Manipur Conservation of Paddy Land and Wetland Act, 2014 (Act No. 10 of 2014)

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PRS or any persons connected with it shall not be in any way responsible for any loss, damage, or distress to any person on account of any action taken or not taken on the basis of this document. The Manipur Conservation of Paddy Land and Wetland Act, 2014 Act 10 of 2014 Keyword(s): Conservation, Drainage Channel, Paddy Land, Public Purpose, Wetland No. 150 MANIPUR GAZETTE �� EXTRAORDINARY Imphal, Toesday, September 2, 2014 GOVERNMENT OF MANIPlJR (Bhadra 11: 1936) SECRETARIAT: LAW &LEGISLATIVE AFFAIRS-DEPARTMENT NOTIFICATION Imphal, the 2nd September, 2014 No. 2/38/2014-Leg/L : Toe following Act of the Legislature, Manipur whích receíveà assent of the Governorof Manipur on 29-08-2014 is herebypublished in the official Gazette. THE MANIPUR CONSERVATION OF PADDY LAND AND WETLAND ACT, 2014 (MANIPUR ACTNO. 10 OF 2014) An Act to conserve the paddy land and wetland and to restrict the conversion or reclamation thereofin order to promote growth in the agricultura/ sector in the State of Manipur. BE it enacted by the Manipur Legislative Assembly in the Sixty­ fifth Year of the Republic of India as follows: l . ( 1) This Act may be called the Manipur Conservation of Paddy Land and Wetland Act, 2014 (2) It extends to the whole of the State of Manipur wherc the Manipur Land Revenue and Land Refonns Act, 1960 (No. 33 of 1960) is extended, 1 3) lt shail eome into force on such date as th�: State \ . Government may, by notification in the Offi.cial Gazette, appoim. Shott tílle, extent lHHi commencement, Definitions. 2. 2 In this Act, unless the context otherwise requires, (a) .. agricultura} officer" means the agricultura! officer ofthe Department of Agriculture designated by the Govemment for the purposes of this Act; (b) "Committee" means the Local Levei Monitoring Committee constituted under section 4; (e) "conversion" means the situatiàn whereby land that has been under paddy farming and its allied constructions like drainage channels, ponds, canais, bunds and ridges are put to use for any other purpose; (d) "Deputy Commissioner" means the Deputy Commissioner of the district concemed and includes any other officer authorised by the Govemment to perform the functions of the Deputy Commissioner; (e) "district" means a revenue district; (f) "District Agricultura! Officer" mean·s the District Agricultural Officer of the District designated by the State for the purpose of this Act; (g) "District Levei Committee" means the District Levei Committee to be constituted under section 7; (h) "drainage channel" means the inlets or outlets for the flow of water to or from a paddy land; (i) "Government" means the Govemment of Manipur; G) "holder of paddy land" means a person holding any paddy land whether as owner or under a legal right; (k) "local bodies" means a Panchayat as defined in the Manipur Panchayati Raj Act, 1994 (Act No. 26 of 1994) or a Municipality as defined in the Manipur Municipalities Act, 1994 (Act No. 43 of 1994); (1) "paddy land" means all types of land in the State where paddy is cultivated at Jeast once in a year or suitable for paddy cultivation but uncultivated and left fallow, and includes its allied constructions like drainage channels, ponds, canals, bunds, ridges: (m) '"prescribed" means prescribed by rules made under this Act; (11) ·•public purpose,, means public purpose specified by the Government by notification in the Official Gazette; 3- .,. (o) "reclam.ation" means such act or series of acts whereby a paddy land is converted írreversibly and ín such a manner that it c�ot be reverted back to the original conditíon by ordinary means; (p) .. State'' means the State ofManipur; (q) ••state Level Committee" means the State Levei Committee constituted under section 8; (r) "Sub-Divisional Officer" mean, the Sub..-Divisional Officer of the sub-division concemed of the district; . } . i (s) "year" means the Gregorian Calendar year; (t) "wetland" means land lying between terrestrial and aquatic system where the water table is usualiy ator near the sütface or which is covered by shallow water or char-acterized by the presence of sluggishly moving or standing after. saturrating the soil with water and includes fresh water lakes, marshes and swamp forest. ". 