Punjab act 015 of 1949 : East Punjab Conservation of Manure Act, 1949

Preamble

1East Punjab Conservation of Manure Act, 1949*

[East Punjab Act No. 15 of 1949][24th October, 1949]
1 2 3 4
Year No. Short title Whether repealed or otherwise affected by legislation.
1949 15 The East Punjab Conservation of Manure Act, 1949. Amended in part by the Adaptation of Laws Order, 1950. Amended in part by Punjab Act 8 of 19502 Amended in part by the Adaptation of Laws (Third Amendment) Order, 1951. Amended in part by Punjab Act 33 of 19533 Extended to the territories which immediately before the 1st November, 1956 were comprised in the State of Patiala and East Punjab States Union, by Punjab Act 18 of 19584. Amended by the Haryana Adaptation of Laws (State and Concurrent Subjects) Order, 19685

An Act to provide for the conservation of manure in 1[Haryana].

It is hereby enacted as follows:-

1. For Statement of Objects and Reasons, see East Punjab Government Gazette, (Extraordinary), pages 976-977; for proceedings in the Assembly, see East Punjab Legislative Assembly Debates, Volume 4, 1949, pages (2) 39-(2)47.

* [Received the assent of His Excellency the Governor on the 24th October, 1949, and first published in the East Punjab Government Gazette (Extraordinary) of October 29, 1949]

2. For Statement of Objects and Reasons, see East Punjab Government Gazette (Extraordinary), 1950, page 203; for proceedings in the Assembly, see Punjab Legislative Assembly Debates, 1950 Volume 1, pages (20) 36-(20)37. This Act has been repealed by Punjab Act 33 of 1953.

3. For Statement of Objects and Reasons, see Punjab Government Gazette (Extraordinary), 1953, pages 159-C-159-D; and for proceedings in the Assembly and council, see Punjab Legislative Assembly and council Debates, 1953.

4. For Statement of Objects and Reasons, see Punjab Government Gazette (Extraordinary), 1958, page 546k.

5. See Haryana Government Gazette (Extraordinary), dated 29th October, 1968, pages 531-567.

1. Substituted for the word "Punjab" by the Adaptation of Laws Order, 1968. The word "Punjab" was previously substituted for the words "East Punjab" by Adaptation of Laws (Third Amendment) Order, 1951.

Preamble

1East Punjab Conservation of Manure Act, 1949*

[East Punjab Act No. 15 of 1949][24th October, 1949]
1 2 3 4
Year No. Short title Whether repealed or otherwise affected by legislation
1949 15 The East Punjab Conservation of Manure Act, 1949 Amended in part by the Adaptation of Laws Order, 1950 Amended in part by Punjab Act, 8 of 19502 Amended in part by the Adaptation of Laws (Third Amendment) Order, 1951 Amended in part by Punjab Act, 33 of 19533 Extended to Pepsu territory by Punjab Act 5 of 19574.

An Act to provide for the conservation of manure in 5[Punjab]

It is hereby enacted as follows:-

1 For Statement of Objects and Reasons, see East Punjab Government Gazette (Extraordinary), pages 976-977; for Proceedings in the Assembly, see East Punjab Legislative Assembly Debates, Volume IV, 1949, pages (2) 39-(2) 47.

2 For Statement of Objects and Reasons, see Punjab Government Gazette (Extraordinary), 1950, page 203; for Proceedings in the Assembly, see Punjab Legislative Assembly Debates, 1950, Volume I, pages (20) 36-(20)37. This Act has been re-pealed by Punjab Act, 33 of 1953.

3 For Statement of Objects and Reasons, see Punjab Government Gazette (Extraordinary), 1953, pages 159-C-159-D; and proceedings in the Assembly and Council, see Punjab Legislative Assembly and Council Debates, 1953.

