The Gujarat Agricultural Pests and Diseases Act, 1980

The Gujarat Agricultural Pests and Diseases Act, 1980 
 
1980 : Guj . 7 ] 
1 of 11 
 
 
 
 
 
 
 
 
 
 
 
 
GOVERNMENT OF GUJARAT 
 
 
 
 
 
 
 
 
 
 
 
 
 
LEGISLATIVE AND PARLIAMENT AFFAIRS LEGAL DEPARTMENT 
 
 
 
 
 
 
 
 
 
 
 
 
Gujarat Act No. 7 of 1980 
 
 
 
 
 
 
 
 
 
 
 
 
The Gujarat Agricultural Pests and Diseases Act, 
1980 
 
 
 
 
 
 
 
 
(As modified upto the 31st May, 2012) 
 
 
 
 
 
 
 
 
The Gujarat Agricultural Pests and Diseases Act, 1980 
 
1980 : Guj . 7 ] 
2 of 11 
 
THE GUJARAT AGRICULTURAL PESTS AND DISEASES ACT, 1980 
 
CONTENTS. 
PREAMBLE. 
SECTIONS.        Page No. 
 
1. Short title, extent and commencement. 
 
2. Definitions. 
 
3. Power to declare insect pests, plant diseases and noxious weeds and to direct 
measures to eradicate or prevent them, 
 
4. Duties of occupier on the issue of a notification under section 3. 
 
5. Power of Inspector to enter upon any land, water or premises. 
 
6. Power of Inspector to carry out preventive or remedial measures on failure of 
occupier to do so. 
 
7. Recovery of cost from the occupier. 
 
8. Compensation for destruction of trees or plants. 
 
9. Compensation for trees or plants destroyed by occupier. 
 
10. Procedure for claims for compensation. 
 
11. Award of Assessor; Appeal. 
 
12. Duty of cer tain village officers to report appearance of insect pest, plant 
disease or noxious weed. 
 
13. Public to assist and to render service in carrying out preventive or remedial 
measures including destruction of locusts in case of locust menace. 
 
14. Power to requisition vehicles in case of locust menace. 
 
15. Appeal against order passed under section 14. 
 
16. Special powers of entry and inspection. 
 
17. Penalty. 
 
18. Special procedure regarding trial of certain offences. 
 
19. Appointment of Inspectors and Assessors. 
 
21. Bar of suit or other legal proceedings. 
 
22. Delegation of power. 
 
23. Power to make rules. 
 
24. Repeal and savings. 
 
 
 
 
 
 
 
 
 
The Gujarat Agricultural Pests and Diseases Act, 1980 
 
1980 : Guj . 7 ] 
3 of 11 
 
GUJARAT ACT NO. 7 OF 19801  
 
[THE GUJARAT AGRICULTURAL PESTS AND DISEASES 
ACT, 1980] 
[31st July, 1980] 
 
An Act to amend and consolidate the law relating to the preve ntion of 
introduction, spread or reappearance of insect pests, plant diseases and noxious weeds 
injurious to crops, plants or trees in the State of Gujarat. 
 
It is hereby enacted in the Thirty -first Ye ar of the Republic of India as 
follows:— 
 
1. (1) This Act may be called the Gujarat Agricultural Pests and Diseases Act, 
1980. 
 
(2) It extends to the whole of the State of Gujarat. 
 
(3) It shall be deemed to have come into force on the 19th April, 1980. 
 
2. In this Act, unless the context otherwise requires- 
 
(1) ''Assessor" means an Assessor appointed under section 19; 
 
(2) "insect pest" means any pest declared to be an insect pest by a notification 
under section 3; 
 
(3) "Inspector" means an Inspector appointed under section 19; 
 
(4) "notified area" means any area specified in the notifi cation issued under 
section 3 in which a declaration made under the said section is in force ; 
 
(5) "noxious weed" means any weed declared to be a noxious weed by a  
notification under section 3; 
 
(6) "occupier'' means the person having for the time being the right of 
occupation of any land, water or premises, of his authorised agent or any 
person in actual occupation of the land, water or premises; 
 
(7) ''pest" means any insect or other invertebrate animal; 
 
(8) "plant" includes the fruit, leaves, bark, cuttings and any living portion of a 
plant but does not include the seed: 
 
Provided that the State Government may, by notification in the 
Official Gazette direct that the seed of any particular plant shall be included in 
the definition of plant; 
 
(9) "plant disease" means any fungoid, bacterial or parasitical or other disease 
declared to be a plant disease by a notification under section 3; 
  
(10) "prescribed" means prescribed by rules made under section 22. 
 
