Kerala act 025 of 1972 : Kerala Plant Diseases and Pests Act, 1972

98

BE it enacted

in

the

Twenty-third

Year of

the Republic ^ofIndia^as

follows^:—

1.

Short

title and

commencement—(1)

This Act may ^be

called^the

Kerala

Electricity Duty (Amendment)

Act,

1972.

(2) ^Itshall^be

deemed^{tohavecomeinto}force on the

15th

day

of

April,

1963.

2.

Amendment of

seclion 2.—For the

Explana— tion to

sub-section

(a)

of section

2

of the Kerala Electricity Duty ^{Act, 1963 (23 of}

1963), ^the

following shall be

substituted,

namely:—

"Explanation.—Where any licensee

consumes energy generated by

himself ^or

supplied ^tohim

by the Kerala State

Electricity

Board,

he shall

be deemed ^tobe^aconsumer in

respect ^of

the energy ^so consumed

except ⁱⁿ

respect ^ofthe

energy

consumed by ^himfor

purpose

connected^withthe

construction, maintenance and

operation ^for

his

generating, transmitting ^and

distributing systems."

THE KERALA

PLANT DISEASES AND PESTS

ACT, ¹⁹⁷²

(Act ^{25 of}

1972)

CONTENTS

Preamble. Sections

1.

Short

title,

extent and commencement.

2.

Definitions.

3. Power ^todeclare

plant

diseases, pests, parasites ^and

noxious weeds.

4. Power ^toissue directions.

5 Duties of

occupier ^onthe

issue

of notice under

section^4.

Sections

6.

7.

8.

9.

10.

11.

12.

13.

14.

15.

16.

17.

99

Power of

Inspecting

Officer to

enter

upon any land,

water^or

premises. Power to

carry

out measures. ^, Power to

carry

out

measures

in

emergent situations. Appeal.

Offences and

penalties. Cognizance ^of

offences. Obligation ^of

Village

Officers^to

report plant diseases, pests, ^etc. Appointment ^of

Inspecting

Officers. Bar

of suits

or

other

legal

proceedings. Delegation ^ofpowers. Power to

make

rules. Repeal.

THE

KERALA PLANT DISEASES^ANDPESTS

ACT 1972 ^*

(Act ^{25 of}

1972)

An Act ^to

prevent

the

introduction,

spread

or re- appearance of

plant

diseases, pests, parasites and

noxious weeds Preamble.-—WHEREAS ^itis

expedient

to make provision ^for

preventing ^the

introduction,

spread ^or reappearance of

plant

diseases, pests, parasites

and noxious weeds which are or

may be

destructive

to plants, ^orare

likely ^to

contaminate water

supply ^or are obstructive

to

waterways

in

the

State of Kerala and ^for

BE

matters connected

therewith; it enacted ⁱⁿ

the

Twenty-third

Year of the Republic ^ofIndia ^asfollows^:— *

Published

in the Gazette

Extraordinary Nd—74l,

dated 11th December,

1972.

2

100

1.

Short

title,

extent

and

commencement.—

(1) ^ThisActmay^be

called^the

Kcrala Plant

Diseases and Pests

Act,

1972.

.

(2)

It extends to the

whole of the State

of Kerala. ^.

(3) ^Itshall^comeinto

force^{onsuchdateasthe} Government may,

by

notification in the

Gazette, appoint.

2.

Definitions—In this

Act,

unless the

context otherwise

requires,—

(3)

"affected area" means

any ^areadeclared^as such under section

3; (b)

"District Collector" means^the

Collector ^of the district and

includes any officer authorised

by

the District Collector to

perform

all or

any of the

func- tions of

the DiStrict Collector under this

Act; (e)

"Inspecting

Officer" means ^an

Inspecting Officer

appointed

under section

13; '

(d)

"noxious weed"

means

any^weed

declared as such under section

3; (e)

"occupier"

means^theperson

having ^{for the} time

being

the

right ^of

occupation

of any land,

water or

premises,

or his

authorised

agent

or

any

person in actual

occupation

of the

land,

water^or

premises,

and includes ^alocal

authority ^anda

company having

such right ^of

occupation ^orinsuchactual

occupation; (f)

