LexThe Tamil Nadu Silkworm Diseases (Prevention and Eradication) Act, 1948
Tamil Nadu · state statute
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The Tamil Nadu Silkworm Diseases (Prevention and Eradication) Act, 1948
Act 2 of 1948
Keyword(s):
Area, Seed, Seed Area, Seed Cocoon, Seed Producer, Sericultural Expert,
Silkworm Disease, Silkworm Rearer
1948 : T.N. Act IlJ Silkworm Diseases
(Prevention and Eradication)
'WIL NADU ACT No. 11 OF 1948'.
[THE T TAMIL NADU) SILKWORM ISEASES (PRE-
~ON AND ERADICATION) Ac?1948 .]
(Received the assent of the Governor-General on the
4th March 1938 ; Brst published in the Fort St.
George Gazette on the 16tlt ~7ilal.ch 1948.)
An Act for the prevention and eradication of silknor~n
diseases in the "State of Tomil Nadu].
Tamil Nadu] ; It is l~ereby enacted as follows :-
1. (I) This Act may be callcd the '[Tamil Short title,
Nadu] silk worn^ Diseases (Preveniion and Eradica- extent and
tion ) Act, 1948. coinmence-
(2) It exte~lds to the whole of thc "State of
. Tamil Nadu].
(3) This section sball con7c into fc, at once ;
and the renailling provisicl;~ or" this /2cI sil;II CC,IIIC
into fcrce-
(a) at oncc, in '[ 3 t lie i-losur
lniuk of the Salein di:;trict ; rind
-- - .- - ---- - -- - .-
I TI I \I 2 I i I I I ' ? I\ c " by
ttic -i',lrnil b!n:111 Ad,llli,l[ioil of L.ln. Or~lrr, l9i.''. . . - rc'rd by
tllc I'lrn~l N ~rlu At1 I:.( >tlon of I-' \'. (' r~co11tl AI~IC:I~~ ~ic, i) 01tlc1,
I 9 00 .
2 For Stntcnlclit of Obj~cts nlid Kcnwn., .cc I;III $51 (;io,~c
Gazc.(tc7, datctl Illc ISth No\cnihc~ 1047. T',II t lV-A, p,rrc 244.
This Act was extended to thc ni~r:~ctl Stcltc of Putll~kkott:~i by
section 11 ofthe Tarn11 Nltlu Mcrgcd St.rtcs (Law<) Act, 1949 (Tamil
Nadn Act XXXV of 1949).
8 This cxprcssion was cubst itutsd for tllc cuprcs,\ion " Provincc
of Madras" by the Tarn11 Nadu Adal)t;ition of I,n\\is Order, 1970,
which \\as dcemcd to I~,\vc COI~~C 1n10 I'OSCC 011 IIIC 14th J'111t1:1ry
1969.
4 This cxprcssion was substitutcil fkr thc cxprcssion " State of
Madras" by thc Tnlvil Nadtl Atl;iptgtion of L::uls Order, IOC;g,
as arncndctl by the Tnniil Natlu Adnpt:ltiol: of L:IV;S (Second
Arncntl~ncnt) Ordcr, 1969.
6 'rl~c isords " tlic I<ollcpnl tal~~li of thc C;oili~l>ntore district
and" were ol~littcd by clnusc 3 of, and tlic Sclictlule to, the R.fadras ,
Adi~ptation of LO\VS Ordcr, 1957.
Silkworni Diseases (Prevention [I948 : Td. Act If
and Eradication)
(b) in any other part of the '[State of Tamil
Nadu], on such date as the Government may, by
notification, appoint.
(4) The Government may, by notification, rep1
all or any of the remaining provisions aforesaid from
any part of the '[State of Tamil Nadul, with effect
from such date as may be specified in the notifi~tion,
but the repeal shall not be deemed to affect the powzr
of theGovernment to extend the provjsions so repealed
to such part under sub-section (3), clause (b).
