Kerala act 017 of 1958 : The Kerala Agricultural Pests and Diseases Act, 1958 (No. 17 of 1958)

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THE KERALA AGRICULTURAL PESTS AND

DISEASES ACT, 1958

(17 of 1958)

CONTENTS.

Sections •

PART I

I. Short title, extent and commencement

2. InterpretatiOn.

PART II

• 3. Notification by the Government of &rea..s affected by insect pests, plant diseases or noxious weeds.

4. Liab1hiy on the occupiel'3.

5. Right of entry.

6. Procedure'where measures prescribed to eradicate insect pests include removal or destruction of plants.

7. lnspectmg officer may serve a notice on occupier to take remedial or preventive action.

8. Occupier failing to comply with the notice served on him commits an offence.

9. Preventive or remedial measures m emergent cases.

10. Recovery from the occup1er of the cost of preventive or remed1al measure..<~ earned out by the inspecting officer.

11. DestructiOn of trees or plants m execution of remedial or preventive measures and compensatiOn therefor.

12. Claims for compensation how and when to be made.

13. Award of compensation.

14. Appeal a.gamst award.

15. Obhgation of village officers to report on insect pests, plant diseases or noxious weeds.

16. Pumshment for offence under section 6 or section 8 .

17. Contravenmg notlfication under sectiOn 3 (1) {b) to be an offence and punishment therefor.

18. Compensation for trees and plants des1.royed by occupier .

19. CompensatiOn not payabl~ for noxious'" ccdH destroyed.

20. Institution of prosecutions or other legal proceedmgs under the Act.

21. Appointment of inspectmg officers.

22. Delegation of powers.

23. Power to make rules.

24. Rules to be laid before the Legislative Assembly.

25. Repeal.

ACT 17 OF 1958

THE KERALA AGRICULTURAL PESTS AND

DISEASES ACT, 1958

An·

ACT

to make provision for preventing tht spread of insect pests, plant diseases and noxious weeds withm the State of Kerala

Preamble.-WHEREAS it is expedient to take measures to prevent the spread of insect pests, plant diseases and noxious weeds injurious to health or to crops, plants, trees or watersupply or obstructive to water- ways within the State of Kerala;

Be it enacted in the Nmth Year of the Republic of India as follows:-

PART I

PRELIMINARY

I. Short title, extent and commencement.-( I) This Act 11!3Y be -called the Kerala AgriCultural Pest<> and Diseases Act, 19::>8.

(2) It extends to the whole of the State of Kerala.

(3) It shall come into force at once.

2. Interpretatwn.-In this Act, unless the context otherwise requires,-

(a) "insect pest" means any msect or other invertebrate animal which has been declared by notification under section 3 or section 9 of this Act to be an insect pest,

(b) "plant disease" means any fungoid, bactenal, parasitical or other disease which has been declared by notification under section 3 or section 9 of this Act to be a plant disease;

(c) "noxious weed" means any weed which has been declared by notification under sectiOn 3 of this Act to be a noxiOus weed,

(d) "plant" includes the fruit, leaves. bark, cuttings or any Jiving portion of a plant but does not include the seed unless the seed has been specially included m the defimtiOn of plant by the Govern- ment by notification,

(e) "occupier" means the person having for the time bemg the right of occupation of any land, premises, or water or his authorised agent or any person in actual occupation of the land, premises or water, and includes a local authortty and a company havmg such 1·ight o occupation or in such actual occupation;

Publi1besd in the Gozette Extraordinary date.i 26th March 1958

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{f) "notified area" means the area covered by a notification published under section 3 or section 9;

(g) "Director of Agriculture" means an officer appointed by the Government to be the Director of Agriculture and includes every person who for the time being performs the duties of the office; {h) "prescribed" means prescnbed by notification or rules mad() under this Act.

