The Kerala Agricultural Pests and Diseases Act, 1958 (No. 17 of 1958)

• 
• 
• 
57 
THE KERALA AGRICULTURAL PESTS AND 
DISEASES ACT, 1958 
(17 of 1958) 
CONTENTS. 
Sections • 
PART I 
I. Short title, extent and commencement 
2. InterpretatiOn. 
PART II 
• 3. Notification by the Government of &rea..s affected by insect 
pests, plant diseases or noxious weeds. 
4. Liab1hiy on the occupiel'3. 
5. Right of entry. 
6. Procedure'where measures prescribed to eradicate insect pests 
include removal or destruction of plants. 
7. lnspectmg officer may serve a notice on occupier to take 
remedial or preventive action. 
8. Occupier failing to comply with the notice served on him 
commits an offence. 
9. Preventive or remedial measures m emergent cases. 
10. Recovery from the occup1er of the cost of preventive or 
remed1al measure..<~ earned out by the inspecting officer. 
11. DestructiOn of trees or plants m execution of remedial or 
preventive measures and compensatiOn therefor. 
12. Claims for compensation how and when to be made. 
13. Award of compensation. 
14. Appeal a.gamst award. 
15. Obhgation of village officers to report on insect pests, plant 
diseases or noxious weeds. 
16. Pumshment for offence under section 6 or section 8 . 
17. Contravenmg notlfication under sectiOn 3 (1) {b) to be an 
offence and punishment therefor. 
18. Compensation for trees and plants des1.royed by occupier . 
19. CompensatiOn not payabl~ for noxious'" ccdH destroyed. 
20. Institution of prosecutions or other legal proceedmgs under the 
Act. 
21. Appointment of inspectmg officers. 
22. Delegation of powers. 
23. Power to make rules. 
24. Rules to be laid before the Legislative Assembly. 
25. Repeal. 
58 
ACT 17 OF 1958 
THE KERALA AGRICULTURAL PESTS AND 
DISEASES ACT, 1958 
An· 
ACT 
to make provision for preventing tht spread of insect pests, plant diseases 
and noxious weeds withm the State of Kerala 
Preamble.-WHEREAS it is expedient to take measures to prevent 
the spread of insect pests, plant diseases and noxious weeds injurious to 
health or to crops, plants, trees or watersupply or obstructive to water­
ways within the State of Kerala; 
Be it enacted in the Nmth Year of the Republic of India as follows:-
PART I 
PRELIMINARY 
I. Short title, extent and commencement.-( I) This Act 11!3Y be 
-called the Kerala AgriCultural Pest<> and Diseases Act, 19::>8. 
(2) It extends to the whole of the State of Kerala. 
(3) It shall come into force at once. 
2. Interpretatwn.-In this Act, unless the context otherwise 
requires,-
(a) "insect pest" means any msect or other invertebrate animal 
which has been declared by notification under section 3 or section 9 of 
this Act to be an insect pest, 
(b) "plant disease" means any fungoid, bactenal, parasitical or 
other disease which has been declared by notification under section 3 or 
section 9 of this Act to be a plant disease; 
(c) "noxious weed" means any weed which has been declared by 
notification under sectiOn 3 of this Act to be a noxiOus weed, 
(d) "plant" includes the fruit, leaves. bark, cuttings or any 
Jiving portion of a plant but does not include the seed unless the seed 
has been specially included m the defimtiOn of plant by the Govern­
ment by notification, 
r 
(e) "occupier" means the person having for the time bemg the 
right of occupation of any land, premises, or water or his authorised 
agent or any person in actual occupation of the land, premises or water, 
and includes a local authortty and a company havmg such 1·ight o 
occupation or in such actual occupation; 
Publi1besd in the Gozette Extraordinary date.i 26th March 1958 
• 
• 
.. 
• 
• 
59 
{f) "notified area" means the area covered by a notification 
published under section 3 or section 9; 
(g) "Director of Agriculture" means an officer appointed by 
the Government to be the Director of Agriculture and includes every 
person who for the time being performs the duties of the office; 
{h) "prescribed" means prescnbed by notification or rules mad() 
under this Act. 
PART ll 
OF INSECT PESTS, PLANT DISEASES AND NOXIOUS WEEDS 
3. Notification by the Government of areas affected by insect pests, 
plant diseases 01· noxious weeds.-(1) If the Government consider that 
any pest, diseaRe or weed in any local area is dangerous to health or is 
injunous io crops, plants, trees or water-supply or is obstructive to 
water-ways and that It is necessary to take measures to eradwate it or 
to prevent its introductiOn or re-appearance, they may, by notification 
in the Gazette, 
(o) declare that such pest, disease or weed il! an insect pest, a 
plant disease or a noxious weed; 
(b) prohibit or restrict the removal of any plant from one place 
to another or pcescribe such other preventive or remedial measures as 
may be necessary in respect of such pest, disease or weed, and 
(c) define the local area within whiCh and the period during 
which such notification shall be m force. 
