1949 East Pb. Act XV.) CONSERVATION OF 413
MANURE
THE EAST PUNJAB CONSERVATI
SBCTIONS.
[
ON OF ACT, MANURE
TABLE OF CONTENTS,
Short title, extent and commencement, Interpretation,
Power to notify certain areas, Liability of occupier or head of a family in a notified area Formation of Committees.
Chairman of Committec.
Funds.
Committee to take steps for acquin'n.g land. Acquisition of land by Government.
Powers of Committee to charge rents.
Power of entry.
Power to require conservation of manure,
Penalty for disobedience.
Supervision of the proceedings of the Committee by the Deputy Commissioner.
Finality of orders of the Committee.
Procedure if the Committee does not issue notice. Proceedings of disobedience of notice issued under the last preceding section.
No Legal Practitioner to appear before Committee. Delegation.
Recovery of dues as arrears of land revenue. Bar to suits of legal proceedings.
P T T T B T
Power of Government. Repeal.
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1949 : East Pb. Act XV. | CONSERVATION o
MANURE
'THE EAST PUNJAB CONSERVATION OF MA
ACT, 1949, NURE
415
East Punjab Act No. XV of 1949, [Received the assent of His Excellency, the Governor on th 24th October, 1949, and first published in the East ¢ Punjab Government Gazette (Extraordi October 29, 1949]. (Extracrdinary) of
1 2 3 } 4
Year No. Short title Whether repealed or otherwise affected
i by legislation .
1949, 1 XV |The East Punjab Con- | Amended in part by the Adaptation servation of Manure of Laws Order, 1950
| Act, 1949 Ar}lelngd;él in part by Punjab Act, VIII
i o 2
Amended in part by the Adaptation
ofsl.aws (Third Amendment) Order,
19.
i IAmended in part by Punjab Act, XXXIII of 19533
\ 1
i
| Extended tothe territories which, imme- | i . diately before the 15t November, 1256. | were comprised in the State of Patiala and East Punjab States Union, by Punjab Acty of 1959
Amended by the Punjab Reorganisation (Chandigarh). (Adaptation of Laws on | | ?;?86 and Concurrent Subjects) Order, i ! 3
An Act to provide for the conservation of manure in [Punjab]. .
It is hereby enacted as follows :— o oot 1. (I) This Act may be called the East Punjab ment. Conservation of Manure Act, 1949,
(2) It extends to the whole of the 8[Union Terri- tory of Chandigarh].
'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. 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 repealed by Punjab Act, XXXIII of 1953.
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 Legislature Assembly and Council Debates, 1953. For Statement of Objects and Reasons, see Punjab Government Gazette (Extrasrdinary), 1958, page 1487. )
*Substituted for the words "East Punjab" by the Adaptation of Laws (Third Amendment) Order, 1951, . . .
*Substituted for the words "'State of Punjab" by the Punjab Reorganisation (S;gndigarh) (Adaptation of Laws on State and Concurrent Subjects) Order
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416 CONSERVATION OF [1949 : East py Act MANURE Xy,
3) It shall come into force in such areag and dates( a)s the ![Central] Government may by n0tifxi1 castl'lch appoint in this behalf. ion
Interpretation. 2. In this Act, unless there is anything repugnant . the subject or context,— in
(a) "Committee" means the Manure Conseryy; Committee set up or deemed to have begy S:ttll?"
under the provisions of section 5 ; p
(b) "complaint" has the same meanin, LINE g as in tion 4 of the Code of Criminal Prog oo N edure, 1898, iy (©) "Conservation of manure'' means the 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 ; collection
(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 manage- ment ;
(f) "Government" means the -![Central Govern- ment] ;
(2) "head of the family" means a person in charge of a family ;
(b) "manure" means and includes animal dIOPl; pings, refuse, house-sweepings, ashes, Pnea}t:lt fodder, residue, filth or rubbish of any kind, 0¢s not include mineral fertilizers ; . .
. ov- (@) "notified area" means an area notified by G ernment under sectjon 3 ; e b jsation Substituted for the Words "'State Government" by the Punjab Reor8af orders (gggn digarh) (Adaptation of Laws o State and Concurrent Subjects 1968, p *Substituted for the figure g by pu;,jab Act, XXXIII of 1953 *Since repealed and replaceq by Punjab Act No. IV1953.