PART ll

OF INSECT PESTS, PLANT DISEASES AND NOXIOUS WEEDS

3. Notification by the Government of areas affected by insect pests, plant diseases 01· noxious weeds.-(1) If the Government consider that any pest, diseaRe or weed in any local area is dangerous to health or is injunous io crops, plants, trees or water-supply or is obstructive to water-ways and that It is necessary to take measures to eradwate it or to prevent its introductiOn or re-appearance, they may, by notification in the Gazette,

(o) declare that such pest, disease or weed il! an insect pest, a plant disease or a noxious weed;

(b) prohibit or restrict the removal of any plant from one place to another or pcescribe such other preventive or remedial measures as may be necessary in respect of such pest, disease or weed, and

(2) Where the preventive or remedial measures prescribed in subsection (I) include the removal or destruction of any plant in order to eradicate or prevent the mtroductwn or re-appearanoe of any insect pest, such notification shall, prior to the date on which the notification shall come mto force, be proclaimed in the local area dt-fined in the notification in such manner as may be prescribed;

4. Liabtlity on the occupiers.-On the issue of a notification under sectiOn 3, every occupier '"ithm the notified area shall be bound to carry out the remedial and preventive measures prescnbcd m such notificatiOn. Explanation.-For the pm pose only of this section, the GO\·ernment shall be deemed to be the Of'CUpier m the case of all lands whwh are the property of Government Withm the meaning of sectwn 3, subsectiOn (1), of the Kerala Land Conservancy Act 1957.

5. Rtglft of entry.-Any officer appomted !J.nder sectiOn 21 may enter on any land or water within the notified area and take such action as may be necessary in order to ascertam-

(a) whether any insect pest, plant disease or noxious weed is there present; and

(b) whether the prescribed remedial or preventive measures or both, as the case may require have been taken.

6. Procedure where meaYures prescribed to eradica~e inYect pests in dude removal or destrucl.ion of plants.-Where the remedial or preventive measures prescribed by a notification under section 3 mclude the removal or destruction of any plant in order to eradiCate or prevent the introduc- tion or re-appearance of any insect pest, any occupier who falls to

•remove such plant on or before the date speCified m the notificatiOn shall be deemed to have committed an offence under th1s Act and the removal or destruction of such plant may be earned out by the mspect- ing officer or under his supervision.

7. Inspecting officer may serve a notice on occupier io take remedial or preventive action.-(1) If any mspectmg officer appomted under section 21 finds that any prescnbed m section 6 have not bee~ properly carried out, be may, subject to such rules as the C':r0vernment may prescribe under sectwn 23, clause (e), call upon the occupier by notice in writmg to carry out the prescnbed remedial or preventive measures within a time to be specified m such notice.

(2) The occupier may, withm seven days of the servic:e upon him of such notice, prefer an appeal to the prescnbed officer • who may make such an order as he thmks.fit. The deciswn on such appeal shall be final.

(3) The officer receivmg the appeal may extend the time specified in the notice under sub-section (l).

8. Occupier Ja~lmg to comply with the notice served on him commits an offence.-If any occupier upon whom notice has been serve-d under section 7 fails to comply with the notice w1thin the t1me specified by the inspecting officer, or, in cases where an appeal has been preferred, by the prescnbcd officer on appeal, he shall be deemed to have ~com- mitted an offence under this Act and the prescr1bed remed1al or preven- tive measures may be carried out by the msp3ctmg officer or under his superviswn. '

9. Prevenetive or remedial masures in emergent cases.- (1) Not- withstandmg anything contamed in sections 3 to 8, If the Government are satisfied that any pest or d1sease injurwus to crops, plants or trees is prevalent in any local area and that immediate preventive or remed1al measures have to be taken, they may, by notifiCJ.tion in the Gazette,-

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(a) declare that such pest or disease is an insect pest or plant. disease;

(b) prescribe such preventive or remedial measures as may be necessary in respect of such pest or disease;

(d) define the local area within whwh, and the period durmg whieh, such, notification shall be in force, and

(e) declare that it shall be competent to the Government to cause the prescnbed preventive or r~medial measuros to be earned out in the notified area.

(2) Upon the issue of a notification und.er subsection (I) it shaH ·be competent to the inspectmg officer app:lmtcd under sectiOn 21 to enter on any land or water withm the notified area and carry out the prescnbed preventive or remedial measures or cause such measures to be earned out under his supervision.