4 For Statement of Objects and Reasons, see Punjab Government Gazette (Extraordinary), 1957, page 339.

5 Substituted for the words "East Punjab" by the Adaptation of Laws (Third Amendment) Order, 1951.

* [Received the assent of His Excellency the Governor on the 24th October, 1949, and first published in the East Punjab Government Gazette (Extraordinary) of October 29, 1949]

Section 1. Short title, extent and commencement

1. Short title, extent and commencement.- (1) This Act may be called the East Punjab Conservation of Manure Act, 1949.

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

(3) It shall come into force 4[in such areas of the principal territories] and on such dates as the 2[State] Government may by notification appoint in this behalf 5[and in the transferred territories on the 27th January, 1959.]

2. Substituted for the word "Province" by the Adaptation of Laws Order, 1950.

3. Substituted for the word "Punjab" by the Adaptation of Laws Order, 1968.

4. Substituted for the words "in such areas" by the Haryana Adaptation of Laws Order, 1968.

5. Added by ibid.

Section 2. Interpretation

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

(a) "Committee" means the Manure Conservation Committee set up or deemed to have been set up under the provisions of section 5;

(b) "complaint" has the same meaning as in section 4 of the Code of Criminal Procedure, 1898;

(c) "Conservation of manure" means the collection of manure in a pit or pits of the prescribed dimensions and its subjection to the prescribed process for the purpose of enriching the soil by its use thereon;

(d) "Deputy Commissioner" means the Deputy Commissioner of the District.

(e) "family" means a collective body of persons living in one house under one head or management;

(f) "Government" means the 1[State] Government;

(g) "head of the family" means a person in charge of a family;

(h) "manure" means and includes animal droppings, refuse, house sweepings, ashes, uneaten fodder, residue, fifth or rubbish of any kind, but does not include mineral fertilizer;

(i) "notified area" means an area notified by Government under section 3;

(j) "panchayat" means a panchayat established under section 25 of the 3Punjab Village Panchayat Act, 1939;

(k) "prescribed" means prescribed by rules made under this Act.

1. Substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.

2. Substituted for the figure "6" by Punjab Act, 33 of 1953.

3. Since repealed and replaced by Punjab Act No. 4 of 1953.

Section 3. Power to notify certain areas

3. Power to notify certain areas.- The Government may by notification declare any area situated within the limits of any one tehsil to be a notified area for the purpose of this Act, and may by notification alter the boundaries of any area so declared.

Section 4. Liability of occupier or head of a family in a notified area

4. Liability of occupier or head of a family in a notified area.- (1) The occupier of any building in a notified area, or, if more than one person occupy a building in such area, the head of the family residing in such building shall conserve manure, or arrange for its conservation in the prescribed manner, and to the prescribed extent.

(2) If the occupier, or, as the case may be, the head of the family responsible for conservation of manure, is not in possession of land for such purpose, he shall within one month of the formation of a Committee for the area in which he resides submit a written application to the committee to provide him in such area with land necessary for the aforesaid purpose.

Section 5. Formation of Committees

5. Formation of Committees.- (1) The Panchayat for any notified area shall be the Manure Conservation Committee for such area and its powers under this Act shall be in addition to its powers conferred under the 1Punjab Village Panchayat Act, 1939 (XI of 1939).

(2) If no panchayat has been constituted for any notified area, the Deputy Commissioner shall establish for such area a Manure Conservation Committee appointing thereto such number of persons, not less than three, as he may from time to time fix in this behalf.

(3) A Committee shall, subject to such rules as may be prescribed, be competent to acquire, hold or transfer property movable or immovable, to enter into contracts and to do all other things necessary for the purpose of this Act.

1 Repealed and replaced by Punjab Act, 4 of 1953.

Section 6. Chairman of Committee

6. Chairman of Committee.- (1) The Chairman of any Committee deemed to be such under sub-section (1) of section 5 shall be the Sarpanch of the Panchayat.

(2) The Chairman of the Committee established under sub-section (2) of section 5 shall be the person appointed as such by the Deputy Commissioner from among the members of the Committee.

(3) The Chairman shall be the Chief Executive Officer of the Committee and shall be responsible for the due maintenance of all records or registers which may be prescribed.

