The East Punjab Conservation of Firewood Supplies Act, 1949

(1) This Act may be called the East Punjab Conservation of Firewood Supplies Act, 1949. (2) It extends to the whole of the Union Territory of Chandigarh.

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, 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 Central Government. (b) “Dealer” means any person who deals in firewood 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.

The Central 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 licences, permits or otherwise the use, storage, distribution, import, transport, acquisition, disposal and consumption of firewood 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 firewood 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 books, accounts and records regarding firewood and to furnish such information relating thereto, as may be specified in the order; (g) for any incidental and supplementary matters including in particulars 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 a contravention of the order 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.

The Central Government may, by Order notified in the Government 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 subordinate to the Central Government as may be specified in the order.

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.

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 contravened shall be forfeited to the Central Government.

Any person who attempts to contravene or abets a contravention of any order under section 3 shall be deemed to have contravened that order.

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 thereof 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 guilty of such contravention.

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 furnishes 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, 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.

An offence committed under this Act shall be cognizable.

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.

(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.

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 this Act.