The JAMMU AND KASHMIR PLANT DISEASES AND PESTS ACT, 1973

PLANT DISEASES AND PESTS
ACT, 1973
(Act No. XIV of 1973)
PLANT DISEASES AND PESTS ACT, 1973 3
THE JAMMU AND KASHMIR PLANT DISEASES AND PESTS
ACT, 1973
(Act No. XIV of 1973)
CONTENTS
SECTION. SECTION.
1. Short title and extent.
2. Definitions.
3. Power to declare plant diseases, pests, parasites and noxious weeds.
4. Power to issue directions.
5. Duties of occupier on the issue of notice under section 4.
6. Power of inspecting officer to enter upon any land or premises.
7. Power to carry out measures.
8. Power to carry out measures in emergent situations.
9. Appeal.
10. Contravention of directions issued.
11. Cognizance of offences.
12. Obligation of village officers to report plant diseases, pests, etc.
13. Appointment of inspecting officers.
14. Bar to suits or other legal proceedings.
15. Delegation of powers.
16. Power to make rules.
17. Repeal and savings.
–––––––
PLANT DISEASES AND PESTS ACT, 1973 5
THE JAMMU AND KASHMIR PLANT DISEASES AND
PESTS ACT, 1973
(Act No. XIV of 1973)
[Received the assent of the Governor on 27th April, 1973 and published in
Government Gazette dated 30th April, 1973.]
An Act to prevent the introduction, spread or reappearance of plant
diseases, pests, parasites and noxious weeds.
Whereas it is expedient to make provision for preventing the introduction,
spread or reappearance of plant diseases, pests, parasites and noxious weeds which
are or may be destructive to plants or are likely to contaminate water supply or are
obstructive to water ways in the 
1
[Union territory of Jammu and Kashmir], and for
matters connected therewith.
Be it enacted by the Jammu and Kashmir State Legislature in the Twenty-
fourth Year of the Republic of India as follows :—
1. Short title and extent. ––(1) This Act may be called the Jammu and Kashmir
Plant Diseases and Pests Act, 1973.
(2) It extends to the 
2
[whole of the Union territory of Jammu and Kashmir].
2. Definitions.–– In this Act, unless the context otherwise requires,––
(a) “affected area” means any area declared as such under section 3 ;
(b) “District Magistrate” includes any Gazetted Officer of the Government
authorised by the District Magistrate to perform all or any of the func-
tions of the District Magistrate under this Act ;
(c) “Inspecting Officer” means any Inspecting Officer appointed under
section 13 ;
(d) “noxious weed” means any weed declared as such under section 3 ;
(e) “parasite” means any plant or animal carrying on its existence wholly
or in part on any agricultural crop, plant, tree, bush or herb and de-
clared to be a parasite under section 3 ;
1. Substituted by S.O. 1229(E) dated 31.03.2020 for “State”.
2. Substituted ibid for “whole of the State of Jammu and Kashmir”.
6 PLANT DISEASES AND PESTS ACT, 1973
(f) “occupier” means the person having for the time being the right of
occupation of any land, water or premises, or his authorised agent or
any person in actual occupation of the land, water or premises ;
(g) “pest” means any insect, invertebrate animal (including any other
animal organism and declared to be a pest under section 3) ;
(h) “plant” includes all horticultural or agricultural crops, trees, bushes or
herbs and also includes the seed, fruit, leaves, trunk, roots, bark or
cutting or part thereof ;
(i) “plant disease” means any fungoid, bacterial, virus, vegetable organism,
parasitical or other disease, declared to be a plant disease under section
3 ; and
(j) “prescribed” means prescribed by rules made under this Act.
3. Power to declare plant diseases, pests, parasites and noxious weeds.––
Where it appears to the Government that any disease, pest, parasite or weed in
any area is injurious to plants, or is likely to contaminate water supply or is
obstructive to waterways, and that it is necessary to take measures to eradicate
such disease, pest, parasite or weed, or to prevent its introduction, spread or
reappearance, the Government may, by notification in the *[Government Gazette],
declare the area to be an affected area for such period as may be specified, and
with reference to such area also—
(a) declare that such disease, pest, parasite or weed is a plant disease,
pest, parasite or noxious weed ;
(b) prohibit or restrict the movement or removal of any plant, soil or
manure from one place to another ;
(c) prohibit the plantation or growing of any plant which is likely to be
injurious to other plants ; and
(d) direct that such other preventive or remedial measure shall be carried
out as the District Magistrate may consider necessary to eradicate,
destroy or prevent the introduction, spread or reappearance of any
plant disease, pest, parasite or noxious weed.
4. Power to issue directions. ––(1) On or after the issue of a notification
under section 3, the District Magistrate may, by notice,—
* Now Official Gazette.
