(1) If any insect pest, plant disease or noxious weed appears in any village adjoining a notified area, the village officers of such village shall forthwith report the fact to the Collector or such other officer as the 34[State] Government may appoint in this behalf.
(2) The Collector or such other officer, as the case may be, shall on receipt of such report and after making such further inquiry as he may deem necessary forward it to the 34[State] Government with his remarks thereon.
35[12-A. Public to assist and to render service in carrying out preventive or remedial measures including destruction of locusts in case of locust menace. (1) When any notified area in which locusts have been declared to be an insect pest under section 3 is invaded or is in danger of an invasion by locusts, the Collector or any officer appointed by him in this behalf may, with a view to facilitating preventive or remedial measures against locusts, by proclamation published in the manner hereinafter specified
(a) call upon all male persons not below the age of 14 and above the age of 60 years and residing in the notified area to render all possible assistance in carrying out preventive or remedial measures and in the destruction of locusts:
Provided that no person who, on account of physical infirmity, is incapable of rendering assistance or who resides at a distance of more than 5 miles from the place where his assistant is required, shall be called upon to render assistance under this clause;
(b) require all or any male persons not below the age of 18 and above the age of 60 years and residing in the notified area to present themselves at such time and at such place and to such authority as may be specified in the proclamation and to render such service and for such time as may be required of them by the authority to whom, they have presented themselves in pursuance of such proclamation:
provided that no person who, on account of physical infirmity, is incapable of rendering such service shall be called upon to render service under this clause.
(2) When any person is called upon to render assistance under clause (a) of sub-section (1) the Collector or the officer appointed or any officer authorised by the Collector may direct such person to do or not to do any particular thing.
(3) Persons who are called upon to render service under clause (b) of sub-section (1) shall, in consideration of such service, be entitled to such payment as may be prescribed.
(4) A proclamation under sub-section (1) shall be published by beat of drum in the town or village and by affixing a copy thereof in chawdi or in some other public building or place in the town or village, as the case may be, and the statement in writing by the Collector or officer making the proclamation to the effect that the proclamation was duly published on a specified day, shall be conclusive evidence that the requirements of this section have been complied with and that the proclamation was published on such day.
(5) A proclamation under sub-section (1) shall cease to operate at the expiration of three months from the date of its issue unless before the expiration of the said period of three months, the State Government 36[or the Commissioner] by public notice extends it to a further period not exceeding three months. The provisions of subjection (4) shall mutatis mutandis apply to the publication of such public notice.]
37[12-B. Power to requisition vehicles in case of locust mensee. (1) When any notified area in which, locusts have been declared to be an insect pest under section 3 is invaded or is in danger of an invasion by locusts, the Collector or any officer appointed by him in this behalf may, with a view to facilitating preventive or remedial measures against locusts, by order in writing requisition any vehicle and make such other orders as may appear to him to be necessary or expedient in connection with such requisition. Any vehicle requisitioned under this section may then be used or dealt; with in such manner as may appear to be necessary or expedient to the officer requisitioning the vehicle.
(2)(i) Every order made under sub-section (1) shall,
(a) if it in an order affecting a corporation or a firm, be served in the manner provided for the service of a summons, in rule 2 of Order XXIX or rule 3 of Order XXX as the case may be, in the First Schedule of the Code of Civil Procedure, 1908;
(b) if it is an order affecting an individual owner other than a corporation or a firm, be served on the owner
(i) personally by delivering or tendering to him the order, or
(ii) by post, or
(iii) where the owner cannot be found by leaving an authentic copy of the order with some adult male member of the family or by affixing then copy to some conspicuous part of the premises in which he is known to have last resided or carried on business or worked for gain;
(c) if the ownership of the vehicle to be requisitioned is in dispute, be published in the Official Gazette.
(ii) Where a question arises whether a person or owner was duly informed of an order made in pursuance of sub-section (1) compliance with the requirements of this sub-section shall be conclusive proof that he was so informed; but failure to comply with the said requirements shall not preclude proof by other means that he was so informed or affect the validity of the order.
