LexThe TAMIL NADU AGRICULTURAL PEST AND DISEASES ACT, 1919
Tamil Nadu · state statute
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1919 : T.N. Act III] Agricultural Pests and Diseases -3
THE TAMIL NADU AGRICULTURAL PESTS
AND DISEASES ACT, 1919.
TABLE OF CONTENTS.
PREAMBLE.
PART I-PRELIMINARY.
SECTIONS.
1. Short title.
2. Interpretation Clause.
PART II.- 0F INSECT PESTS, PLANT DISEASES AND NOXIOUS WEEDS.
3. Notification by the State Government of areas a ffected by insect pests, plant
diseases or noxious weeds. ·
4. Liability on the occupiers.
5 . Right of entry.
5-A. Procedure where measures prescribed to eradicate insect pests include removal
or destruction of plants .
6. Inspecting officer may serve a notice on occupier . to take remedial or preventive
action. ·
7. Occupier failing to comply with the notice served on him commits an offence. ·
8. Recovery from the occupier of the cost of pre - ventive or remedial measures carried
out by the inspecting officer.
9. Destruction of trees or plants in execution of remedial or preventive measures and
compensation therefor·
10. Claims for compensation, how and when to be made.
2
4 Agricultural Pests and Diseases [1919 :T.N, Act Ill
SECTIONS.
11. Award of compensation.
12. Appeal against award.
13. Obligation of village o fficers to report on insect pests, plant diseases or noxious
weeds.
14. Punishment for offence under section 5-A or 7.
15. Contravening notification under section. 3 (b) to be an offence; and punishment
therefor.
PART III.-GENERAL.
16. Compensation to occupier for trees and plants _ destroyed.
17. Compensation not payable for noxious weed destroyed.
18. Institution of prosecutions or other legal proceedings under the Act .
19. Appointment of inspecting officers.
20. Delegation of powers.
21. Power to make rules.
3
1919: T.N, Act III] Agricultural Pests and Diseases 5
1 [Tamil Nadu] Act no. III of 1919 .
[The 1 (Tamil Nadu) Agricultural Pests and
Diseases Act, 1919.]
{ Received the assent of the Governor on the 13th March 1919 and that of the
Governor-General on the 12th April 1919 ; the assent of the Governor- General was first
published in the Fort St. George Gazette of the 29th April 1919.)
An Act for the prevention of the spread of insect pests, plant diseases and
noxious weeds.
Whereas it is expedient to take measures to prevent preamble the spread
of insect pests, plant diseases and noxious weeds injurious to health or to crops,
plants, trees or water -supply or obstructive to water -ways within the 3[State of Tamil
Nadu]; It is hereby enacted as follows: —
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1 These words were substituted for the word " Madras " by the Tamil Nadu
Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws
(Second Amendment) Order, 1969, which came into force on the 14th January 1969.
2. For Statement of Objects and Reasons, see Fort St. George Gazette, Part IV,
dated the 21st May 1 918, pp. 381-382. For Proceedings in Council, see ibid, d ated the
8th October 191 8, pp. 756 -762. For Report of Select Committee, see ibid, dated the
19th November 1918, pp. 877-878. For Proceedings in Council, see ibid, dated the 15th
April 1919, pp. 444-466, and ibid, dated the 22nd April 1919, pp. 602-617 .
This Act was extended t o the merged St ate of Pudukkottai by section 3 of, and
the First Schedule to, the Tamil Nadu Merged States (Laws) Act, 1949 (Tamil Nadu Act
XXXV of 1949).
This Act was extended to the Kanyakumari district and the Shencottah taluk of
the Tirunelveli distr ict by section 3 of, and the First Schedule to, the Tamil Nadu
(Transferred Territory) Extension of Laws Act 1960 (Tamil Nadu Act 23 of 1960),
repealing the corresponding law in force in that territory.
3. This· expression was substituted for the expressi on " Presidency - of Madras "
by the Tamil Nadu Adaptation of Laws Order , 1970, ·which was deemed to .have come
into force on the 14th ·January 1969.
