The East Punjab Agricultural Pests, Diseases and Noxious
Weeds Act, 1949
East Punjab Act 4 of 1949
LEGISLATIVE HISTORY
•
Amended in part by the Adaptation of Laws Order, 1950
•
Amended in part by the Adaptation of Laws (Third Amendment) Order, 1951
•
Amended in part by Punjab Act 2 of 1951
•
Extended to Pepsu Territories by Punjab Act 25 of 1964
•
Amended in part by Punjab Act 25 of 1964
•
Amended by Haryana Aduption of Laws (State and Concurrent subjects)
orders 1968.
•
Amended in part and Haryana Act 29 of 1969
Statement of Objects and Reasons:- As a result of work carried out by the Provincial Department
of Agriculture for the protection of crop and fruit plants against damage from
insect pests, plant diseases, flowering parasites and noxious weeds, simple and
effective measures have been devised. In order to control these enemies of the
farmers which result in heavy financial loss running into crores of rupees, the
Agriculture Department has been carrying on intensive propaganda in the
affected areas and has been helping the cultivators in adopting the control
measures. Owing to apathy on the part of some cultivators, however, in the
absence of real co-ordinated effort it has not been possible so far to
eradicate these pests, diseases and weeds effectively. No measures against
these pests are likely to succeed unless they are simultaneously brought into
operation by all the cultivators concerned. It is, therefore, absolutely
essential for the Government of the East Punjab to take powers to coerce the
recalcitrant minority which sets itself in opposition against any progressive
movement. The legislation proposed now is intended to facilitate the execution
of such beneficial schemes for improvement.
Vide East Punjab Government Gazette
Extraordinary, dated the 8th October, 1949, p. 590.
The East Punjab Agricultural Pests, Diseases and Noxious Weeds Act, 1949
Received the assent of His
Excellency the Governor of East Punjab on the 23rd March 1949, and was first
published in the East Punjab Gazette Extraordinary, dated the 25th March, 1949.
An Act to
provide for the prevention of the introduction, spread and reappearance of [pests],
plant diseases and noxious weeds injurious to crops, plants or trees in [the
State of Haryana].
It is herein enacted as follows :-
Part I
Preliminary
1.
Short title and extent. - (1)
This Act may be called the East Punjab Agricultural Pests Diseases and Noxious
Weeds Act, 1949.
2. Definitions. - In this Act unless there is anything repugnant in the
subject or context:-
[(1)
"Pest" means any insect vertebrate or invertebrate animal declared to
be pest by notification under section 3];
(2)
"Inspector" means an inspector appointed under section 10;
(3)
"Notified Area" means any area specified in the notification issued
under section 3 in which a declaration made under the said section shall remain
in force;
(4)
"noxious weed" means any weed declared to be a noxious weed by
notification under section 3;
(5)
"occupier" means the person having for the time being the right of
occupation of any land or premises or his authorised agent or any person in
actual occupation of the land or premises and includes a local authority having
such right of occupation or in such actual occupation;
(6)
"plant" includes all agricultural or horticultural crops, trees,
bushes or herbs, or the seed, fruit or any other part thereof which is used for
food of man or beast or for any purposes in connection with art or manufacture;
(7)
"plant disease" means any fungoid, bacterial virus, parasitical or
other disease declared to be a plant disease by notification under section 3;
(8)
"prescribed" means prescribed by rules made under this Act.
Part II
[Pests], Plant Diseases and Noxious Weeds
3.
Power to declare insect, vertebrate or invertebrate animals, plant diseases and
noxious weeds and direct measures to eradicate or prevent them. - Whenever it appears to the [State] Government that any [insect,
vertebrate or invertebrate animal] disease or weed is injurious to plants in
any local area and that it is necessary to take measures to eradicate such [insect,
vertebrate or invertebrate animal] disease or weed or to prevent its
introduction, spread or re-appearance, the [State] Government may by
notification in the official Gazette -
[(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 remain 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 plant as the
[State] Government may deem necessary, in order to eradicate such pest, disease
or weed, or to prevent its introduction, spread or re- appearance; and
(v)
prescribe the period within which it shall not be lawful to plant with a
specified crop in the whole or any portion of the notified area.
4.
Duties of occupier on the issue of a notification under section 3. - (1) On the issue of a notification under section 3, every
occupier within the notified area shall be bound to carry out the preventive or
remedial measures mentioned in such notification.