3. (1) Whenever it appears to the State Government that any pest, disease or 
weed is injurious to crops, plants or trees in any local area and that it is 
necessary to take measures to eradicate such pest, disease or weed or to 
prevent its introduction, spread or re -appearance, the State Governme nt may, 
by notification in the Official Gazette,— 
 
(i) declare that such pest, disease or weed is an insect pest, plant 
disease or noxious weed; 
 
(ii) specify the local area within which and the period during which 
such declaration shall remain in force; 
 
(iii) prohibit or restrict the movement or removal of any plant, tree, 
soil or manure from one place to another within or outside such area; 
Short title, extent 
and commence-
ment. 
Definitions. 
Power to declare 
insect pests, plant 
diseases and noxious 
weeds and to direct 
measures to 
eradicate or prevent 
them. 
The Gujarat Agricultural Pests and Diseases Act, 1980 
 
1980 : Guj . 7 ] 
4 of 11 
and 
 
(iv) direct the carrying out of such preventive or remedial measures 
including the destruction of any insect pest, plant disease or noxious 
weed or the planting or destruction of any crops, plants or trees within 
the period specified in such notification as the State Government may 
deem necessary, in order to eradicate such pest, disease or weed or to 
prevent its introduction, spread or re-appearance: 
 
Provided that where the State Government is satisfied at the 
time of issuing such notification or at any time thereafter, that it is 
necessary to carry out such preventive or remedial mea sures 
immediately in any local area, it may in or by such notifi cation direct, 
such measures to be carried out immediately,— 
 
(a) by itself through its own officers, or 
 
(b) by such persons or institutions including the occupier and 
in such manner as the State Government may specif y in such 
notification, and 
 
the cost of any measures so carried out — 
 
(i) by the officers shall be payable to the State Govern ment, 
and 
 
(ii) by the persons or the institutions shall be payable to the 
persons or as the case may be, the institutions, 
 
by each occupier in the local area to such extent, in such proportion 
and within such time, as the State Government may, by order 
determine. 
 
(2) The substance of the notification issued under sub-section (1) shall also be 
notified by the Collector by beat o f drum or other customary mode in such 
local area. 
 
4. On the issue of a notification under section 3, every occu pier within the notified 
area shall carry out within the period specified therein the preventive or remedial 
measures mentioned in such notification and act in compliance thereof, and it shall 
also be lawful for the Collector to call upon any male person, not being below the age 
of 18 years and residing within such notified area, to render such assistance in 
carrying out such measures, as he may consider necessary: 
 
Provided that no person who is, by reason of old age, physical disability or 
any other reas onable cause, incapable of rendering assistance or who lives at a 
distance of more than eight kilomet ers from the place where his presence is required 
shall be called upon to render such assistance : 
 
Provided further that for the purposed calling upon an y person whose 
assistance is required, it shall be sufficient to notify such requirement by a 
proclamation in this behalf made by beat of drum or other customary mode in the 
locality in which such person is residing. 
 
5. Any Inspector may, after giving notice in such form and manner and before such 
time as may be prescribed, enter upon any land water or premises situated in a 
notified area for the purpose of ascertaining— 
 
(i) Whether there is an y insect pest, plant disease or noxious weed on such 
land, water or premises; 
 
(ii) Whether the preventive or remedial measures mentioned in a notification 
issued under section 3 have been carried out, or anything has been done in 
contravention of such notification. 
 
