Section 154 · Removal and deposit of offensive matters

The committee may fix places within or, with the approval of the District Magistrate, beyond the limits of the municipality for the deposit of refuse, rubbish or offensive matter of any kind or for the disposal of the dead bodies of animals, and may by public notice give directions as to the time, manner and conditions at, in and under which such refuse, rubbish or offensive matter or dead bodies of animals may be removed along any street and deposit at such places. [154-A. Preparation to compost manure. - Where the State Government so requires it shall be the duty of the Committee to subject all dung to the process of making compost manure. 154-B. 2[Power to acquire, etc. - (1) Where the property in any dung vests in any person or class of persons other than the committee, the Committee, required under the last preceding section, shall acquire, either permanently or for such period as it may deem fit, the rights or interests in the dung belonging to the aforesaid persons, on payment of such compensation as the committee may consider reasonable and may assess in the manner prescribed. 3[(2) Where any such dung is requisitioned or acquired under this section the amount of compensation payable shall be determined in the manner and in accordance with the principle enumerated below :- (a) where the amount of compensation can be fixed by agreement, it shall be paid in accordance with such agreement ; (b) where no such agreement can be reached, the Committee and the person or persons as aforesaid shall appoint an arbitrator having knowledge of the price of the property or interest in the dung requisitioned or acquired: (c) at the commencement of the proceedings before the arbitrator, the committee and the person, to be compensated shall state what, in their respective opinion, is the fair amount of compensation ; (d) the arbitrator in making his award shall take into consideration the market value of the dung in the locality, the damage, if any, resulting from diminution of the profits accruing to the person or persons aforesaid and any other factor of a like nature ; (e) save as otherwise hereinafter provided in this Act or the rules made thereunder, nothing in any other law for the time being in force shall apply to arbitration under this section]. 1. Sections 154-A, 154-B, 154-C and 154-D, inserted by East Punjab Act 20 of 1949, Section 4 2. Section 154-B renumbered as sub-section (1), by Punjab Act 5 of 1951, Section 5 3. See Punjab Act 5 of 1951 80 The Punjab Municipal Act, 1911, Section 154-C 154-C. Right of appeal and revision. - (1) Any person aggrieved by [an award made] under Section 154-B may, within thirty days from the date of the communication to him of the "[award] prefer an appeal in writing to the Deputy Commissioner of the district wherein the Committee is situated : Provided where the Deputy Commissioner is himself a member of the Committee against whose decision the appeal has been preferred, the fact of his being a member shall not disqualify him from hearing the appeal. (2) The Deputy Commissioner shall decide the appeal after sending for the records of the case from the Committee and after giving the parties an opportunity of being heard and, if necessary, after making such further enquiry as he thinks fit either personally or through an officer subordinate to him. (3) A further appeal shall lie to the State Government provided that when '[the award is] confirmed by the Deputy Commissioner no such appeal shall lie. (4) The State Government "[ - ] may, at any time, call for the record of any case pending before or disposed of by the Deputy Commissioner : Provided that this power shall not be exercised by the State Government when an appeal has been preferred to [it] under sub-section (3) : Provided further that the State Government º[- - - ] shall not under this sub-section pass an order revising or modifying an order affecting any person without giving such person an opportunity of being heard : 7[-] 154-D. Jurisdiction of civil courts barred. - Notwithstanding anything contained in any other law for time being in force, no civil court shall have jurisdiction to entertain or adjudicate in any suit, application or other proceedings relating to the right or interest to, or in the compensation referred to in Section 154-B or 154-C or the amount or apportionment or the payment thereof or any matter connected therewith.