[(2) Notwithstanding anything
contained in this Act, in the event of any area being invaded, or in danger of
an invasion, by locusts, the Collector of the district or other officer
authorised by him in this behalf may call upon any male person not below the
age of 14 years resident in the district to render all possible assistance in
carrying out preventive or remedial measures and in the destruction of locusts];
Provided as follows :-
(i)
No person who is by virtue of old age or any physical disability incapable of
rendering assistance or who lives at a distance of more than 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 proclamation by beat of drum or other customary mode in the village or
locality shall be deemed sufficient notice to all affected persons residing in
that village or locality.
(3) Any person who fails to render
the assistance required 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 Criminal
Procedure, 1898 (V of 1908).
5.
Power of Inspector to enter upon any land or premises. - Any Inspector may, after giving the prescribed notice,
enter upon any land or premises, situated in the notified area within his local
jurisdiction for the purposes of ascertaining -
(i)
whether there is any [pest], plant disease or noxious weed on such land or
premises; and
(ii)
whether the preventive or remedial measures or both, as the case may require,
mentioned in the notification issued under section 3 have been carried out.
6.
Notice to occupier to carry out preventive or remedial measures. - (1) If, on the inspection of any land or premises under
section 5, the inspector finds that there is any [pest], plant disease or
noxious weed on such land or premises and that the preventive or remedial
measures mentioned in the notification issued under section 3 have not been
carried out, the Inspector may, subject to any general or special orders of the
[State], 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].
Clauses (2), (3) and (4) omitted
vide Haryana Act 29 of 1973.
[6A.
Power of the State Government to get measures carried out. - (1) Notwithstanding anything contained in this Act, where
it appears to State Government that it is necessary to take immediate measures
to eradicate any pest, plant disease or noxious weed from any area notified
under Section 3, it may at the expense of all the occupiers in such area, cause
to be carried out such preventive or remedial measures, including the
destruction of any pest, plant disease or noxious weed or any plant, as the
State Government may deem necessary.
(2) The cost of any measures carried
out under sub-section (1) shall be payable by each occupier in such proportion
as may be determined by the State Government on demand made to him within a
period of thirty days from the date of such demand and, if not so paid, shall
be recoverbale from him as an arrear of land revenue.]
7.
Failure to comply with notice under section 6 and power of Inspector to carry
out measures. - (1) If any occupier upon whom a
notice has been served under sub-section (1) of section 6 does not comply with
such notice within the time specified therein below [-] the Inspector may carry
out at the expense of the occupier the preventive of remedial measures
mentioned in such notice or order.
8.
Duty of certain village officers to report appearance of pest, plant disease or
noxious weeds. - (1) If any [pest], plant disease
or noxious weed appears in any village adjoining a notified area, the Patwari
or Lambardar of such village shall forthwith report the fact to such officer as
the [State] Government may appoint in this behalf.
(2) The officer aforesaid shall on
receipt of such report and after making such further inquiry as he may deem
necessary forward it to the [State] Government through the Director of
Agriculture with his remarks thereon.
9.
Offences and Penalties. - (1)
Whoever removes any plant, earth, soil, manure or other thing in contravention
of the directions contained in a notification issued under section 3 shall, on
conviction [-] be punishable with fine which may extend to Rs. 50 or in default
to simple imprisonment for a period not exceeding ten days.
(2) Any occupier who fails to comply
with a notice given under sub-section (1) of section 6 [***] shall, on
conviction [-] be punishable with fine which may extend to Rs. 50 or in default
to simple imprisonment for a period not exceeding ten days.
(3) Whoever having once been
convicted of an offence under sub-section (1) 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
10.
Appointment of Inspectors. - The
[State] Government may, by notification in the Official Gazette, appoint
persons as Inspectors for such local areas as may be specified in the
notification.
11.
Bar of suits or other legal proceedings.
- (1) No suit, prosecution or legal proceedings shall lie against the [State]
Government or any officer of the [State] Government in respect of anything in
good faith done or intended to be done under this Act or of any damage to
property caused by any action taken in good faith in carrying out the
provisions of this Act.
(2) No prosecution under the Act
shall be commenced without the previous sanction of the Collector or other
officer authorised by the [State] Government in this behalf more than after
three months from the date of the commission of the alleged offence.
12.
Delegation of powers. - The powers conferred on the [State]
Government under this Act, may, with the exception of the powers under section
13, be delegated by the [State] Government to any officer.
13.
Rules. - (1) The [State] Government may,
from time to time, make rules for the purpose of carrying into effect of the
provisions of this Act.
(2) In particular and without
prejudice to the generality of the foregoing provision, such rules may be made
for all or any of the following purposes :-
(a)
the form or manner of giving notice under section 5;
(b)
the manner of making an inquiry under section 5;
(c)
the method of publication of description of [pest], 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 service 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.
Courtesy:- Legal Point Foundation
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