No.29 OF 1969)
regulate the manufacture, storage, distribution transport acquisition
and disposal of bricks in the Union territory of Himachal Pradesh and
for matters connected therewith. Be it enacted by the Legislative Assembly
of Himachal Pradesh in the Twentieth Year of the Republic of India as
1. Short title and extent:-This Act may be called the Himachal
Pradesh Bricks(Control)Act,1969. (2) It extends to the whole of the Union
territory of Himachal Pradesh.
2. Definitions:- In this Act, unless the context otherwise requires-
(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 includes his representative
(c) 'Government' means the Administrator of the Union territory
of Himachal Pradesh;
(d) 'kiln' means a structure used for burning bricks;
(c) 'Official Gazette' means the Rajpatra, Himachal Pradesh.
to control manufacture, storage, distribution etc. of bricks;- If
the Government is of opinion the it is necessary or expedient so to do
for maintaining or increasing the supply of bricks of for securing their
equitable distribution and availability at fair prices, it may by order
notified the Official Gazette, provide-
(a) for regulating by licenses, permits or otherwise the manufacture,
storage distribution, transport, acquisition of disposal of bricks;
(b) for collecting any information or statistics with a view to
regulating of the aforesaid matters;
(c) for the grant of issue of licenses, permits or other documents and
the charging of fees therefore;
(d) for controlling the prices at which bricks may be brought or sold;
(e) for requiring dealer 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;
(f) for any incidental and supplementary matters including a particular
the entering and search of premises and vehicles and the seizure by a
person authorised relating to make such search of the bricks in respect
of which such person has reason to believe that contravention of any other
made under this Act has been, is being or is about to be committed.
of powers:- The Government may, by order notified in the Official
Gazette, direct that the power to make order 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 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 anything
inconsistent therewith contained in any enactment other then this Act
or any instrument having effect by virtue of any
6. Provisions of sections 102 and 103 of the Code of Criminal Procedure
to apply to search and seizure.- The
provisions of sections 102 and 103 of the Code of Criminal Procedure,1898,
relating to search and seizure shall, so far as any be, apply in relation
to every seizure made in the course of such search.
7. Penalties._ If any person contravenes any order made under
(a) he shall
be punishable with imprisonment for a term which may extend two or three
years, or with fine, or with both;
(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
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
property, it may , for reasons to be recorded refrain from doing so.
8. Attempts and abetments._
Any other person who attempts to contravene, or abets a contravention
of, any order made under section 3 shall be deemed to have contravened
9. False Statements._ If
required by any order under section 3 to made 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 dose not believe to be true; or
(ii) makes any such statement as aforesaid in any book accounts,
records, 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 both.
10. Offences by Companies.-
(1) If the person contravening
an order made under section 3 is a company, every person who, at the time
the contravention was committed, was in charge, be liable to be proceeded
against and punished accordingly; for the conduct of the business of the
company as well as the company:
Provided that nothing contained in this sub-section shall render any such
person liable to any punishment if he proves that the contravention took
place without his knowledge or that he exercised all due diligence to
prevent such contravention.
(2) Notwithstanding anything contained in sub-section(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 deemed to be guilty of that offence shall be liable to be
proceeded, against and punished accordingly.
Explanation.- For the purposes
of this section-
(a) 'company' means any body corporate and includes a firm or other
association of individual;
(b) 'Director' in relation to a firm means a partner in the
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 congnizable.
12. Power to try offences summarily.-
Notwithstanding anything contained in the Code pf Criminal Procedure,1898
(5 of 1898), any Magistrate or Bench of Magistrate 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 any, on application in this behalf made
by the prosecution, try in accordance with the provisions contained in
sections 262 0r 265 of the said Code any offence punishable under this
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 court
shall presume that such order was made by that 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 proceeding, shall lie against
any person for anything which is in good faith or intend to be done in
pursuance of any order made under section 3.