3. Notwithstanding anything contained in the Ma.nipur Land Revenue anel Land Reforms Act, 1960 (No. 33 of 1960), on ·and from the date of commencement of this Act, the holder of paddy land shall not undertake any activity for the conversion or reclamation of such paddy land except in accordance �th the provisions of thi$ Act. • 4. ( 1) Toe Government sball constitute a Local Level Monitoring Committee in each ward of Zilla Parishad or a Municipality, as the case may be, consisting of the following (a) Sub-Divisiona l Officer concemed (b) Sub-Deputy Collector concemed of the circle in the district (e) Two representatives of farmers in the concemed Zilla Parishad ward or the concemed municipal area to be nominated by the Deputy Commissioner concemed ( d) Toe Agricultura! Officer concemed Chairperson Member Member Member Convenor Prohibition 0D convenion o.r reclamatioa of peddy land. Coastitution of Local Levei Moaitorinc Committee. f; -4 (2) The Committee shall have the following powers. �ely (a) to recommend to the District Levei Committee for the reclamation of paddy land and wetland for public purpose or for construction of residential building for the owner of the paddy land: Provided that the Committee shall not reconunend for reclamation of paddy land of more than 0.20 acre (0.08093 hectare) inaPanchayatareaor 0.10 acre{0.04046 hectare) in a Municipal area, as the case may be, for the construction of residential building for ,tlie owncr of the paddy land; (b) to inspect the paddy· land situated within the jurisdiction of the Committee to monitor whether the provisions of this Act are being complied with and to report to the Sub-Divisional Officerregarding vfolations, ifany, ofthe'provisions ofthisAct; . . : (e) to consider the complaints receivec ffrom the public regarding the allegations of violation of the provisions of this Act and to intervene in the issue to prevent such violation; (d) to examine the reason for 'keeping the paddy land fallow and to suggest remediai measures so as to persuade the holder of paddy land to use it for any intennediary crops. (3) The Committee shall perform the following functions­ (a) to prepare the data-bank with the details ofthe paddy land along with the survey numbers with the help of the map prepared on the basis of sateHite pictures; (b) to make suggestions for framing detailed guidelinés for the protection of the paddy Jand in the areas under the jurisdiction ofthe Committee; (e) to collect the details of the paddy land within the area of jurisdiction of the Committee, reclainied in contravention ofthe provision of any Jaw forthe time being in force, before tl1e date of commencement of this Act and to give the report to the Sub-Divisional Officer; 5 (d) to perform such other functions, as may be entrusted by the Deputy Commissioner concemed from time to time. ( 4) The quorum for a meeting ofthe Committee shall be three and it shall meet as and when required at any venue as decided by the Chairperson� (5) The Committee may decide the procedure for its meetings and the Agricultural Officer concemed shall keep the proper mi!!ntes of the meeting signed by every person attended. (5) (1) The tenn of office of the non-official rnembers of the Local Level Monitoring Committee shall be three years from the date of its constitution. After the expiry of the term of the Committee its non-official members may continue in office till the constitution of the next Comn1ittee. (2) A non-official member may resign from his office at any time by writting under his hand. 6. ( 1) Toe Agricultural O:fficers shall be the reporting officers, in respect of the paddy land in the area under their jurisdiction and it shall be their responsibility to report to the Sub-Divisional Officer regarding any act in violation of the provisions of this Act. Such reporting shall be made within a period of a fortnight from the date he receives such infonnation. (2) Any omission to make a report under sub-section (1) shall be deemed to be an offence punishable under section 18 of this Act. ., / 7. ( 1) N otwithstanding anything contained in section 3, the Government shall constitute for each District, a District Levei Committee for considering the applications for conversion of paddy land for the construction of residential building to the owner of paddy land and for taking suitable decision: Provided that the District Level Committee shall not take any decision granting permission for the conversion of paddy land for the construction of residential building exceeding 0.20 acre {0.08093 hectare) in a Panchayat area or 0.1 O acre (0.04046 hectare) in a !'-/2tmicip-al a::ea, !'.ls the case may be. The term of the Local Levei Monitoring Committee and other related matters. Reporting Officers. Constitution of District Levei Committee. 6 (2) The District Leve! Ccmmittee shall consist of the Deputy Commissioner, District Agricultura! Officer and three argicultural fanners from the district to be nominated by the Deputy Commissioner and the Deputy Commissioner shall be its Chairman and the District Agricultural Officer shall be its Convenor. (3) The term of office of the nominated members shall be three years from the date they enter upon their offices. After the expiry of the term, they may continue in office till the succeeding members are nominated. (4) Nominated members may resign from the Committee at any time by writting under his hand to the Deputy Commissioner. (5) Toe District Level Committee shall take decision on the recommendation of the Local Levei Monitoring Committee made available to it within one month. ( 6) Notwithstanding anything contained in sub-section ( l ), no application shall be considered by the District Leve} Committee unless the Local Levei Monitoring Committee has recommended..that: (a) such