Haryana Conservation of Firewood Supplies (Restrictions on Transport) Order, 1973

Published vide Notification Haryana Government Gazette Legislative Supplement dated 21.6.1973 vide

hl092

1. (1) This order may be called the Haryana Conservation of Fire-Wood Supplies (Restrictions on Transport) Order, 1973.

(2) It extends to the whole of the State of Haryana.

(3) It shall come into force at once.

2. In this order, unless there is anything repugnant in the subject or context :-

(a) "Director" means the Director, Food and Supplies, and includes Joint Director, Food and Supplies, Deputy Director, Food and Supplies, and any officer authorised by him to perform all or any of his functions under this order ;

(b) "District Magistrate" means the District Magistrate of the district appointed under sub-section (1) of Section 10 of the Code of Criminal Procedure, 1898, and includes any officer authorised by him to perform all or any of his functions under this order ;

(c) "Government" means the Government of the State of Haryana.

3. No person shall transport firewood by rail, road or river from any place in any district to any place outside the district, except under the authority of, and in accordance with, the conditions of a permit issued by the District Magistrate from which transport is to be effected :

Provided that no permit shall be necessary for the Forest Department to transport firewood from its depots outside the State of Haryana :

Provided that no merit shall be required for the transport of firewood and its by products as specified in column 1 in the table below, from the district mentioned in column 2 to the district indicated against them in column 3 by means of transport specified against each in column 4 of the said table :

[Table]

Provided further that no permit shall be required for transport of firewood by rail where the movement has been sponsored by the Director.

4. An application for a permit as required by clause 3 shall be made in writing to the District Magistrate and shall contain a true statement of the following particulars and the applicant shall furnish such further particulars as may be required by the District Magistrate, namely :-

(a) name and address of the consignor ;

(b) name and postal address of the consignee ;

(c) quantity and nature of consignment ; and

(d) name of the railway station or the place (including the name of the district) from which the consignment is to be despatched ;

(e) name of the railway station or the place (including the name of the district) to which the consignment is to be despatched.

5. The permit to be issued by the District Magistrate, - vide clause 3 above shall be in Form "A" appended to this order.
6. The District Magistrate may attach such conditions to any permit issued under clause 3 as he may think fit and he may cancel the permit at any time without assigning any reason.
7. (1) For the more effective enforcement of the provisions of this order the Director, or the District Magistrate or any officer authorised by him in this behalf may ;

(i) enter any premises ;

(ii) ask of any person all necessary question ;

(iii) search and, as far may be necessary for that purpose, detain any person or vehicle or animal ; and

(iv) seize any firewood including its containers such as bags, etc. found in the possession of such person or in such vehicles or on such animals in respect of which he has reason to believe that contravention of any of the provisions of this order has been, is being, or is about to be committed.

(2) Any person who is granted a permit under clause 3 shall, if required so to do by the Director or by the District Magistrate, produce before any person mentioned in the requisition for the purposes of inspection of such books and accounts and other documents relating to the conduct of that business before or after the commencement of this order as may be specified in the requisition.

(3) Every person incharge of a vehicle or animal or premises which is searched or is sought to be searched under the provisions of such premises, vehicle or animal and any person questioned under the aforesaid clause shall be bound to answer all questions put to him truthfully and to the best of his knowledge and belief.

8. The State Government may exempt any person or class of persons from the operation of all or any of the provisions of this order and may at time suspend or cancel such exemption.
9. The provisions of this order shall be in addition to and not inderogation of any other order which may be inforce for the time being relating to the control of firewood.
10. Any court trying any contravention of this order may direct that any property in respect of which the court is satisfied that the order has been contravened shall be forfeited in whole or in part to the State Government.

Form "A"

Food and Supplies Department, Haryana

Clause 5 of the Haryana Conservation of Firewood Supplies (Restriction on Transport) Order, 1973.

Permit for the transport of Firewood/Charcoal----------------------------------------

Permit No.----------------------------------------------, dated-----------------------------

Period of validity------------------------------------------Days----------------------------

Quantity---------------------------------------------------Quintals------------------------

Address--------------------------------------------------------------------------------------

Station or place of destination-----------------------------------------------------------

District--------------------------------------------------------------------------------------

State-----------------------------------------------------------------------------------------

Manner in which the movement is to take place Rail/Road/River. The permit-holder will inform the District Magistrate------------------- on the 1st of every month succeeding the month during which the permit was granted, the quantity of Firewood/Charcoal actually transported by him against this permit.

District Magistrate,

---------------District.

Copy to :

1. (1) Consignor--------------------------

[Director, Food and Supplies of the importing State.]

(2) -------------------------------------

[District Magistrate] of the [importing district in Haryana.]

Note. - Definition of "Firewood" according to clause (2)(a) of the Punjab Conservation of Firewood Supplies Act, 1949, is as under :-

"Firewood" means and kind of wood used for burning, and includes charcoal, sawdust, charcoal-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 State Government.