(2) Where the preventive or remedial measures prescribed in 
subsection (I) include the removal or destruction of any plant in order 
to eradicate or prevent the mtroductwn or re-appearanoe of any insect 
pest, such notification shall, prior to the date on which the notification 
shall come mto force, be proclaimed in the local area dt-fined in the 
notification in such manner as may be prescribed; 
4. Liabtlity on the occupiers.-On the issue of a notification under 
sectiOn 3, every occupier '"ithm the notified area shall be bound to carry 
out the remedial and preventive measures prescnbcd m such notificatiOn. 
Explanation.-For the pm pose only of this section, the GO\·ernment 
shall be deemed to be the Of'CUpier m the case of all lands whwh are 
the property of Government Withm the meaning of sectwn 3, subsectiOn 
(1), of the Kerala Land Conservancy Act 1957. 
5. Rtglft of entry.-Any officer appomted !J.nder sectiOn 21 may 
enter on any land or water within the notified area and take such action 
as may be necessary in order to ascertam-
60 
(a) whether any insect pest, plant disease or noxious weed is 
there present; and 
(b) whether the prescribed remedial or preventive measures or 
both, as the case may require have been taken. 
6. Procedure where meaYures prescribed to eradica~e inYect pests 
in dude removal or destrucl.ion of plants.- Where the remedial or preventive 
measures prescribed by a notification under section 3 mclude the removal 
or destruction of any plant in order to eradiCate or prevent the introduc­
tion or re-appearance of any insect pest, any occupier who falls to 
•remove such plant on or before the date speCified m the notificatiOn 
shall be deemed to have committed an offence under th1s Act and the 
removal or destruction of such plant may be earned out by the mspect­
ing officer or under his supervision. 
7. Inspecting officer may serve a notice on occupier io take remedial 
or preventive action.-(1) If any mspectmg officer appomted under 
section 21 finds that any prescnbed m section 6 have not bee~ properly 
carried out, be may, subject to such rules as the C':r0vernment may 
prescribe under sectwn 23, clause (e), call upon the occupier by notice 
in writmg to carry out the prescnbed remedial or preventive measures 
within a time to be specified m such notice. 
(2) The occupier may, withm seven days of the servic:e upon 
him of such notice, prefer an appeal to the prescnbed officer • who may 
make such an order as he thmks.fit. The deciswn on such appeal shall 
be final. 
(3) The officer receivmg the appeal may extend the time 
specified in the notice under sub-section (l). 
8. Occupier Ja~lmg to comply with the notice served on him commits 
an offence.-If any occupier upon whom notice has been serve-d under 
section 7 fails to comply with the notice w1thin the t1me specified by 
the inspecting officer, or, in cases where an appeal has been preferred, 
by the prescnbcd officer on appeal, he shall be deemed to have ~com­
mitted an offence under this Act and the prescr1bed remed1al or preven­
tive measures may be carried out by the msp3ctmg officer or under 
his superviswn. ' 
9. Prevenetive or remedial masures in emergent cases.- (1) Not­
withstandmg anything contamed in sections 3 to 8, If the Government 
are satisfied that any pest or d1sease injurwus to crops, plants or trees 
is prevalent in any local area and that immediate preventive or remed1al 
measures have to be taken, they may, by notifiCJ.tion in the Gazette,-
• 
• 
• 
l 
61 
(a) declare that such pest or disease is an insect pest or plant. 
disease; 
(b) prescribe such preventive or remedial measures as may be 
necessary in respect of such pest or disease; 
(c) proh1bit or restriCt the removal of any plant from one place 
to another, 
(d) define the local area within whwh, and the period durmg 
whieh, such, notification shall be in force, and 
(e) declare that it shall be competent to the Government to 
cause the prescnbed preventive or r~medial measuros to be earned out 
in the notified area. 
(2) Upon the issue of a notification und.er subsection (I) it shaH 
·be competent to the inspectmg officer app:lmtcd under sectiOn 21 to 
enter on any land or water withm the notified area and carry out the 
prescnbed preventive or remedial measures or cause such measures to be 
earned out under his supervision. 
