THE EAST PUNJAB AGRICULTURAL PESTS, DISEASES AND NOXIOUS WEEDS ACT, 1949

1949: East Pb. Act IV) AGRICULTURAL PESTS, DISEASES 387 AND NOXIOUS WEEDS THE EAST PUNJAB AGRICULTURAL PES DISEASES AND NOXIOUS WEEDS ACT, 1933.’ TABLE OF CONTENTS PART I— Preliminnry Sections 1. Short title and extent, o Definitions. PART II—Inscct Ppests, plant diseases and noxious weeds 3. Power o declare insect, verlebrate or invertebraie animal, plant discases and noxious weeds and direct measuics 1o cradicate or prevent them, 4. Duties of occupier on the issue ol notification under scctjon 3. [ Power ol Inspecior to enter upon any land or premises. 6. Noticz to occupier to carry out preventive or remedial measures. 7. Failure to comply with noticz under section 6 and power of Inspector to carry out measures. 8. Duty of certain village officers to report appearance of pest, plant diseases or noxious weeds. Y. Offences and penaltics. PART III—General 10. Appointment of Inspectors. L. Bar of suits or other legal proceedings. 12, Delegation of powers. 13. Rules, 1949: East Pb. Act IV.] AGRICULTURAL PESTS, DIsEASES 380 AND NOXIOUS WEEDS 1THE EAST PUNJAB AGRICULTURA! DISEASES AND NOXIOUS WEEDS A]éTP,E1$9£§T _East PuniaB Act No. IV oF 1949 [Received the assent of His Excellency the Governor on the 23rd March, 1949, and was first published in the East Punjab Government Gazette (Extra- ordinary) of March 25, 1949.] (Bxira 1 2 3 4 Year No. Short title Whether repealed or otherwise affected by legislation 1949 .. | 1V The East Punjab | Amended in part by the Adaptation Agricultural of Laws Order, 1950 Pests, Discases | Amended in part by the Adaptation and Noxious of Laws (Third Amendment) Order, Weeds Act, 1951 1949 Amended in part by Punjab Act II of 19512 Extended to the territories Which, immediately before the 1st Novem- ber, 1956, were comprised in the State of Patiala and East Punjab States Union by Punjab Act XVII * of 1958 Amended by Punjab Act, 25 of 1964. Amended by the Punjab Re-organi- sation (Chandigarh) (Adaptation of Laws on State and Concurrent Subjects) Order, 1968 An Act to provide! for the prevention of the introduction, spread or reappearance of “[pests], plant diseases and nexious weeds injurious to crops, plants or trees in 5[the State of Punjab] It is hereby enacted as follows :— PART I—PRELIMINARY 1. (1) This Act may be called the East Punjab Agri- sport cultural Pests, Diseases and Noxious Weeds Act, 1949. - extent. IFor Statement of Objects and Reasons, sce Eas t Punjab Government Gazette (Extraordinary), 1948, page 590 ; for the Select C ommittee Report, see East Punjab Government Gazette (Extraordinary), 1949, pages 5 —10 ; for proceedingsin the Assem- bly, see Punjab Legislative Assembly Debates, V olume 111, 1949, pages 613—16. 2For Statement of Objects and Reasons, s ee Punjab Gazette (Exn:aon.imary) 1951, pages 111-112; for proceedings in the Assembly, see Punjab Legislative Debates, Volume III, 1951, pages (6)79—(6) 82. This Act was repealed by ‘Ordinance No. V 0f 1951, but saved any thing done or any action ta ken in the exercise of any power conferred by or under the said Ordinance a s having been done or taken in exercise of the powers conferred by or under tais Act, orif this Act wasinfor ce on the dayon which such thing was done or action taken (by virtue of section 6 of the Act). § 3For Statement of 0bject§ and Reasons, see Punjab Government Gazcitc (Extraordinary), 1964, Pages, 935—37. ) ) ordinary), 1964, Pages, 1 5 insect pests” by Punjab Act, ILof 1951, section2. agfiflm fgfiéh.: words *‘the Province of East Punjal ” by the Adaptation of Laws (Third Amendment) Order, 1951. title and 390 AGRICULTURAL PESTS, DISEASES [1949 : Figgy Ph, AND NOXIOUS WEEDS At 1] (2) It extends to the whole of the [Unioy; Téffigo * of Chandigarh]. ry Definitions. - 2. In this Act unless there is anything repugnalnti the subject or context,— ] 2[(]) “Pest” medns any insect, Vertebrate or ; K )vertebrate animal dec!ared to be Pest ll’n- notification under section 3 5] Y (2) “Inspector” means an inspector appointeg under section 10; (3) “Notified Agea”‘ means any area specifieq in the notification