LexThe Himachal Pradesh Bricks (Control) Act, 1969
Himachal Pradesh · state statute
Open in Lexace · Ask the AI about this actTHE HIMACHAL PRADESH BRICKS (CONTROL) ACT, 1969
ARRANGEMENT OF SECTIONS
Sections:
1. Short title and extent.
2. Definitions.
3. Powers to control, manufacture, storage, distri bution etc. of bricks.
4. Delegation of powers.
5. Effect of orders inconsistent with other enactm ents.
6. Provisions of sections 102 and 103 of the Code of Criminal Procedure to
apply to search and seizure.
7. Penalties.
8. Attempts and abetments.
9. False statements.
10. Offences by companies.
11. Cognizance of offences.
12. Power to try offences summarily.
13. Presumption as to orders.
14. Protection of action taken under this Act.
15. Repeal and savings.
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THE HIMACHAL PRADESH BRICKS (CONTROL) ACT, 1969
(ACT NO. 29 OF 1969)
1
(Received the assent of the President of India on t he 14 th December, 1969 and
was published in R. H. P. Extra., dated the 6 th February, 1970, at p. 30-33.)
An Act to regulate the manufacture, storage, distri bution, transport, acquisition
and disposal of bricks in the [State of Himachal Pr adesh] 2 and for matters
connected therewith.
Amended, repealed or otherwise affected by ,---
A. O. 1973, published in R. H. P. Extra., dated the 20 th January, 1973, at p.
91-112.
B
E it enacted by the Legislative Assembly of Himachal Pradesh in the Twentieth
Year of the Republic of India as follows:-
1. Short title and extent .- (1) This Act may be called the Himachal Pradesh
Bricks (Control) Act, 1969.
(2) It extends to the whole of the 3[State of Himachal Pradesh].
2. Definitions .- In this Act, unless the context otherwise requires,-
1. For Statement of Objects and Reasons, see R. H. P. Extra., dated the 24 th March, 1969, P. 250.
For Authoritative Hindi text see R. H. P. Extra., dated 24-10-1987, P. 2129.
2. Subs, for the words "Union Territory of Himachal Pradesh" by A. O. 1973.
3. Subs. for the words "Union Territory of Himachal Pradesh" by A. O. 1973.
H.P. BRICKS (CONTROL) ACT, 1969 2
(a) "brick" means any piece of burnt clay fired in kiln and having a geometrical
shape;
(b) "dealer" means any person who is engaged in the business of buying or
selling, or otherwise dealing in, bricks, and inclu des his representative or
agent;
(c) 1[xxxxxxxxxxxxxxxxxx]
(d) "kiln" means a structure used for burning bric ks;
(e) "Official Gazette" means the Rajpatra, Himacha l Pradesh.
3. Powers to control manufacture, storage, distribu tion etc. of bricks .- If the
Government is of opinion that it is necessary or ex pedient so to do for maintaining or
increasing the supply of bricks or for securing the ir equitable distribution and availability
at fair prices, it may, by order notified in the Official Gazette, provide-
(a) for regulating by licences, permits or otherwis e the manufacture, storage,
distribution, transport, acquisition or disposal of bricks;
(b) for collecting any information or statistics wi th a view to the regulating of
the aforesaid matters;
(c) for the grant or issue of licences, permits or other documents and the
charging of fees therefor;
(d) for controlling the prices at which bricks may be bought or sold;
(e) for requiring dealers or kiln owners to mainta in and produce for inspection
such accounts and records regarding bricks and to furnish such information
relating thereto, as may be specified in the order; and
(f) for any incidental and supplementary matters in cluding in particular the
entering and search of premises and vehicles and th e seizure by a person
authorised to make such search of the bricks in respect of which such person
has reason to believe that contravention of any ord er made under this Act
has been, is being, or is about to be, committed.
4. Delegation of powers .- The Government may, by order notified in the Official
Gazette, direct that the power to make orders under section 3 shall, in relation to such
matters and subject to such conditions, if any, as may be specified in the order, be
exercisable also by such officer, or authority subo rdinate to the Government as may be
specified in the order.