Section 7. Funds

7. Funds.- (1) There shall be a fund vested in each Committee which shall be utilized by the Committee to meet charges in connection with its duties under this Act.

(2) All grants from the Government or local bodies and all sums recovered by or on behalf of the Committee under this Act or otherwise, shall be credited to the aforesaid fund.

Section 8. Committee to take steps for acquiring land

8. Committee to take steps for acquiring land.- (1) On receiving any application made to it under sub-section (2) of section 4 the Committee shall take all steps necessary for providing to the applicant the area of land required by him.

(2) If the Committee is unable to provide the land required by the applicant, it shall within one month of the application, apply to the Government for the acquisition of the necessary area of land within the notified area.

Section 9. Acquisition of land by Government

19. Acquisition of land by Government.- (1) If in the opinion of Government any land is required for conservation of manure, in pursuance of an application made to it by any Committee, it may by notification declare such land to be so required for a public purpose and such notification shall be conclusive evidence of the matters stated therein, and shall not be liable to be called in question in any Court on any ground whatever.

(2) The Deputy Commissioner of the District in which the area referred to in sub-section (1) is situated shall give publicity to the notification issued under sub-section (1) in such manner as may be prescribed.

(3) After the expiry of 15 days from the issue of a notification under sub-section (1) the Deputy Commissioner may, by order, notwithstanding any law to the contrary, authorise the Committee to take possession of the area specified therein.

(4) The Deputy Commissioner shall then proceed to occupy the area or procure its occupation, as the case may be, and the provisions of the Land Acquisition Act, 1894 (Act I of 1894), except sections 4 to 8 inclusive as amended by the Land Acquisition (East Punjab Amendment) Act, 1948 (East Punjab Act XV of 1948), shall be applicable as nearly as may be.]

1 Substituted by Punjab Act, 33 of 1953, section 3. The original section had been Substituted by Punjab Act, 8 of 1950, which Act hat been repealed by Punjab Act, 33 of 1953.

Section 10. Powers of Committee to charge rents

10. Powers of Committee to charge rents.- The Committee may charge rents not exceeding the prescribed scale for the site or sites it provides for conservation of manure to any person who has made application to it under sub-section (2) of section 4.

Section 11. Power of entry

11. Power of entry.- Any member of a Committee or 1[any officer of the Revenue Department not below the rank of Naib Tehsildar or any officer of the Department of Agriculture not below the rank of Agricultural Inspector] shall be empowered to enter upon any land or premises within the jurisdiction of such member or officer, as the case may be, for the purpose of ascertaining whether or not manure is being conserved in such land or premises.

1. Substituted for the words "any Officer of the Department of Agriculture not below the rank of Agricultural Assistant" by Punjab Act 33 of 1953, section 4.

Section 12. Power to require conservation of manure

12. Power to require conservation of manure.- (1) If any person fails to conserve manure in the manner or to the extent required under sub-section (1) of section 4, the Committee may by notice in writing specifying a reasonable period require him to conserve manure in the prescribed manner or to the prescribed extent.

(2) If any work required to be done under sub-section (1) is not executed within the period of the notice, the Committee may itself cause such work to be executed and recover a sum not exceeding the cost thereof from the person to whom notice was issued under sub-section (1).

Section 13. Penalty for disobedience

13. Penalty for disobedience.- Any person who disobeys a notice issued by the Committee under section 12 shall on conviction by the Committee be punished with fine which may extend to twenty-five rupees, and if the breach is a continuing breach, with a further fine which may extend to four rupees for every day after the first during which the breach continues.

Section 14. Supervision of the proceedings of the Committee by the Deputy Commissioner

14. Supervision of the proceedings of the Committee by the Deputy Commissioner.- (1) The Deputy Commissioner may of his own motion or on an application of the party aggrieved, call for the records of any proceedings whereby any person has been convicted by the Committee under section 13, and may cancel or modify any order of conviction but not so as to enhance the penally.

(2) A fee of Rs. 2 shall be paid on every application.