"parasite"

means

any

plant ^oranimal carrying ^onitsexistence

wholly ^{orin part on any} agricultural

crop, plant,

tree, ^{bushorherband} declared ^tobea

parasite

under section

3; (g)

"pest"

means ^anyinsect,

invertebrate animal ^orvertebrate

animal

(including any other animal

organism) ^and

.declared ^to

be ^a

pest

under section ³;

101

(h)

"plant"

includes ^all

Horticultural^or

agri- cultural

crops, trees,

bushes or herbs

and

also includes the

seed, fruit,

leaves,

trunk,

roots,

bark ^or cutting ^or

any

part thereof; (i)

"plant

disease" means

any fungoid,

bacterial virus,

vegetable organism,

parasitical ^orother

disease, declared to be a

plant

disease under section

3; (j)

"prescribed"

means

prescribed

by

rules made

under

this

Act; (k)

"State" means^theState^ofKerala.

3. Power to declare

plant

diseases, pests, parasites ^andnoxious

weeds—Where ^it

appears ^to the Government

that any disease, pest, parasite ^or weed ⁱⁿany

area is

injurious

to

plants,

or^is

likely ^to contaminate water

supply

or is obstructive ^towater- ways, and

that

it is necessary ^to

take measures^to eradicate such

disease, pest, parasite ^or

weed, ^orto prevent ^its

introduction,

Spread ^or

re—appearance,^the Government may, by

notificationⁱⁿthe

Gazette, declare any

area to be ^an

affected area for such

period as

may be

specified

in

the

notification,

and

with reference ^tosuchareaalso— (a)

declare^thatsuch

disease, pest, parasite ^or weed is a

plant,

disease,

pest, parasite ^ornoxious weed;

(b)

prohibit ^or

restrict^themovement ^or removal of

any

plant,

soil^ormanure from^one

place to another ; (c)

prohibit ^the

plantation ^or

growing ^ofany plant

which ^is

likely ^{to be}

injurious ^toother

plants; and

(d)

direct ^thatsuchother

preventive ^or remedial

measures ^asthe

District Collector may

102

consider necessary

shall be

carried out to

eradicate, destroy ^or

prevent ^the

introduction,

spread ^orre- appearance ^ofany

plant

disease, pest, parasite ^or noxious weed.

4. Power

.to

issue

directions.—(1)

On or after the issue of a

notification under section

3,

the District Collector may, by

notice,— (a)

direct every occupier

within^theaffected area to

carry

out

such

preventive

or

remedial measures

(including

the removal or destruction of plants

which^are

infested ^or

likely ^tobe

infested) ^as the District Collector may

specify

in

the

notice,

'to eradicate,

destroy ^or

prevent ^the

introduction,

spread or

re-appearance of

any plant

disease, pest, parasite or

noxious

weed;

and (b)

specify ^theareawithin which and^the period during

which^themeasures referred^toin clause

(a)

are^tobecarried ^out.

(2) ^Itshall^notbenecessary ^toserve^thenotice under clause

(a) ^of

sub-section

(1), ^on

every occupier in

the affected

area

and a

proclamation

in this behalf made

by ^{beat ofdrumor}other

customary ^{mode in} the area,

village ^or

locality

shall be deemed sufficient notice ^to

all the

occupiers residing ⁱⁿ

that area, village ^or

locality. '

5. Duties of

occupier ^on

the

issue of

notice under

section 4.-—0n^the

issue^ofanotice under section

4,

it shall be

the

duty ^ofevery occupier

with- in the afiected area ^to

carry ^outthe

preventive ^or remedial

measures

specified ⁱⁿ

such

notice.

