LexThe Himachal Pradesh Agricultural Pests, Diseases and Noxious Weeds Act, 1969
Himachal Pradesh · state statute
Open in Lexace · Ask the AI about this actTHE HIMACHAL PRADESH AGRICULTURAL PESTS, DISEASES
AND NOXIOUS WEEDS ACT, 1969
ARRANGEMENT OF SECTIONS
Sections:
PART I
PRELIMINARY
1. Short title and extent.
2. Definitions.
PART II
INSECTS, PESTS, PLANT DISEASES AND NOXIOUS WEEDS
3. Power to declare insect, vertebrate or invertebr ate animal, plant
disease and noxious weed and direct measures to era dicate or
prevent them.
4. Duties of occupier on the issue of a notificati on under section 3.
5. Power of Inspector to enter upon any land or pr emises.
6. Notice to occupier to carry out preventive or r emedial
measures.
7. Failure to comply with notice under section 6 a nd power of
Inspector to carry out measures.
8. Duty of certain village officers to report appea rance of pests,
plant diseases or noxious weeds.
9. Offences and penalties.
PART III
GENERAL
10. Appointment of Inspectors.
11. Bar of suits or other legal proceedings.
12. Delegation of powers.
13. Rules.
14. Repeal and savings.
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THE HIMACHAL PRADESH AGRICULTURAL, PESTS, DISEASES
AND NOXIOUS WEEDS ACT, 1969
(ACT No. 18 OF 1969)
1
(Received the assent of the President of India on t he 21 st May, 1969,
and was published in R.H.P., dated the 5 th July, 1969 at pages 240-241).
1. For Statement of Objects and Reasons see R.H.P. Extra., dated the 28 th
November, 1968, p. 1153. For the Authoritative Hind i Text see R.H.P. Extra.,
dated 12-12-1986. P. 2239.
2 H. P. AGRICULTURAL PESTS, DISEASES AND NOXIOUS WE EDS ACT, 1969
An Act to provide for the prevention of the introdu ction, spread or
reappearance of pests, plant diseases and noxious weeds injurious
to crops, plants or trees in the 1[State of Himachal Pradesh]
Amended, repealed or otherwise affected by ,-
A.O. 1973, published in R.H.P. Extra., dated the 2 0 th January,
1973 at pages 91-112.
BE it enacted by the Legislative Assembly of Himachal Pradesh in the
Nineteenth Year of the Republic of India as follows:-
PART I
PRELIMINARY
1. Short title and extent .- (1) This Act may be called the Himachal
Pradesh Agricultural Pests, Diseases and Noxious Weeds Act, 1969.
(2) It extends to the whole of the [State of Himachal Pradesh] 2
2. Definitions .- In this Act, unless there is anything repugnant in the
subject or context ,-
(1) "Pest" means any insect, vertebrate or inverteb rate animal
declared to be pest by notification under section 3;
(2) "inspector" means an inspector appointed under section 10;
(3) "notified area" means any area specified in th e notification
issued under section 3 in which a declaration made under the
said section shall remain in force;
(4) "noxious weed" means any weed declared to be n oxious weed
by notification under section 3;
(5) "occupier" means the person having for the tim e being the right
of occupation of any land or premises or his authorised agent or
any person in actual occupation of the land or prem ises and
includes a local authority having such right of occ upation or in
such actual occupation;
6) "plant" includes all agricultural or horticultu ral crops, trees,
bushes or herbs or the seeds, fruit or any other pa rt thereof
which is used for food of man or beast or for any p urpose in
connection with art or manufacture;
(7) "plant disease" means any fungoid, bacterial vi rus, parasitical or
other disease declared to be a plant disease by not ification
under section 3;
1. Subs. for "Union territory of Himachal Pradesh" by A. O. 1973.
2. Subs. for "Union territory of Himachal Pradesh" by A. O. 1973.
H. P. AGRICULTURAL PESTS, DISEASES AND NOXIOUS WEEDS ACT, 1969 3
(8) "prescribed" means prescribed by rules made un der this Act;
(9) "State" means the 1[State of Himachal Pradesh];
(10) "State Government" means the Government of Hi machal
Pradesh.
