The Assam Agricultural Pests and Diseases Act, 1950

ASSAM ACT XXXV OF 1950 * THE ASSAM AG RIC ULTURA L PESTS AN D DISEASES ACT, 1950 [Published in the “Assam Gazette”, dated the 20th December 1950] An Act to provide for the prevention of the spread of insect pests, plant diseases and noxious weeds in the State of Assam Preamble .—Whereas it is expedient to provide for measures for the preven­ tion of the spread of insect pests, plan t diseases and noxious weeds injurious to health or to crops, plants, trees or water supply or obstruc tive to waterways within the State of Assam, it is hereby enacted as follows PA RT I Preliminary 1. Short title, extent and commencement.—(1) This Act shall be called “The Assam Agricultural Pests and Diseases Act. 1950”, (2) It extends to the whole of Assam. (3) It shall come into force on such da te1 as the State Government may, by notification in the official Gazet te appoint in this behalf. 2. Definitions.— In this Act, unless there is anything repugnant in the sub­ ject or context ,— (1) “Crop” means any agricultural produce whether stored for consump­ tion or standing and includes seed, plan t or any par t thereof ; (2) “Director of Agriculture” means an Officer appointed by the State Government to be the Direc tor of Agricultu re and includes every person who for the time being performs the duties of the office ; (3) “Insect pest” means any insect or other inver tebra te animal and shall include bacteria and othe r vegetable or animal organisms, which has been declared by notification unde r 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 A c t; (5) “Noxious weed” means any weed which has been declared by notifi­ cation under section 3 of this Act to be noxious weed ; (6) “Notified area” means the area covered by a notification published under section 3 ; * For statement of objec t and reasons see “Assam Gazette” , 1949, Par t V, page 197, Report of the Select Commit tee, Pa rt V, page 89, 356 (7) “Occupier” means the person in actual occupation of any land, premises 5 or wate r or the person having for the time being the right of occupation of the land, premises or water, or his authorised agent and includes a local autho rity and a railway or other company having such right of occupation or any such actua l occupation. (8) “Pl ant disease” means any fungoid, bacteria l, parasitica l or other disease which has been declared by notification unde r section 3 of this Act to be a plant disease (9) “Plant” includes the fruit, leave, bark, roots cuttings or any living port ion of a plant but does not include the seed unless the seed has been especially included in the definition of plan t by the State Government by notification under this A c t; (10) “Prescribed” means prescr ibed by notifica tion or rules made under this Act. (11) “Va luing Officer” means Officers appo inted as such for the purposes of this Act. PA RT II 3. Notification by the State Government of areas affected by insect pests, plant diseases or noxious weed.—(1) If the State Government consider tha t any pest, disease or weed in any local area is injurious to health, crops, plant s, trees or wate r supply or is obstruc tive to water-ways and tha t it is necessary to take measures to erad icate it or to prevent its spread, introd uction or re-appearance, they may by notifica tion in the official Gazette— (a) decla re tha t such pest, disease or weed is an insect pest, a plant disease or a noxious weed, (b) prohibi t or restric t the removal of any plant or crop from one place to ano ther or prescribe such othe r preventive or remed ial measures as may be necessary in respect of such pest, disease or weed, and (c) define the local area within which and the period during which such notifica tion 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 orde r to erad icate or preve nt its spread, the introduction or re-appearance of any insect pest, plant disease or noxious weed, such notification shall, prio r 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 prescribed. 4. Liability on the occupiers.—On the issue of a notifica tion unde r section 3, every occupier within the notified area shall be bound to carry out the remedial and preven tive measures prescr ibed in such notification. Explanation.—For the purpose only of this section Government shall be deemed to be the occupier in the case of all lands, premises or water which, they have for the time being the right to occupy or are in thei r actua l occupation. 5. Power of entry.—Any inspect ing officer may with prescribed notice enter into any premises, land or wate r within the notified area and take such action as may be necessary in order to ascerta in— (a) whether any insect pest, plant disease or noxious weed is there pr es en t; and (b) whether the prescribed remedial or preventive measures or both , as ; „ the case may require, have been taken. 357 6. Inspecting 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 notice 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 prefe r an appea l to the prescribed officer who may make such orde r as he thinks fit. The decision on such appeal shall be final. (3) The Officer receiving the appea l 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 unde r section 6 fails to comply with the notice within the time specified by the Inspecting Officer, or, in case where an appea l has been preferred, by the prescribed officer on appea l, he shall be deemed to have committed an offence under this Act and the prescr ibed 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 preventive or remedial mea­ sures carried out by the Inspecting Officer.—(1) If any prescribed remedia l or prevent ive 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 arre ar of land revenue, but such occupier may appea l 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, mater ials or use of implements are unduly high. (2) The orde r of the Deputy Commissioner on such appeal shall be final. 