reclamatioi:i shall not ac;iversely affect the ecological condition and the agricultural activities in the adjoining paddy land; (b) the owner of the paddy land or his family does not own a suitable land for this purpose in the State; Explanation- For the purpose of this clause, 'family' in relation to a person, means the person, the wife or husband, as the case may be, the minor sons, the unmarried or minor daughters; (e) the building to be constructed is for his own purpose; and (d) such paddy lanu is not su1Tou11ded by other paddy land. 7 8. (1) The Government shall constitute a State Level Committee for fumishing report to the Govemment after the detailed scrutiny of the applicatiol).s recommended by the District Level Comm.ittee regarding tbe conversion of paddy land for public purposes. (2) Toe Secretary in charge of the Department of Revenue, the Secretazy in charge of the Departrnent of Agriculture, an expert in the fi.eld of environment and a scientist in the field of agriculture to be. nominated by the Govemment shall be the meriibers of the State Level Committee and the Secretary in charge of the Department of Agriculture shall bc its convenor. (3) The State Leve} Committee shall scrutinize each application r�comme�ed by the District Level Committee for reclamation of paddy land for public purpose and shall examine in detail whether any alternate land, other than paddy land, is available in that area and the ecological changes that may occur due to such reclamation of paddy land and submit a report to the Govemment. 9. Notwithstanding anything contained in secti on 3, the Govemment may grant ex:emption from tbe provisions of this Act, if such conversion or reclamation is essential for any public purpose. 1 O. , ( 1) The Government may, by notification in the Official Gazette. apppini such officers of the Revenue Department not below the rank of Sub-Divisional Officer as authorized o:fficers and may determine the area of jurisdiction within which they shall exercise their powers under this Act. (2) An Authorized Officer may, on receipt of informatio·n from the reporting officer ( a) enter any premises or any place connected therewith with such preparation as he thinks necessary for the inspection or investigation into the alleged offence under this Act; (b) require any person to stop any act in contravention of section 3; (e) seize any vehicle or other conveyances or any implements used or purported to be used in contravention of the provisions ofthis Act and send a report to the Deputy Commissioner for initiating proceedings for their confiscation; Constitution of State Leve) Committee. Poweroí Government to grant exemption. Appointment of Authorized Officers and their powers. ' ..... Power of the Deputy Commissioner. Refusal of lkence by the local authority. Special power ofthe·Deputy Commissiouer. 8 (d) require any person to furnish such inforrnation as he may consider necessary� (e) take photographs, make inventories or do other things necessary for collecting evidence regarding the commission of the offence and send a report to the Court of competent jurisdiction in order to prosecute the accused. (3) Any person required to produce any document or thing or to give any information to anAuthoriséd Officer under this section shall be legally bound to do so within the meaning ofsections 175 and 176 of the Indian Penal Code, 1860 (Central Act 45 of 1860). ( 4) Every Authorised Officer appointed w1der this section shaH be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (Central Act, 45 of 1860). (5) If an officer authorised under sub-section (1) fails to take action on the basis of the report regarding the violation of the Act submitted by the reporting officer under section 6, he shall be deemed to have committed an offence punishable under section 18. 11. Notwithstanding anything contained in this Act, the Deputy Commissioner may take such action, as he deems fit. without prejudice to the prosecution proceedings taken under this Act, to restore the original position of any paddy land reclaimed in violation of the prpvisions of this Act, and realize the cost incurred in this regard from the holder of the said paddy land, as the case may be, so reclaimed after giving him a reasonable oppo�nity of being heard. 12. Notwithstanding anything contained in the Manipur Panchayati Raj Act, 1994 (Act no. 26 of 1994), or in the Manipur Municipalities Act, 1994 (Act no. 43 of 1994), no local authority shall grant any licence or permit under the said Act for carrying out any activity or construction in a paddy land, converted Oã reclaimed in contravention of the provisions ofthis Act. 13. The Deputy Co,mmissioner may take or cause to 11e taken p1�oceedings as may, in his opinion. be reasonable for the compliance of an order issued under the provisions of this Act. 9 14. (1) Any officer ofthe Revenue Department not below the rank of a Sub-Divisional Officer or any Officer authorised by the Government in this behalf or any police officer not below the rank of a Sub-Inspector, with a view to ensure the compliance