(3) Where any preventive or remed1al measures are carried out under subsection (2), the occupier shall be hable to pay to thE' Govern- ment towards the cost of the measures an amount not exceedmg 1the percentage of such cost prescribed by the Government by not1ficat10n in the Gazette. The inspectmg officer shall by order m writmg determme the amolint payable by the occupier and demanrl payment of the amount Within such time as may be spec1fied therein. If the occupier defaults payment as aforesaid, the amount shall be recoverable from

h1m as If it were an arrear of land revenue.

(4) In calculating the cost of the prevent1ve or remedial measures for the purposes of subsection (3), the followmg shnJl be taken into account, namely·-

(a) charges for labour, m1.terial or use of implements, and

(b) proportionate charges for any speCial establishment entertai ned for the purpose.

(5) Any occup1er considering h1mself aggneved by an order passed by the mspectmg officer under subsectiOn (3) may apply to such officer as may be authorised by the Government m thiM behalf to revise the order of the inspecting officer

Provided that no such application shall he unless- (!} it is made Within thirty days from the date of receipt by the occupier of such order; and

(ii) the amount demanded has been paid in accordance with such order. '

(6) The offieer to whom an application is made under subsection {5) may, after making such enquiry as he thinks fit, either affirm or vary the order of the inspecting officer and h1s decision shall be final.

(7) Where the amount paid by the occupier is in excess of the amount payable~ under the order as revised, such excess shall be refunded to h1m.

10. Recovery from the occupkr o' cost of preventive or remedial measures earned out by the inspecting officer.-(!) If any prescrtbed remedial or preventive meaBures are carried out by the inspecting officer under seetwn 6 or sectiOn 8, the cost of such measures or such portion thereof as may be determmed by the Government shall be recoverable from the occupier as 1f it were an arrear of land revenue, but such occupier may appeal to the Revenue DivisiOnal Officer within thirty days from the date of demand on the ground that-

( a) charges for Items other than cost of labour, material or use of Implements have been included, or

(b) the charges for labour, matenal or use of implemenLs are unduly !ugh.

(2) The order of the Revenue Divisional Officer on such . .1.ppeal shall be final.

11. Destruction of trees or plants in execution of remedial or preventive \

m.easurss and compensation therefor.-(1) If in carrying out any prescnbed remedial or preventive measures under section 6 or sectiOn 8 or sectiOn 9 the mspectmg officer destroys or causes to be destroyed-

(a) any tree wh1eh IS mfected with the msect 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 that it is not ordmanly practicable to treat "each plant individually, or

(c) any plants including trees wh1ch, though not so infected, have, in his opimon, become liable to such mfectwn, he shall within fifteen days of the destructiOn of the trees or plants serve a notice in wntmg on the occupier statmg partiCulars of the trees and plants destroyed and h1s estimate of their value

(2) When any trees or plants are destroyed as aforesaid, the occupier shall be entitled to compensatiOn as follows·- for a tree destroyed under sub.sectwn (l), clause (a)- not exceed- mg one-half the value thereof;

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for plants destroyed under sub-sectron (I), clause (b)- not ex<'cccl- ing two-thirds the value thereof, '

for plants destroyed under sub-section (I), clause (c)-theil full value:

Provided that no compensation shall be payable for cotton plunts the destruction of which has been prescnbed in order to eradicate or prevent the introductiOn or re-appearance of any insect pest.

(3) For the purposes of this section, value shall mean the valno of the tree or plant at the time of its destructio".

12. Clatms for compensation how and and when to be made -All claims for compensatiOn under section II or section 18 shall be mndo in writmg to the valumg officer a.ppointed by t.he Government witlun one month from the service of the notice mentwned in sub-sectiOn (I) of section II or withm one month from the date of destruction of tho tree or plant, as the case may be, by the occuper:

Provided that when the valuing officer is satisfied that the occuplqr had suffictent cause for not making the claims within the period of ono month aforesaid, he may admit such claims aft<'r the said period If they are made within two months from the date of service of the notice or destructiOn of the tree or plant, as the case may be.

