Updated: Sunday October 20, 2013/AlAhad
Thoul Hijjah 16, 1434/Ravivara
Asvina 28, 1935, at 04:25:39 PM
[1][1]The [2][2][Punjab] Firewood and Charcoal (Restriction) Act, 1964
(W.P. Act XI of 1964)
[
An
Act to prohibit and regulate the burning of firewood and charcoal in [3][3][the
Preamble.— WHEREAS it is expedient in the public
interest to prohibit and regulate the burning of firewood and charcoal in
factories, brick-kilns, lime-kilns and other specified places in the province
of the Punjab in the manner hereinafter appearing;
It
is hereby enacted as follows:---
1. Short title, extent and commencement.— (1) This Act may be called the [4][4][
(2) It extends to the whole of the province
of [5][5][the
(3) This section and section 2 shall come
into force at once and the remaining provisions shall come into force in such
area or areas on such date, or dates as may be specified by Government by
notification, in this behalf.
2. Definitions.— In this Act, unless the context otherwise
requires the following expressions shall have the meanings hereby respectively
assigned to them, that is to say—
(a) “Factory” means any premises including the
precincts thereof where any process is being carried on with the aid of power;
(b) “firewood” includes any kind of wood used for
burning of fire, but does not include shrubs, loppings of trees not exceeding
six inches in girth, or the stumps of trees;
(c) “Forest Officer”---
(i) in
relation to Hazara District, has the meaning assigned to it in the North-West
Frontier Province Hazara Forest Act, 1936[6][6];
(ii) in
relation to any other place, has the meaning assigned to it in the Forest Act,
1927[7][7];
(d) “Government” means the [8][8][Provincial Government of the
(e) “Power” means electrical energy and any other
form of energy which is mechanically transmitted and is not generated by human
or animal agency.
3. Restrictions on burning firewood and
charcoal.— It shall be
unlawful to burn firewood or charcoal in any factory, brick-kiln, lime-kiln, or
such other fire places or class of fire places as may be specified by the
Government by notification:
Provided
that the prohibition contained in this section shall not apply to—
(i) any fire place for burning of earthen-wares,
(ii) any
brick-kiln or lime-kiln worked for the preparation of bricks or lime for the
personal use of the proprietor of such kiln;
(iii) the use of firewood for any domestic purposes:
Provided
further that Government may, in any area permit the burning of firewood or any
kind of firewood or charcoal in any class of factories, brick-kilns or
lime-kilns subject to such conditions as may be prescribed.
4. Penalty.— Any person who contravenes the provisions of
section 3 or such of the rules made under this Act, as may be specified, shall
be liable to simple imprisonment for a term which may extend to thirty days or
with fine upto five hundred rupees or with both.
5. Offence to be cognizable and bailable.— Notwithstanding anything contained in the
Code of Criminal Procedure, 1898[9][9], an offence punishable under this Act shall
be cognizable and bailable within the meanings of the said Code.
6. Power of Forest Officer.— (1) Any Forest Officer, specially empowered
by Government in this behalf, may, after getting a warrant from a magistrate,
arrest any person who has committed and may seize the firewood and charcoal in
respect of which the offence has been committed.
(2) The Forest Officer making an arrest
under sub-section (1) shall release such person on his executing a bond to
appear, when so required, before the officer-in-charge of the nearest police
station.
7. Indemnity.— No suit, prosecution or other legal
proceedings shall lie against any officer for anything which is, in good faith,
done or intended to be done in pursuance of any provision of this Act or the
rules made thereunder.
8. Power
to make rules.— Government may, after previous publication, make rules for
the purpose of carrying into effect the provisions of this Act.
[1][1]For statement of objects and
reasons, see Gazette of West
Pakistan, (Extraordinary), dated
This Act was passed by the West Pakistan Assembly on 11th March, 1964; assented to by the Governor of West Pakistan on 17th March, 1964; and, published in the West Pakistan Gazette (Extraordinary), dated 24th March, 1964, pages 941-46.
[2][2]Substituted by the
[3][3]Ibid.
[4][4]Ibid.
[5][5]Ibid.
[6][6]N.W.F.P. Act VI of 1936.
[7][7]XVI of 1927.
[8][8]Substituted by the
[9][9]V of 1898.
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