PLANT DISEASES AND PESTS ACT, 1973 7
(i) direct every occupier within the affected area to carry out such preven-
tive or remedial measures (including the removal or destruction of plants
which are infested or likely to be infested) as the District Magistrate may
specify in the notice, to eradicate, destroy or prevent the introduction,
spread or reappearance of any plant disease, pest, parasite or noxious
weeds ;
(ii) call upon any male person, not being below the age of eighteen years and
residing within the said area, to render such assistance as may be specified
in the notice, in carrying out the measures referred to in clause (i) :
Provided that—
(a) no person who is not an occupier shall be called upon to render
whole-time service for a period exceeding seven days at a time and
there shall be an interval of not less than ninety days before any such
person is called upon to render whole time service after having al-
ready rendered such service ; and
(b) no person who is, by reason of old age, disability or any other
reasonable cause, physically incapable of rendering assistance or
who lives at a distance of more than 8 kilometres from the place
where his presence is required for the purpose of rendering assis-
tance, shall be called upon to render such assistance; and
(iii) specify the area within which and the period during which the measures
referred to in clause (i) are to be carried out.
(2) It shall be not necessary to notify every occupier under clause (i) of sub-
section (1) or every other person whose assistance is required under clause (ii) of
the said sub-section, and a proclamation in this behalf made by beat of drum or
other customary mode in the area, village or locality shall be deemed sufficient
notice to all affected persons residing in that area, village or locality.
5. Duties of occupier on the issue of notice under section 4.–– On the issue
of a notice under section 4,—
(i) it shall be the duty of every occupier within the affected area to carry
out the preventive or remedial measures specified in such notice ; and
(ii) it shall be duty of every male person to render assistance in such
manner as has been specified in the notice.
6. Power of Inspecting Officer to enter upon any land or premises.–– Any
Inspecting Officer may, after giving reasonable notice to the occupier, enter upon any
8 PLANT DISEASES AND PESTS ACT, 1973
land, water or premises situated in the affected area for the purpose of ascertaining—
(i) whether there is any plant disease, pest, parasite or noxious weed on
such land, water or premises ;
(ii) whether any prohibition or restriction imposed under clause (b) or
clause (c) of section 3 has been complied with ;
(iii) whether other preventive or remedial measures specified in clause (i) of
sub-section (1) of section 4 have been carried out.
7. Power to carry out measures. ––(1) If on inspection of any land, water or
premises, an Inspecting Officer finds that any prohibition or restriction imposed
under clause (b) or clause (c) of section 3 has not been complied with or that the
preventive or remedial measures specified under clause (i) of sub-section (1) of
section 4 have not been carried out as directed, he may, subject to any general or
special order of the District Magistrate and without prejudice to any action that
may be taken against the defaulter under section (1), carry out the preventive or
remedial measures (including the removal or destruction of plants which are
infested or are likely to be infested) imposed under clause (b) or clause (c) of
section 3 or specified in the notice under clause (i) of sub-section (1) of section 4, as
the case may be.
(2) The cost of any preventive or remedial measures carried out under sub-
section (1) shall be payable by the occupier and shall on demand be recoverable
from him as arrears of land revenue.
8. Power to carry out measures in emergent situations. ––(1) Notwithstanding
anything contained in sections 3, 4, 5, 6 and 7, if the Government is satisfied that
plants in any affected area are in danger of being damaged or destroyed by any
plant disease, pest, parasite or noxious weed prevalent in that area and that it is
necessary to take immediate preventive or remedial measures, it may by notification
in the *[Government Gazette],—
(a) declare that it shall be competent for the District Magistrate or any
Inspecting Officer to carry out such preventive or remedial measures in
the affected area or any part thereof or to take such other steps (includ-
ing the removal or destruction of plants which are infested or likely to
be infested) as he may deem fit ;
(b) direct that every occupier in respect of whose land such preventive
or remedial measures or other steps have been taken shall be liable to
pay the cost thereof at such rate and within such time as the District
* Now Official Gazette.
PLANT DISEASES AND PESTS ACT, 1973 9
Magistrate may, by order from time to time, determine having regard
to the following, namely :—
(i) the charges to be incurred for labour, material or use of equip-
ment ; and
(ii) any other charges to be incurred for the purposes aforesaid.
(2) Subject to any general or special order of the Government any Inspecting
Officer may upon the issue of a notification under sub-section (1), enter upon any
land or premises within the affected area and carry out such preventive or remedial
measures or take such other steps referred to in clause (a) of sub-section (1), as he
may deem fit.
(3) The Inspecting Officer shall, by order in writing, assess the amount
payable by an occupier in respect of the preventive or remedial measures or other
steps taken under sub-section (2).
(4) If the occupier fails to pay the amount so assessed within time fixed under
clause (b) of sub-section (1), the amount shall be recoverable from him as arrears of
land revenue.
9. Appeal. ––(1) Any occupier aggrieved by an order made under sub-
section (2) of section 7 may, within thirty days from the date of service of the
order, prefer an appeal to the District Magistrate or such other authority as the
Government may specify in that behalf on the ground that the charges for labour,
material or use of implements are unreasonably high.