2. In this Act, unless there is anything repugnant
in the subject or context,-
(a) "area'' means any aiea in ~hich the pro-
, visions of this Act are in force for the time being ;
(b) "Director" means the '[Director of Jnh-
tries and Commerce, Tamii Nadul, or such
officer as the Government may nominat as Director
for all or 'my of the purposes of this Ac 9 ;
(c) "Government" means the "State) Govern-
ment as defined in section 3, clause (33-a), of the
General Clauscs Act, 1897; Central Act X of
(d) "notificatjon" means a notilicntion publisl~ai 1837-
in the Furl St. Ceorgc Gazette ;
(e) "prebcr~bed " nxruzs prescl ibed by rules rnadc
under this Act;
"xced" means seed cocoons, moths, egg>
and silkwor~lls in the first two stagcs of developmen(;
-- - -- - - - - - _
1 This exprc\\ii>n \\as substituted for thc cxplcs\~on "State of
Madras" by the Nadu Atl'iplation of L,IH\ Order, 1969, ,,,
amended by thc Tnrnil Nadu h.dapl:ltion of L;Iw\ (Second Amend.
merit) Order, 1969.
This expression war sub$tituted f'yr the cxprcbsion " Directol
of Industries and Comfnercc. Madras by partigraph 4 of, and tllc
Schedule to, the Tam11 Nadu Adaptation of Ln~s Order 1970
which was deemed to have come into force on the 14th ]uuar; 1969,'
r This word wns substituted for the word $' ProyinciH1 by the ~daptation Order of 1950.
\
.. - . .
.xr
.$
3
1948 ; T.N. Act IIJ Silkworrta Disea$es
(Prevention and Eradication)
(g) "seed area" means an area notified by the
i raising seed cocoons ;
!
B
(h) " seed cocoon " meaus cocoon raised
from silkworm rearings and intended for reproduc-
tive purposes ;
(i) "seed producer" mcans any person engaged in
all or any of the processes connected with the mnnufac-
iure or disposzl of seeds;
(j) ''seed rearer" Weans any person engaged
in the occupation of rearing silkworms of ally species
with a view to the sale of cocoons, n1oths;eggs or
worms for the purposes of seed, including operations
P extending from the incubationof eggs to the harvestin<.
of cocoons ;
(k) "Ser:'cultural Expert" rneans4the officer who
is the Head of the Serjcultural Section of the '[Depart-
* ment of Industries atid Commerce, Tmil Naduf;
(I) "silkworm d:sease " mcans the disease of
pebrine flacherie, gasserje, or muscardine or any other
prescribcd disease ;
(nt) "silkworm rearer" means any person
engaged in the occupation of rearing silkworms of any
species, wlth a vicw to the sale of cocoons, moths,
eggs or worms.
3. (1) Every silkworm rearer, seed rearer and seed nut,, to
producer shall be bound to give information forth- furnish
with to the nearest officer who has been duly authori- $f:~iem
zed by the Sericultural Expert in that behalf of thcd. ISBaSBS.
occurrence of any silkworm diseast in the seed, silk-
worm, moth or cocoon, in any premises belonging
to him or under his control, which may come to his
knowledge. a
--
I This expression was substituted for thja cxpreah b6DcpwC
mat of Industries and Commpe, Madras ,' paragraph 4 of, and the Schedule to, the Tauul Nadu Adaptatwn of ~WL @Qr,
1970, which was deemed to havo come into for(oon tho 14t@, jaaW
1969,
li y":,,., :L +," -"" in , X V,"
, 3 *<*J*$ < :" by: + i
Silkworm Diseases [I948 : T.N. Act f i
(Prevention and Eradication)
~ispoction
of premises.
Power lo
take
measures
for the
eradica-
tion of
silk worn^
disease$.
(2) Every such person shall be deemed to have
had knowledge of the ,occurrence of any such disease
in any premises belonging to him or under his cont~ol,
in the absence of reasonable excuse the burden of
proving which shall lie upon him.
4. (1) The Sericultural Expert or any officer
authorized by him in this behalf may at all reasonable
times, enter and inspect any land, building, ~essel,
vehicle or place wherein or in any part '[whereof]--
(i) all or any of the processes connected with
the rearing of silkworms oy the manufacture of seed
is carried on, or
!iij seed, ~ilkvrorms, moth or cocoon is stored,
or is be'ing transported,
if he has reason to believe, from personal knowledge
or from information given by any prso~z and taken
down by him in writing, that any silkworm disease
has occurred in such land, bujlding, vessei, ~ehicle
or place.
(2) Every owner, occupier or other person in-
charge of any such land, building, vessel, vehicle, or
placc shall be bound to give all reasonable faci-
lities to the officer aforesaid in carrying out his ft~nc-
tions under sub-section (I).