Preamble
4
6 Agricultural Pests and Diseases [1919 :T.N. Act Ill
PART I.
Preliminary.
1. This Act may be called “The 1 [Tamil Nadu]
Agricultural Pests and Diseases Act, 1919.”
2. In this Act unless there is anything repugnant
in the subject or context —
“ Insect pest “ means any insect or other invertebrate t ebrate
animal which has been declared by notification under section 3 of this
Act to be an insect pest;
“ Plant disease ” means any fungoid, bacterial, parasitical or other
disease which has been declared by notification under sectio n 3 of this
Act to be a plant disease ;
“ Noxious weed ” means any weed which has been declared by
notification under section 3 of this’ Act to be a noxious weed ;
“ Plant” includes the fr uit, leaves, bark, 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 plant by the '[State Government]
by notification under this Act ;
“Occupier” means the person having for the time being 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 ;
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1 These words wore substituted for the word “Madras ” by the T amil Nadu
Adaptation of La ws Order, 1969, a amended by the Tamil Nadu Adaptation of Laws
(Second Amendment) Order, .1969, which came into force on the 14th January 1969*
2 The words “Provincial Gove rnment ” were substituted for the words “
Governor in Council “ by the Adaptation Order of 1937 and the word “ State “ was
substituted for “ Provincial” by the Adaptation Order of I950.
Short title
Interpretation
clause
5
[1919 :T.N. Act Ill ] Agricultural Pests and Diseases 7
and includes a local authority and 1 [ ] company having such right
of occupation or in such actual occupation ;
“ Notified area ” means the area covered by a notification published
under section 3 ;
“ Director of Agriculture ” means an officer appointed by the 2 [State
Government ] to be the Director of Agriculture and includes every person who for
the time being performs the duties of office ;
“ Prescribed ” means prescribed by the notification or rules made under this
Act.
PART II.
Of insect pests, plant diseases and noxious weeds .
3 3[(1)] If the 2 [State Government] 4 [consider] that any
pest, disease or weed in any local area is dangerous to health or is
injurious to crops, plants, trees or water -supply or is obstructive to
water-ways
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1. The words “ railway or other ” were omitted by section 3 of,
and the second schedule to the Tamil Nadu Repealing and
Amending Act, 1955 (Tamil Nadu Act XXXVI of 1955). In
so for as this Act applies to the added territories, in the definition
of the expression occupier, “ the words “ railway or other
“ were omitted by section 4 of and the Second Schedule to,
The Tamil Nadu (Added Territories) Extension of Laws
(No. 2) Act, 1961 (Tamil Nadu Act 39 of 1961).
2. The words " Provincial Government " were substituted
for the words “ Governor in Council ” by the Adaptation Order of
1937 and the word “ State ” was substituted for “ Provincial “
by the Adaptation Order of 1950
3. Section 3 was renumbered as sub -section (1) of section 3 b y section 2, of the
Madras Agricultural Pests and Diseases ( Amendment Act, 1925 (Madras Act VII of
1925).
This word was substituted for the word “ considers “ by the Adaptation Order
of 1937.
Notification by
the State
Government
of areas
affected by
insect pests,
plant
diseases or
noxious
weeds
6
8 Agricultural Pests and Diseases [1919 :T.N. Act Ill
and that it is necessary to take measures to eradicate it or to prevent its
introduction or re -appearance, 1[they] may by notification in the 2 [Official
Gazette]-
(a) declare that 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 from one place to another
or prescribe 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 th e period during which such
notification shall be in force.
°[(2) Where the preventive or remedial measures prescribed in sub -section (1)
include the removal or destruction of any plant in order to eradicate or prevent
the introduction or re-appearance of any insect pe st, such notification shall, prior
to the date on which the notification shall come into force, be pro - claimed in the
local area defined in the notification in such manner as may be prescribed.]
4 . On the issue of a notification under 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 4 [the State Government]
shall be deemed to be the occupier in the case of all lands which are the property
------------------------------------------------------------------------------------------------------------------
1 This word was substituted for the word “he” by the Adaptati on
Order of 1937.