6. Power of

Inspecting

Ofiicer ^toenter

upon

any land,

water ^or

premises—Any

Inspecting

Officer^may, after

giving

reasonable notice ^{to the}

occupier,

enter upon ^anyland,

water^or

premises

situated in the affected ^areafor the purpose ^of

ascertaining—

~.—-—-—\_/- ——

___—_.~__"_

M

h._ ————-—~'H--—.—'———- ___

103

(a)

whether

there^isany plant

disease, pest, parasite ^or

noxious^{weed on such}

land,

water ^or premises; (b)

whether any prohibition ^or

restriction imposed

under clause ^{(b) or}

clause ^{(c) of}section³ has

been

complied

with; °

(c)

whether other

preventive ^orremedial measures

specified

in the

notice

under sub-section

(1) ^ofsection ^{4 havebeen}carried ^out.

7. Power to

carry

out

measures.—(l)

If,

on inspection ^ofany land,

water^or

premises, ^an Inspecting

Officer finds^thatany prohibition ^or restriction

imposed

under clause

(b)

or clause

(c)

of section ³has not been

complied

with ^or

that the preventive ^or

remedial measures

specified ^inthe notice under sub-section

(1) ^of

section ⁴

have ^not been carried out as

directed,

he may, subject ^to

any general ^or

special

order ^ofthe

District Collector^and Without

prejudice

to

any action^thatmay be taken against ^thedefaulter

under section

10, carry ^outthe preventive ^or

remedial

measures

(including ^{the re-} moval ^or

destruction ^of

plants

which^are

infested ^or are

likely

to

be

infested)

imposed

under clause

(b)

or clause

(c)

of

section^{3 or}

specified ^{in the}notice under sub-section

(1) ^ofsection

4, ^asthe^case

may be.

(2) ^Thecostofany

preventive ^orremedial measures carried out under

sub-section

(1)

shall be payable ^{by the}

occupier.

(3) ^The

Inspecting

Officer

shall,

by

order ⁱⁿ writing,

assess^theamount

payable by ^an

occupier under sub-section

(2)

and direct the

occupier ^to

pay such

amount within such

period ^as

may be

specified in

the

order.

(4) ^Ifany occupier

fails^{to paythe}

amount assessed

under sub-section

(3)

within^the

period

104» referred to

therein,

such amount shall be recoverable from him as

an arrear of land revenue.

8.

Power

to

carry

out measures in

emergent situations—(1) Notwithstanding anything

contained in sections 3 to

'1,

if the Government

are satisfied that

plants

in

any affected area are in

danger

of being damaged ^or

destroyed by any plant

disease, pest, parasite ^ornoxious^weed

prevalent ^{in that area} and that it is necessary

to take

immediate

preventive or remedial measures,

they may, by

notification

in the

Gazette,— (a)

declare^thatitshall ^be

competent ^forthe District

Collector

or

any Inspecting

Officer to carry out such

preventive

or remedial measures in the affected area or

any part

thereof or to take such other

steps (including

the

removal or destruction^of plants

which^areinfested ^or

likely ^{to be}

infested) ^as he may deem

fit; (b)

direct^thatevery occupier ⁱⁿ

respect ^of whose land such

preventive

or remedial

measures or

other

steps

have

been taken

shall

be liable to

pay the cost

thereof

at such rate and within such time as the

District

Collector may, by

order from

time to time,

determine

having regard ^tothe

following, namely ^:—

(i) ^the

charges ^tobeincurred^for

labour, material, ^oruseof

equipment ^or implement; (ii)

proportionate

charges ^for

any special establishment entertained for the purpose; and

(iii) any other

charges ^tobe

incurred for

the purposes aforesaid.

(2)

Subject ^to

any general ^or

special

order^of the

Government, ^an

Inspecting

Ofi'icer may, upon the n

n

l._._n"'L~

~5_-m

___._-w~

Ah

\4

105

issue of a

notification under sub-section

(1),

enter upon any land,

water^or

premises

within^theaffected area

and carry

out such

preventive

or

remedial measures or

take such other

steps

referred

to in clause

(a)

of

sub—section

(1)

as

he

may

deem

fit.

(3) ^The

Inspecting

Officer

shall,

by

order ⁱⁿ writing,

assess ^theamount

payable by ^an

occupier ⁱⁿ respect ^{of the}

preventive ^or

remedial

measures ^or other

steps

taken under sub-section

(2).