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x4
: 1939.
XI of
1939.
1949 : East Pb. Act 1V, CONSERVATION OF 417
MANURE
(j) "panchayat" means ga panchayat established under section 1[5 3 z 2 chayat Act. 19%9] of the 3[Punjab Village Pan- s
(k) "prescribed" mea; i under this Act, ns prescribed by rules made
3. The Government may by notification d P i area situated within the Iimitys o};' any one tghsielcfiebgng cern e notified area for the purpose of this Act, and may by noti-
fication alter the boundaries of any area so declared.
4. (1) The occupier of any building in a notified area, | iy or, if more than one person occupy a building in such area, L;:bfi %ffgogrfzfi; the head of the family residing in such building, shall con- ™ rotified area. serve manure, or arrange for its conservation, in the pre- scribed 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 Com- mittee to provide him in such area with land necessary for the aforesaid purpose.
5. (I) The Panchayat for any notified area shall be gormation the Manure Conservation Committee for such area and its ofCommittees. powers under this Act shall be in addition to its powers con- ferred under the 2Punjab Village Panchayat Act, 1939.
(2) If no Panchayat has been constituted for any noti- fied 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 moveable or immoveable, to enter into contracts and to do all other things necessary for the purpose of this Act. :
6. () The Chairman of any Committee deemed to be Ch aiman of Com.
such uncgez sub-section (J) of section 5 shall be the Sar- mittee. panch of the Panchayat.
"Substituted for the figure *'6" by Act No. IV of 1953. 3Repealed and replaced by Punjab Act No. IV of 1953.
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418 CONSERVATION OF [1949 : Eagt py Act MANURE Xy
The Chairman of the Committeg establigy, sub-s(czgtion (2) of section 5 shall be the person appo, as such by the Deputy Commissioner from among P bers of the Committee.
(3) The Chairman shall be the Chief Executiye o - of the Committee and shall be responsible fo; the &t Funds.
Committee to take
steps for acquiring
land.
Acquisition of land
by Government.
maintenance of all records or registers which may b Druee scribed.
.
7. (1) There shall be a fund vested in. each mittee whi{:h shall be utilized by the Committee n?emet charges in connection with its duties under this Act.
(2) All grants from the Government or local boge, and all sums recovered by or on behalf of the Commite, under this Act or otherwise, shall be credited to the afore. said fund.
8. (/)On receiving any application made to it ynder sub-section (2) of section 4 the Comnmittee 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 Jand re- quired 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.
9. (1) Ifin the opinion of Government any land is required for conservation of manure, in pursuance of an
(2) The Deputy Commissjoner of the District in which the area referred to in sub-section (1) is situated shall give publicity to the notification issyed under sub-section (I In such manner as may be prescribed
T
— —_— — N dbostituted by Punjab Act xxxqy of 1953, scction 3. The originsl
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le
tion had been substituted by py jab Act : has been reped b Punjab Act, XXXIII of 193 > A% VIIL of 1950, which Act ha
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1949 : East Pb. Act XV.| conservATION OF 419
MANURE
(3 After the expiry of 15 days from the issue of a notification under sub-section (7) the Deputy Commis- sioner may, by order, notwithstanding any law to the con- trary, authorise the Committee to take possession of the area specified therein.
(4) The Deputy Comm_issioner 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 amend- ed by the Land Acquisition (East Punjab Amendment) Act, 1948 (East Punjab Act XV of 1948), shall be appli- cable as nearly as may be.]
10. 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 ap- plication to it under sub-section (2) of section 4.
11. Any member of a Committee or [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.
12. (2) If any person fails to conserve manure in the manner or to the extent required under sub-section (Z) of section 4, the Committee may by notice in writing specify- ing 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-sec- tion () 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 per- son to whom notice was issued under sub-section ( D. Substituted for the words 'any Officer of the Department of Agriculture
not l'n:lov:rl the rank of Agricultural Assistant' by Punjab Act, XXXII of 1953, section 4.
Power of Com-
mittee to charge
rents,
Power of entry.
Power to _require
conservation of
manure.
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420 CONSEVATION OF [1949 : East py, Key MANURE Xv, ! rson who disobeys a notice jsg,
Comgitte?i%g; section 12 shall on conviction by the by the mittee be punished with fine which may extend ¢, tweo™ five rupees, and if the breach is a continuing breach Wi ty. further fine which may extend to four rupees for ey d after the first during which the breach continyeg, ° Xy Penalty for g
obedience.