Duties of occupier 
on the issue of a 
notification under 
section 3. 
Power of Inspector to 
enter upon any land, 
water or premises. 
The Gujarat Agricultural Pests and Diseases Act, 1980 
 
1980 : Guj . 7 ] 
5 of 11 
6. If, on inspection of any land, water or premises under section 5, the Inspector finds 
that there is any insect pest, plant disease or noxious we ed on such land, water or 
premises, or that preventive or remedial measures mentioned in a notification issued 
under section 3 have not been carried out, even though the period specified in such 
notification has expired or that anyth ing has been done in c ontravention of such 
notification, the Inspe ctor may, subject to the general or special orders of the State 
Government, carry out, at the expense of the occupier of such land, water or premises 
such preventive or remedial measures or remove any crop plant ed in contravention of 
the notification or discontinue the contravention of such notification. 
 
7. (1) The costs of any preventive or remedial measures carried out or any other 
action taken under the proviso to sub-section (1) of section 3 or section 6 
shall be recoverable from the occupier as an arrear of land revenue. 
 
(2) Any such occupier may, within thirty days from the first demand of such 
costs from him, prefer an appeal to the Collector or to such other officer as 
the Collector may appoint in this behalf on the ground that,— 
 
(i) the costs include charges for items other than the cost of labour, 
material or use of implements; or 
 
(ii) the charges for labour or material or use of implements are 
unreasonably high. 
 
(3) On receipt of an appeal under sub -section (2), the Collector or other 
officer, as the case may be, shall after giving the occu pier an opportunity of 
being heard, pass such order thereon as he thinks fit. 
 
(4) Every order passed under sub-section (3) shall be final and conclusive and 
shall not be liable to be called in question in any Court. 
 
8. (1) If, in carrying out any preventive or remedial measures under section 3 or 
6, the officer or Government , person, institution or Inspector destroys or 
causes to be destroyed,— 
 
(a) any tree which is infected with an insect pest or a plant disease, or 
 
(b) any plants some or all of which are infected with insect pest or 
plant disease and which are grown so closely together that it is not 
practicable to treat each plant individually, or 
 
(c) any plants or tress, which though not infected at the time with an 
insect pest or a plant disease are, in the opinion of the officer, person, 
institution or, as the case may be, Inspector, liable to such infection, 
 
the officer, person, institution or as the case may be, Inspector shall 
give notice to the occupier of the land or premises on which such 
trees or plants were grown stating particulars of the trees or plants 
destroyed and estimate of their value. 
 
(2) When any tree or plant is destroyed under sub -section (1), the occupier 
shall be entitled to compensation deter mined in the manner provided in 
section 11. 
 
9. If an occupier in carrying out preventive or remedial measures directed to be 
carried out by the notification issued under section 3 destroys any tree or plant in 
accordance with such direction he shall be entitled to such compensation as he would 
have been entitled to under section 8 as if such tree or plant had been des troyed by 
the officer, person, institution or, as the case may be, Inspector. 
 
10. Every claim for compensation shall be made in writing to the Assessor within one 
month from the date of— 
(i) the notice given under sub -section (1) of section 8 if the claim is made 
under the said section, or 
 
(ii) the destruction of the tree or plant, as the case may be, if the claim is 
made under section 9. 
Power of Inspector 
to carry out 
preventive or 
remedial measures 
on failure of 
occupier to do so. 
Recovery of cost 
from the 
occupier. 
Compensation for 
destruction of 
trees or plants. 
Compensation 
for trees or 
plants destroyed 
by occupier. 
Procedure for 
claims for 
compensation. 
The Gujarat Agricultural Pests and Diseases Act, 1980 
 
1980 : Guj . 7 ] 
6 of 11 
 
11. (1) On receipt of any claim under section 10, the Assessor shall, subject to the 
provisions of sub -section (2) and after making a n inquiry in the prescribed 
manner and taking such evidence as he thinks fit, fix the amount of 
compensation due to the occupier under the provisions of this Act and make 
an award for such amount. 
 