PART II
PESTS, PLANT DISEASES AND NOXIOUS WEEDS
3. Power to declare insect, vertebrate or invertebr ate animal,
plant disease and noxious weed and direct measures to eradicate or
prevent them .- Whenever it appears to the State Government that any insect,
vertebrate or invertebrate animal, disease or weed is injurious to plants in any
local area and that it is necessary to take measure s to eradicate such insect,
Vertebrate or invertebrate animal disease or weed, or to prevent its
introduction, spread or reappearance, the State Gov ernment may, by
notification in the Official Gazette,-
(i) declare such insect, vertebrate or invertebrate animal to be pest
or such disease or weed to be a plant disease or no xious weed,
respectively;
(ii) specify the local area within which and the p eriod during which
such declaration shall remain in force;
(iii) prohibit or restrict the movement or removal of any plant, earth,
soil, manure or other thing from one place to another;
(iv) direct the carrying out of such preventive or remedial measures,
including the destruction of any pest, plant diseas e or noxious
weed or any plants as the State Government may deem
necessary, in order to eradicate such pest, disease or weed or to
prevent its introduction, spread or reappearance; and
(v) prescribe the period within which it shall not be lawful to plant
with a specified crop the whole or any portion of t he notified
area.
4. Duties of occupier on the issue of a notificatio n under section
3.- (1) On the issue of a notification under section 3, every occupier within the
notified area shall be bound to carry out the preve ntive or remedial measures
mentioned in such notification.
(2) Notwithstanding anything contained in this Act, in the event of
any area being invaded, or in danger of an invasion , by locusts, the Collector
of the district or other officer authorised by him in this behalf may call upon
any male person not below the age of 14 years resident in the district to render
1. Subs. for "Union territory of Himachal Pradesh" by A. O. 1973.
4 H. P. AGRICULTURAL PESTS, DISEASES AND NOXIOUS WE EDS ACT, 1969
all possible assistance in carrying out preventive or remedial measures and in
the destruction of locusts:
Provided as follows: -
(i) no person who is by virtue of old age or any ph ysical disability
incapable of rendering assistance or who lives at a distance of
more than five miles from the place where his pres ence is
required, shall be called upon to render any such assistance ;
(ii) it shall not be necessary to notify every per son individually for
his services, and a proclamation by beat of drum o r other
customary mode in the village or locality shall be deemed
sufficient notice to all affected persons residing in that village
or locality.
(3) Any person who fails to render the assistance r equired of him
under sub-section (2) shall, on conviction by a Mag istrate, be punishable with
fine which may extend to fifty rupees or in default to simple imprisonment for
a period not exceeding ten days, and the offence sh all be tried summarily as
provided in section 260 of the Code of Criminal Procedure, 1898 (5 of 1898).
5. Power of Inspector to enter upon any land or pre mises .- Any
Inspector may, after giving the prescribed notice, enter upon any land or
premises situated in the notified area within his l ocal jurisdiction for the
purpose of ascertaining:-
(i) whether there is any pest, plant disease or no xious weed on
such land or premises; and
(ii) whether the preventive or remedial measures o r both as the
case may require, mentioned in the notification iss ued under
section 3 have been carried out.
6. Notice to occupier to carry out preventive or re medial
measures .- (1) If, on the inspection of any land or premise s under section 5,
the Inspector finds that there is any pest, plant d isease or noxious weed on
such land or premises and that the preventive or remedial measures mentioned
in the notification issued under section 3 have not been carried out the
Inspector may, subject to any general or special or ders of the State
Government, call upon the occupier of such land or premises, by notice in
writing, to carry out such preventive or remedial m easures within the time
specified in such notice.
(2) Within seven days from the date of the service upon him of the
notice under sub-section (1), the occupier may pref er an appeal to the
Collector or to such other officer as the State Government may appoint.
(3) On receipt of the appeal under sub-section (2), the Collector or
other officer, as the case may be, may extend the t ime specified in the notice
H. P. AGRICULTURAL PESTS, DISEASES AND NOXIOUS WEEDS ACT, 1969 5
under sub-section (1) and shall, after giving the o ccupier an opportunity of
being heard, pass such order on the appeal as he thinks fit.
(4) An order passed under sub-section (3) of this section shall be final
and conclusive and shall not be liable to be called in question in any court.
7. Failure to comply with notice under section 6 an d power of
Inspector to carry out measures .- (1) If an occupier, upon whom a notice
has been served under sub-section (1) of section 6, does not comply with such
notice within the time specified therein, or if an appeal has been preferred
under sub-section (2) of section 6, does not comply with the order passed on
such appeal within the time specified in such order , the Inspector may carry
out at the expense of the occupier the preventive o r remedial measures
mentioned in such notice or order.