(4) ^Ifthe

occupier

fails^to

pay^the

amount assessed under

sub—section

(3)

within the time fixed under clause

(b)

of

sub-section

(1),

the

amount shall be recoverable from ^himas ^an

arrear of land revenue.

9.

Appeal.—(1) Any occupier

aggrieved by ^an order under

sub-section

(3)

of

section

7

may, Within thirty days ^{from thedate of}

service ^{of the}

order, prefer ^an

appeal ^tothe

District Collector ^orsuch other

authority

as the

Government may specify ⁱⁿ that behalf ^onthe

ground

that ^the

charges ^for

labour, material ^or

use^of

implements ^or

equipments ^are unreasonably high.

(2)

Any occupier aggrieved by ^an

order^made under

sub-section

(3)

of section ⁸may, within

thirty days ^{fromthedateof}service^ofthe

order,

prefer ^an appeal ^{to the}

District Collector^orsuch

other authority ^asthe

Government^may

specify ^inthat behalf ^onthe

ground—-

(1) ^thattheassessment^{of the}amount

pay- able has ^notbeenmadeⁱⁿaccordance with the rates fixed

by

the

District

Collector; ^or

(ii) ^thattheamount assessed

includes charges

other ^{thanthe item}mentionedⁱⁿ

sub—clauses (i),

(ii) ^and

tiiii) ^ofclause ^{(b) of}

sub—section ^{(1) of} section

8; ^or 3/39—8

106

(iii) ^thatthe

charges ^for

labour,

material^or use of

implements

or

equipments

are

unreasonably high.

(3) ^On

receipt ^ofan

appeal

under sub-section

(1) ^or

sub-section

(2), ^theDistrict

Collector ^orother authority ^{asthecase maybe,}shall,

after

making ^such enquiry ^{asheor itmaydeem fitand}

giving ^the occupier ^an

opportunity ^of

being heard, pass^such order

thereon^ashe ^{or it}may deem fit.

(4) Every

order

passed

under sub-section

(3)

shall be

final^andshall^notbecalledⁱⁿ

question ⁱⁿ any

court of

law.

10. Offences and

penalties—(1) Any person who—

(a) ^actsin

contravention^ofanyprohibition or

restriction containded

in a notification issued under section

3; ^or

(b) ^actsincontravention^ofanydirection contained ^inanotice issued

under sub—section

(1)

of section

4; ^or

(c) ^actsincontravention ^ofthedeclaration or

direction contained

in

any notification issued

under sub-section

(1) ^ofsection

8; ^or (d)

obstructs^theentry ^ofanyperson ^re— ferred ^toinsection ^6orsub—section

(2)

of section 8; ^or

(e)

obstructs ^the

carrying ^outof

preventive or remedial

measures under sub-section

(1)

of section 7 or sub-section

(2)

of section

8,

shall be deemed ^to have committed ^anoffence

under^{this Act.}

(2) ^Anyperson convicted

by ^a

Magistrate ^ofan offence

specified ⁱⁿsub—section

(1)

shall^beliable ^to a fine

not

exceeding fifty

rupees ^orin default

to simple imprisonment ^{for a}

period ^not

exceeding ten

days.

4,

-.-_ MM,-

W

\

107

(3) ^Ifany person convicted^{of an}offence specified

under

sub-section

(1)

commits^alikeoffence afterwards, ^he

shall^onconviction^be

punishable with

fine

not

exceeding

two hundred and

fifty

rupees or in

default with

simple

imprisonment

for

a

term not

exceeding

one month.

(4) ^Ifa

person^{has been}convicted under^this section for a

contravention of the

prohibition ^or restriction

contained in the notification issued

under section

3, ^the

plant ^or

soil

or manureⁱⁿ

respect

of which such contravention has been committed may also be

forfeited ^to

the

Government.

11.

Cognizance

of offences—No

Magistrate shall take

cognizance

of ^an

offence

under this ^Act except upon ^a

complaint ^made

by ^an

Inspecting Officer.