(2) The amount of compensation shall— 
 
(a) for every destr oyed tree of the kind referred to in clause (a) of 
subsection (1) of section 8, not exceed one -half of the value of the 
said tree: 
 
(b) for every destroyed plant of the kind referred to in clause (b) of 
sub-section (1) of section 8, not exceed the three -fifths of its value; 
and 
 
(c) for every destroyed plant or tree of the kind referred to in clause 
(c) of sub-section (1) of section 8, be its full value : 
 
Provided that no compensation shall be payable for— 
 
(i) any noxious weed destroyed ; 
 
(ii) any cotton plant destroyed in order to eradicate or prev ent 
the introduction or reappearance of any insect pest or plant 
disease; 
 
(iii) the destruction of trees and plants infected with any insect 
pest or plant disease which in opinion of the Inspector 
contracted infection due to the negligence of the occupier in 
carrying out the preventive or remedial measures mentioned 
in the notification issued under section 3. 
 
Explanation— For the purposes of this section. value 
means the value of a tree or plant at the time of its destruction. 
 
(3) If any amount is due from the occupier on account of costs incurred in 
carrying out the preventive or remedial measures under the proviso to sub -
section (1) of section 3 or under section 6, the whole or part of the amount of 
compensation awarded to him, as may be necessary, shall be set off against 
the amount of costs due from him. 
 
(4) A copy of every award made by an Assessor shall be sent to the occupier 
to whom such compensation has been awar ded and to the Inspector of th e 
notified area concerned. 
(5) The occupier or the Inspector, as the case may be, may within 30 days 
from the date of receipt of a copy of the award under sub-section (4) prefer an 
appeal to the Collector against the award. 
 
(6) On receipt of the appeal under sub -section (5), the Collector shall, after 
giving the occupier and the Inspector an opportunity of being heard, pass such 
order thereon as he thinks fit. 
 
(7) Every order passed under sub-section (6) shall be final. 
 
12. (1) If any insect pest, plant disease or noxious weed app ears in any village 
adjoining a notified area, the village officers of such village shall forthwit h 
report the fact to the Collector or such other officer as the 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 inq uiry as he may de em necessary 
forward it to the State Government with his remarks thereon. 
 
Award of 
Assessor; 
Appeal, 
Duty of certain 
village officers to 
report appearance of 
insect pest, plant 
disease or noxious 
weed. 
The Gujarat Agricultural Pests and Diseases Act, 1980 
 
1980 : Guj . 7 ] 
7 of 11 
13. (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 the 
locusts, the Collector or any officer appointed by him in this behalf may, with 
a view to facilitating preventive or remedial measures a gainst locusts, by 
proclamation published in the manner hereinafter specified :— 
 
(a) call upon all male persons not below the age of 18 and above the 
age of 60 years and residing in the notified area to render all possible 
assistance in carrying out prev entive or remedial measures and in the 
destruction of locusts : 
 
Provided that no person who, on account of physical infir mity 
is incapable of rendering assistance or who resides at a distance of 
more than eight kilometers from the place where his assist ance is 
required shall be called upon to render assistance under this clause; 
 
(b) require a1l 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,  by reason of old age, physical 
infirmity or any other reasonable cause, 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) o f sub-
section (1) shall, in consideration of such ser vice, be entitled to such payment 
as may be prescribed. 
 
(4) A proclamation under sub -section (1) shall be published by the beat of 
drum in the town or village and by affixing copy thereof in chawdi, chora 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 procla-
mation to the effect that the proclamation was duly published on a specified 
day, shall be conclusive evidence that th e require-ments of this section have 
been complied with and that the proclamation was published on such day. 
 
