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| NOTIFICATION
Shimla-2,the 14th October,1970
AS AMENDED UP TO 31-07-93 |
No.13-2/69-CS&T.-
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 order :-
ORDER
1. (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
or context:-
(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 Pradesh;
(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 order;
(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 this order:
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 as fuel.
Provided further that license shall not be granted to a dealer unless he
has his own manufacturing unit/klin within Himachal Pradesh.
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 licence 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 2-12-99.
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
bricks.
(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
belief.
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.
20.
(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.
(ii) 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,
21.
(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.
(2) 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.
22.
(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, or
(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.
(2)
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
Order, and
(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.
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Form B
LICENCE UNDER CLAUSE 6 OF THE HIMACHAL PRADESH BRICKS ORDER, 1970.
Licence No
District
..
Name
Parentage
..
Is licenced to manufacture,
sell or supply bricks at
(here mention the address of the place of business).
2. The licence shall
be valid up 31st March, 19
unless cancelled,
suspended or revoked prior to that date.
Dated
.SEAL
District
Magistrate.
RENEWAL
ENDORSEMENT
Date
of renewal
1. |
Date
of expiry
2. |
Signature
of Licensing Remarks
3. |
Authority
4. |
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Conditions
of Licence
The
holders of the licence shall: -
1.
Display the licence in conspicuous place on the premises in
which he carries on his business, the number of his licence.
2.
Maintain a register giving an account of receipts and sales in
the following form:-
(i)
Date
(ii)
Opening balance of bricks.
(iii)
No. of bricks received or manufactured during the day.
(iv)
Total of columns (ii) and (iii)
(v)
No. of bricks received or manufactured during the day.
(vi)
Balance in hand.
(vii)
Remarks.
3.
Submit to the District Magistrate monthly stock return of
bricks in the following form by the 7th of the month following
the month to which it relates
(i)
Month
(ii)
Opening balance (stock in hand on the commencement of the
month).
(iii)
Number of bricks received or manufactured during the month
(iv)
Total of columns (ii) and (iii)
(v)
No. of bricks sold or otherwise disposed of during the month.
(vi)
Balance in hand on the last day of the month.
4. Maintain
any other register or record or supply information that the District
Magistrate may be general or special order require him to supply.
5.Permit
the Director, or the District Magistrate or any other persons authorised
by him or the Inspector;
(a)
to inspect the premises in which bricks are manufactured, kept or
stored and the vehicles or animals in which they are transported;
(b)
to take samples of the different kinds of bricks free of charge;
and
(c)
to inspect any records which the holder is required by the
conditions of his licence to keep.
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