Section 15. Finality of orders of the Committee

15. Finality of orders of the Committee.- Subject to an order made by the Deputy Commissioner under section 14, the order of Committee under section 13 shall be final and shall not be liable to be called in question by any court or other authority.

Section 16. Procedure if the Committee does not issue notice

16. Procedure if the Committee does not issue notice.- If in any case a Committee fails within a reasonable period of the default to issue notice under sub-section (1) of section 12, 1[any Officer of the Revenue Department not below the rank of Naib-Tehsildar or any officer of the Department of Agriculture not below the rank of Agricultural Inspector] may issue such notice. If the notice is not complied with he shall have the power of a committee under sub-section (2) of that section.

1 Substituted for the words "Officer of the Department of Agriculture not below the rank of Agricultural Assistant" by Punjab Act 33 of 1953, section 5.

Section 17. Proceedings on disobedience of notice issued under the last preceding section

17. Proceedings on disobedience of notice issued under the last preceding section.- If any person disobeys a notice issued under the last preceding section the officer who issued the notice may make a complaint to the nearest Magistrate having jurisdiction who shall thereupon exercise all the powers of a Committee under section 13.

Section 18. No legal practitioner to appear before Committee

18. No legal practitioner to appear before Committee.- Notwithstanding anything contained in the Legal Practitioner Act, 1879, no legal practitioner shall be permitted to appear before the Committee for any party in any proceedings under this Act.

Section 19. Delegation

19. Delegation.- The Deputy Commissioner may by written order delegate any functions under this Act by name or by designation of office to any Revenue Assistant or Tehsildar.

Section 20. Recovery of dues as arrears of land revenue

20. Recovery of dues as arrears of land revenue.- Any sums due under this Act may on application to the Collector be recovered as if they were arrears of land revenue.

Section 21. Bar to suits or legal proceedings

21. Bar to suits or legal proceedings.- No suit, prosecution or other legal proceedings shall lie in respect of anything in good faith done or intended to be done under Act or the rules made thereunder.

Section 22

22. The Provisions of the 1Punjab Village Panchayat Act, 1939 (XI of 1939), specified in the schedule to this Act shall, so far as may be, apply to the proceedings of Committees, the powers to be exercised by them and the duties to be performed by them under this Act and their suspension or abolition.

1 Repealed and Replaced by Punjab Act 4 of 1953.

Section 22. [x x x]

22. x x x.- The provisions of the 1Punjab Village Panchayat Act, 1939, specified in the Schedule to this Act shall, so far as may be, apply to the proceedings of Committees, the powers to be exercised by them and the duties to be performed by them under this Act and their suspension or abolition.

1. Repealed and replaced by Punjab Act No. 4 of 1953.

Section 23. Power of Government to make rules

23. Power of Government to make rules.- (1) Government may make 2rules for carrying into effect the purposes of this Act.

(2) In particular and without prejudice to the generality of the foregoing power Government may make rules regulating-

(a) the size of pits for the reservation of manure, the processes to which it is to be subjected and the extent to which it is to be conserved;

(b) the appointment, suspension and removal of members of Committees;

(c) the functions and powers and the appointment, suspension and removal of Chairmen of Committees;

(d) the powers of a Committee to sue and to acquire, hold or transfer property and to enter into contracts;

(e) the records and registers to be maintained by Committees and their custody and proper maintenance;

(f) the custody and proper maintenance of the funds of Committees;

(g) the terms and conditions on which lands may be transferred by Government to Committees;

(h) the scale of rents to be charged by Committees for sites provided by them for conservation of manure;

(i) the conduct of business at meetings of Committees and the quorum for such meetings;

(j) the punishment, suspension and dismissal of servants of Committees;

(k) the manner in which summons issued by Committees are to be signed and sealed; and

(l) any other matter in respect of which rules are expressly required or allowed by this Act to be made.

2. For rules, see East Punjab Government notification No. 19-FP-49/24, dated 30th August, 1949.

Section 24. Repeal of East Punjab Ordinance No. 15 of 1949

24. Repeal of East Punjab Ordinance No. 15 of 1949.- The East Punjab Conservation of Manure Ordinance, 1949, is hereby repealed but notwithstanding such repeal any orders made, anything done any action taken or any proceedings commenced or liability or penalty incurred in exercise of the powers conferred by or under the said Ordinance shall be deemed to have been made, done, taken or commenced or incurred in exercise of the powers conferred by or under this Act.

