THE PUNJAB FIREWOOD AND CHARCOAL (RESTRICTION) ACT, 1964 (XI of 1964) CONTENTS 1. Short title, extent and commencement. 2. Definitions. 3. Restrictions on burning firewood and charcoal. 4. Penalty. 5. Offence to be cognizable and bailable. 6. Power of Forest Officer. 7. Indemnity. 8. Power to make rules. TEXT 1 THE 2 [PUNJAB] FIREWOOD AND CHARCOAL (RESTRICTION) ACT, 1964 (XI of 1964) [24 March 1964] An Act to prohibit and regulate the burning of firewood and charcoal in 3 [the Punjab]. 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 4 [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 5 [Punjab] Firewood and Charcoal (Restriction) Act, 1964. (2) It extends to the whole of the Province of 6 [the Punjab] , except the Tribal Areas. (3) This section and section 2 shall c ome 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, t he 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; 7 [(c) “Forest Officer” has the meaning assigned to it in the Forest Act, 1927;] (d) “Government” means the 1 [Provincial Government of the Punjab]; 1For Statement of Objects and Reasons, see Gazette of West Pakistan (Extraordinary), dated January 10, 1964, pp. 188-AAA to 188-CCC. This Act was passed by the West Pakistan Assembly on March 11, 1964; assented to by the Governor of West Pakistan on March 17, 1964; published in the Gazette of West Pakistan (Extraordinary), dated March 24, 1964, pp. 941-943. 2Substituted for the words “West Pakistan” by the Punjab Laws (Adaptation) Order, 1974 (1 of 1974) (w.e.f . 14.8.1973), published in the Punjab Gazette (Extraordinary), dated November 20, 1974, pp. 1425 -A to 1425 -PP, Article 2(1) read with Schedule, Part III, Serial No. 72. 3Ibid. 4Ibid. 5Ibid. 6Ibid. 7Substituted by the Order ibid. (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 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 ar ea, 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 2 , 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 an offence under this Act or the rules made thereunder, 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 again st 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. 1Substituted for the words “Government of West Pakistan” by the Punjab Laws (Adaptation) Order, 1974 (1 of 1974) (w.e.f. 14.8.1973), published in the Punjab Gazette (Extraordinary), dated November 20, 1974, pp. 1425 -A to 1425 -PP, Article 2(1) read with Schedule, Part III, Serial No. 72. 2V of 1898.