5. Effect of orders inconsistent with other enactments .- Any order made under
section 3 shall have effect notwithstanding anythin g inconsistent therewith contained in
any enactment other than this Act or any instrument having effect by virtue of any
enactment other than this Act.
6. Provisions of sections 102 and 103 of the Code o f Criminal Procedure to
apply to search and seizure .- The provisions of sections 102 and 103 of the Co de of
Criminal Procedure, 1898 (5 of 1898) relating to se arch and seizure shall, so far as may
be, apply in relation to every search made in pursu ance of any order made under this Act
and to every seizure made in the course of such search.
7. Penalties .- If any person contravenes any order made under section 3,-
(a) he shall be punishable with imprisonment for a term which may extend to
three years, or with fine, or with both;
1. The definition of "Government" omitted vide A.O, 1973.
H.P. BRICKS (CONTROL) ACT, 1969 3
(b) any property in respect of which the order has been contravened or such part
thereof as the court may deem fit shall be forfeited to the Government:
Provided that if the court is of opinion that it is not necessary to direct forfeiture
in respect of the whole or as the case may be, any part of the property, it may, for reasons
to be recorded, refrain from doing so.
8. Attempts and abetments .-Any person who attempts to contravene, or abets a
contravention of, any order made under section 3 sh all be deemed to have contravened
that order.
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 fur nishes 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, accounts, record,
declaration, return or other documents 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. Offences by companies .- (1) If the person contravening an order made under
section 3 is a company, every person who, at the ti me the contravention was committed,
was incharge of, and was responsible to, the compan y for the conduct of the business of
the company as well as the company, shall be deemed to be guilty of the contravention
and shall be liable to be proceeded against and punished accordingly:
Provided that nothing contained in this sub-section shall render any such person
liable to any punishment if he proves that the cont ravention took place without his
knowledge or that he exercised all due diligence to prevent such contravention.
(2) Notwithstanding anything contained in sub-secti on (1), where an offence
under this Act has been committed by a company and it is proved that the offence has
been committed with the consent or connivance of, or is attributable to any neglect on the
part of, any director, manager, secretary or other officer of the company, such director,
manager, secretary or other officer shall also be d eemed to be guilty of that offence and
shall be liable to be proceeded against and punished accordingly.
Explanation .---For the purposes of this section,-
(a) "company" means any body corporate and include s a firm or other
association of individuals;
(b) "director" in relation to a firm means a partn er in the firm.
11. Cognizance of offences .- Notwithstanding anything contained in the Code of
Criminal Procedure, 1898 (5 of 1898), every offence punishable under this Act shall be
cognizable.
12. Power to try offences summarily .- Notwithstanding anything contained in
the Code of Criminal Procedure, 1898 (5 of 1898), a ny 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 said Code may, on application in this behalf 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.
13. Presumption as to orders .- 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
H.P. BRICKS (CONTROL) ACT, 1969 4
court shall presume that such order was made by tha t authority within the meaning of the
Indian Evidence Act, 1872 (1 of 1872).
14. Protection of action taken under this Act .- (1) No suit, prosecution or other
legal proceedings 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 proceedings shall lie ag ainst 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.
15. Repeal and savings .- (1) The East Punjab Control of Bricks Supplies A ct,
1949 (1 of 1949), as in force in the territories tr ansferred to 1[the State of Himachal
Pradesh] by sub-section (1) of section 5 of the Pun jab Reorganisation Act, 1966 (31 of
1966) is hereby repealed.
(2) Notwithstanding such repeal, any order made und er the Act hereby repealed
and in force immediately before the commencement of this Act shall be deemed to have
been made under this Act and shall, in so far as it is not inconsistent with the provisions
of this Act, continue in force and accordingly any appointment made, licence or permit
granted or direction issued under any such order an d in force immediately before such
commencement shall continue to be in force until an d unless it is superseded by any
appointment made, licence or permit granted or direction issued under this Act.
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1. Subs. for words "Union Territory of Himachal Pra desh" by A. O. 1973.