Agriculture Law of Enugu State (Cap.10)

Agriculture ~----~cc.HHAA~P1T~E:iRLJ(J ol-------~r c~A~P:: . ~10~22s~1 AGRICULTURE LAW to make provisions for regulating the pla t· ,4 iaw n Jng and ·ng of agricultural crops, for the control of pi t d . rolfl an 1seascs · g d ests and for related purposes ao .P [2 7'" A 11g 11st 199 I j 1. This Law may be cited as the Agriculture Law 2. In this Law ··applicanf' n1eans person who has applied for a Joan under this Law; ··Board" n1eans Board of Agriculture established under section 4· ' ' Chainnan" means Chairman of Credit Board· ' '"Commissioner" n1eans Com1nissioner charged with responsibility for matters relating to agriculture and food production; · ··examiner" n1eans any officer of the Agriculture Division of the Ministry of Agriculture of the rank of Agricultural Assistant and any person appointed as an exa111iner under the provisions of this Law or any regulations 111ade hereunder; · · .;Governor" 1neans Governor of the State; .. noxious \Veed·' n1eans any weed harn1ft 1l to 1nan or beast or injurious to agricultural or horticultural crops; .. pesf' means any insect or other anin1al injurious to agricultural or horticultural crops; . . . "plant'· n1eans pJai1i or parts of a plant such as cuttings. suckers. bulbs, tubers, roots, hauJn1s and fruits, but does not include the true seed unless this is expressly stated and does not include n1anufactured · or processed products of plants~ · . · .. c' i\ N S L CI\P.8 Short litlc lntcrpn:lation .. ; .. · . . ·: . ~ . : .. , .. . ~ • ... ... -- --· - ---- . 258 C AP. IOI 'rr-•·nrrn,.;r.i ,lf C\. ....,,,.-~--,=f', n ,-a:-J, • . \.p-r .. :u t f ::t.: Ou1ie; of Board, . Agriculw re 1 d ., ,,,c.·· r"ie:ms nv Ji. cu c c nuscd bv ru,w us h·ict ~ --r ,ant l C<1-.... t; I ' • • • .J ' • r r:- - ' < Crl\.ltn . " tl1cr oronn i ·m ,npmou . to .ign cu\turn \ o r h o r ticult L1r· \ . v 11 11·,. or an~ v ~ . · . . . . . a 1.:rop,, :1 C ~t··· ,· ,, -ludc nn, r c 1s 0 n e ngaged 111 the cult1vat ,nn c•)\\ . · ··pro( u t.: • • ' ~1.: t1n 11 1 r~raration tlf I rn<lu c: . . 1 r · . 1,1 ,c·· mc:ins J-'nugu Sta te n f N 1gc n a. J. Th~ Puhli Serv ice Commission n,ay appo int fit pcr-.;on.,, \ li h\.'. examiner for the purposes of this Law . 4. {I) There is hereby es tabli shed for the State a Board o f J\gri<:H\ ll ,ri.: . 2) The Board shall consist of the following (a) seven official members; namely (i) the Chief Inspector of Agriculture or his representative; (ii) the Chief Conservator of Forests or his representative· (iii) the Registrar of Cooperative Societies or his representative; (iv) the Chief Veterinary Officer or his representative; (v) the Economic Adviser to the State Government or his representative; (vi) the Secretary, Enugu State Agricultural Development Corporation or his representative; (vii) the Dean of the Faculty of Agriculture, University of Nigeria, Nsukka, or his repre·sentative, and (b) twelve unofficial members to be appointed by the Commissioner to r~present. agricultural and livestock producers. (3) The Commissioner shall appoint an official ine1nber to be the Chairman of the Board. 5. ( l) The duties of the Board are to advise the Con1n1issioner upon (a) all matters concerning agriculture; (b) the fran1ing of regulations to be n1ade under this Law; (c) the carrying out of the provisions of this Law or of any regulations rnade thereunder-, (d) any matter concerning the general purposes of this Law; (e) any matter refen-ed to it by the Com1nissi6ner. ..,, - . .-· ..... , lg r icult/fre ICAP. 10 ' t I ( i I I 1 I t j ' ! . ! ' J. I (2) TI1c Commiss io ner ~ha /I c.:on .. . ,-tl ' r , 1 . . , l: d ll \ ac ' lc..c r 'C . d fi Board bul . lwll 11 0 ( be bo und l o accept it.. c civc rom the 6. ( 1) /\ member of the Boa rd o th ,. 11 • , . l:I ldn an e t o//ici , h . rhis sccr1011 referred to as an unoffic, .... 1 h · · · 0 mcm er <rn • . u mem er) may at . , · h a lcllcr o f res1g1rntio n under his h-111cl "d I . - d . m1} time. ) . · . · • '-' ( rcssc to the Cha · . resign hzs membership. but. sa ve as afop~s., .d d 1 . • ,rm<1n. . . f J . . c '- · u l an S ll 1JCC l to the oth"r Pro,,,s,ons o t 1Is sect10 · r - · · ~ , n. an uno d1c1al member shall hold office for i three years from the date of his appointment. l ~2~ An unofficial ~,,ember who has ceased to he a member s ha ll be el1g1ble for rc-appomtment. (3) If the Commissioner is satisfied that an uno fficial member (a) has been absent from two consecuti,-c meetings o f the Board without the permission of the Board: ~ (b) is incapacitated by physical or mental illness: or ( c) is otherwise unable or unfit to discharge the functions of a 111ember, the Con1missioner may declare his office as member of the Board vacant and shall notify the fact in such manner as he thinks fit , rnd thereupon the office shall beco1ne vacant. (4) Where an unofficial member is temporarily incapacitated by illness or is te1nporarily absent from the State, the Comn1issioner n1ay appoint any-person (not being a public officer) to be temporarily a member of the Board during such incapacity or absence. 