The Assam Agricultural Pests and Diseases Act, 1950

ASSAM ACT XXXV OF 1950
* THE ASSAM AG RIC UL TU RA L PESTS AN D DISEASES  
ACT, 1950
[Published in the “Assam Gazette”, dated the 20th December 1950]
An Act to provide for the prevention of the spread of insect pests, plant  
diseases and noxious weeds in the State of Assam
Preamble.— Whereas it is expedient to provide for measures for the preven­
tion of the spread of insect pests, plan t diseases and noxious weeds injurio us to 
health or to crops, plants, trees or water supply or obstructive to waterways 
within the State of Assam, it is hereby enacte d as follows
PA RT  I 
Preliminary
1. Short title, extent and commencement. —(1) This Act shall be called 
“The Assam Agric ultural Pests and Diseases Act. 1950”,
(2) It extends to the whole of Assam.
(3) It shall come into force on such date 1 as the State Government may, 
by notification in the official Gazette appoint in this behalf.
2. Definitions.— In this Act, unless there is anything repugnant in the sub­
ject or context,—
(1) “Crop” means any agricultural produce whether stored for consump­
tion or standing and includes seed, plan t or any par t thereof ;
(2) “Director of Agriculture ” means an Officer appointed by the State 
Government to be the Direc tor of Agriculture and  includes every person who for 
the time being performs the duties of the offic e ;
(3) “Insect pest” means any insect or other invertebra te animal and shall 
include bacteria and othe r vegetable or animal organisms, which has been declared 
by notification unde r section 3  of this Act to be an insect p est ;
(4) “Inspecting Officer” means the officer appointed as such under sec­
tion 20 of the A c t;
(5) “Noxious weed” means any weed which has been declared by notifi­
cation under section 3 of this Act to be noxious weed ;
(6) “Notified area” means the area covered by a notification published 
under section 3 ;
*  F or statem ent of object and reasons see “Assam  Gazette” , 1949, Par t V, 
page 197 , Report of the Select Committee, Part V, page 89,
 
 
356
(7) “Occupier” means the person in actual occupation of any land, premises 5  
or wate r or the person  having for the time being the right of occupation of the 
land, premises or water, or his authorised agent and includes a local autho rity 
and a railway or other company having such right of occupation or any such 
actua l occupation.
(8) “Pl ant disease” means any fungoid, bacterial, parasitica l or other 
disease which has been declared by notification unde r section 3 of this Act to 
be a plant disease
(9) “Plant” includes the fruit, leave, bark, roots cuttings or any living 
portion of a plant but does not include the seed unless the seed has been especially 
included in the definition of plan t by the State Government by notification under 
this A c t;
(10) “Pres cribed” means prescribed by notification or rules made under 
this Act.
(11) “Valuing Officer” means Officers appointed as such for the purposes 
of this Act.
PA RT  II
3. Notification by the State Government of areas affected  by insect pests,  
plant diseases or noxious weed.— (1) If the State Government consider tha t any 
pest, disease or weed in any local area is injurio us to health, crops, plants, trees 
or water supply  or is obstructive to water-ways and tha t it is necessary to take 
measures to erad icate it or to prevent its sprea d, introd uction or re-appeara nce, 
they may by notification in the official Gazette—
(a) decla re tha t such pest, disease or weed is an insect pest, a plant 
disease or a noxious weed,
(b) prohibit or restrict the removal of any plant or crop from  one place 
to ano ther  or prescribe such othe r preventive or remed ial measures 
as may be necessary in respect of such pest, disease or weed, and
(c) define the local area within which and the period durin g which such
notification shall be in force.
(2) Where the preventive or remedial measures prescribed in sub-section (1) 
include the remov al or destruction of any plant or crop in orde r to erad icate or 
preve nt its spread, the introduction or re-appearance of any insect pest, plant 
disease or noxious weed, such notification shall, prio r to the date on which the 
notification shall come into force, be proclaimed in the local area defined in the 
notification in such man ner as may be prescribed.
4. Liability on the occupiers.— On the issue of a notification unde r section 3, 
every occupier within the notified area shall be bound to carry out the remedial 
and  preventive measures prescribed in such notification.
Explanation.—For the purpose only of this section Government shall be 
deemed to be the occupier in the case of all lands, premises or water which, 
they have for the time being the right to occupy or are in their actua l occupation.
5. Power of entry.— Any inspecting officer may with prescribed notice enter 
into  any premises, land  or water within the notified area and take such action 
as may be necessary in order to ascertain—
(a) wheth er any insect pest, plant disease or noxious weed is there
pr es en t; and
(b) whether the prescribed remedial or preventive measures or both, as ;
„ the case may require, have been taken.
 