2 These words were substituted for the words “ Fort St. George Gazette ” by
ibid.
3 Sub- section (2) was added by section 2 of the Madras Agricultural Pests
and Diseases (Amendment) Act, 1925 (Madras Act VII of 1925).
4 The words “ the Provincial Govern ment ” were substituted for the words “the
Government” by the Adaptation Order of 1937 and the word “State” was substituted
for “Provincial” by the Adaptation Order of 1950. ,
ability the
copiers
7
[1919 :T.N. Act Ill] Agricultural Pests and Diseases
1 [of the Government] within the meaning of section
2 (1) of the 2 [Tamil Nadu] Land Encroachment Act, 1905.
5. Any officer appointed und er section 19 may enter on any
land or water within the notified area entry, and take such
action as may be necessary in order to ascertain —
(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.
3[ 5-A. Where the remedial or preventive measures prescribed
by a notification under section 3 include the removal or
destruction of any plant in order to eradicate or prevent the
introduction or re-appearance of any insect pest, any occupier
who fails to remove such plant on or before the date specified
in the noti fication shall be deemed to have committed an
offence under this Act and the removal or destruction of such
plant may b e carried out by the inspecting officer or under his
supervision.]
6. (1) 4 [If any inspecting office* appointed under inspecting
section 19 finds that any prescribed remedial or preventive
measures other than those specified in section
5-A have not been properly carried out] he may,
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1 The words “ of the Crown “ were substituted for the words “
of Government ” by the Adaptation Order of 1937 and the word
“Government” was substitute d for “Crown” by the Adaptation
Order of 1950.
2 These words were substituted for the word “ Madras ” by
the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the
Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969,
which came into force on the 14th January 1969
3 Section 5-A was inserted by section 3 of the Madras
Agricultural Pests and Diseases (Amendment) Act, l925 (Madras Act VII of 1925]
4 These words, figures and letter were substituted for the words “ If such
inspecting officer finds that the prescribed remed ial or preventive measures have
not been properly taken ” by section 4, ibid .
2[Tamil
Nadu] Act
III of 1905 Right of
entry.
Procedure
where
measures
prescribed to
eradicate insect
pests, include
removal or
destruction of
plants.
Inspecting
officer may
serve a notice
on occupier to
take remedial
or preventive
action.
8
Agricultural Pests and Diseases [1919 :T.N. Act Ill
subject to such rules as the : 1 [State G overnment ] may prescribe und er section
21 (g) 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 order 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. If any occupier upon whom notice has been served under section 6
fails to comply with the notice within the time specified by the inspecting officer
or, in cases 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. (1) If any prescribed remedial or preventive measures are carried out
by the inspecting officer 2 [under section 5 -A or 7] the cost of such measures
shall be recoverable from the occupier as if it were an arrear of land revenue,
but such occupier may appeal to th e Collector 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
) The c harges for labour material or use of implements are u nduly
high.
( ) The order of the Collector on such appeal shall be final.
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1.The words “Provincial Government” were substituted for the ” words “ Governor
in Council “ by the Adaptation Order of 1937 and the word “ State ” was
substituted for “ Provincial ” by the Adaptation Order of 1950.
2 The words, letter and figures “under section 5 -A or 7’ ’.were* substituted for
the words and figure “ under section 7 “ by section 5 of the Madras Agricultural
Pests and Diseases (Amendment) Act 1925 (Madras Act VII of 1925).
Occupier
failing to
comply w ith
the notice
served on
him comndts
and offence.
Recovery
from the
occupier of
the cost of
preventive or
remedial
measures
carried out
by the
inspecting
officer.