13. Award of compensation.-(!) The valumg officer, after making such mquiry and taking such evidence as he may consider necessary, shall award compensatiOn not exceeding the rates presCJ t bed in sect ion 11 and transmit or cause to be transmitted copies of his a\\ard m wn11ng to the occupier and to the inspectmg officer.

(2) The date within which and the officer before whom an appeal may be preferred shall be entered in the award.

14. Appeal against award.-Either the occupier or the inspecting officer may, withm thirty days of the date of receipt of the award, prefer an appeal against such award to the prescribed officer whoso decisiOn shall be final.

15. Obltgation of village officers to report on insect pest~. plant diseaM8 0'1' noxious weed3 -All village officers and such other officers as may bn prescnbed, of villages in taluks adjoinmg a notified area. Withm whoso village limits a pest, dtsease or weed Similar to the msect pest, plant. disease or noxious weed withm the notified area appears, shall report. the same to the Collector.

16. Punishment for offence under sectwn 6 or section 8.- Any ono convicted by a Magistrate of an offence under section 6 or se

17. Contravening notification under section 3 ( 1) (b) .to be an offence and punishment therefor-If any person contravenes a notification under sectton 3, sub.settion (1), clause (b), of thiS Act prohrbrting or restricting the removal of any plant from one place to another, he shall be deemed to have commrtted an offence under thrs Act. Any one convicted by a MagiStrate of such an offence shall, in addition to confiscation and destructiOn of the plant in respect of which the offence was committed, be habe to fine not exceeding fifty rupees or m default to simple im- prisonment for a penod not exceeding ten days ..

18. Compensation for trees and plants destroyed by' occupier.-Where an occupter destroys any trees or plants in obedtence to a notice issuoo under section 7, he shall be entrtled to such compensation as he would have been entitled to under section II if such tree or plant had been destroyed by the inspecting officer.

19. Compensation not payable for noxious weeds destroyed.- Notwrthstandmg anything in this Act, no compensation shall be payable for any noxious weed destroyed.

20. Institution of prosecutions or other legal proceedings under the Act.- ( 1) No suit, prosecution or other legal proceedings shall lie against any officer for anythmg done under thrs Act in good faith or for any damage to ·property caused by any action taken in good farth in carrying out the provisions of this Act.

(2) No prosecution under thrs Act shall be commenced without the prevwus sanction of the Collector.

(3) No prosecution u~der !his Act shall be commenced after six months from the date of the alleged offence.

21. Appointment of inspecting officers.-The Government may, from time to time, appoint inspectmg officers for the purpose of carrymg out the duties prescnbed in sections 5, 6 and 7.

22 Delegatwn of powers.-The Government may, by notdication in the Gazette, delegate all or any of their powers under this Act except those conferred by sectton 23 to the Drrector of Agriculture or any other officer or to any local authonty or the president or chairman of any local authonty.

23. Power to make rules.-The Government may, by notification in the Gazette, make such rules not inconsrstent wrth the provisrons of thrs Act as may, from trme to trme, be necessary-

(a) prescribmg the methods of publication of description of msect pests, plant diSeases and noxious weeds and of the treatment to be followed;

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(b) prescribing the qualifications required of inspecting ofllccrs;

(c) prescnbing the procedure to be followed in making an award under sectiOn 13 and the methods and conditions of valuation of trees and plants; •

(d) prescribing the officers to whom appeals may be made ami the procedure to be followed m respect of such appeals,

(e) prescnbing the procedure, notices and method of se1 vico thereof, notifications, registers and other processes needed for tho effectual "'orking of this Act, and

{f) generally for carrymg out the purposes of this Act,

24. Rules to be la~d before the Legtslative Assembly.-AII rule made under this Act shall be laid for not less than seven days before the Legislative Assembly as soon as possible after they are made and shall be subJect to such modifications as the Legislative Assembly may make during the sessiOn m which they are so la1d

25. Repeal.-The Travancore-Cochm Agricultural Pests and Diseases Act, 1955 and the Madras Agricultural Pests and Diseases Act, 1919, as in force in the Malabar Distrwt referred to in sub-section {2) of section 5 of the States Reorganisation Act, 1956 (Central Act 37 of 1956), are hereby repealed .