issued undey section 3 in which a declaration made under the sajq section shy) remain in force ; (4) “Noxious weed” means any weed declared ¢, be a noxious weed by notification under seg- tion 3 ; (6) “Plant” includes all agricultural or horticul-, tural crops, trees, bushes or herbs or the seed fruit or any other part thereof which is used * for food of man ' connection with (7) “Plant diseage means any fungoid, bacterial YVIrus, parasitical oy ‘Other disease declared to be a plant disease by notification under see- tion 3; . : > ®) *“Prescribeq me i rules made “under thig Act, ans prescribed by j — ation 1Substituted fof the “ 1t SO (Crandigarh) Adapion o7 S8t of Puniaty 5y e b Reqrfla"js tate and Concurrent Subjects) Order; 196¢: “Substituted for the old clause . U Deee g 1949 : EastPb. Act IV.] AGRICULTURAL PESTS, DISEASES 391 AND NOXIOUS 'WEEDS I1—[P; PART ( ES‘:;]EII)’;-ANT DISEASES AND, NOXIOUS 3. Whenever it appears to the 2[Central Government] . Power to _declare that any °[insect, Vertebrate or invertebrate animal], dis- jech vertebrate or ease or weed is injurious to plants in any local area and plan dues o that it 15 necessary to take measures to eradicate such 0N weeds and Sfinsect, vertebrate or invertebrate animal], disease or cradiate ot provent weed, or to prevent its introduction, spread’or reappear- "™ ance, the ?[Central Government], may, by notification in the Official Gazette— 4[(i) declare such insect, vertebrate or invertebrate animal to be a pest or such disease or weed to be a plant disease or noxious weed, respectively;] ‘ (ii) specify the local area within which and the period during which such declaration shall re- main in force; (iii) prohibit or restrict the movement or removal of any plant, earth, soil, manure or other thing from one place to another ; (iv) direct the carrying out of such preventive or remedial measures, including the destruction of any [pest], plant disease or noxious weed or any plants as the ?[Central Government] may deem necessary, in order to eradicate such pest, disease or weed or to prevent its introduction, spread or reappearance; and (v) prescribe_the period within which it shall not be lawful to plant with a specified crop the whole or any portion of the notified area. 4. 5(I) On the issue ofa notification under section 3, Duties of occupier every occupier within the notified area shall be bound to on the isuo of a carry out the preventive or remedial measures mentioned section 3. in such notification. : _ TSubstituted for the words ‘insect pest” by Punjab Act, IT of 1951, section 2. 2 i rds State Government” by the Punjab Reorganisa- tion (le:r?;i‘g;fig{;;;t}vo% of Laws on State and Concurrent Subjects) Order, 1968. sSubstituted for the word ‘pest” by Punjab Act, TI of 1951, section 3 (a) \Substituted for the old clause by Punjab Act, IT of 1951, sectio n 4 (5)- “sSbction 4 renumbered as sub-section (1) thereof by Punjab Act, ITof 1951, seclion 5, . + ESTS, DISEASES [1949 East py, A ! CULTURAL P! 2 AGR[AND NOXIOUS WEE DS ot [v‘ Notwithstanding anything contained in g in thfflvem of any area being inv aded, or in d?ngerso }\q’ invasion, by locusts, ]:he Cogfi‘:t firhfl fthe d‘smfit o o athorised by him in this behalf may ca] e person y°"V the ageof 14 yrars residell:to mfly male person not be' : ' ] districg to render all possible assistance in carrying o u: preventive or remedial measures and in the destructioy of locusts : Provided as follows :— (i) no person who is by virtue of old age or gy physical disability incapable of rendering assig;. ance or who lives at a distance of more thy, five miles from the place where his presence is required, shall be called upon to render any such assistance ; (ii) it shall not be necessary to notify every person - individually for his services, and a proclama- tion by beat of drum or other customary mode in the village or locality shall be deemed suffi- cient notice to all affected persons residing in that village or locality. . (3) Any person who fails to render the assistance re- quired of him under sub-section (2) shall, on conviction #[***], be punishable with fine which may extend