Schedule

Schedule

SCHEDULE

Sections 11, 12(2), 17, 18, 33, 34, 36(3), 38, 60, 61, 64.

Schedule

SCHEDULE

Sections 11, 12(2), 17, 18, 33, 34, 36(3), 38, 60, 61, 64.

Section 7. Funds

7. Funds.- (1) There shall be a fund vested in each Committee which shall be utilized by the Committee to meet charges in connection with its duties under this Act.

(2) All grants from the Government or local bodies and all sums recovered by or on behalf of the Committee under this Act or otherwise, shall be credited to the aforesaid fund.

Section 13. Penality for disobedience

13. Penality for disobedience.- Any person who disobeys a notice issued by the Committee under section 12 shall on conviction by the Committee be punished with fine which may extend to twenty-five rupees, and if the breach is a continuing breach, with a further fine which may extend to four rupees for every day after the first during which the breach continues.

Section 17. Proceedings on disobedience of notice issued under the last Preceding section

17. Proceedings on disobedience of notice issued under the last Preceding section.- If any person disobeys a notice issued under the last preceding section the officer who issued the notice may make a complaint to the nearest Magistrate having jurisdiction who shall thereupon exercise all the powers of a Committee under section 13.

Section 18. No legal practitioner to appear before Committee

18. No legal practitioner to appear before Committee.- Notwithstanding anything contained in the Legal Practitioners Act, 1879 (XVIII of 1879) no legal practitioner shall be permitted to appear before the Committee for any party in any proceedings under this Act.

Section 11. Power of entry

11. Power of entry.- Any Member of a Committee or 1[any officer of the Revenue Department not below the rank of Naib-Tehsildar or any officer of the Department of Agriculture not below the rank of Agricultural Inspector] shall be empowered to enter upon any land or premises within the jurisdiction of such member or officer, as the case may be, for the purpose of ascertaining whether or not manure is being conserved in such land or premises.

1 Substituted for the words "any Officer of the Department of Agriculture not below the rank of Agricultural Assistant" by Punjab Act, 35 of 1953, section 4.

Section 3. Power to notify certain areas

3. Power to notify certain areas.- The Government may by notification declare any area situated within the limits of any one tehsil to be a notified area for the purpose of this Act, and may by notification alter the boundaries of any area so declared.

Section 4. Liability of occupier or head of a family in a notified area

4. Liability of occupier or head of a family in a notified area.- (1) The occupier of any building in a notified area, or, if more than one person occupy a building in such area, the head of the family residing in such building, shall conserve manure, or arrange for its conservation, in the prescribed manner and to the prescribed extent.

(2) If the occupier, or, as the case may be, the head of the family responsible for conservation of manure, is not in possession of land for such purpose, he shall within one month of the formation of a Committee for the area in which he resides submit a written application to the Committee to provide him in such area with land necessary for the aforesaid purpose.

Section 10. Power of Committee to charge rents

10. Power of Committee to charge rents.- The Committee may charge rents not exceeding the prescribed scale for the site or sites it provides for conservation of manure to any person who has made application to it under sub-section (2) of section 4.

Section 12. Power to require conservation of manure

12. Power to require conservation of manure.- (1) If any person fails to conserve manure in the manner or to the extent required under sub-section (1) of section 4, the Committee may by notice in writing specifying a reasonable period require him to conserve manure in the prescribed manner or to the prescribed extent.

(2) If any work required to be done under sub-section (1) is not executed within the period of the notice, the Committee may itself cause such work to be executed and recover a sum not exceeding the cost thereof from the person to whom notice was issued under sub-section (1).

Section 15. Finality of orders of the Committee

15. Finality of orders of the Committee.- Subject to an order made by the Deputy Commissioner under section 14, the order of a Committee under section 13 shall be final and shall not be liable to be called in question by any court or other authority.