357
6. Inspecting Officer may serve a notice on occupier to take remedial or  
preventive action.— (1) If any Inspecting Officer finds that any prescribed remedial 
or preventive measures have not been properly carried out he may, subject to such 
rules as the State Government may prescribed under section 22 call upon the 
occupier by notice in writing to carry out the prescribed remedial or preventive 
measures within a time to be specified in such notice.
(2) The occupier may within seven days of the service upon him of such 
notice prefer an appeal to the prescribed officer who may make such orde r as 
he thinks fit. The decision on such appeal shall be final.
(3) The Officer receiving the appeal may extend the time specified in the 
notice under sub-section (1).
7. Occupier failing to comply with the notice served on him commits an  
offence.— If any occupier upon whom notice has been served unde r section 6 
fails to comply with the notice within the time specified by the Inspecting Officer, 
or, in case where an appeal has been preferred, by the prescribed officer on 
appeal, he shall be deemed to have committed an offence under this Act and the 
prescribed remedial or preventive measures may be carried out by the Inspecting 
Officer or under his supervision.
8. Recovery from the occupier of the cost of preventive or remedial mea­
sures carried out by the Inspecting Officer.— (1) If any prescribed remedial or 
preventive measures are carried out by the Inspecting Officer under section 7 
the cost of such measures shall be recoverable from the occupier as if it were 
an arre ar of land revenue, but such occupier may appeal to the Deputy Commis­
sioner within thirty days from the date of deman d on the ground that,
(a) charges for items other than costs of labo ur, material or use of im­
plements have been included, or
(b) the charges for labour, materials or use of implements are unduly 
high.
(2) The orde r of the Deputy Commissioner on such appeal shall be final.
9. Destruction of trees or plants in execution of remedial or preventive mea­
sures and compensation.— (1) If in carrying out any prescribed remedial or pre­
ventive measures under section 6 the Inspecting Officer destroys or causes to be 
destroyed ;
(a) any tree which is infected with the insect 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, 
tha t it is not ordin arily practicable to treat  each plan t individually, 
or
(c) any plants including trees which, though not so infected, have in his
opinion become liable to such infection ;
(d) any crop which is infected with insect p est;
he shall serve a notice in writing on the occupier stating particulars of the trees, 
crop and plants destroyed and his estimate of their value.

