The East Punjab Conservation of Manure Act, 1949

1. (1) This Act may be called the East Punjab Conservation of Manure Act, 1949. (2) It extends to the whole of the [Union Territory of Chandigarh]. (3) It shall come into force in such areas and on such dates as the [Central] Government may by notification in such manner as may be appointed in this behalf.

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 [Central 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, peat, 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 [5 of the [Punjab Village Panchayat Act, 1939]]; (k) “prescribed” means prescribed by rules made under this Act.

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.

1. (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.

1. (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 Punjab Village Panchayat 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 moveable or immoveable, to enter into contracts and to do all other things necessary for the purpose of this Act.

1. (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 maintenance of all records or registers which may be prescribed.

1. (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.

1. (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.

1. (1) If in the opinion of Government any land is required for conservation of manure, in pursuance of an application under sub-section (2) of section 8, it may acquire such land under the provisions of the Land Acquisition Act, 1894. (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.

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.

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.

1. (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).

Any person who disobeys a notice issued under section 12 shall on conviction by the Committee be punished with fine which may extend to 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.

1. (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 is 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 for orders.

Subject to an order made by the Deputy Commissioner under section 14, the order of a Committee under this Act shall be final and shall not be called in question by any court or other authority.

If in any case a Committee fails within a reasonable period of the default to issue notice under sub-section (1) of section 12, 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 any person disobeys a notice issued under the last preceding section the officer who issued the notice under the last preceding section may make a complaint to the nearest Magistrate having jurisdiction who shall thereupon exercise all the powers.

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

The Deputy Commissioner may by writing delegate any functions under this Act by name or by designation of office to any Revenue Assistant or Tehsildar.

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

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

The provisions of the Punjab 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. (1) Government may make rules 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 Chairman 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; (f) the custody and proper maintenance of funds of Committees; (g) the terms and conditions on which land 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.

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, taken or commenced or incurred in exercise of the powers conferred by or under this Act.