7. (I) Su~ject to the provisions of this section, the Board n1ay make · standing orders providing for the proper conduct of its business. · ~2)Thc 1ncet1 ngs of the Board shall be convened by the· Chainnan f . ~Ith the approval of tlle Cdrr1n1issioncr~ but any six.·111cinbers n,ay ~y / . ; 0tj~e in Wr~ting Signed by thein request the Cha irn1m 1 t~ conve~e a / . ·aPeciaJ.meet1ng of the Board for·the purpose sp~c1fied 1n such not~ce, ! .. · .. ···•· co~/~00 receipt of such noti~e, the ~hair~an shauat the earheSI · -.. · · .. · .-: < · .. · enient date convene -a special meeting for such purpose. 1 , . . . - . . · .. •.. • 1 . ' '- . .... ·~· ': . .... ,· .··-. . :..-.., . , C llllt\: ,1nd ~ 11,;;,•1•,n .. r nff1c-c Ii~ unolfiv.11 l'n£P,h; .r ~ k ~tin2s and '-' proc~t'ding.s or Board ·, ..· .. ' .. . - ~· ·> ~ . . 160 . . Agriculture CAP. 10) . l . . h B ·w1 . c t1pon any specta occas1on, t e oard desires t b . Commissioner empowered to make regulations (3) 1er . 1 o o ta, 1 . f. person upon any part1cu ar tnatter, the Board n t 1e dv1ce o any · 1 . may co a to be a rnetnber for s~1c 1 111eet1ng or n1eetings . -opt such person 11 } ·1 as may b . d· and any such person sha , w 11 e so co-opted have 11 e i"equ1re , l • f I B ·d ' a the . 1 . d privileges of a rnen1be1 o t 1e oat , save that he shall ng 1ts an · . not be entitled to vote on any question. (4) All questions proposed for decision shall be d etcrrnincd by the , · ··ty ot'tl1e votes of the n1e1nbers present and votmg m~m1 . . . . (5) The Chairn1an shall have an ong1nal v.ote and also, 1 f upon an question the votes are equally divid ed, a castmg vote. . Y (6) At any tneeting of the Board six men1bers and the Chairman shall form a quorun1. . (7) The Board shall not be disqualified from the transaction of business by reason only of any vacancy an1ongst jts n1embers. 8. ( 1) The Co1nmissioner 1nay 1nake regulations (a) for the control of diseases, pests or weeds, prohibiting temp01:arily the growing or cultivation· of any plant or crop during specified periods of the year, prohibiting the sowing or planting of any kind of plant, specifying any particular kind of seed or plant as the only kind pern1ittGd to be used. or controlling the distribution of any kind of seed or planting materials; (b) . for maintaining and improving the quality of agricultural or horticultural plants, fruit trees or crops, and. for purposes incidental to such maintenance or i1nproven1ent, including in the event of disease or pest infestation the destruction and the replacen1ent of any .plant or tree and the destruction of any crop or part thereof; · (c) for prescribing the n1easures to be taken for conserving the soil and combating soil erosion; .(d) for prohibiting, restricting, or controlling .the distribution and use . or artificial fertilizers and for the marketing. ~hemical ·composftio11 or qttality thereof; · . · (e) · for .r,rescdbing penalties for offences against any regulation .. · ?~,a~~ ,here(mde1· . ·not , exceeding : ,two ;}nmc.fred naira or Jmprisonn1ent for.- six · 1nonths or · both, as the Comnl~ssi~ners n1ay thi~k fit; . '~ ·. . . · .. . . l I AKriculture (CAP. 10 261 (-f) f~r specifying charges, expenses or fees to be pai4 in respect of any. matter or act for which provision is made in any regulat10n; (g) generally for carrying into effect the provisions of this Law. (2) Nothin g i~ this Law shall be construed so as to make it obligatory for the Comm1ss10ner to obtain or act on the advice of the Board before making regulations under subsection( 1 ). 9. ( l.) Where plants, seeds, soil, containers, straw, and other packing Plant diseases materials or any other similar goods or things are found, or suspected to be infected with any plant disease or pest, an officer of the Agriculture Division of the Ministry of Agriculture not below the rank of Agricultural Officer 1nay order them to be destroyed unless they can be treated to his satisfaction for the ren1oval of the plant disease or pest. (2) Where any plant or crop, whether growing or not, or any produce is found or suspected to be infected with any plant disease or pest, or where any noxious weed is found to be growing in any place ( a) an officer of the Agriculture Division of the Ministry of Agriculture may make such order as he may deem necessary for the treatment of such plant disease, pest or noxious weed; and (b) upon the failure of the owner of such plants or crops to comply with any such order, any officer who made the order or any person authorized by him in that behalf, may, if such officer deen1s it necessary in order to prevent the spread of the plant disease, pest or noxious weed, enter upon any land · or premises and carry out such measures as may be necessary, at the owner's expense. 