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

68 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 1. (1) This Act may be called the Uttar Pradesh Bricks (Regulation of Supply) and Act, 1990. commencement (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 3. (1) Where the State Government is of opinion that it is necessary so to do regulate price, for maintaining or increasing supplies of bricks or for securing their equitable supply, distribution and availability at fair prices, it may, by notified order, provide for distribution or regulating supply, distribution, consumption and price thereof. consumption of bricks (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 accounts and records regarding bricks and to furnish such information relating thereto, as may be specified in the order; 69 [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, permits 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 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, or such part of it as the 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 5. (1) If the person committing an offence under this Act is a company, the companies company as well as every 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 that 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 to 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. 70 [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 6. No suit, prosecution or other legal proceedings shall lie against the State action taken in Government or any person for anything which is in good faith done or intended good faith to be done, in pursuance of this Act or any other made thereunder. Repeal and 7. (1) The Uttar Pradesh Bricks (Regulation of Supply) Ordinance, 1991 is saving 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.