(3) If the owner of the vehicle does not, after service of the order in the manner provided in sub-section (2), place the vehicle in possession of the officer or authority mentioned therein, such officer or authority as the case may be, may seize the vehicle from any person who may for the time being be in possession thereof.
(4) No owner of any vehicle or any person in possession of it shall, after service or publication of an order under this section, remove or allow to be removed any part, tyre, tube or any other accessory or in any way damage the vehicle or permit it to be damaged so as to reduce the usefulness of such vehicle.
(5) When any vehicle is requisitioned under this section, there shall be paid to the owner such compensation, as may be agreed upon between him and the officer requisitioning the vehicle and in the absence of such agreement, such compensation as may be determined by the Collector. In determining the amount of compensation, the Collector shall take into consideration the toss caused to the owner by reason of requisition and also the model, make, type, class and condition of the vehicle at the time of requisition:
Provided that the maximum rate of compensation payable to the owner shall not exceed such rate per day as the State Government may, by general or special order fix from time to time, having regard to the current rates of hire of such vehicles prevailing in the district during the period of requisition.
The order determining the compensation made under this sub-section shall be served in the manner provided in sub-section (2).
(6) The officer requisitioning any vehicle may at any time release the vehicle from requisition and when it is decided to do so, a notice in writing shall be served on the owner in the manner provided in sub-section (2) to take delivery of the vehicle on or before such date and from such place and person as may be specified therein.
(7) When such notice is served, with effect from such date no further liability for compensation or payment of any other kind shall accrue for requisitioning the vehicle:
Provided that the officer requisitioning the vehicle may make such further payment on account of compensation for any material damage done to the vehicle during the period of requisition as may be assessed by the Collector.
(8) The delivery of possession of the vehicle to the owner or his accredited agent shall be a full discharge of any liability of the State Government to deliver possession to such person as may have rightful claim to possession thereof but shall not prejudice any right in respect of such vehicle which any other person may be entitled by due process of law to enforce against the person to whom possession of the vehicle is so delivered.
(9) If the owner fails to take delivery of the vehicle on or before the specified date the officer who passed the order of release of the vehicle may dispose of the same thereafter in the manner provided in sub-section (10):
Provided that such officer shall be competent to allow the owner such extension of time as he deems proper without any liability for any compensation or other payment for the period of extension.
(10) The disposal of a vehicle under sub-section (9) shall be by public auction and at the risk of the owner and the sale proceeds shall be made over to the owner after deducting any expenditure incurred by the officer releasing the vehicle from requisition due to the owner not taking delivery of it on or before the specified date.
(11) The Collector or the officer appointed by him in this behalf may, with a view to requisitioning any vehicle under this section or determining the compensation payable for such requisitioning, by order in writing
(a) require any person to furnish to such officer or authority as may be specified in the order such information in his possession relating to the vehicle as may be specified;
(b) direct that the owner or the person in possession of the vehicle shall not without his permission dispose it off or remove it till the expiry of such period as may be specified in the order from the premises or the place in which it is kept.
Explanation. For the purposes of this section
(a) owner includes in relation to a vehicle which is the subject of a hire-purchase agreement the person in possession of the vehicle under the agreement;
(b) vehicle means any vehicle used or capable of being used for the purpose of transport of persons or goods upon roads, whether propelled by mechanical power or not].
38[12-C. Appeal against orders passed under section 12B. (1) Every order passed under section 12B, including any order determining compensation for requisitioning vehicles shall be appealable to the Collector if it is passed by any officer lower in rank than that of a Collector and to the prescribed authority if it is passed by the Collector.
(2) Such appeal shall be presented within 30 days of the date on which the order appealed against was served on the appellant.
(3) Every order passed in such appeal shall be final.]
39[12-D. Special powers of entry and Inspection. Without prejudice to any powers otherwise conferred; by this Act, any person authorised in this behalf by the State Government 40[or the Commissioner] may enter and inspect any premises or vehicle for the purpose of ascertaining or determining whether, and if so, in what manner any order under section 12A or 12B should be made or with a view to securing compliance with any order made thereunder].