Assam Agricultural Pests and Diseases Act, 1950

l .i ASSAM ACT XXXV OF 1950 * THE ASSAM AGRICULTURAL PESTS AND DISEASES ACT, 1950 [Published in the "Assam Gazette", dated the 20th December 1950] An Act to provide for the preveution of the spread of insect pests, plant diseases and noxious weeds in the State of As!i.am Preamble.-Whereas it is expedient to provide for measures for the preven tion of the spread of insect pests, plant diseases and noxious weeds injurious to health or to crops, plants, trees or water supply or obstructive to waterways within the State of Assam, it is hereby enacted as follows : PART I Preliminary 1. Short title, exten,t and commencement.- ( 1) This Act shall be called "The Assam Agricultural Pests and Diseases Act. 1950". (2) lt extends to the whole of Assam. (3) It shall come into force on such date1 as the State Government may, by notification in the official Gazette appoint in this behalf. 2. Defmitions.-In this Act, unless there is anything repugnan t in th.J sub ject or context, (!) "Crop" means any agricultural produce whether stored for consump tion or standing and includes seed, plant or any part thereof; (2) "Director of Agriculture" means an Officer appointed by the State Government to be the Director of Agriculture and includes every person who for the time being performs the duties of the office ; (3) "Insect pest" means any •insect or other invertebrate animal and shall include bacteria and other vegetable or animal organisms, which has been declared by notification under section 3 of this Act to be an insect pest; (4) "Inspecting Officer" means the officer appointed as such under sec tion 20 of the Act ; (5) "Noxious weed" means any weed which has been declared by notifi cat;on under section 3 of this Act to be noxious weed ; (6) "Notified area" means the area covered by a notificatioc pubiished under section 3 ; * For statement of object and reasons see "Assam Gazette", 1949, Part V, page 197, Report of the Select Committee, Part V, page 89. l l ! 356 (7) "Occupier" mean~ the person i n actu~l occupation-of any land, premises .' or water or the person havmg for -the time being the right of occupation of thci"" · land, premises or water, or his authorjsed agent arid includes a local authority ·. and a railway. or other company having such right of occupation or any such actual ·occupat10n. (8) "Plant disease" means any fungoid, bacterial, parasitical or other ; disease which has been declared by notification under section 3 of this Act to be a plant disease ; . . (9) "Plant" includes the fruit, leave, bark, roots cuttings or ainy living portion o~ a plant bu~ ~oes not 111clude the seed unless the seed has been especially mcluded m the defirutlron of plant by the State Government by notification under; this Act; · · (10) "Prescribed" means prescribed by notification or rules made this Act. · (11) "Valuing Officer" means Officers appointed as such for the of .this Act. PART II . 3. Notification by the State Govemment of areas affected by insect pests, plant diseases nr noxious weed.-(1) If the State Government consiider that any ,,:; pest,' disease or weed in any local area is injurious to health, crops, plants, trees '· -· or water, supply or is obstructive to water-ways and tha t it is necessary to take · ,, measures to eradicate it or to prevent its spread, introduction or re-appearance, ~:·, they may by notification in the official Gazette- · (a) declare that such pest, disease or weed is an insect pest, a plant disease or a noxious weed, (b) prohibit or restrict the removal of any plant or crop from one place td another or prescribe such other preventive or remedial measures · • as may be necessary in respect of such pest, disease or weed, and .• (c) define the local area within which and the per~od during which such · notification shall be in force . (2) Where the preventive or remedial measures prescribed in sub-section (1) ,. include the removal or destruction of any plant or crop in order to eradicate or prevent its spread, the introduction or · re-appearancre of . any insect pest, plant disease or noxious weed, such 111otification shall, prior to the date . on which the notification shall come into force, be proclaimed in the local area defined in the notification in such manner as may be presc&bed. 4. Liability on the occupiers.