12.

Obligation

of

Village

Officers to

report plant diseases, pests,

etc.—All

Village

Officers,

Village Exten'sion Officers and such other officers as

may^be prescribed, ^of

every village

adjoining ^theaffected area shall

forthwith

report

the

existence within

the village ^ofany plant

disease, pest,

parasite ^ornoxious weed of ^thenature

specified ⁱⁿ

the notification issued under section ³in

respect

of the said area, ^tothe District

Collector,

who

shall,

after

making

such enquiry ^{ashemaydeem fit, makea}

further

report to the Government.

13.

Appointment

of

Inspecting

Officers.—The Government may,

by

notification ⁱⁿ

the

Gazette, appoint Inspecting

Officers ^forsuchlocal areas^as may be

specified ⁱⁿ

the notification. '

14. Bar of

suits^orother

legal

proceedings—No suit,

prosecution ^orother

legal proceedings

shall^lie against ^theGovernment ^{or any}officerⁱⁿ

respect ^of anything ^{done or}

intended ^{tobe done in good}

faith

108

under

this

Act,

or for any damage

caused

by any action taken in

good

faith

in

carrying

out the provisions ^{of this Act.}

15.

Delegation

of

powers.-—The

Government may, by

notification in

the

Gazette,

delegate ^to

any officer or

authority

all or

any of the powers conferred on

them under this

Act, except

the power under section

16,

to be

exercised

by

him or

it

subject

to such

restrictions and conditions

as

may be

specified in the

notification.

16.

Power to make

rules—(1)

The Government may, after

previous publication,

make rules

for carrying ^outthepurposes^{ofthis Act.}

(2) ^In

particular, ^andwithout

prejudice ^tothe generality ^ofthe

foregoing power,^such

rules^may provide ^forallor

any^{of the}

following

matters, namely ^:—

(a) ^the

mannerⁱⁿ

which any notice or'order issued or made under this Act ^istobe

served ^orthe conditions under which every such notice ^ororder shall ^be

deemed

to have been

served;

(b) ^{the formin}

which^an

appeal

under^sub- section

(1)

or sub-section

(2)

of section 9 shall

be filed;

(c) ^the

class^ofofficers^whoarebound ^to make a

report ^as

required

under section

12;

and

(d) ^allother

matters

expressly required ^or allowed

by

this ^{Act to}be

prescribed.

(3)

Rules ^madeunder ^thisActmayprovide that a

contravention ^ofany^{such rule}

shall^be punishable ^{with fine}which^mayextend ^to

fifty rupees.

(4)

"my

109

Legislative

Assembly

while^itisin

session^foratotal period ^of

fourteen

days

which may^be

comprised ⁱⁿ one session or in two

successive

sessions, and,

if before ^the

expiry ^ofthesession ⁱⁿwhich

it is so

laid or

the sessmn

immediately following

the

Legislative Assembly

makes^anymodification^{in the rule or} decides ^thattherule

should not

be

made,

the

rule shall thereafter have effect

only

in

such modified form or be of no

effect,

as the case

may be;

so how- ever that any

such

modification ^or

annulment shall be without

prejudice

to

the

validity

of

anything previously ^doneunder^thatrule.

17.

Repeal.—The

Kerala

Agricultural

Pests and Diseases

Act, ¹⁹⁵⁸

(17 ^of

1958), ^is

hereby repealed.

THE

KERALA MUNICIPALITIES

(AMENDMENT)

ACT, ¹⁹⁷²

(Act ^{26 of}

1972)

CONTENTS

Preamble. Sections Short title and

commencement. Substitution ^ofnewsection for section ^8. Substitution ^ofnewsections for section 58. Amendment of section ^62.

Amendment ^of

section 86. Amendment of section ^92. Amendment ^ofsection 93. Amendment ^ofsection ^100. Amendment ^ofsection^110. Insertion of^newsections 123A and 123B. Amendment ^ofsection^126.E'PSDP°.".°'9""P°!°!"HH

12