9
[1919 :T.N. Act Ill] Agricultural Pests and Diseases 11
9. (1) If in carrying out any prescribed remedial or preventive
measures under 1 [section 5-A or 7]
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 that it is not ordinarily practicable to treat each plant
individually,
or
(c) any plants including trees which, though not so infected,
have in his opinion become liable to such infection,
he shall serve a notice in writing on the occupier stating
particulars of the trees and plaints destroyed and his 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 2 [sub-section (1)
a)]— not exceeding one-half the value thereof ;
for plants destroyed under 2 [sub-section (1)
(b)]-not exceeding two-thirds of the value thereof :
for plants destroyed under 2 [sub-section (1)
(c)]— their full value :
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1. The words, letter and figures “ section 5-A or 7’* were substituted for
the word and figure “section 7 ” by section 6 (l) of the Madras Agricultural
Pests and Diseases (Amendment) Act, 1925 ).( Madras Act VII of 1925).
2 These words, brackets, figures and letters were substituted for
words figures, brackets and letters “sub-section 1 (a)” ,” sub- section 1(b)”
and “sub -section 1 (c)“ by section 3 of, and the Second schedule to, the
Tamil Nadu Repea ling and Amending Act, 1955 (Tamil Nadu Act XXXVI of
1955). In so far as _ this Act applies to the added territories, in sub-section
(2) of sect ion 9 for the words, figures, brackets and letters “sub-section
1(a)” “sub-section 1(b)” and sub -section 1(c)”, the words, brackets, figures
and letters “sub -section (1) (a) ".; sub -section (1) ;(b) and sub -section (1)
;(c) “ were respectively substituted by section 4 of, and the second schedule
to, the Tamil Nadu (Added Territories) Extension of Laws (No.2) Act, 1961
(Tamil Nadu Act 39 of 1961)
Destruction of
trees or plants
in execution of
remedial or
preventive
nessures and
compensation
therefor.
10
Agricultural Pests and Diseases [1919 :T.N. Act Ill
1 [Provided that no compensatio n shall be payable for cotton plants the
destruction of which has been prescribed 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 value of the tree or
plant at the time of its destruction.
10. All claims for compensation under section 9 shall be made in
writing to the valuing officer appointed by the 2 [State Government] within one
month from the servi ce of the notice mentioned in sub -section (1) of
section 9.
11. (1) The valuing officer after making such inquiry and taking such
evidence as he may consider necessary shall award compensation not
exceeding the r ates 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 appeal
may be preferred shall be entered in the award.
12. Either the occupier or the inspecting officer may within thirty cays of the
date of receipt of the award prefer an appeal against such award to the
prescribed officer whose decision shall be final.
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1 This provi sion was substituted by section 6 (ii) of the Madras Agricultural
Pests and Diseases (Amendment) Act, 1925 (Madras Act VII of 1925).
2 The words “ Provincial Government ” were substituted fo r the words
“Governor in Council” by the Adaptation Order of 1937 and the word “State” was
substituted for “ Provincial ” by the Adaptation Order of 1950.
Claims for
compensa
tion how
and when
to be
made
Award of
compensa
tion
Appeal
against
award.
11
[1919 :T.N. Act Ill] Agricultural Pests and Diseases
13. Village officers of villages in taluks adjoining a notified
area within whose village limits a pest, disease or weed similar to
the insect p est, plant disease or noxious weed within the notified
area shall appear, shall report the same to the Collector.
14. Any one convicted by a magistrate of an offence
Punishment Under "[section 5-A or 7] of this Act shall be liable to fine
not exceeding Rs. 50, or in default to simple imprisonment for a
period not exceeding ten days.
15. If any person contraven es a notification under section 3
(b) of this Act prohibiting or restricting the removal of any plant
from one place to another he shal l be deemed to have committed
an offence under this 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 liable
to fine not exceeding Rs. 50, or in default to simple imprisonment
for a period not exceeding ten days.
Part III.
General .
16. Where an occupier destroys any trees or plants in
obedience to a notice issued under section 6, he may be
granted compensation in accordance with
such rules as may be made under this Act.
17. Notwithstanding anything in this Act, no compensation
shall be payable for any noxious weed destroyed.
18. (1) No suit, prosecution or other legal proceedings shall
lie against any officer for anything done under this Act in good
faith or for any damage to property caused by any action taken
in good faith in carrying out the provisions of this Act.