10. For the purpose of carrying out his duties under this Law or any regulations made hereunder, any examiner shal-1 have power at all times which are reasonable having regard among other things to. the religious beliefs and social customs prevailing in the areas in question~ to-enter any Right of entry to . take samples .. ) • ... . ... ~ .. ; •·. . ;" • !,, ; ;. ' -, ... : .. · . . " .. ~'.: ' ' . ' . .. ~ ·. · .. ·~. < .· ', , ... • ~. ·':.> • - • ., • • •, <~ ,\ ·· ~ -.~:' '' . ., I .,· ~' {.• • ~·~ .. ..... -.. ---; .. ,.. ..- --·-·. - -: '61 CAP. 10) Furnishing of information. Offences ·Prosecution Agriculture building or place in which he has reason to suspect that any fertilizers plants, crops or parts thereof which are subject to regulations mad; under this Law arc stored or grown and to take samples of such fertilizers or produce. 11. (1) Any ot1icer of the Agriculture Division of the Ministry of Agriculture not below the rank of Assistant Agricultural Superintendent may call upon any person to furnish him with any information he may reasonably require for the purpose of investigating any offence against this Law or any regulation made hereunder. (2) No person who obtains any information by virtue of this section shall, otherwise than in the execution of his duties under this Law, disclose that information except with the permission of the Governor. 12. ( l) Any person who ( a) hinders or molests any Agricultural Officer, or any other person charged with any duties or powers under this Law or any regulations made hereunder, in the exercise of any of his duties or powers; (b) without lawful excuse, fails to comply with any order lawfully given under the provisions of this Law or of any regulations made hereunder; ( c) without lawful excuse, fails to furnish any information lawfully demanded under the provisions of this Law or of any regulations made hereunder or furnishes information which he knows to be false in a material particular, or does not believe to be true, is guilty of an offence and shall be liable on summary conviction to a fine off our hundred naira or to imprisom1,ent for one year or to both such fine and imprisonment. · (2) In. any prosecution for an offence against this section, the onus of proving existence of a lawful excuse shall lie on the person charged. 13. Notwithstanding the constitutional powers of the Attorney- General to institute and undertake criminal proceedings, no prosecution for an offence against this Law or any regulations made . hereunder shall be,commenced except with the consent of an offic~r not below the rank of Agricultural Superintendent: and for th1.5 purpose, a prosecution of an .. $ .. I. . I i. ' t . i I t t I II I ' f ~- i '! f~ I 1 \ ( . ' . on 111, Jr.. r \ i ~ Agriculture [CAP. 10 · 263 offence against this Law or any regulations made hereunder may be brought in the name or the Commissioner for Agriculture · and conducted by an officer of the Agricultural Division of the Mi.nistry of Agriculture not below the rank of Agricultural Superintendent, and any prosecution so brought and instituted shall be deemed prima Jacie to have been commenced with due consent 14. Where any proceedings, whether civil or criminal, are brought against any public officer in respect of any act done in pursuance of any of the provisions of this Law or of any regulations made hereunder, it shall be a good defence to show that there was a reasonable and probable cause for the act in respect of which such proceedings are brought. 15. Any expenses or fees due under the provisions of this Law or.of any regulations 1nade hereunder may be recovered by the Chief . Inspector of Agriculture as a civil debt. SUBSIDIARY LEGISLATION Agriculture Law BUD-ROT REGULATIONS (under section 8) . be cited as the Bud-Rot Regulations. 1. These regulat10.1s may 2. In these regulations- · . . . . . Im owned by a local con1munity means the '"owner'' in-relation to a pa . · .. Defence in civil and criminal proceedings Power to sue for fees. head ofthe community. . . . . ~ . . . . . . or coconut pnlm which i·s· nttncked by . . 3. fhc owner ol an otl palm . . . l to· be cut dow n and tot.ally . b · 1 · I ... ,1usc the pa m · · · .· · . f udrot shall tort 1w1t i Cc. · 'f the Local Goverrnnent St~cretary O destr9yed by·fire,ancl shall not, Y · , · . .. . . • · · . . . · ·. · . the sarpe. . . . .