Section 20. Recovery of dues as arrears of land revenue

20. Recovery of dues as arrears of land revenue.- Any sums due under this Act may on application to the Collector be recovered as if they were arrears of land revenue.

Section 21. Bar to suits or legal proceedings

21. Bar to suits or legal proceedings.- No suit, prosecution or other legal proceedings shall lie in respect of anything in good faith done or intended to be done under Act or the rules made thereunder.

Section 19. Delegation

19. Delegation.- The Deputy Commissioner may by written order delegate any functions under this Act by name or by designation of office to any Revenue Assistant or Tehsildar.

Section 16. Procedure if the Committee does not issue notice

16. Procedure if the Committee does not issue notice.- If in any case a Committee fails within a reasonable period of the default to issue notice under sub-section (1) of section 12, 1[any officer of the Revenue Department not below the rank of Naib Tehsildar or any officer of the Department of Agriculture not below the rank of Agricultural Inspector] may issue such notice. If the notice is not complied with he shall have the power of a Committee under sub-section (2) of that section.

1. Substituted for the words "any Officer of the Department of Agriculture not below the rank of Agricultural Assistant" by Punjab Act 33 of 1953, section 5.

Section 5. Formation of Committees

5. Formation of Committees.- (1) The Panchayat for any notified area shall be the Manure Conservation Committee for such area and its powers under this Act, shall be in addition to its powers conferred under 4Punjab Village Panchayal Act, 1939.

(2) If no Panchayat has been constituted for any notified area, the Deputy Commissioner shall establish for such area a Manure Conservation Committee appointing thereto such number of persons, not less than three, as he may from time to time Fix in this behalf.

(3) A Committee shall, subject to such rules as may be prescribed, be competent to acquire, hold or transfer property movable or immovable, to enter into contracts and to do all other things necessary for the purpose of this Act.

4. Repealed and replaced by ibid.

Section 1. Short title extent and commencement

1. Short title extent and commencement.- (1) This Act may be called the East Punjab Conservation of Manure Act, 1949.

(2) It extends to the whole of the 1[State] of 2[Punjab].

(3) It shall come into force in such areas and on such dates as the 3[State] Government may by notification appoint in this behalf.

1 Substituted for the word "Province" by the Adaptation of Laws Order, 1950.

2 Substituted for the words "East Punjab" by the Adaptation of Laws Order, 1950.

3 Substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.

Section 2. Interpretation

2. Interpretation.- In this Act, unless there is anything repugnant in the subject or contert:-

(a) "Committee" means the Manure Conservation Committee set up or deemed to have been set up under the provisions of section 5;

(b) "complaint" has the same meaning as in section 4 of the Code of Criminal Procedure, 1898 (V of 1898);

(c) "Conservation of manure" means the collection of manure in a pit or pits of the prescribed dimensions and its subjection to the prescribed process for the purpose of enriching the soil by its use thereon;

(d) "Deputy Commissioner" means the Deputy Commissioner of the District.

(e) "family" means a collective body of persons living in one house under one head or management;

(f) "Government" means the 1[State] Government;

(g) "head of the family" means a person in charge of a family;

(h) "manure" means and includes animal droppings, refuse, house-sweepings, ashes, uneaten fodder, residue, filth or rubbish of any kind, but does not include mineral fertilizers;

(i) "notified area" means an area notified by Government under section 3;

(j) "panchayat" means a panchayat established under section 25 of the3 Punjab Village Panchayat Act, 1939;

(k) "prescribed" means prescribed by rules made under this Act.

1 Substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.

2 Substituted for the figure "6" by Punjab Act, 33 of 1953.

3 Since repealed and replaced by Punjab Act, 4 of 1953.

Section 6. Chairman of Committee

6. Chairman of Committee.- (1) The Chairman of any Committee deemed to be such under sub-section (1) of section 5 shall be the Sarpanch of the Panchayat.

(2) The Chairman of the Committee established under sub-section (2) of section 5 shall be the person appointed as such by the Deputy Commissioner from among the members of the Committee.