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(1) The words, figures and letter" section 5-A or 7 ’’were
substituted for the word and figure" section 7 ” by section 7 of the
Madras Agricultural Pests and Diseases (Amendment) Act,1925 ;
(Madras Act VII of 1925).
Obligation of
village officers to
report on insect
pests, plant
diseases or
noxious weeds
Punishment for
offence under
section 5-A or 7
Contravening
notification
under section
3(b) to be an
offence; and
punishment
therefor
Compensation
to occupier for
trees and
plants
destroyed
Compensation
not payable
for noxious
weed
destroyed.
Institution of
prosecutions
or other legal
proceedings
under the Act
12
14 Agricultural Pests and Diseases [1919 :T.N. Act Ill
(2) No prosecution under this Act shall be commenced without the previous
sanction of the District Collector.
(3) No prosecution under this Act shall be commenced after six mon ths from
the date of the alleged offence.
19. The 1 [State Government] may from time to time appoint inspecting
officers for the purpose of carrying out the duties prescribed in
sections 5, 2[5-A] and 6.
20. The 1[State Government] may by notification in the 3[Official Gazette]
delegate all or any of 4[their] powers under this Act except those conferred
by sections 3 a nd 21 to the Director of Agriculture or any other officer or to
any local authority or the president or chairman of any local authority.
21. The 1 [State Government] may by notification in the 3 [Official Gazette]
make such rules not inconsistent with the provisions of this Act as may from
time to time be necessary —
(a) including seed within the definition of a plant,
(b) prescribing the methods of publication of descriptions of insect pests, plant
diseases and noxious weeds and of the treatment to be followed,
(c) prescribing the qualifications required of inspecting officers,
(d) prescribing the procedure to be followed in making an award under section
11 and the methods and conditions of valuation of trees and plants,
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1. The words “ Provincial Government ” were substituted for the words
“ Governor in Council ” by the Adaptation Order of 1937 and the word “State”
was substituted for “ Provincial” by the Adaptation Order of 1950. .
2 The figure and letter ‘5 -A’ were inserted by section 8 of the Madras
Agricultural Pests and Diseases (Amendment) Act, 1925 . (Madras Act V II of
1925).
3. These words were substituted for the words “Fort St. George Gazette " by
the Adaptation Order of 1937
4 This word was substituted for the word 'his' by ibid.
Appoint-
ment of
inspecting
officers.
Delegation
of powers.
Power to
make
rules.
13
[1919 :T.N. Act Ill] Agricultural Pests and Diseases
(e ) Providing for payment of compensation under section 16 and for all matters
connected therewith,
(f) prescribing the officers to whom appeals may be made, and the procedure
to be followed in respect of such appeals,
(g) prescribing the procedure, notices and metho d of service thereof,
notifications, registers and other processes needed for the effectual working of this
Act, and
(h) generally to carry out the purposes of this Act.
14
1982 : T.N. Act 28 Agricultural Pests and 529
Diseases (Amendment)
TAMIL NADU ACT No. 28 OF 1982.*
THE TAMIL NADU AGRICULTURAL PESTS AND
DISEASES (AMENDMENT) ACT, 1982.
[Received the assent of the in the Tamil Nadu
Government Gazette Extraordinary' on the 7th May
' An Act further to amend the Tamil Nadu Agricultural
Pests and Diseases Act , 1919.
BE it enacted by the Legislature of the State of Tamil Nadu in
the Thiry-third Year of the Republic of India as follows : —
1. (1) This Act may be called the Tamil Nadu Agricultural
Pests and Diseases
(Amendment) Act, 1982.
(2) It shall come into force on such date as the State
Government may, by notification, appoint.