-On the iss~e of a notification under section 3, · . every occupier within the notified area shall be . bound to carry out th~ remedial -~ and preventive measures presccibed in such notification. Explanation . ...:..For t~e 1;urpose only of this section qovernment shall. be : ; tleemed to be the occupier m the case of ·all lands, prennses or water which; · ~ey have for the time being the right to occupy or are in their/actual <;>ccupation. 5. Power of entry.-Any inspecting, officer may with presc1.1ibed notice e~ter '.~ into any premises, land or water within the notified area and take such act10n as may be necessary in order to ascertain- · (a) whether any insect pest, plant disease or noxious weed is present ; and · (b) whether the prescribed reine:dial or prevenbtve me~sures or both, the case may require, have been taken. 357 6. lnspecting Officer may serve a notice on occupier to take remedial or preventive action.-(1) If any Inspecting Officer finds that any prescribed remedial or preventive measures have not been properly carried out he may, subject to such rules as the State Government may prescribed under section 22 call upon the occupier by nooice in writing to carry out the prescribed remedial or preventive measures within a time to be specified in such notice. (2) The occupier may within seven days of the service upon him of such notice prefer an appeal to the prescribed officer who may make such order as he thinks fit. The decision on such appeal shall be final. (3) The Officer receriving the appeal may extend the time specified in the notice under sub-section (1). 7. Occupier failing to comply with the notice served on him commits an offence.-If any occupier upon whom notice has been served under section 6 fails to comply with the notice within the time specified by the Inspecting Officer, or, in case where an appeal has been preferred, by the prescribed officer on appeal, he shall be deemed to have committed an offence under this Act and the prescribed remedial or preventive measures may be carried out by the Inspecting Officer or under his supervision. 8. Recovery from the occupier of the cost of preventiYe or remedial mea• sores carried out by the inspecting OUicer.-(1) If any prescribed remedial or preventive measures are carried out by the Inspecting Officer under section 7 the cost of such measures shall be recoverable from the occupier as if it were an arrear of land revenue, but such occupier may appeal to the Deputy Commis sioner within thirty days from the date of demand on the ground that, (a) charges for items other than costs of labour, material or use of im plements have been included, or (b) the charges for labour, materials or use of implements are unduly high. (2) The order of the Deputy Commissioner on such appeal shall be final. 9. Destruction of trees or plants in execution of remedial or preventive mea sures and compensation.- (1) If in carrying out any prescribed remedial or pre ventive measures under section 6 the Inspecting Officer destroys or causes to be destroyed; (a) any tree which is infected with the insect pest or plant disease, or (b) any plants, not being trees, some or all of which are affected by the insect pest or plant disease but which are grown so closely together, that it is not ordinarily practicable to treat each plant individually, or (c) any plants including trees which, though not so infected, have in his opinion become liable to such infection ; (d) any crop which is infected with insect pest ; he shall serve a notice in writing on the occupier stating particulars of the trees, crop a nd plants destroyed and his estimate of their value. ,., 358 , . (2) When any trees or plants .or crops are destroyed as aforesaid, the occu- . pier shall not' be entitled to any compensation except in the case of aniy plants destroyed unqer clause (c) of sub-section (1), where the full value of sµch plants shall be paid. . . . (3) For the purpose of t,his section "value" shall mean the, value of the tree or plant at the time of its destruction. · 10. Claim for compensation bow and when to be made.-All claims for com-• ,pensation under section 9 shall be made in writing to the valuing officer ,appointe4 · by the State Government within one month from the service of the notice men tioned i.n sub-section (1) of section 9. 11. Award of compensation.-(!) The valuing officer after ·making ,such en-r' quiry and taki:ng such evidence as he may consider necessary shall award com- . pensation not exceeding the rate prescribed in section 9 and transmit.or cause to· ~be transmitted copies of his award in writing to the occupier and to the inspecting ~ officer. · . · · , · · (2) The date within which and the officer before whom an. appeal may . be h:meferred -~hall be entered in the award, . . 