(3) Where any preventive or remed1al measures are carried out 
under subsection (2), the occupier shall be hable to pay to thE' Govern­
ment towards the cost of the measures an amount not exceedmg 1the 
percentage of such cost prescribed by the Government by not1ficat10n 
in the Gazette. The inspectmg officer shall by order m writmg determme 
the amolint payable by the occupier and demanrl payment of the 
amount Within such time as may be spec1fied therein. If the occupier 
defaults payment as aforesaid, the amount shall be recoverable from 
h1m as If it were an arrear of land revenue. 
(4) In calculating the cost of the prevent1ve or remedial measures 
for the purposes of subsection (3), the followmg shnJl be taken into 
account, namely·-
(a) charges for labour, m1.terial or use of implements, and 
(b) proportionate charges for any speCial establishment entertai 
ned for the purpose. 
(5) Any occup1er considering h1mself aggneved by an order 
passed by the mspectmg officer under subsectiOn (3) may apply to such 
officer as may be authorised by the Government m thiM behalf to revise 
the order of the inspecting officer 
Provided that no such application shall he unless-
(!} it is made Within thirty days from the date of receipt by the 
occupier of such order; and 
(ii) the amount demanded has been paid in accordance with 
such order. ' 
62 
(6) The offieer to whom an application is made under subsection 
{5) may, after making such enquiry as he thinks fit, either affirm or 
vary the order of the inspecting officer and h1s decision shall be final. 
(7) Where the amount paid by the occupier is in excess of the 
amount payable~ under the order as revised, such excess shall be 
refunded to h1m. 
10. Recovery from the occupkr o' cost of preventive or remedial 
measures earned out by the inspecting officer.-(!) If any prescrtbed 
remedial or preventive meaBures are carried out by the inspecting officer 
under seetwn 6 or sectiOn 8, the cost of such measures or such portion 
thereof as may be determmed by the Government shall be recoverable 
from the occupier as 1f it were an arrear of land revenue, but such 
occupier may appeal to the Revenue DivisiOnal Officer within thirty 
days from the date of demand on the ground that-
( a) charges for Items other than cost of labour, material or use 
of Implements have been included, or 
(b) the charges for labour, matenal or use of implemenLs are 
unduly !ugh. 
(2) The order of the Revenue Divisional Officer on such . .1.ppeal 
shall be final. 
11. Destruction of trees or plants in execution of remedial or preventive 
\ 
m.easurss and compensation therefor.-(1) If in carrying out any 
prescnbed remedial or preventive measures under section 6 or sectiOn 
8 or sectiOn 9 the mspectmg officer destroys or causes to be destroyed-
(a) any tree wh1eh IS mfected with the msect 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 that it is not ordmanly practicable to treat "each plant 
individually, or 
(c) any plants including trees wh1ch, though not so infected, 
have, in his opimon, become liable to such mfectwn, he shall within 
fifteen days of the destructiOn of the trees or plants serve a notice in 
wntmg on the occupier statmg partiCulars of the trees and plants 
destroyed and h1s estimate of their value 
(2) When any trees or plants are destroyed as aforesaid, the 
occupier shall be entitled to compensatiOn as follows·-
for a tree destroyed under sub.sectwn (l), clause (a)- not exceed­
mg one-half the value thereof; 
0 
0 
)> 
• 
• 
63 
for plants destroyed under sub-sectron (I), clause (b)- not ex<'cccl-
ing two-thirds the value thereof, ' 
for plants destroyed under sub-section (I), clause (c)-theil full 
value: 
Provided that no compensation shall be payable for cotton plunts 
the destruction of which has been prescnbed in order to eradicate or 
prevent the introductiOn or re-appearance of any insect pest. 
(3) For the purposes of this section, value shall mean the valno 
of the tree or plant at the time of its destructio". 
12. Clatms for compensation how and and when to be made -All 
claims for compensatiOn under section II or section 18 shall be mndo 
in writmg to the valumg officer a.ppointed by t.he Government witlun 
one month from the service of the notice mentwned in sub-sectiOn (I) 
of section II or withm one month from the date of destruction of tho 
tree or plant, as the case may be, by the occuper: 
Provided that when the valuing officer is satisfied that the occuplqr 
had suffictent cause for not making the claims within the period of ono 
month aforesaid, he may admit such claims aft<'r the said period If they 
are made within two months from the date of service of the notice or 
destructiOn of the tree or plant, as the case may be. 
13. Award of compensation.-(!) The valumg officer, after making 
such mquiry and taking such evidence as he may consider necessary, 
shall award compensatiOn not exceeding the rates presCJ t bed in sect ion 
11 and transmit or cause to be transmitted copies of his a\\ard m wn11ng 
to the occupier and to the inspectmg officer. 