(5) A proclamation under sub -section (1) shall ceases to ope rate at the 
expiration of three months from the dare of its issue unless, before the 
expiration of the said period of three months, the State Government by public 
notice, extends it to a further period not exceeding three months. The 
provisions of sub -section (4) shall mutatis mutandis apply to the publication 
of such public notice, 
 
14. (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 preve ntive 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 is 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 XXX or rule 3 of Order XXX as the case may be, in 
the First Schedule of Code of Civil Procedure, 1908; 
Public to assist 
and to render 
service in carrying 
out preventive or 
remedial measures 
including 
destruction of 
locusts in case of 
locust menace. 
Power to 
requisition 
vehicles in case of 
locust menace. 
V of 1908. 
The Gujarat Agricultural Pests and Diseases Act, 1980 
 
1980 : Guj . 7 ] 
8 of 11 
 
(b) if it is an order aff ecting an individual owner other than a 
corporation or a firm, be served on the owner— 
 
(i) by personally delivering it to him, or 
 
(ii) by sending it to him 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 such 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 
subsection (1) compliance with the requiremen ts 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 loss 
caused to the owner by reason of re quisition 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 Govern ment may by 
general or spe cial 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: 
 
Provided further that the order determining the compensation made 
under this sub -section shall be se rved in the manner prov ided 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 su b-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 the date of service thereof no 
further liability for compensation or payment of any other kind shall accrue 
for requisitioning the vehicle: 
 
The Gujarat Agricultural Pests and Diseases Act, 1980 
 
1980 : Guj . 7 ] 
9 of 11 
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 requisitioning 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 ful l 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 be fore 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 ow ner 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 fro m 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 posse ssion relating to 
the vehicle as may be specified; 
 
(b) direct that the owne r or the person in possession of the vehicle 
shall not without his permission dispose it of 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 purpose 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 person or goods upon roads, whether 
propelled by mechanical power or not. 
 
15. (1) Every order passed under section 14 including any order determining 
compensation for requisitioning a vehicle shal l be appealable to the Collector 
it 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 thirty 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 and shall not be liable to 
be called in question in any Court. 
 
16. Without prejudice to any powers otherwise conferred by this Act, any person 
authorised in this behalf by the State Government 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 13 or section 14 sh ould be made or with a view to 
securing compliance with any order made thereunder. 
 
Appeal against 
order passed 
under section 14. 
Special powers 
of entry and 
inspection. 
The Gujarat Agricultural Pests and Diseases Act, 1980 
 
1980 : Guj . 7 ] 
10 of 11 
17. (1) Whoever acts in contravention of the directions contained in a notification 
issued under section 3 shall, on conviction, be punishable with fine which 
may extend to fifty rupees or in default to simple imprisonment for a period 
not exceeding ten days, and for the second or subsequent offence with fine 
which may extend to one hundred rupees or in default to simple imprison -
ment for a period not exceeding twenty days. 
 
(2) Whoever commits a breach of the provisions of any rule made under 
section 22 shall, on conviction, be punishable with fine which may extend to 
fifty rupees and for the second or subsequent offence with fine which may 
extend to one hundred rupees. 
 
(3) Whoever without reasonable excuse, fails to render in the manner required 
any assistance or service which he is required to render or to do anything or to 
abstain from doing any thing which he is required to do or to abstain from 
doing in pur suance of a proclamation under section 13, shall on conviction, 
be punishable with fine which may extend to fifty rupees and for the second 
or subsequent offence with fine which may extend to one hundred rupees 
 
(4) Whoever contravenes any order made under s ection 14 or does anything 
in contravention, of the provisions of the said section shall, on conviction, be 
punishable with fine which may extend to five hundred rupees and for the 
second or subsequent offence with fine which may extend to one thousand 
rupees. 
 
(5) Whoever voluntarily obstructs or offers any resistance to or impedes or 
otherwise interferes with— 
 
(a) any officer or person exercising any powers or performing any 
duties conferred or imposed on him by or in pursuance of the 
provisions of this Act or otherwise discharging any lawful functions 
in connection with preventive or remedial measures taken or to be 
taken against locusts under the provisions of this Act, or any 
proclamations, orders or directions made or given thereunder, or 
 
(b) any person who is carrying out the orders or directions of any such 
officer or person as aforesaid or who is otherwise acting in 
accordance with his duty in pursuance of this Act or any 
proclamations, orders or directions made or given thereunder, 
 
shall on convi ction, be punishable with imprisonment which may 
extend to three months or with fine which may extend to five hundred 
rupees or with both and for the second or subsequent offence with 
imprisonment which may extend to six months or with line which 
may extend to one thousand rupees or with both 
 
18. Offences under section 17 shall be tried in accordance with the provisions 
contained in sections 262 to 265 of the Code of Criminal Procedure, 1973. 
 