2. In section 2 of the Tamil Nadu Agricultural Pests and
Diseases Act, 1919 (Tamil Nadu Act III of 1919)
(hereinafter referred to as the principal Act),
(1) in the definitions of the terms “ Insect pest ”,
“ Plant disease ” , “ Noxious weed ” and “ Notified area ”,
for the word and figure “ section 3”, the words, figures
and letter ” section 3 or 8-A ” shall be substituted ;
(2) after the definition of the term “ Occupier ”,
the following shall be inserted, namely : —
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♦For Statement of Objects and Reasons, see Tamil Nadu
Government Gazette Extraordinary, dated the 22nd August 1981
Part IV— Section 1, pages 680-681.
Short title and
commencement
Amendment
of section 2,
Tamil Nadu
Act III of 1919
15
830 Agricultural Pests and Diseases [1982 T*N* Act 28
(Amendment)
“ Company ” means any body corporate and includes
a firm, society or other association of individuals; “
3. In section 3 of the principal Act, in sub-section (1),
in the opening paragraph, the words “ in the Official
Gazette ” shall be omitted.
4. After section 8 of the principal Act, the following
section be inserted, namely : —
“ 8 - A. Preventive or remedial measures in emergent cases.-(1)
Notwithstanding anything contained in sections 3 to 8, if the State Government
are satisfied that any pest, disease or weed injurious to crops, plants or trees is
prevalent or is likely to break out in any local area and that immediate preventive
or remedial measures have to be taken, they may, by notification, —
(a) declare that such pest, disease or weed is an insect pest, a plant disease,
or a noxious weed ;
(b) prescribe such preventive or remedial measures such as ground spraying or
dusting as may be necessary in respect of such pest, disease or weed ;
(c) prohibit or restrict the removal of any plant from one place to another ;
(d) define the local area within which and the period during which, such
notification shall be in force ; and
(e) declare that the State Government may cause the prescrib ed preventive or
remedial measures to be carried out in the notified area.
(2) On the issue of a notification under sub -section (1), any inspecting officer
appointed under section 19 may enter on any land or water within the notified
area and carry out , or cause to be carried out under his supervi sion, the
prescribed preventive or remedial measures.
Amendment
of section 3,
Tamil Nadu
Act III of
1919.
Insertion of
new section
8-A in Tamil
Nadu Act III
of 1919
16
1982 : T.N. Act 28] Agricultural Pests and Diseases 831
(Amendment)
(3) Where any preventive or remedial measures are carried out under sub -
section (1) or (2), the occupier shall be liable to pay to the State Government
towards the cost of such measur es, such amount (not exceeding the prescribed
percentage of the cost aforesaid) as the inspecting officer may, by order in writing,
determine and the amount so determined shall be recoverable from the occupier as
if it were an arrear of land revenue.
(4) In calculating the cost referred to in sub -section (3), the following shall be
taken into account, namely :--
(a) the charges for labour, material or use of implements ; and
(b) proportionate charges for any special establishment entertained for the
purpose.
(5) (a) Any occupier may, within thirty days of the date of receipt of the order
under sub -section (3), prefer an appeal against such order to the prescribed
officer who may make such order as he thi nks fit. The decision on such appeal
shall be final :
Provided that no such appeal shall lie unless the amount determined under
sub-section (3) has been paid.
(b) Where the amount paid by the occupier is in excess of the amount payable
under any order made in such appeal, such excess shall be refunded to him.”.
5. In section 9 of the principal Act,—
(1) for the heading, the following heading shall be substituted,
namely :
“ Destruction of trees, plants or crops in execution of remedial or preventive
measures and compensation therefor.” ;
(2) in sub-section (1), —
(a) in the opening paragraph, for the words, figures and letter “section 5 -A
or 7 ”, the words, figures and letters “section 5-A, 7 or 8-A” shall be substituted ;
Amendment of
section 9, Tamil
Nadu Act III
of 1919
17
832 Agricultural Pests and Diseases (Amendment)
[1982 T N Act 28
(b) at the end of clause (c), the word “ or ’* shall be inserted ;
(c) after clause (c), the following clause shall be inserted, namely : —
“ (d) any crops which are infected with insect pest or plant disease. ”;
(d) in the concluding paragraph, for the words “ trees and plants ”, the words “
trees, plants and crops shall be substituted ;
(3) in sub-section (2),—
(a) for the word s “any trees or plants are destroyed ”, the words “any trees,
plants or crops are destroyed ** shall be substituted ;
(b) before the proviso, the following shall be inserted, namely:—
“for crops destroyed under sub-section (1) (d) —their full value;’*;
(4) in sub -section (3), for the words “tree or plant ”, the words “ tree, plant or
crop ” shall be substituted.