of the provisions of this Act, may enter and search any premises and seize any vehicle or any other conveyance or machinery used or deemed to have been used for any activity in contravention ofthe provisions of this Act, and a report regarding such seizure, whether prosecution proceedings have been initiated or not, shall be given to the Deputy Commissioner having jurisdiction over that area within forty eight hours of such seizure. (2) Toe provisions of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974) relating to search and seizure shall, so far as may be, apply to search and seizure under this Act. 15. (1) After obtaining a report regarding seizure under section 1 O or section 14, the Deputy Com.missioner may, if he thinks fit, order confiscation ofthe object seized: Provided that the owner or the person in custody of the object seized, shall be given an option to pay, in lieu of its confiscation, a sum equal to one and a half times the value of the seized articles, as may be determined by the Deputy Commissioner. (2) No order of confiscation under sub-section (1) shall be made by the Deputy Cornmissioner unless the owner thereof has been given an opportunity of being heard in the matter. (3) No order of confiscation under sub-section (1) shall be invalid merely by reason of any defect or irregularity Í;ll the notice given under sub-section (2), if the provisions hà.ve been substantially complied with. 16. Any person aggrieved by an order of confiscation under section 15 may, within thirty days from the date of communication to him of such order. appeal to the District Court having jurisdiction over the area in which the articles were seized and the District Judge shall, after givin.g the parties a reasonable opportunity of being heard, issue such order either confinning, modifying or setting aside the order appealed against. 17. The a\ivard of any confiscation under this Act by the Deputy Commissioner shail not affect the infliction ofanypunishment to which the person affected thereby is liable under this Act. Power of entry and seizure. Confiscation · of vehicle, etc. Appeal against confiscation. Award of confisca tion not to interfer� with other ; }Unishments. • Penalty. Cognizance of offence. Grant of injunction etc., by civil courts. Sumsdue recoverable as arrears of land revenue to Govemment. Revision. Protection of actlon taken in good faith. Power to make rules. 10 18. Any person who, in violation of the provisions of this Act, converts or reclaims any paddy land shall on conviction be punishable with imprisonment of either description for a tenn which shall not be less than three years but which may extend to tive years and shall also pay fine which shall not be less than fifty thousand rupees but which may extend to two lakhs rupees. 19. No Court below the Court of Chief Judicial Magistrate shall take cognizance of any offence punishable under this Act except on a complaint in writing of the fact constituting such offence by an officer authorised under sub-section (1) of section 10. 20. No civil court shall grant an injunction or make any order for any other relief against the Govemment or any officer authorised under . this Act, in respect of any act done or purporting to be done by the Govemment or such officer under this act or the rules or notifications made thereunder, unless notice of such injunction or other relief has been given to the Government or such officer, as the case may be. 21. Any amount due to the Government under the provisions ofthis Act shall be deemed to be arrears of revenue due on land and shall. without prejudice to any other mode of recovery, be recoverable under any other law for the time being in force. 22. Toe Government may either suo moto or on application from any aggrieved party call for the records of any act Ór proceedings of the Deputy Commissioner in any case uncier this Act, and pass such orders thereon, as it may deem fit. 23. (1) No sui� 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 provisions of this Act. (2) No suit or other legal proceedinigs 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 provisions of this Act or the rules made there11nder. 24. (1) The Goveinment may, by notifit;ation in the Official Gazette, make rules for carrying out the purpoBes of this Act. 11 (2) Every rule made under this Act shall be laid, as soon as may be after it is made, before the Legislative Assembly while it is in session for a total period of fourteen days, which may be comprised in one session or in two successive sessions and if, before the expiry of the session in which it is so laid or the session immediately following, the Legislative Assembly makes any modification in the rule or decides that the rule should not be made, the rule shall thereafter have effect only in such modified fonn or be of no effect, as the case may �. so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. TH. KAMINI KUMAR SINGH, Joint Secretary (Law), Govemment of Manipur Printed at the Directorate of Printing & Stationery, Government of Manipur/305-C/02-09-2014.