9. Destruction of trees or plants in execut ion 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, tha t it is not ordinarily pract icable to treat each plan t individual ly, or (c) any plant s 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 particular s of the trees, crop and plan ts destroyed and his estimate of their value. 358 (2) When any trees or plant s or crops are destroyed as aforesaid , the occu­ pier shall not be entitled to any compensation except in the case of any plants destroyed unde r clause (c) of sub-section (1), where the full value of such plants shall be paid. (3) For the purpose of this section “value” shall mean the value of the tree or plant at the time of its destruction. 10. Claim for compensation how and when to be made.—All claims for com­ pensat ion unde r section 9 shall be made in writing to the valuing officer appoin ted by the State Government within one month from the service of the notice men­ tioned in sub-section (1) of section 9. 11. Award of compensation.—(1) The valuing officer afte r making such en­ quiry and taking 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 transmit ted 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 appe al may be preferred shall be entered in the award. 12. Appeal against award.—Either the occupier or the Inspecting Officer may within thirty days of the date of receipt of the award prefe r an appeal against such award to the prescr ibed officer whose decision shall be final. 13. Obligation of village officers to report on insect pest, plant diseases or noxious weeds.—Village Officers of villages adjoining a notified area within whose village limits pest, disease or weed s imilar to the insect pest, plant disease or noxious weed within the notified area shall appear, shall report the same to the Deputy Commissioner or Subdivisional Officer and the Director of Agricu lture. 14. Punishment for offence under section 7.—Any one convicted by a magis­ tra te of an offence under section 7 of this Act shall be liable to fine not exceeding Rs.50 or in default to simple impr isonm ent for a period not exceeding 10 days. 15. Contravening notification under section 3(b) to be an offence; and punishment therefor.—If any person contravenes a notification under section 3(b) of this Act proh ibiting or restricting the removal of any plant or crop from one place to another he shall be deemed to have comm itted an offence under this Act. Any one convicted by a magistra te of such an offence shall, in addition to confiscat ion and destruction of the plan t or crop in respec t of which the offence was commit ted, be liable to a fine not exceeding Rs.50 or in default to simple im­ priso nment for a perio d not exceeding ten days. PART III Miscellaneous 16. Compensation to occupier for trees and plants destroyed-—Where an occupier destroys any trees or plants or crop in obedience to a notice issued under section 6, he may be gran ted compensation in accordance with such rules as may be made under this Act. 17. Compensation not payable for noxious weed destroyed.—Notwithstand­ ing anything in this Act, no compensation shall be payable for any noxious weed destroyed. 359 18. Protection of action taken under the Act.—(1) No suit, prosecution or other legal proceed ing shall lie agains t any person for anyth ing which is in good fai th done or intended to be done or for damage to property caused by any action which is in good faith taken or intended to be taken in pursuance of this Act or any rules made thereunder. (2) Save as otherwise expressly prov ided under the Act, no suit or other legal proceeding shall lie agains t the Government for any damage caused or likely to be caused by anything in good faith done or intended to be done in pursuan ce of this Act or any rules made thereunder. 19. Institution of prosecutions or other legal proceedings under this Act.— (1) No prosecu tion under this Act shall be commenced except with the previous sanction of the Direc tor of Agriculture. (2) No prosecut ion under this Act shall be commenced after six months from the date of the alleged offence. 20. Appointment of Inspecting Officers.—The State Government may from time to time appo int Inspecting Officers for the purposes of this Act. 21. Delegation of Powers.—The State Government may by notificat ion in the official Gazette delegate all or any of thei r powers unde r this Act except those conferred by sections 3 and 22 to the Director of Agriculture or any other officer appo inted by Government. PA RT IV Power to make Rules 22. Power of Government to make rules.—(1) The State Government may, subjec t to the condi tion of previous publication , make rules, for carrying into effect the purposes of this Act. (2) Without prejudice to the generality of the foregoing provision, such rules may prescribe— (a) the methods of publication of descriptions of insect pests, plan t diseases and noxious weeds and the trea tment to be followed ; (b) the qualifications required of Inspect ing Officers : (c) the procedure to be followed in making an award under section 12 and the methods and conditions of valua tion of trees, plant s and crops ; (d) the officers to whom appeals may be made, and the procedure to be followed in respec t of such appeals ; (e) the procedure, nonces and methods of service thereof, notifications, registers and other processes needed for effectual working of this A c t; ff) inclusion of seed within the definition of a p la n t; (g) the procedure for payment of compensa tion under section 16 and for all matters connected therew ith ; fh) the methods generally to carry out the purposes of this Act.