The Himachal Pradesh Bricks (Control) Act, 1969

THE HIMACHAL PRADESH BRICKS (CONTROL) ACT, 1969 

ARRANGEMENT OF SECTIONS 

Sections: 

1.  Short title and extent. 

2.  Definitions. 

3.  Powers to control, manufacture, storage, distribution etc. of bricks. 

4.  Delegation of powers. 

5.  Effect of orders inconsistent with other enactments. 

6.  Provisions of sections 102 and 103 of the Code of Criminal Procedure to 

apply to search and seizure. 

7.  Penalties. 

8.  Attempts and abetments. 

9.  False statements. 

10.  Offences by companies. 

11.  Cognizance of offences. 

12.  Power to try offences summarily. 

13.  Presumption as to orders. 

14.  Protection of action taken under this Act. 

15.  Repeal and savings. 

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THE HIMACHAL PRADESH BRICKS (CONTROL) ACT, 1969 

(ACT NO. 29 OF 1969)
1
 

(Received the assent of the President of India on the 14
th
  December, 1969 and 

was published in R. H. P. Extra., dated the 6
th
  February, 1970, at p. 30-33.) 

An Act to regulate the manufacture, storage, distribution, transport, acquisition 

and disposal of bricks in the [State of Himachal Pradesh]
2
 and for matters 

connected therewith. 

Amended, repealed or otherwise affected by,--- 

A. O. 1973, published in R. H. P. Extra., dated the 20
th
 January, 1973, at p. 

91-112. 

BE it enacted by the Legislative Assembly of Himachal Pradesh in the Twentieth 

Year of the Republic of India as follows:- 

1. Short title and extent.-  (1) This Act may be called the Himachal Pradesh 

Bricks (Control) Act, 1969. 

(2) It extends to the whole of the 
3
[State of Himachal Pradesh]. 

2. Definitions.- In this Act, unless the context otherwise requires,- 

                                                 
1. For Statement of Objects and Reasons, see R. H. P. Extra., dated the 24

th
  March, 1969, P. 250. 

For Authoritative Hindi text see R. H. P. Extra., dated 24-10-1987,  P. 2129. 

2. Subs, for the words "Union Territory of Himachal Pradesh" by A. O. 1973. 

3. Subs. for the words "Union Territory of Himachal Pradesh" by A. O. 1973. 



H.P. BRICKS (CONTROL) ACT, 1969 2

(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 or 

agent; 

(c)  
1
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(d)  "kiln" means a structure used for burning bricks; 

(e)  "Official Gazette" means the Rajpatra, Himachal Pradesh. 

3. Powers to control manufacture, storage, distribution etc. of bricks.- If the 

Government is of opinion that it is necessary or expedient so to do for maintaining or 

increasing the supply of bricks or for securing their equitable distribution and availability 

at fair prices, it may, by order notified in the Official Gazette, provide- 

(a) for regulating by licences, permits or otherwise the manufacture,  storage, 

distribution, transport, acquisition or disposal of bricks; 

(b) for collecting any information or statistics with a view to the regulating of 

the aforesaid matters; 

(c)  for the grant or issue of licences, permits or other documents and  the 

charging of fees therefor; 

(d)  for controlling the prices at which bricks may be bought or sold; 

(e)  for requiring dealers 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; and 

(f) for any incidental and supplementary matters including in particular the 

entering and search of premises and vehicles and the seizure by a person 

authorised to make such search of the bricks in respect of which such person 

has reason to believe that contravention of any order made under this Act 

has been, is being, or is about to be, committed. 

4. Delegation of powers.- The Government may, by order notified in the Official 

Gazette, direct that the power to make orders 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 than this Act or any instrument having effect by virtue of any 

enactment other than this Act. 

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 (5 of 1898) relating to search and seizure shall, so far as may 

be, apply in relation to every search made in pursuance of any order made under this Act 

and to every seizure made in the course of such search. 

7. Penalties.-  If any person contravenes any order made under section 3,- 

(a) he shall be punishable with imprisonment for a term which may  extend to 

three years, or with fine, or with both; 

                                                 
1. The definition of "Government" omitted vide A.O, 1973. 



H.P. BRICKS (CONTROL) ACT, 1969 3

(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 Government: 

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 the property, it may, for reasons 

to be recorded, refrain from doing so. 

8. Attempts and abetments.-Any person who attempts to contravene, or abets a 

contravention of, any order made under section 3 shall be deemed to have contravened 

that order. 

9. False statements.- If any person,- 

(i)  when required by any order made under section 3 to make 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  does not believe to be true, or    

(ii)  makes any such statement as aforesaid in any book, accounts,  record, 

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 with 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 incharge of, and was responsible to, the company for the conduct of the business of 

the company as well as the company, shall be deemed to be guilty of the contravention 

and shall be liable to be proceeded against and punished accordingly: 

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 and 

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 individuals;    

(b)  "director" in relation to a firm means a partner in the firm.   

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 

cognizable.   

12. Power to try offences summarily.- Notwithstanding anything contained in 

the Code of Criminal Procedure, 1898 (5 of 1898), any Magistrate or Bench of 

Magistrates 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 may, on application in this behalf made 

by the prosecution, try in accordance with the provisions contained in sections 262 to 265 

of the said Code any offence punishable under this Act.   

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 



H.P. BRICKS (CONTROL) ACT, 1969 4

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 proceedings shall lie against any person for anything which is in good faith done or 

intended to be done in pursuance of any order made under section 3.    

(2) No suit or other legal proceedings 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 section 3.   

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 
1
[the State of Himachal 

Pradesh] by sub-section (1) of section 5 of the Punjab Reorganisation Act, 1966 (31 of 

1966) is hereby repealed. 

(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, licence or permit 

granted or direction issued under any such order and in force immediately before such 

commencement shall continue to be in force until and unless it is superseded by any 

appointment made, licence or permit granted or direction issued under this Act. 

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1. Subs. for words "Union Territory of Himachal Pradesh" by A. O. 1973.