No suit or other legal proceeding shall lie against 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
15. Repeal and Savings.-
(1) The East Punjab Control
of Bricks Supplies Act,1949 (1 of 1949) as in force in the territories
transferred to the Union Territory of Himachal Pradesh by sub-section
(1) of section 5 of the Punjab Re-organisation Act, 1966(31 of 1966) is
(2) Notwithstanding such repeal, any order made under 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, license or permit granted
or direction issued under any such order and in force immediately before
such commencement shall continue in force immediately before such commencement
shall continue in force until and unless it is superseded by any
appointment made, license or permit granted or direction issued under
Shimla-2,the 14th October,1970
AS AMENDED UP TO 31-07-93
In exercise of the powers conferred
vide Section 3 of the Himachal Pradesh Bricks (Control)Act,1969 (Act No.29
of 1969), and all other powers enabling him in this behalf, the Lieutement
Governor (Administrator), Himachal Pradesh is pleased to make the following
(i) This Order may called the Himachal
Pradesh Bricks (Control) Order,1970.
(ii) It extends to the whole of the Union territory
of Himachal Pradesh.
(iii) It shall come into force at once.
2. In this order unless there is anything repugnant in the subject
(a) 'consumer' means a person permitted to acquire bricks
under order for private consumption and not for sale;
(b) 'Director' means the Director, Civil Supplies, Himachal
Pradesh and includes Deputy Director, Civil Supplies Himachal
(c) 'District Magistrate' means the District Magistrate
of the District and includes the District Food and Supplies Controller/District
Food and Supplies Officer/ District Co-operative and Supplies Officers
and any other officer appointed by the State Government by name
or designation to, act as such for all or any of the purposes of this
(d) 'Inspector' means Inspector, Food & Supplies and includes
Sub-Inspector, Food & Supplies/District Inspector Civil Supplies and
Sub-Inspector, Civil Supplies;
(e) 'manufacturer' means a person engaged in the production
or manufacture of bricks in a kiln;
(f) the terms and expressions used in this order but not defined
shall have the meaning respectively assigned to them in the Himachal Pradesh
Bricks (Control) Act, 1969.
3. Save as hereinafter
provided no manufacturer or dealer shall manufacture or sell or offer
to store for sale or have in his possession for the purposes of sale or
for disposal in any other manner of deposit with or consign to any person
for the purposes of sale or for storage for sale, for sale, bricks except
under and in accordance with the condition of a license granted under
Provided that no license shall be required for manufacturer of bricks
in Maidani Bhattis (Awas) if such bricks are manufactured for the personal
consumption of the manufacturer.
Explanation:- Maidani Bhatti (Awas) means a structure used for
burning brick in which neither a chimney is used nor slack coal is consumed
4. (i) All applications for the grant or renewal of a license shall
be made to the District Magistrate in form 'A' (appended to this order)
duly accompanied by a free prescribed in clauses 7 and 8 in the form of
a Treasury Challan.
(ii) Subject to the general or special instructions
notified by the State Government, from time to time, in this behalf a
license may, if the site of the kiln is not detrimental to the health
of the general public or to the crops, gardens or nurseries in close proximity
thereto, be granted or renewed by the District Magistrate.
(iii) The District Magistrate, may for reasons to be
recorded in writing, refuse to the grant or renew a license or having
granted or renewed it may subsequently cancel, suspend or revoke, it,
for contravening any of the provisions of this Order or for transferring
his license, or the kiln with respect to which the license has been granted
to any other person without the previous permission in writing of the
District Magistrate or indulging in activities which are anti-national
or which tend to cause disharmony, likely to result in breach of peace
between different communities or in any other similar activities and without
prejudice to any other punishment to which he may be liable.
