The UTTAR PRADESH BRICKS (REGULATION OF SUPPLY) ACT, 1990

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           THE UTTAR PRADESH BRICKS (REGULATION OF SUPPLY) ACT,     
1990 
     [U.P. ACT NO. 06 OF 1991] 
 
    (As passed by the U.P. Legislature) 
 
  AN 
  ACT 
to provide in public interest, for regulation of supply with a view to securing the 
equitable distribution of bricks at fair price. 
IT IS HEREBY enacted in the Forty-first Year of the Republic of India as follows 
:- 
 
Short title, extent 
and 
commencement 
1. (1) This Act may be called the Uttar Pradesh Bricks (Regulation of Supply) 
Act, 1990. 
(2) It extends to the whole of Uttar Pradesh. 
(3) It shall be deemed to have come into force on May 12, 1990. 
 
 
Definitions 2. In this Act— 
(a) “brick” means any piece of burnt clay having geometrical shape 
fired in a kiln; 
(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 on agent. 
 
 
Powers to 
regulate price, 
supply, 
distribution or 
consumption of 
bricks 
3. (1) Where the State Government is of opinion tha t it is necessary so to do 
for maintaining or increasing supplies of bricks or for securing their equitable 
distribution and availability at fair prices, it may, by notified order, provide for 
regulating supply, distribution, consumption and price thereof. 
(2) Without prejudice to the generality of the powers conferred by sub -
section (1), an order made thereunder may provide – 
(a) for regulating by licences, permits or otherwise the storage, 
distribution, transport, acquisition, supply, manufacture and consumption of 
bricks; 
(b) for controlling the price at which bricks may be bought or sold; 
(c) for prohibiting the withholding from sale, of bricks, ordinarily kept 
for sale; 
(d) for requiring a dealer or kiln owner to maintain and produce for 
inspection such acc ounts and records regarding bricks and to furnish such 
information relating thereto, as may be specified in the order; 
 
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[The Uttar Pradesh Bricks (Regulation of Supply) Act, 1990]           [Section 4-5] 
 
  (e) for requiring a dealer or kiln owner to sell the whole or a specified part 
of bricks held in stock or produced or received by him to the State Government 
or the Central Government or to an officer or agent of such Government, or to 
a Corporation owned or controlled by such Government or to such other person 
or class of persons and in such circumstance as may be specified in the order; 
(f) for any incidental and supplementary matters including in particular 
the entering and search of premises and vehicles, seizure of bricks, the grant or 
issue of licences, p ermits and other documents and the charging of fees 
therefore. 
 
Penalty 4. (1) Whoever contravenes or attempts to contravene, or abets the contravention 
of the provisions of any order made under section 3 shall be punishable with 
imprisonment for a term w hich 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 
contravened, or such part of it as t he court may deem fir shall be forfeited to the 
State Government. 
(2) Whoever being required by an order made under section 3 to make any 
statement or furnish any information— 
(i) makes any statement or furnishes any information which is false in 
any material particular and which he knows or has reason 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; 
shall be punishable with imprisonment for a term which may extend to 
three years or with fine, or with both. 
 
Offences by 
companies 
5. (1) If the person committing an offence under this Act is a company, the 
company as well as ev ery person in charge of and responsible to the company for 
the conduct of its business at the time of the commission of the offence shall be 
deemed to be guilty of the offence and shall be liable to be proceeded against and 
punished accordingly : 
Provided that nothing contained in this bus -section shall render any such 
person liable to any punishment if he proves that the offence was committed 
without his knowledge or th at he exercised all due diligence to prevent the 
commission of such offence. 
(2) Notwithstanding anything contained in sub -section (1), where any 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 that the commission of 
the offence is attributable t o any neglect on the part of any Secretary, Director, 
Manager or other officer of the company, such Secretary, Director, Manager of 
other officer shall also be deemed to be guilty of that offence and shall be liable to 
be proceeded against and punished accordingly. 
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[The Uttar Pradesh Bricks (Regulation of Supply) Act, 1990]          [Section 6-7] 
 
  Explanation— For the purposes of this section – 
(a) “Company” means any body corporate and includes a firm or other 
association of individuals; and 
(b) “Director” in relation to a firm, means a partner in the firm. 
 
Protection of 
action taken in 
good faith 
6. No suit, prosecution or other legal proceedings shall lie against the State 
Government or any person for anything which is in good faith done or intended 
to be done, in pursuance of this Act or any other made thereunder. 
 
Repeal and 
saving 
7. (1) The Uttar Pradesh Bricks (Regulation of Supply) Ordinance, 1991 is 
hereby repealed. 
 
(2) Notwithstanding such repeal, anything done or any action taken under 
the provisions of the Ordinance referred to in sub-section (1), shall be deemed to 
have been done or taken under the corresponding provisions of this Act as if the 
provisions of this Act were in force at all material times. 
 
 

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