(2) The costs of any preventive or remedial measure s carried out
under sub-section (1) shall be payable by the occup ier and shall be
recoverable from him as an arrear of land revenue.
(3) Any such occupier may, within thirty days from the date of the
first demand of such costs from him, prefer an appe al to the Collector or to
such other officer as the State Government may appo int 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.
(4). On receipt of the appeal under sub-section (3) , the Collector or
other officer appointed by the State Government sha ll, after giving the
occupier an opportunity of being heard, pass such o rder thereon as he thinks
fit.
(5). An order passed under sub-section (4) shall be final and
conclusive and shall not be liable to be called in question in any court.
8. Duty of certain village officers to report appea rance of pest,
plant disease or noxious weed .- (1) If any pest, plant disease or noxious
weed appears in any village adjoining a notified area, the patwari or lambardar
of such village shall forthwith report the fact to such officer as the State
Government may appoint in this behalf.
(2) The officer aforesaid shall on receipt of such report and after -
making such further inquiry as he may deem necessary, forward it to the State
Government through the Director of Agriculture with his remarks thereon.
9. Offences and penalties .- (I) Whoever removes any plant, earth,
soil, manure or other thing in contravention of the directions contained in a
notification issued under section 3 shall, on convi ction by a Magistrate, be
6 H. P. AGRICULTURAL PESTS, DISEASES AND NOXIOUS WE EDS ACT, 1969
punishable with fine which may extend to rupees fif ty or in default to simple
imprisonment for a period not exceeding ten days.
(2) Any occupier who fails to comply with a notice given under sub-
section (1) of section 6 or with any order passed o n appeal under sub-section
(3) of section 6 shall, on conviction by a Magistra te, be punishable with fine
which may extend to rupees fifty or in default to s imple imprisonment for a
period not exceeding ten days.
(3) Whoever having once been convicted of an offenc e under sub-
section (1) or (2) of this section is again convict ed of an offence under either
of these sub-sections shall be punishable with fine which may extend to
rupees two hundred and fifty or in default to simpl e imprisonment not
exceeding one month.
PART III
GENERAL
10. Appointment of Inspectors .-The State Government may, by
notification in the Official Gazette, appoint perso ns as Inspectors for such
local areas as may be specified in the notification.
11. Bar of suits or other legal proceedings .- (1) No suit, prosecution
or legal proceedings shall lie against the State Go vernment or any officer of
the State Government in respect of anything in good faith done or intended to
be done under this Act or for any damage to propert y caused by any action
taken in good faith in carrying out the provisions of this Act.
(2) No prosecution under this Act shall be commence d without the
previous sanction of the Collector or other officer authorised by the State
Government in this behalf nor after three months fr om the date of the
commission of the alleged offence.
12. Delegation of powers .- The powers conferred on the State
Government under this Act, may, with the exception of the powers under
section 13, be delegated 1 by the State Government to any officer.
13. Rules .- (1) The State Government may, from time to time, make
rules 2 for the purpose of carrying into effect the provisions of this Act.
(2) In particular and without prejudice to the gene rality of the
foregoing provision, such rules may be made for all or any of the following
purposes: -
(a) the form or manner of giving notice under sect ion 5;
(b) the manner of making an inquiry under section 5;
1. See Not. No. 6-17/69-Agr. (Sectt.) II dated 28th Sept., 1976.
2. Rules made vide Not. No. 6-17/69-Agr. (Sectt.) d ated 19-6-71.
H. P. AGRICULTURAL PESTS, DISEASES AND NOXIOUS WEEDS ACT, 1969 7
(c) the method of publication of description of pe sts, plant diseases,
noxious weeds and the treatment to be followed;
(d) the qualifications required of the Inspectors;
(e) prescribing the officer to whom an appeal may b e made and
procedure to be followed in such appeal;
(f) prescribing the notices and methods of service s thereof and
registers needed for the effective working of the Act; and
(g) generally to carry out the purposes of this Ac t.
(3) The rules made under this section shall be subj ect to the condition
of being made after previous publication.
(4) The rules under this Act, shall, as soon as may be after they are
made, be laid before the Legislative Assembly.
14. Repeal and savings .-The East Punjab Agricultural Pests,
Diseases and Noxious Weeds Act, 1949(4 of 1949) as in force in Himachal
Pradesh is hereby repealed:
Provided that anything done or any action taken und er the said Act
shall, in so far as it is not inconsistent with the provisions of this Act, be
deemed to have been done or taken under the corresp onding provision of this
Act.
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