to fifty rupees, or in default to simple imprisonment for a period not exceeding ten days, and the offence shall be tried ,, summarily as provided in section 260 of the Code of m Criminal = Procedure, 1898.] P r Ins . . . to onies upon a0y _5. Any Inspector may, after giving the presgrlbed Tand or premises. ~ MOtICE, enter upon any land or premises, situated in the notified area within his local jurisdiction for the purpos® of ascertaining— . () whether there is any 3[pest], plant disease Of noxious weed on such land or premises; _— . @ a&s *Added by Punjab Act, It of 1951, section 5. *Substituted for the words “insect pesp” by Punjab Act, II of 1951, st *The words “bya Magistrate” omitted by Punjab Act No,25 of 1964 - Pt~ 1949 : East Pb. Act.1V.] AGRICULTURAL PESTS, 393 DISEASES AND NOXIOUS WEEDS (i) whether the preventive or remedial measures or both as the case may require, mentioned in the notification iSSu i (< i . d under section 3 have 6. (I) If, on the inspection of any land o i . ) T premises Notice i }mder section 5, the Inspector findsythat therg is a:y e o v [pest], plant disease or noxious weced on such land or measures remedal premises and that the preventive or remedial measures . mentioned in the notification issued under section 3 have not been carnqd out, the Inspector may, subject to and general or special orders of the 2[Central Government], call upon the occupier of such land or premises, by notice in writing, to carry out such preventive or remedial measures within the time specified in such notice. (2) Within seven days from the date of the service upon him of the notice under sub-section (I), the occupier may prefer an appeal to the Collector or to such other officer as the 2[Central Government] may appoint. (3) On receipt of the appeal under sub-section (®)] the Collector or other officer, as the case may be, may extend the time specified in the notice under sub-section (1) and shall, after giving the occupier an opportuni ty of _being heard, pass such order on the appeal as he thinks fit. 4) An order passed under sub-section () of this section shall be final and conclusive an d shall not be liable to be called in question in any court. 7. (I) Ifany occupier upon whom a notice has be en Failure to comply served under sub-section (£) of sect ion 6 does not comply with notics ,,“:35; with such notice withinthe time speci fied therein, or if an of Inspector to carry appeal has been preferrel under sub-section (2) of sec- out mea sures. tion 6, does not comply with the orde r passed on such ap- peal within the time specified in such order, the Inspector may carry out at the expense of the occupier the preven- tive or remedial measures mentioned in such notice or order. - ‘Substituted for the word “pest” by Punjab Act, I of 1951, section 2 i ords “State Government” by the Punjab Reorganisation (Chandfi;\sf('f{?:pmgp (}, Laws on State and Co ncurrent Subjects) Order , 1968. ULTURAL PESTS, DISEASES ]1949 - East Pb.g l 34 AGRTND NOXIOUS WEEDS ety The costs of any preventive or remedia] e, carrigfj) out eunder sub-section (7) shall be,Payable g:'utrlfs occupier and shall be recoverable from him as ap al‘reai of land revenue. 3) Any such occupier may, within thirt days g the dgt)e of the first demand of such costs frop; him, pre‘}g an appeal to the Collector or to such. other offjcey 1 "[Central Government] may appoint jn this behalf on te ground that— (@) the costs include charges for items Other thy, the cost of labour, material or use of imple. ments, or (#) the charges for labour or material or g of implements are unreasonably high, (4) On receipt of the appeal under sub-section (3), the Collector or other officer appointed by the [Centraf overnment) shall, after giving the occupier an oppor- tunity of being heard, pass such order thereon as he thinks fit. (5) An order passed under sub-section (4) shall be final and copgj usive and shaj] not be liable to be called in- question in any court, Duty of certain 8. () Ifan *[pest], plant disea'se‘dr-fioxibus weed Tolage :fi;?a.