(iv) Where the District Magistrate refuse to grant or renew
or cancel or suspends or revokes any license, he shall before making an
order in this behalf, require the applicant or as the case may be, the
licensee, to showcause within a specified time why such order should not
be made. If the applicant, or the Licensee does not show any cause within
the specified time, or show cause which in the opinion of the District
Magistrate is not satisfactory, the District Magistrate concerned shall
make an order accordingly.
(v) No applicant, or the holder of a license shall be entitled
to the refund of fee paid by him or any compensation for cancellation
or suspension or revocation of his license.
5. Every manufacturer or dealer whose license has been cancelled
or suspended or revoked or not renewed under clause 4 (iii) shall dispose
of his stocks of bricks with such time and to such person and in such
a manner at such price as may be specified by the District Magistrate,
such price being not less than that fixed under clause 10.
6. Every license shall be in Form 'B' (appended to this order)
and shall be subject to the conditions mentioned therein and such other
conditions as the Director may from time to time prescribe vide notification
No. FDS-A(3)-5/91 dated 8-10-99 published in Extra Ordinary Gazette dated
7. A fee of Rs. 2000.00 shall be payable for a license granted
under this order but in the event of license being lost, or destroyed,
a duplicate license shall be supplied, on payment of Rs. 1000.00.
8. (i) Every manufacturer of bricks or dealer shall take out a
license in respect of every place at which the manufacturer of bricks
carries on his business. The license granted under this Order shall unless
previously suspended or revoked, continue in force upto the 31st March,
next but shall be renewable annually on application by the holder to the
District Magistrate which shall be made before the expiry of the validity
period of the license on payment of a fee of Rs. 2000.
(ii) If a licensee fails to apply for renewable before
the expiry of the validity period, but does so within one month after
the expiry of the validity period, he shall in addition to the renewal
fee of Rs. 2000 have to pay a penalty of Rs. 500.
(iii) If a licensee fails to apply for renewable of
his license within two months of the expiry of the validity period, he
shall, in addition of the renewable fee of Rs. 2000, have to pay a penalty
of Rs. 1000/-.
(iv) If a licensee fails to apply for the renewable
of his license within three months of the expiry of the validity period
he shall in addition to the renewable fee of Rs. 2000 have to pay a penalty
of Rs. 2000.
(v) If a licensee fails to apply for the renewable
of a license within 3 months of the expiry of validity period the license
shall be treated as cancelled.
(vi) No licensee, the period of validity of whose license
had expired shall be entitled to carry on his business in bricks unless:
(a) he has applied for
renewable of his license and paid the requisite fee before the expiry
of the validity period of his license; or
(b) he has applied for
the renewable of his license and deposited the renewable and penalty fee
within 3 months after the expiry of the validity period of his license.
9. No person shall purchase or sell offer to sell or supply any
bricks save against a permit issued by the Director or the District Magistrate
and subject to all the conditions made in such permits.
10. No person shall purchase or sell bricks at a price higher than
that which may be fixed by the District Magistrate. The price shall be
fixed keeping in view the following facts:-
(i) Cost of the coal F.O.R. Colliery rate.
(ii) Railway freight on coal.
(iii) Loading/Unloading Charged.
(iv) Transport charges of coal from Railway
Station to kiln.
(v) Expenses incurred on moulding of kutcha
(vi) Expenses incurred on making available
sand, water, earth for moulding bricks.
(vii) Expenses on loading and unloading
bricks from kiln and stacking in the premises of the bricks kiln.
(viii) Mistri and labour for firing kiln.
(ix) Maintenance of temporary labour huts,
chimneys and other brick kiln equipment.
(x) Cost of firewood for ignition coal.
(xi) Munshi and Chaukidars expenses.
11. No manufacturer or dealer shall act in contravention of any
directions issued by the District Magistrate.
12. The Director may, from time to time issue directions to the
District Magistrate for carrying out the provisions of this order.
13. An application for the permit to purchase bricks shall be made
to the District Magistrate in Form 'C' appended to this order.
14. Every permit for the purchase of bricks shall be issued in
Form 'D' appended to this order.