(2) Any occupier aggrieved by an order made under sub-section (3), of
section 8 may, within thirty days from the date of service of the order, prefer an
appeal to the District Magistrate or such other authority as the Government may
specify in that behalf on the ground,—
(i) that the assessment of the amount payable has not been made in
accordance with the rates fixed by the District Magistrate ;
(ii) that the amount assessed includes charges other than the items
mentioned in sub-clauses (i) and (ii) of clause (b) of sub-section (1) of
section 8 ; or
(iii) that the charges for labour, material or use of equipment are unreasonably
high.
(3) On receipt of an appeal under sub-section (1) or sub-section (2), the
District Magistrate or other authority as the case may be, shall, after making such
10 PLANT DISEASES AND PESTS ACT, 1973
enquiry as he may deem fit, and giving the occupier an opportunity of being heard,
pass such order thereon as he may deem fit.
(4) Every order passed under sub-section (3) shall be final and shall not be
called in question in any court of law.
10. Contravention of direction issued. ––(1) If a person—
(i) acts in contravention of the prohibition or restriction contained in any
notification issued under section 3, or
(ii) acts in contravention of the direction contained in a notice issued under
sub-section (1) of section 4 or fails to render assistance having been
called upon to do so by notice issued under the said sub-section, or
(iii) acts in contravention of the declaration or direction contained in any
notification issued under sub-section (1) of section 8, or
(iv) obstructs the entry of any person referred to in section 6 or sub-
section (2) of section 8, or
(v) obstructs the carrying out of the preventive or remedial measures
under sub-section (1) of section 7 or sub-section (2) of section 8 ;
shall be deemed to have committed an offence under this Act.
(2) Any person convicted by a Magistrate of an offence specified in sub-
section (1) shall be liable to fine not exceeding 
1
[two hundred and fifty rupees] or in
default to simple imprisonment for a period not exceeding ten days.
(3) If any person convicted of an offence specified under sub-section (1)
commits a like offence afterwards, he shall on conviction be punishable with fine
not exceeding 
2
[five hundred rupees] or in default to simple imprisonment for a term
not exceeding one month.
(4) If a person has been convicted under this section for a contravention of
the prohibition or restriction contained in the notification issued under section 3,
the plant or soil or manure, in respect of which such contravention has been com-
mitted, may also be forfeited to the Government.
11.Cognizance of offences.–– No Magistrate shall take cognizance of an
offence under this Act except upon a complaint made by an Inspecting Officer.
1. Substituted by Act II of 1976, s. 2.
2. Substituted ibid.
PLANT DISEASES AND PESTS ACT, 197311
12. Obligation of village officers to report plant diseases, pests, etc.–– All village
officers and such other officers, as may be prescribed, of the village adjoining an
affected area, shall forthwith report the existence within the village of any plant disease,
pests, parasite or noxious weed of the nature specified in the notification issued under
section 3 in respect of the said area, to the District Magistrate who shall, after making
such enquiry as he may deem fit, make a further report to the Government.
13. Appointment of Inspecting Officers.–– The Government may, by notification
in the Government Gazette, appoint Inspecting Officers for such local areas as may
be specified in the notification.
14. Bar to suits or other legal proceedings.–– No suit, prosecution or other
legal proceedings shall lie against the Government or any other officer in respect of
anything done or intended to be done in good faith under this Act or for any damage
caused by any action taken in good faith in carrying out the provisions of this Act.
15. Delegation of powers.–– The Government may, by notification in the
*[Government Gazette], delegate to any officer or authority all or any of the powers
conferred on it under this Act to be exercised subject to such restrictions and
conditions as may be specified in the notification.
16. Power to make rules.––(1) The Government may, after previous publication,
make rules for carrying out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing
power, such rules may provide for all or any of the following matters namely:—
(a) the manner in which any notice or order issued or made under this Act
is to be served or the conditions under which every such notice or
order shall be deemed to have been served ;
(b) the form in which an appeal under sub-section (1) or sub-section (2) of
section 9 shall be filed ;
(c) the class of officers who are bound to make a report as required under
section 12 ; and
(d) all other matters expressly required or allowed by this Act to be
prescribed.
(3) Rules made under this Act may provide that a contravention of any such
rule shall be punishable with fine which may extend to fifty rupees.
* Now Official Gazette.
12 PLANT DISEASES AND PESTS ACT, 1973
(4) Every rule made by the Government under this Act shall be laid, as soon as
may be, after it is made, before 
1
[Legislative Assembly of the Union territory of
Jammu and Kashmir] while it is in session and if, before the expiry of  the session in
which it is so laid 
2
[both Houses] agree in making any modification in the rule or2
[both Houses] agree that the rule should not be made, the rule shall thereafter have
effect only in such modified form or be of no effect, as the case may be ; so,
however, that any such modification or annulment shall be without prejudice to the
validity of anything previously done under that rule.
17. Repeal and savings. ––(1) The Plant and Crop Protection Act, 1990 (I of
1990) is hereby repaeled.
(2) Notwithstanding such repeal, anything done or any action taken under
any of the provisions of law so repealed under sub-section (1) shall be deemed to
have been done, or taken under this Act.
———
1. Substituted by S.O. 1229(E) dated 31.03.2020 for “each House of the State Legislature”.
2. Now the Legislative Assembly of the Union territory of Jammu and Kashmir.

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