Tamil Nadu Agricultural Pests and Diseases (Amendment) Act, 1982*
| [Tamil Nadu Act No. 28 of 1982]* | [7th May, 1982] |
An Act further to amend the Tamil Nadu Agricultural Pests and Diseases Act, 1919.
Be it enacted by the Legislature of the State of Tamil Nadu in the Thirty-third Year of the Republic of India as follows:-
* For Statement of Objects and Reasons, see Tamil Nadu Government Gazette Extraordinary, dated the 22nd August, 1981 part IV-Section 1, pages 680-681.
* Received the assent of the Governor on the ??? 7th May, 1982 ??? 24 ???
1. Short title and commencement.- (1) This Act may be called the Tamil Nadu Agricultural Pests and Diseases (Amendment) Act, 1982.
(2) It shall come into force on such date as the State Government may, by notification, appoint.
2. Amendment of section 2, Tamil Nadu Act III of 1919.- In section 2 of the Tamil Nadu Agricultural Pests and Diseases Act, 1919 (Tamil Nadu Act III of 1919) (hereinafter referred to as the principal Act),-
(1) in the definitions of the terms "Insect pest", "Plant disease", "Noxious weed" and "Notified area", for the word and figure "section 3", the words, figures and letter" section 3 or 8-A" shall be substituted;
(2) after the definition of the term "Occupier", the following shall be inserted, namely:-
"Company means any body corporate and include a firm, society or other association of individuals;".
3. Amendment of section 3, Tamil Nadu Act III of 1919.- In section 3 of the principal Act, in sub-section (1), in the opening paragraph, the words "in the Official Gazette" shall be omitted.
4. Insertion of new section 8-A in Tamil Nadu Act III of 1919.- After section 8 of the principal Act, the following section shall be inserted, namely:-
"8-A. Preventive or remedial measures in emergent cases.-(1) Notwithstanding anything contained in sections 3 to 8, if the State Government are satisfied that any pest, disease or weed injurious to crops, plants or trees is prevalent or is likely to break out in any local area and that immediate preventive or remedial measures have to be taken, they may, by notification,-
(a) declare that such pest, disease or weed is an insect pest, a plant disease, or a noxious weed;
(b) prescribe such preventive or remedial measures such as ground spraying or dusting as may be necessary in respect of such pest, disease or weed;
(c) prohibit or restrict the removal of any plant from one place to another;
(d) define the local area within which and the period during which, such notification shall be in force; and
(e) declare that the State Government may cause the prescribed preventive or remedial measures to be carried out in the notified area.
(2) On the issue of a notification under sub-section (1), any inspecting officer appointed under section 19 may enter on any land or water within the notified area and carry out, or cause to be carried out under his supervision, the prescribed preventive or remedial measures.
(3) Where any preventive or remedial measures are carried out under sub-section (1) or (2), the occupier shall be liable to pay to the State Government towards the cost of such measures, such amount (not exceeding the prescribed percentage of the cost aforesaid) as the inspecting officer may, by order in writing, determine and the amount so determined shall be recoverable from the occupier as if it were an arrear of land revenue.
(4) In calculating the cost referred to in sub-section (3), the following shall be taken into account, namely:-
(a) the charges for labour, material or use of implements; and
(b) proportionate charges for any special establishment entertained for the purpose.
(5) (a) Any occupier may, within thirty days of the date of receipt of the order under sub-section (3), prefer an appeal against such order to the prescribed officer who may make such order as he thinks fit. The decision on such appeal shall be final:
Provided that no such appeal shall lie unless the amount determined under sub-section (3) has been paid.
(b) Where the amount paid by the occupier is in excess of the amount payable under any order made in such appeal, such excess shall be refunded to him".
5. Amendment of section 9, Tamil Nadu Act III of 1919.- In section 9 of the principal Act,-
(1) for the heading, the following heading shall be substituted, namely:-
"Destruction of trees, plants or crops in execution of remedial or preventive measures and compensation therefor.";
(2) in sub-section (1),-
(a) in the opening paragraph, for the words, figures and letter "section 5-A or 7", the words, figures and letters "section 5-A, 7 or 8-A" shall be substituted;
(b) at the end of clause (c), the word "or" shall be inserted;
(c) after clause (c), the following clause shall be inserted, namely
"(d) any crops which are infected with insect post or plant disease.
(d) in the concluding paragraph, for the words "trees and plants", the words "trees, plants and crops shall be substituted;
(3) in sub-section (2),-
(a) for the words "any trees or plants are destroyed", the words "any trees, plants or crops are destroyed" shall be substituted;
(b) before the proviso, the following shall be inserted, namely:-
"for crops destroyed under sub-section (1)(d) their full value;";
(4) in sub-section (3), for the words "tree or plant", the words "tree, plant or crop" shall be substituted.
6. Amendment of section 15, Tamil Nadu Act III of 1919.- In section 15 of the principal Act, for the word, figure, brackets and letter "section 3(b)", the words, brackets, letters and figures "clause (b) of sub-section (1) of section 3 or clause (c) of sub-section (1) of section 8-A" shall be substituted.
7. Insertion of new section 15-A in Tamil Nadu Act III of 1919.- After section 15 of the principal Act, the following section shall be inserted in Part II, namely:-
"15-A. Offences by companies.-(1) Where an offence under this Act has been committed by a company, every person who, at the time the offence was committed, was in charge of and was responsible to, the company for the conduct of the business of the company as well as the ???
Provided that nothing contained in this sub-section shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence.
(2) (Notwithstanding anything contained in sub-section (1), where any such offence has been committed by a company and it is proved that the offence to commuted with the consent or connivance of or is attributable to any neglect on the part of, any director manager, secretary or other officer of the company such director, manager, secretary or other officer shall be deemed to be guilty of that offence and shall also be liable to be proceeded against and punished accordingly.
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8. Amendment of section 19, Tamil Nadu Act III of 1919.- In section 19 of the principal Act, for the words, figures and letter "sections 5, 5-A and 6" the words figures and letters "sections 5, 5-A, 6 and 8-A" shall be substituted.
9. Amendment of section 20, Tamil Nadu Act III of 1919.- In section 20 of the principal Act,-
(1) the words "in the Official Gazette" shall be submitted;
(2) for the words and figures "sections 3 and 21", he words, figures and letter "sections 3, 8-A and 21" shall be substituted.
10. Amendment of section 21, Tamil Nadu Act III of 1919.- In section 21 of the principal Act,-
(1) in the opening paragraph, the words "by notification in the Official Gazette" shall be omitted;
(2) in clause (d), for the words "trees and plants", the words "trees, plants and crops" shall be substituted;
(3) in clause (f), after the words "appeals may be made" the words "and the fees to be paid for" shall be inserted.
11. Addition, of new section 22 in Tamil Nadu Act III of 1919.- After section 21 of the principal Act, the following section shall be added, namely:-
"22. Publication of rules, commencement of rules and notifications and placing them on the table of the Legislature.-(1) (a) All rules made under this Act shall be published in the Tamil Nadu Government Gazette and, unless they are expressed to come into force on a particular day, shall come into force on the day on which they are so published.
(b) All notifications issued under this Act shall, unless they are expressed to come into force on a particular day, come into force on the day on which they are published.
(2) Every rule made or notification issued under this Act shall as soon as possible, after it is made or issued, be placed on the table of both Houses of the Legislature, and if before the expiry of the session in which it is so placed or the next session, both Houses agree in making any modification in any such rule or notification or both Houses agree that the rule or notification should not be made or issued, the rule or notification shall thereafter have effect only in such modified form or be of no effect, as the case may be so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or notification".