6. In section 15 of the principal Act, for the word, figure, brackets and
letter “section 3 (b) “, the words brackets, letters and figures “ clause (b) of sub-
section (1) of section 3 or clause (c) of sub-section (1) of section 8-A ’ shall be
substituted.
7 After section 15 of the principal Act, the following section shall be
inserted in Part II, namely:—
“ 15-A Offences by companies. — (1) Where an offence under this
Act has been committed by a company, every person who , at the time the
offence was committed, was in charge of and was responsible to, the company
for the conduct of the business of the company as well as the company .
shall be deemed to be guilty of the offence and shall be liable to be proceeded
in punishable according.
Amendment
of section
15, Tamil
Nadu Act III
of 1919.
Insertion of
new section
15-A in Tamil
Nadu Act III
of 1919
18
1982 : T.N. Act 28] Agricultural Pests and Diseases 8
(Amendment)
Provided that nothing contained in this sub -section shall render any such
person liable to any punishment, if he proves that the offence was committed
without his knowledge or that he had exercised all due diligence to prevent the
commission of such offence.
(2) Notwithstanding anything contained in sub -section (1) where any such
offence has been committed by a company and it is proved that the offence has
been committed with the consent or connivance of, or is attributable to any neglect
on the part of, any director, manager, secretary or other officer of the company,
such director, manager, secretary or other officer, shall be deemed to be guilty of
that offence and shall also be liable to be proceeded against and punished
accordingly.
affairs of the society or other association, as the case may be.
8 In section 19 of the principal Act, for the words, figures and
letter “sections 5, 5-A and 6 “, the words, figures and letters
‘sections 5, 5-A, 6 and 8-A “ shall be substituted.
9. In section 20 of the principal Act, --
(1) the words “ in the Official Gazette” shall be omitted;
(2) for the words and figures “sections 3 and 21 ”, the
words, figures and letter “ sections 3, 8-A and 21 “ shall be
substituted.
10. In section 21 of the principal Act,
(1) in the opening paragraph, the words “ by notification in
the Official Gazette” shall be omitted ; 1
I25—12 — 53
Amendment of
section 19,
Tamil Nadu
Act III of 1919.
Amendment of
section 20,
Tamil Nadu
Act III of 1919.
Amendment of
section 21,
Tamil Nadu
Act III of 1919
19
834 Agricultural Pests and Diseases (Amendment)
[1982 T*N* Act 28
(2) in clause (d), for the words “ trees and plants ”, the words “trees, plants and
crops ” shall be substituted ;
(3) in clause (f ), after the words “appeals may be made * the words “ and the
fees to be paid for ” shall be inserted.
11. After section 21 of the principal Act, the following section shall be added,
namely.—
22. Publication of rules , commencement of rules and notifications and
placing them on the table of the Legislature. — (1) (a) All rules made under this
Act shall be published in the Tamil Nadu Government Gazette and, unless they
are expressed to come into force on a particular day, shall come into force on the
day on which they are so published.
( b ) All notifications iss ued under this Act shall, unless they are expressed to
come into force on a particular day, come into force on the day on which they are
published.
(2) Every rule made or notification issued under this Act shall, as soon as
possible, after it is made or issued, be placed on the table of both Houses of the
Legislature, and if before the expiry of the session in which it is so placed or the
next session, both Houses agree in making any modification in any such rule or
notification or both Houses agree that the rule or notification should not be made
or issued, the rule or notification 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 annul ment shall be without prejudice to the validity of anything
previously done under that rule or notification.”.
Addition of
new
section 22
in Tamil
Nadu Act
III of 1919