(2) The date within which and the officer before whom an 
appeal may be preferred shall be entered in the award. 
14. Appeal against award.- Either the occupier or the inspecting 
officer may, withm thirty days of the date of receipt of the award, 
prefer an appeal against such award to the prescribed officer whoso 
decisiOn shall be final. 
15. Obltgation of village officers to report on insect pest~. plant diseaM8 
0'1' noxious weed3 -All village officers and such other officers as may bn 
prescnbed, of villages in taluks adjoinmg a notified area. Withm whoso 
village limits a pest, dtsease or weed Similar to the msect pest, plant. 
disease or noxious weed withm the notified area appears, shall report. 
the same to the Collector. 
16. Punishment for offence under sectwn 6 or section 8.- Any ono 
convicted by a Magistrate of an offence under section 6 or se<ltion 8 of 
this Act shall be liable to fine not exceeding fifty rupees or in default 
to simple imprisonment for a period not exceeding ten days. 
64 
17. Contravening notification under section 3 ( 1) (b) .to be an offence 
and punishment therefor-If any person contravenes a notification under 
sectton 3, sub.settion (1), clause (b), of thiS Act prohrbrting or restricting 
the removal of any plant from one place to another, he shall be deemed 
to have commrtted an offence under thrs Act. Any one convicted by a 
MagiStrate of such an offence shall, in addition to confiscation and 
destructiOn of the plant in respect of which the offence was committed, 
be habe to fine not exceeding fifty rupees or m default to simple im­
prisonment for a penod not exceeding ten days 
.. 
18. Compensation for trees and plants destroyed by' occupier.-Where 
an occupter destroys any trees or plants in obedtence to a notice issuoo 
under section 7, he shall be entrtled to such compensation as he would 
have been entitled to under section II if such tree or plant had been 
destroyed by the inspecting officer. 
19. Compensation not payable for noxious weeds destroyed.­
Notwrthstandmg anything in this Act, no compensation shall be payable 
for any noxious weed destroyed. 
20. Institution of prosecutions or other legal proceedings under the Act.­
( 1) No suit, prosecution or other legal proceedings shall lie against any 
officer for anythmg done under thrs Act in good faith or for any damage 
to ·property caused by any action taken in good farth in carrying out 
the provisions of this Act. 
(2) No prosecution under thrs Act shall be commenced without 
the prevwus sanction of the Collector. 
(3) No prosecution u~der !his Act shall be commenced after six 
months from the date of the alleged offence. 
21. Appointment of inspecting officers.-The Government may, from 
time to time, appoint inspectmg officers for the purpose of carrymg out 
the duties prescnbed in sections 5, 6 and 7. 
22 Delegatwn of powers.-The Government may, by notdication 
in the Gazette, delegate all or any of their powers under this Act except 
those conferred by sectton 23 to the Drrector of Agriculture or any other 
officer or to any local authonty or the president or chairman of any 
local authonty. 
23. Power to make rules.-The Government may, by notification 
in the Gazette, make such rules not inconsrstent wrth the provisrons of 
thrs Act as may, from trme to trme, be necessary-
(a) prescribmg the methods of publication of description of 
msect pests, plant diSeases and noxious weeds and of the treatment to 
be followed; 
• 
• 
0 
• 
• 
65 
(b) prescribing the qualifications required of inspecting ofllccrs; 
(c) prescnbing the procedure to be followed in making an award 
under sectiOn 13 and the methods and conditions of valuation of trees 
and plants; • 
(d) prescribing the officers to whom appeals may be made ami 
the procedure to be followed m respect of such appeals, 
(e) prescnbing the procedure, notices and method of se1 vico 
thereof, notifications, registers and other processes needed for tho 
effectual "'orking of this Act, and 
{f) generally for carrymg out the purposes of this Act, 
24. Rules to be la~d before the Legtslative Assembly.-AII rule 
made under this Act shall be laid for not less than seven days before 
the Legislative Assembly as soon as possible after they are made and 
shall be subJect to such modifications as the Legislative Assembly may 
make during the sessiOn m which they are so la1d 
25. Repeal.-The Travancore-Cochm Agricultural Pests and 
Diseases Act, 1955 and the Madras Agricultural Pests and Diseases Act, 
1919, as in force in the Malabar Distrwt referred to in sub-section {2) 
of section 5 of the States Reorganisation Act, 1956 (Central Act 37 of 
1956), are hereby repealed . 

‹ Prev All Kerala acts Next ›