“mé‘: appears in any village adjoining a notifjed area, the (2) The officer aforesaid ghay on'receipt of such re- port and after making such further inquiry as he may deem necessary forward it to- the Y[Central "Government] through the Director of Agriculture with his remarks »Substituted for the yopg, , : isation (Chandiart) Adaptatiog o1 i, S48, Govetamont by e Punjab _Reorgaaisa on State and Concurpent Subjects) Order, e *Substitued for the words “‘insect pest” by Punjab Act, IT of 1951, section 2 1949: East Pb. Act IV.] AGRICULTURAL PESTS, DISEASES 395 AND NOXIOUS WEEDS - - . . 9. (1) Whoever removes . er any plant, ea i manure or other thing in contraventionpof the cfitrl.::’ct?gllllg remi, contained in a notification issued under section 3 shall, on £l conviction [ *¥**] be punichable wi i i may extend to Rs. 50 or in default to simple i;:l;risor:vnl:éc}tl for a period not exceeding ten days. p (2) Any occupier who fails to comp i ioti ) 1 with a given under sub-section (1) of section 6po¥ with any I:)(;t(igg passed on appeal 1]1nd_er sub-section (3) of section 6 shall, on conviction [ *¥*¥ 1 pe punishable with fine which may extend to Rs. 50 or in default to simple im- prisonment for a period not exceeding ten days. (3) Whoever having once been convicted of an offence under sub-section (I) or (2) of this section is again convicted of an offence under either of these sections _ shall be punishable with fine which may extend to Rs, 250 or in default to simple imprisonment not exceeding one month. PART III—General and 10. The ?[Central Government] may, by notification appo in the Official Gazette, appoint persons as Inspectors for Ingggctmx.em of such local areas as may be specified in the notification. 11. (J) No suit, prosecution or legal proceedings ofi,‘;,,g{. shall lie against the 2[Central Government] or any officer of ines. the ?[Central Government] in respect of anything in good faith done or intended to be done under this Act or for any damage to property caused by any action taken in good faith in carrying out the provisions of this Act. (2) No prosecution under this Act shall be commenc- ed without the previous sanction of the Collector or other officer authorised by the *[Central Government] in this behalf nor after three months from the date of the commis- sion of the alleged offence. 12. The powers conferred on the ?[Central Govern- ment] under this Act, may, with the exception of the 1The words * by a Magistrate” onfiittéd by Punjab ‘Act No. 25 of 1964. *Substituted for the words “State Government” by the Punjab Reorganisation (Chandjgarh) (Adaptation.of Laws on State-and ConCurrent Subjects) Order, 1968. Delegation powers. suits or Pproceed- of 396 AGRICULTURAL PEsTS, DisEASES [1949: East Pb. Act IV, AND NOXIOUS WEEDS powers under section 13, be delegated by the ‘[Central Government] to any officer. 13, (1) The '[Central Government] may, from time to time, make 2rules for the purpose of carrying into effect the provisions of this Act. (2) In particular and without prejudice to the generality of the foregoing provisions, such rules may be made for all or any of the following purposes :— () the form or manner of giving notice under sec- tion 5; (h) the manner of making an inquiry under sec- tion 5; (c) the method of publication of description of 3[pests], plant diseases, noxious weeds and the treatment to be followed; (d) the qualifications required of the Inspectors; (e) prescribing the officers to whom an appeal may be made and procedure to be followed in such appeal; (f) prescribing the notices and methods of services thereof, and registers needed for the effective working of the Act; and (g) generally to carry out the purposes of this Act. (3) The rules made under this section shall be subject to the condition of being made after previous publication. Substituted for th: words “State_Govesnment” by the Punjab Reorganisation (Chanc;igl;rh) (Adaptation of Laws on State and Concurrent Subjects) Order, 1968 =For rules, see East Punjab Government Notification No. 6640- - -49/5888, dated 2nd November, 1949 and notification No. 4335-FP-52/2956, ~dated 19th June, 1952. sSubstituted for the words “‘insect pests” by Punjab Act, II of 1951, section 2. Rules, >