5. (1) On receipt of iriformation under section 3
or on tlw detection of any silkworm disease after
inspection under section 4, the Sericultural Expert
or any officer authorized by him in this behalf, or the
officer making such inspection, may .take or cause
to be taken such measures as he may consider neces-
sary or expedient to prevent the spread of the disease
or to eradicate it, being measures referred to in sub-
section (2).
This word was substitt~ted for the word "thereof" by section
4 of, and the Third Schedule to, the Tamil Nadu Repealing
and Amending Act, 1957 (Tamil Nadu Act XXV of 1957) ;
so far as tho added territories are concerned the above amendment was made by seuipn of, and the Second hhedule to, the Tamil
Nadu (Added Tantonos) Extonsion of Laws Act, 1964 (Tap11 Nadu : Aot 8 of 1964). +#,
f 948 : T.N. Act 111 Silkworm Diseases
(P~.evention and Eradication)
(2) Such measures may consist of-
(b) the prohibition for a specified period of
the rearing by seedrearcrs of any species of silkworm
in which a silkworlll disease has broken out in a
virulent form ;
(c) any other action which 111ay be prescri-
bed.
(3) At least twenty-foar hours' notice shall be
given to the owner or otl~er pessnn j~~-charge
of any object or article which it is intended to destroy
under this section. *
6. (1) lf such dcstri~ction is ordcscd by the Scri- Appcnls.
cultural Expert or an Assistn~:t Se~,lculti~ral Expcst,
the ordcr shall be final.
(?).lf sucll tlcs!rucrion is osc!cictf by Itn oflice,-
infcrior 11.1 rank an Assib~nnt F,c~.icri.l,i~r:!l Exp::j.[,
tllc owller or ot!ier p:r-~cjt~ ii~-:hni,::i: tjf ilic ol>jccl 0,.
articlc COIICC~IIC~ .i17::y, \vi! hill t7.~~~ll! jf-/i,~i: I, oU rS 01.
thc servicc of the ric~ticc ~.c!i.i,i<ii Lo ii-1 s.~ctioi~ 5, sill>-
scctioil (3), appc:il to the Ashistailt Scl ic~,I[ur::I ji;\poi.t
nomillated by the Sei.ic~il!ui.nl I:xpcrt to l~c;!r a1,1,~;~ls
under this scction ; :~11d Ll~c ijidci. of s:,ch Assi4tani
Sericilliusal Expc1.L s11:tll bc lir~;~l.
7. (1) Any p<rsr)n C\\I\! ~,,\Y'~ICS or f:~ils to ~~~~lt;~~.
comply with any p~ovrsior~,c~l tliis ALI 01. nrty r~llc or
ordcr made tl~csc~ii\clcs shill1 bc. pti~ii\l~;~l)l~ w~tl, fillC
which may extclltl to one I~undrccl I ill)cc\ ; and ally
Court trying any sucli coritritvoi~lion 01. I~!iltrrc 113;ry
direct that any sced, silkworm. 1notl1 or cocoorl, or
any vessci, rcccpt:lclt: 01' 8pp,ll.,L~ its cnnl,~~ rzin:: { ilc
same, in respect of which thc'C'nu~.t i\ \:~~~\llctI that \~tcll
contmvcntion or G~ilurc has c\cctt!rcci, s11;rll fol--.
feited to the Gover~ulcnt. i
1030 SiaCWonq D+emt?s (1948 : T.N. Act If
(Rreventfon and Eradication)
(2) No prosecution shall be instituted under
sub-section (1) without the previous sanction of the
Sericultural Expert.
8. No suit, prosecution or other proceeding shall
lie against any officer or servant, of the Government of Govern-
ment for any act done or purporting to be done under this
05fcersa.d Act, without the previous sanction of the Govern- senants. mat.
Power to
maka
nrks.
9. (1) The Govenunent may make rules to carry
out the purposes of this Act. -
(2) In particular and without prejudice to the
generality of the foregoing power, such rules may pro-
vide for all or any of the following matters, namely:-
(i) the diseases, if any, whioh should be
treated as silkworm diseases, in addition to those
specified in section 2, clause (I) ;
(ii) the particulars of the information to be
furnished under section 3 and the form in which it
should be furnished ;
(iii) the measures which may be taker1 under
section 5 for eradicating silkworm diseases ;
(iv) the form in which appeals may &: ?,re
ferred under section 6.