Supervision of the 14. (J) The Deputy Commissioner May of his o, Frecedings o motion or on an application of the party aggrieved, cq)| for by the Deputy the records of any proceedings whereby any DErson Commissioner. pggyy convicted by the Committee unqu: section 13, ang may cancel or modify any order of conviction but no¢ $0 ag to enhance the penalty.
(2) Afee of Rs. 2 shall be paid on every applicatjop, Finality for orders 15. Subject to an order made by the Deputy Commjs- of the Committec. ' ;o under section 14, the order of a Commiftee unge, in question by any court or other authority.
Procedure if the 16. If inany case a Committee fails within a reson- Nt Toee odoes - ble period of the default to issue notice under sub-section (D) of section 12, Yany officer of the Revenue Department not below the rank of Naib-Tehsildar or any officer of the Department of Agricu}ture not below the rank of Agricul- tural Insp.ector]. mayissue such notice. If the notice is P&m on 17. If any berson disobeys a notice issued under the notice . feaa" last preceding section the officer who issued the notice under the last may make a complaint to the nearest Magistrate having prececding section. ju risdiction who shall thereupon exercise all the powers No logal practi- 18. No]'.withstandjng anything contained in tht o before Commaee, Legal Practitionope Act, 1879, no Jegal practitioner shal be permitted to appear before the Committee for 1 party in any Proceedings under this Act.
t 3 ffi f Agri jon
gelow the rank of Agriculturg] Asgiga,:?-crrb;f g&f{";';fif'xfly'fx'}n of 1953,secti
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( 1949 : East Pb. Act XV.] conservaTion oF 421
MANURE
19. The Deputy Commissione F f T by wri ) ' delegate any functions under this A e A e i e e ct by nam or by desig- nation of office to any Revenue Assist{mt or T;hs}illdzf:fg i 20. Any sums due
i tion to the Collector be re
] land revenue.
under this Act may on applica- Recovery of _dues
covered as if they were arrears of 253meam of land
21. No suit, prosecution or other legal proceedings Bar to suis or legal shall lie in respect of anything in good faith done or intend- Po=diss: ed to be done under Act or the rules made thereunder, *22. 'Theprovisions of the 'Punjab Village Panchayat
xtof Act, 1939, specified in the Scheduleé to this %\ct shall,yso
1939, far as may be, apply to the proceedings of Committees, the
powers to be exercised by them and the duties to be per-
formed by them under this Act and their suspension or
abolition.
- " 23. (1) Government may make Zrules for carrying Pover of Govern-
into effect the purposes of this Act. A ment to make rules
(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 processesto which itis 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 Chairman of Com- mittees;
(d) the powers of a Committee to-sue and to ac- quire, hold or transfer property and to enter into contracts;
'Repealed and replaced by Punjab Act No. IV of 1953. 3For rujes, see East Punjab Government Notification No. 19-FP-49/24, dated 30th August, 1949, .
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Repeal of Bast Punjab Ordinance No. XV of 1949, NSERVATION OF (1949 : East py, 422 co ANURE Agt Xy the records and rcgister§ to .
() by Committees and their Custody El?n'aifleq maintenance; pr%
(f) the custody and proper maintenance funds of Committees; of y,
the terms_and conditions on which Jq, 8 be transferred by Government to Comgsm'::sy
h) the scale of rents to be charged by Commj ® for sites provided by them for conservatiot;eof manure;
(i) the conduct of business at meetings of Cop. mittees and the quorum for such meetings;
(7) the punishment, suspension and dismissal of servants of Committees;
(k) the manner in which summons issued by Com- mittees are to be signed and sealed and;
(1) any other matter in respect of which rulesare expressly required or allowed by this Acttob made.
24, The East Punjab Conservation of Manure Ord nance, 1949, is hereby repealed but notwithstanding ot Tepeal any orders made, anything done, any action taki;- or any proceedings commenced or liability or penalty ¢ curred in exercise of the powers conferred by or "ndzr " said Ordinance shall be deemed to have been made, s taken or commenced or incurred in exercise of the PO conferred by or under this Act.
SCHEDULE
o Sections 11, 12, (2), 17, 18, 33, 34, 36(3), 38, 606"
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