(3) The Chairman shall be the Chief Executive officer of the Committee and shall be responsible for the due maintenance of all records or registers which may be prescribed.

Section 24. Repeal of East Punjab Ordinance

24. Repeal of East Punjab Ordinance.- The East Punjab Conservation of Manure Ordinance, 1949 (No. XV of 1949), is hereby repealed but notwithstanding such repeal any orders made, any thing done any action taken or any proceedings commenced or liability of penalty incurred in exercise of the powers conferred by or under the said Ordinance shall be deemed to have been made, done, taken or commenced or incurred in exercise of the powers conferred by or under this Act.

Section 23. Power of Government to make rules

23. Power of Government to make rules.- (1) Government may make 1rules for carrying into effect the purposes of this Act.

(2) In particular and without prejudice to the generality of the foregoing power Government may make rules regulating-

(a) the size of pits for the conservation of manure, the processes to which it is to be subjected and the extent to which it is to be conserved;

(b) the appointment, suspension and removal of members of Committees;

(c) the functions and powers and the appointment, suspension and removal of Chairmen of Committees;

(d) the powers of a Committee to sue and to acquire, hold or transfer property and to enter into contracts:

(e) the records and registers to be maintained by Committees and their custody and proper maintenance;

(f) the custody and proper maintenance of the funds of Committees;

(g) the terms, and conditions on which lands may be transferred by Government to Committees;

(h) the scale of rents to be charged by Committees for sites provided by them for conservation of manure;

(i) the conduct of business at meetings of committees and the quorum for such meetings;

(j) the punishment, suspension and dismissal of servants of Committees;

(k) the manner in which summons issued by Committees are to be signed and sealed; and

(l) any other matter in respect of which rules are expressly required or allowed by this Act to be made.

1 For rules, see East Punjab Government Notification No. 19-FP-49/24, dated 30th August, 1949.

Section 9. Acquisition of land by Government

1[9. Acquisition of land by Government.- (1) If in the opinion of Government any land is required for conservation of manure, in pursuance of an application made to it by any Committee, it may by notification declare such land to be so required for a public purpose and such notification shall be conclusive evidence of the matters stated therein, and shall not be liable to be called in question in any Court on any ground whatever.

(2) The Deputy Commissioner of the District in which the area referred to in sub-section (1) is situated shall give publicity to the notification issued under sub-section (1) in such manner as may be prescribed.

(3) After the expiry of 15 days from the issue of a notification under sub-section (1) the Deputy Commissioner may, by order, notwithstanding any law to the contrary, authorise the Committee or take possession of the area specified therein.

(4) The Deputy Commissioner shall then proceed to occupy the area or procure its occupation, as the case may be, and the provisions of the Land Acquisition Act, 1894 (Act I of 1894), except sections 4 to 8 inclusive as amended by the Land Acquisition (East Punjab Amendment) Act, 1948 (East Punjab Act 15 of 1948), shall be applicable as nearly as may be.]

1. Substituted by Punjab Act 33 of 1953, section 3. The original section had been substituted by Punjab Act 8 of 1950, which Act has been repealed by Punjab Act 33 of 1953.

Section 8. Committee to take steps for acquiring land

8. Committee to take steps for acquiring land.- (1) On receiving any application made to it under sub-section (2) of section 4 the Committee shall take all steps necessary for providing to the applicant the area of land required by him.

(2) If the Committee is unable to provide the land required by the applicant, it shall within one month of the application, apply to the Government for the acquisition of the necessary area of land within the notified area.

Section 14. Supervision of the proceedings of the Committee by the Deputy Commissioner

14. Supervision of the proceedings of the Committee by the Deputy Commissioner.- (1) The Deputy Commissioner may of his own motion or on an application of the party aggrieved, call for the records of any proceedings whereby any person has been convicted by the Committee under section 13, and may cancel or modify any order of conviction but not so as to enhance the penalty.

(2) A fee of Rs. 2 shall be paid on every application.

SECTIONS