19. The State Government may, by notification in the Official Gazette appoint such 
persons as it deems fit to be Inspectors and Assessors for such local areas as may be 
specified in such notification. 
 
20. (1) No suit, prosecution or other legal proceeding shall lie against any person 
in respect of anything in good faith done or intended to be done under or in 
pursuance of this Act, or for any damage caused by any action take n in good 
faith in carrying out the provisions of this Act. 
 
(2) No prosecution under this Act shall be commenced without the previous 
sanction of the Collector, nor after six months from the date of the 
commission of the alleged offence. 
 
21. The State Government may, by order direct that any power (except the power to 
make rules under section 22) exercisable by it under this Act shall be exercisable by 
such officers subordinate to the State Government and subject to such conditions, i t 
any, as may be specified in the order. 
Penalty. 
2 of 1974 
Special procedure 
regarding trial of 
certain offences. 
Appointment of 
Inspectort and 
Assessors. 
Bar of suit or 
other legal 
proceedings. 
Delegation of 
power. 
The Gujarat Agricultural Pests and Diseases Act, 1980 
 
1980 : Guj . 7 ] 
11 of 11 
 
22. (1) The State Government may, by notification in the Official Gazette, make 
rules for carrying out the purposes of this Act. 
 
(2) In particular and without prejudice to the generality of the foregoing 
powers, such rules may be made to provide for all or any of the following 
matters, namely :- 
 
(i) the form and manner in which, and the time within which, notice 
under section 5 shall be given; 
 
(ii) the manner of making an inquiry under sub -section (7) of section 
11; 
 
(iii) payment to which persons referred to in sub-section (3) of section 
13 shall be entitled; 
 
(iv) the authority to which an appeal against an order passed by the 
Collector shall be made under sub-section (1) of section 15; 
 
(v) any other matter which is to be or may be prescribed, by rules 
under this Act, 
 
(3) The power to make rules conferred by this sec tion shall be subject to the 
condition of the rules being made after previous publication. 
 
(4) All rules made under this section shall be laid for not less than thirty days 
before the State Legislature as soon as possible after they are made and shall 
be subject to rescission by the State Legislature, or to such modification as 
the State Legislature may make, during the session in which they are so laid 
or the session immediately following. 
 
(5) Any rescission or modification so made by the State Legislatu re shall be 
published in the Official Gazette and shall thereupon take effect. 
 
23. (1) On the commencement or this Act,- 
 
(a) the Bombay Agricultural Pests and Diseases Act, 1947, and 
 
(b) the Gujarat Agricultural Pests and Diseases Ordinance, 1980, 
shall stand repealed : 
 
Provided that anything done or any action taken under the provisions 
of the Act so repealed shall, so far as it is not inconsistent with the provisions 
of this Act continue in force and be deemed 10 have been done or taken under 
the corresponding provisions of this Act unless and until it is superseded by 
any-thing done or any action taken under the provisions of this Act. 
 
(2) Notwithstanding the repeal of the said Ordinance,  any-thing done or any 
action taken under the said Ordinance shall be deemed to have been done or 
taken under the corresponding provision of this Act. 
 
 
 
---------------------------- 
 
 
 
                                                           
1 For Statement of Objects and Reasons, See Gujarat Govern ment Gazette, 
Extraordinary, Part -V, dated the 18th June, 1980, pp. 7 -13 to 7 - 1 4 . 
 This Act was assented     to by the    President on the    30th  July, 1980.  
Power to make 
rules. 
Repeal and 
savings. 
Bom XLIII of 
1947. 
Guj. Ord 5 of 1980 

‹ Prev All Gujarat acts Next ›