chief Commissioner of the *&»sa»i terri tory of Delhi
(b) 'Kiln' means a structure used for firing bricks; and
(c) 'Dealer' means any person who deals in bricks or holds stocks of bricks for sale and includes his representative or agent.
3. Powers to control supply, distribution or consumption of bricks.—The Chief Commissioner in so far as it appears to him to be necessary or expedient or con trolling the supply of bricks or for securing their equitable distribution and availability at reasonable prices, may, by notified order, provide in regard to bricks—
(a) for regulating by licences, permits or otherwise the storage, distribu tion, transport, acquisition, disposal, manufacture and consumption of bricks;
(b)) for controlling the prices at which bricks may be bought or sold;
(c) for collecting any information or statistics with a view to regulating of the aforesaid matters;
(d) for requiring dealers or kiln owners to maintain and produce for inspection such accounts and records regarding bricks and to furnish such information relating thereto, as may be specified in the order;
(e) for any incidental and supplementary matters including in particular the entering and search of premises, vehicles, the seizure by a person authorised to make such search of the brick, 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 Chief Commissioner may, by order notified in the Delhi Gazette, direct that the power to make orders under section 3 shall -in relation to such mat ter and subject to such conditions, if any, as may be speci fied in the order, be exercisable also by such officer or authority subordinate to the Chief Commissioner as may be specified in the order. • r
5. Effect of Orders inconsistent with other enactments.—Any order made under section 3 shall have effect notwithstanding anything inconsistent therewith con tained m 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 oe 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 trvine such contravention may direct that any property in respect of which the court is satisfied that the order has been contravened or such part of S as the court may deem fit shall be forfeited to Government. C 0 U r t
7. Attempts and abextents.—Any person who at tempts to contravene of abets t a ha t n or ! I r n V ̂ ^ U n d e r S e C t i ° n 3 S h a U b e d e - e m e d t o have contravened
8. Offences by corporations-If the person contravening an order made under section 3 is a company or other body corporate, every Director, Manager S e c r e - t tary or other officer or agent thereof shall, unless he proves that the c X a v S t i o n took place without his knowledge and that he exercised all due S e n c e to prevent such contravention, be deemed to be guilty of such contraventfon
9. False Statement.-—If any person—
(i) when required by any order made under section 3 to make any state- X i n f L S 8 1 1 any information, makes any statement o r Z K any iniormation which is false in any material particular and w W S a S T S °^htarSue reaoSr0nable ^ t o b d i e V e t o " e *& orlJK ( l i ) '"decLrSn^ret,^^111^ a s ,afor^aid in any book, account, record, ^ ^ S ^ ^ f f i n ^ f t S ? 6 " * - w U c h h G Quired'by W.
j E a S t ^ f f ^ S 5?£ ffiiSOnMeUt f°r a t 6 r m w M c h » « * « ^ ^ three *nr" > (i)3 THE GAZETTE OF INDIA EXTRAORDINARY e o g n £ a £ T i Z a n C e °f ° ^ n ^ ~ ^ <^nce committed under this I c T ^ a T ^ e 1,
11. Powers to try offences summarily.—Any Magistrate or R » n ^ «„ »*• • * *. ' » empowered for the time being to try in T s u m m a S t J th« S Magistrates m sub-section (1) 0f section 260 of the Code n f T O i ^ , , t h e offences specified j 1898) may, on application in th isbehal^rnlde bv th^ n l ^ ^ f durf* 1 8 9 8 ' <V o f ance with the provisions contained in secTions 262 fo & ? l ? ^ ^ £ a c c o r d - offence punishable under this Act s e c u o n s M2 to 265 of the said Code any J.
12. Presumption as to orders.—(1) No order maH« ;„ ^ • I conferred by or under this Act s ^ ^ f l Z t ^ ^ o n f n ^ c o u r T ^ J . (2) Where an order purports to have been marte-an,* <,\n„»A u I in exercise of any power conferred b y o r u n d £ this Act ! t ^ ^ *u t h?ri ty 1 the meaning of the Indian Evidence Act 1872 ri of t S - n Shall> w i t h i n order was so made by the authority. ( 8 7 2 ) ' P r e s u m e that such j faith done or intended8 to be d o n & S ^ ^ ^ I d a & e ^ ^ ^ ^ i y ^ f i ^ ^ ^ ^ S ^ S * Government for-any 1 or intended to be done \ p u r s S ^ L ^ o ^ ^ ^ u f i i 1 1 s S l ^ * * * | r • i , CNo- F- 3/9/61-Judl.II/UTL-S9.] i A. D. PANDE, Jt. Secy.
srss S V S K ^ ^sa.ffTssss^ra s?