12. Appeal against award~- Either the occupier or the Inspecting Oflker; may within thirty days of the date of receipt of the award prefer an appeal against suoh award to the presci;ibed officer whose d.ecision shall .be final. ' 13. Obli~ation of village officers ,to report 011 insect pest, plant diseases .or uoxiowi weeds.-Village Officers of villages adjoining a notified area within. whos.e ... . village limits pest, disease or :,veed sinii1ar to the insect pest, plant disease ·or noxioqs 'r : weed within the notified area shall appear, shall report the sanie to the bepufy~ Commissioner or Subdivisional Officer and the Director of Agriculture: · ,,. 14. Punishment for offence under settioµ 7,-Any one convicted ry a magis•. trate of an offence under section 7 of this Act shall be liable .to fine not exceeding ' Rs.SO or .in default to simple imprisonment for a period not exceeding 10 days. ,;j,, ~ 15. Contravening notification under section 3(b) to be an offence; and rpunishment therefor.~If any person contravenes a notification under section 3(b) of this Act prohibiting or restricting the removal of any plant or crop from one· place to another he shall be deemed to have committed an offence under this rAct. Any one convicted by a magistrate of such an offence shall, in addition to . cdnfiscation and destruction of the plant or .crop in respect of which the offence·, was committed, be liable to a fine not exceeding Rs.SO or i:n 'ctefault to simple irri- · prisonment for a period not exceeding ten days. , , PART Ill Mbcellaneous . 16. Compensation to occupier for ·trees and planJs destrQ~e<l-Where an.' occupier destroys any trees or plants or crop in obedience to a notice issued under ·section 6; he may :be .granted compensation in accordance .with such rules as may.:. be made under this Act. · 17.. Compe.uation not-payable, for noxious ·weed destroyed.--:--Notwithstand- • i~Jng. anything ,in this Act,. no .compensation shall be payable· fpr any noxipus· ,weed: destroyed. 359 18. Protection of action taken under thG Act.-(1) No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done or for damage to property caused by any action which is in good faith taken or intend(;,-! to be taken in pursuance of this Act or any rules made thereunder. (2) Save as otherwise expressly prnvided under the Act, no suit or other kgal proceeding shall lie against the Government for any damage caused or likely to be caused by anything in good faith done or intended to be done in pursuance of this Act or any rules made thereunder. 19. Institution of prosecutiolls or other legal proceeding..~ under this Act. (1) No prosecution under this Act sh:ill be commenced except with the previous 51mction of the Director of Agriculture. (2) No prosecution under this Act shall be commenced after six months from the date of the alleged offence. 20. Appointment of Inspecting Officcrs.-Th~ State Government may from I time to time appoint Inspecting Officers for the purposes of this Act. 21. Delegation of Powers.-The State Government may by notification in the official Ga2:ette delegatt: ail or any of their powers under this Act except those conferred by sections 3 and 22 to · the Director of Agriculture or any other officer appointed by Government. PART IV I i Powe,r to make Rules ··. 22. Power of Government to make rules.--(!) The State Government may, subject to the condition of previous publicatio1•, make rules, for carrying into effect the purposes of this Act. l I . i , j . (2) Without prejudice to the generality ot' the foregoing provision, such rules may prescribe (a) the methods of publication of descriptions of insect pests, plant diseases and noxious weeds and the treatment to be followed ; (b) the qualifications required of Inspecting Ofl:icers: (c) the procrdure to be followed in making an award under section 12 and the methods and conditions of valuation of trees. plants and crops; (d) the officers to whom appeals may be made, and the procedure to be followed in resnect of such appeals ; (e) the procedure, ~otices and methods of service thereof, notifications, registers and other processes needed for effectual working of this Ar.t; (f) inclusion of seed within the definition of a plant; (g) the procedure fer payment of compensation under section 16 and for all matters connected therewith ; (h) the methods generally to carry out the purpose<; of this Act.