15. Number of consumers shall vary or alter the contents of the
permit issued under this order.
16. The Director or the District Magistrate or any other person
duly authorised by him in this behalf or an Inspector may, with a view
to securing compliance with this order:-
(i) enter and inspect any premises on which he has reasons
to believe that bricks have been or are being or are likely to be kept,
store, distributed, disposed of or to an from which bricks, have been
or are being or are likely to be removed, or transported;
(ii) stop and inspect any vehicle or animal in which bricks are
being carried for sale, supply or storage or for any other purpose;
(iii) seize bricks found in the possession of any vehicle or on
any animal in respect of which he has reason to believe that contravention
of this Order has been or is being or is about to be committed; and
(iv) seize any record pertaining to bricks, of which he has reasons
to believe that contravention of this order has been or is being or is
about to be committed;
(v) every person (including his agents and servants) in charge
of a vehicle or animal or premises which is searched under
the provisions of sub-clause (a) shall allow the authority making
the demand access to such premises, vehicle or animal and shall also answer
all questions put to him truthfully and to the best of his knowledge and
17. Every manufacturer or
dealer shall maintain a register giving an account of receipts and sale
of bricks in Form 'E' appended to this order and shall keep the register
up to date, strike balances at the close of the day.
18. Every manufacturer or dealer
shall submit to the District Magistrate monthly stocks returns of
bricks in Form 'F' appended to this order by 7th day of the month following
the month to which it relates.
19. Every manufacturer or
dealer shall , when so required, by general or special directions by the
Director or the District Magistrate furnish truthfully and to the best
of his knowledge such particulars relating to his kiln, dealing in bricks
and stocks thereof as may be required. Vide Notification No.FDS-A(3)-5/91
dated 8-10-99 published on Extra Ordinary Gazette Dated 2-12-99.
(i) Every manufacturer
or dealer shall, when so required by the District Magistrate by general
pf special order in writing, deposit security with him amounting to Rs.10000/-in
shape of National Defense Certificate duly pledged to the District Magistrate.
If any order has been issued under the provisions of sub- clause
(i) the manufacturer or the dealer affected by it shall deposit the security
in full by the date specified in the order and if security is not deposited
then without prejudice to any order action that may be taken against him,
his license may be cancelled or withheld or suspended.
(iii) If the manufacturer or dealer who has deposited
security under the provisions of this clause contravenes any of
the provisions of this Order or conditions of his license then without
prejudice to any other action which may be taken against him the District
Magistrate may direct by order in writing that his security shall be confiscated
in whole or in part,
(1) Any person aggrieved
by the order passed by the District Magistrate under this order may within
30 days from the date on which the order is communicated to him, appeal
to the Director.
The State Government may call for and examine the record of any
proceeding disposed of by the Director in appeal under this Order for
the purpose of satisfying itself as to the legality or propriety of any
order made therein and may confirm, modify, suspend or restore such orders.
(1) The Punjab Control
of Bricks Supplies Order, 1956 in force in the territories transferred
to the Union territory of Himachal Pradesh by sub-section (1) of Section
5 of the Punjab Re-organisation Act, 1966 is hereby repealed. Provided
that such repeal shall not effect:-
(a) The previous operation of any such offer,
(b) any penalty, forfeiture or punishment incurred
in respect of any offence committed against any such order, or
(c) any investigation, legal proceeding or remedy
in respect of any such penalty, forfeiture or punishment
and any such investigation, legal or remedy may be instituted, continued
or enforced, any such penalty forfeiture or punishment may be imposed
as if this order had not been passed.
Subject to the provisions of sub-clause (1), anything done or any action
taken including an appointment or delegation made, notifications or directions
issued, or license granted under the Order hereby repealed shall-
(a) be deemed to have been done or taken under this
(b) continue in force until and unless directed otherwise
or superseded by anything done or any action taken under his Order by
the State Government or other competent authority.