358
(2) When any trees or plants or crops are destroyed as aforesaid, the occu­
pier shall not be entitled to any compensation  except in the case of any plants 
destroyed unde r clause (c) of sub-section (1), where the full value of such plants 
shall be paid.
(3) For  the purpose of this section “value” shall mean the value of the 
tree or plant at the time of its destruction.
10 . Claim for compensation how and when to be made.— All claims for com­
pensation unde r section 9 shall be made in writing to the valuing officer appointed 
by the State Government within one month from  the service of the notice men­
tioned in sub-section (1) of section 9.
11 . Award of compensation.— (1) The valuing officer after making such en­
quiry  and taking such evidence as he may consider necessary shall award com­
pensation not exceeding the rate prescribed in section 9 and transmit or cause to 
be transmitted copies of his award  in writing to the occupier and to the inspecting 
officer.
(2) The  date within which and the officer before whom an appe al may be 
preferred  shall be entered in the award.
12. Appeal against award.— Either  the occupier or the Inspecting Officer 
may within thirty days of the date of receipt of the award prefer an appeal against 
such award to the prescribed officer whose decision shall be final.
13 . Obligation of village officers to report on insect pest, plant diseases or  
noxious weeds.— Village Officers of villages adjoining a notified area within whose 
village limits pest, disease or weed similar to the insect pest, plant disease or noxious 
weed within the notified area shall appear, shall report the same to the Deputy 
Commissioner or Subdivisional Officer and  the Director of Agriculture.
14.  Punishment for offence under section 7.— Any one convicted by a magis­
trate of an offence under section 7 of this Act shall be liable to fine not exceeding 
Rs.50 or in default to simple imprisonm ent for a period not exceeding 10 days.
15. Contravening notification under section 3(b) to be an offence; and  
punishment therefor.—If any person contravenes a notification under section 3(b) 
of this Act proh ibiting or restricting the removal of any plant or crop from one 
place to another he shall be deemed to have comm itted an offence under this 
Act. Any one convicted by a magistrate of such an offence shall, in addition to 
confiscation and destruction of the plan t or crop in respect of which the offence 
was committed, be liable to a fine not exceeding Rs.50 or in default to simple im­
priso nment for a perio d not exceeding ten days.
PAR T III
Miscellaneous
16.  Compensation to occupier for trees and plants destroyed-— Where an 
occupier destroys any trees or plants or crop in obedience to a notice issued under 
section 6, he may be gran ted compensation in accordance with such rules as may 
be made under this Act.
17.  Compensation not payable for noxious weed destroy ed.— Notw ithstand­
ing anything in this Act, no compensation  shall be payable for any noxious weed 
destroyed.
 
 
359
18. Protection of action taken under the Act.— (1) No suit, prosecution or 
other legal proceeding shall lie against any person for anything which is in good 
faith done or intended to be done or for damage to property caused by any action 
which is in good faith taken or intended to be taken in pursuance of this Act or 
any rules made thereun der.
(2) Save as otherwise expressly provided under the Act, no suit or other 
legal proceeding shall lie against the Government for any damage caused or likely 
to be caused by anything in good faith done or intended to be done in pursuan ce 
of this Act or any rules made thereu nder.
19 . Institution of prosecutions or other legal proceedings under this Act.—
(1) No prosecution under this Act shall be commenced except with the previous 
sanction of the Director of Agriculture.
(2) No prosecution under this Act shall be commenced after six months 
from the date of the alleged offence.
20. Appointment of Inspecting Officers.— The State Government may from 
time to time appo int Inspecting Officers for the purposes of this Act.
21. Delegation of Powers.—The State Government may by notification in 
the official Gazette delegate all or any of their powers unde r this Act except those 
conferred by sections 3 and 22 to the Director of Agric ulture  or any other officer 
appointed by Government.
PA RT  IV
Power to make Rules
22. Power of Government to make rules.—(1) The State Government may, 
subject to the condition of previous publication , make rules, for carrying into 
effect the purposes of this Act.
(2) Without prejudice to the generality of the foregoing provision, such rules 
may prescribe—
(a) the methods of publication of descriptions of insect pests, plant 
diseases and noxious weeds and the treatment to be followed ;
(b) the qualifications required of Inspecting Officers :
(c) the procedure to be followed in makin g an award  under section 12
and the methods and conditions of valuation of trees, plants and 
crops ;
(d) the officers to whom appeals may be made, and the procedure to be 
followed in respect of such appe als ;
(e) the procedure, nonces and metho ds of service thereof, notifications,
registers and other processes needed for effectual working of this 
A ct;
ff) inclusion of seed within the definition of a pla n t;
(g) the procedure for payme nt of compensation under section 16 and for 
all matters connected therew ith ;
fh) the methods generally to carry out the purposes of this Act.

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