LexThe Telangana Agricultural Pests and Diseases Act, 1919.
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Open in Lexace · Ask the AI about this actTHE TELANGANA AGRICULTURAL PESTS AND DISEASES
ACT, 1919.
(ACT NO. III OF 1919)
ARRANGEMENT OF SECTIONS
Sections
Part I
Preliminary
1. Short title.
2. Interpretation clause.
PART II
Of insect pests, plant diseases and noxious weeds.
3. Notification by the State Government of areas
affected 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
preventive or remedial measures carried out by the
inspecting officer.
8-A. Power to carry out remedial or preventive measures
in emergent situations.
2 [Act No. III of 1919]
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.
11. Award of compensation.
12. Appeal against award.
13. Obligation of village officers 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) or
section 8-A to be an offence and punishment
therefor.
15-A. Penalty for obstructing inspecting officer.
PART III
General
16. Compensation to occupier for trees and plants
destroyed.
17. Compensation not payable for noxious weed
destroyed.
17-A. Special provision in the event of locust infestation.
18. Institution of prosecutions or other legal
proceedings under the Act.
19. Appointment of inspecting officers.
20. Delegation of powers.
21. Powers to make rules.
THE TELANGANA AGRICULTURAL PESTS AND DISEASES
ACT, 1919.1
ACT No. III OF 1919.
Part I
Preliminary
1. This Act may be called 2[the Telangana 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
animal 3[or vertebrate 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 section 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 fruit, leaves, bark, cuttings or any
living portion of a plant but does not include the seed unless
1. The Andhra Pradesh Agricultural Pests and Diseases Act, 1919 in
force in the combined State, as on 02.06.2014, has been adapted to the
State of Telangana, under section 101 of the Andhra Pradesh
Reorganisation Act, 2014 (Central Act 6 of 2014) vide. the Telangana
Adaptation of Laws Order, 2016 , issued in G.O.Ms.No.45, Law (F )
Department, dated 01.06.2016.
2. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
3. Substituted by Act No.9 of 1978.
Short title.
Interpretation
clause.
2 [Act No.III of 1919]
the seed has been especially included in the defi nition 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, 4[premises or water and includes a local authority, a
railway administration, a co-operative society or any
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 State Government to be the Director of Agriculture and
includes every person who for the time being performs the
duties of the office;
4[“Collector” means any officer in charge of a revenue
division and include s a D eputy Collector, a Sub -Collector
and an Assistant Collector;]
“Prescribed” means prescribed by notificati on or rules
made under this Act;
5[“notification” means a notification published in the
6Telangana Gazette and includes a notification published in
the District Gazette concerned where such publication is
made by a delegate exercising the power s of the State
Government; and the word “notified” shall be construed
accordingly.]
4. Substituted by Act No.13 of 1962.
5. Added by Act No.9 of 1978.
6. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
[Act No.III of 1919] 3
PART II
Of insect pests, plant diseases and noxious weeds.
3. (1) If the State Government 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 and that it is necessary to take
measures to eradicate it or to prevent its introduction or re -
appearance, they may by notification 7[XXX],-
(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 the 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 pest, such
notification shall, prior to the date on which the notification
shall come into force, be proclaimed in t he local area
defined in the notification in su ch 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.
7. Omitted by Act No.9 of 1978.
Notification by the
State Government
of areas affected
by insect pests,
plant diseases or
noxious weeds.
Liability on the
occupiers.
4 [Act No.III of 1919]
8[Explanation:- For the purpose of this section , the
Government shall be deemed to be the occupier of lands
which are in their ownership.]
5. Any officer appointed under section 19 may enter on
any land or water within the notified area 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 o r both, as the case may require, have been
taken.
9[5-A. Where the remedial or preventive measures
prescribed by a notification under section 3 include the
removal or destruction of any plant or residue after harvest
in order to eradicate or prevent the introduction or re -
appearance of any insect pest, any occup ier w ho fails to
remove such plant or residue on or before the date specified
in the notification after a notice is served on him therefor
shall be deemed to have committed an offence under this
Act and the removal or destruction of such plant or residue
after harvest may be carried out by the inspecting officer or
under his supervision.]
6. (1) If any inspecting officer appointed under section 19
finds that any pre scribed remedial or preventive measures
other than those specified in section 5 -A hav e not been
properly carried out he may, subject, to such rules as the
State Government may prescribe under section 21 (g), call
upon the occupier by notice in writing to carry out the
8. Substituted by Act No.13 of 1962.
9. Section 5-A was substituted by Act No.13 of 1962.
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.
[Act No.III of 1919] 5
prescribed remedial or preventive measures within a time to
be specified in such notice.
(2) The occu pier 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 remed ial or preventive
measures may be carried out by the inspect ing officer or
under his supervision.
8. (1) If any prescribed remedial or preventive measures
are carried out by inspecting officer 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 the Collector within thirty days from
the date of demand on the ground that,-
(a) charges for item s other than cost of labour,
material or use of implements have been included, or
(b) the charges for labour, material and or use of
implements are unduly high.
(2) The order of the Collector on such appeal shall be
final.
Occupier failing to
comply with the
notice served on
him commits an
offence.
Recovery from the
occupier of the
cost of preventive
or remedial
measures carried
out by the
inspecting officer.
6 [Act No.III of 1919]
10[8-A. (1) N otwithstanding anything in the foregoing
provisions where the State Government are satisfied that
plants in any notified area are in danger of being damaged
or destroyed by any insect pest, plant disease or noxious
weed prevalent in that area and that it is necessary to take
immediate remedial or preventive me asures they may by
notification,-
(a) declare that it shall be competent for any
Inspecting Officer to carry out in the notified area or any part
thereof such remedial or preventive measures or to take
such other steps including the removal or destr uction of
plants which are infected or likely to be infec ted as he may
deem fit;
(b) direct that every occupier in respect of whos e
land such remedial or preventative measures or other steps
have been taken shall be liable to pay the cost thereof at
such rate and within such time as the Collector may, by
order, from time to time, determine having rega rd to the
following, namely:-
(i) the charges that have been or may be incurred
for labour, material or use of implements, and
(ii) any other charges that have been or may be
incurred for the purposes aforesaid.
(2) Subject to any general or special order of the State
Government, any Inspecting Officer may upon the issue of a
notification under sub -section (1), enter on any land or
premises within the notified area and car ry out such
remedial or preven tive measures or take such other steps
referred to in clause (a) of sub -section (1) as he may deem
fit.
10. Inserted by Act No.9 of 1978.
Power to carry out
remedial or
preventive
measures in
emergent
situations.
[Act No.III of 1919] 7
(3) The Inspecting Officer shall by order in writing
assess at the rate determined by the Collector under clause
(b) of sub-section (1) the amount payable by an occupier in
respect of the remedial or preventive measures or other
steps taken under sub-section (2).
(4) If any occupier fails to pay the amount assessed
under sub -section (3) within the time determined under
clause (b) of sub -section (1) the said amount shall be
recoverable from him as if it were an arrear of land revenue.
(5) Any occupier aggri eved by an order made under
sub-section (3) may within thirty days from the date of
communication to him of the order prefer an appeal to such
authority as the State Government may specify in that behalf
on the ground,-
(i) that the assessment of the amount payable has not
been in accordance with the rates determined by the
Collector;
(ii) that the amount assessed includes charges for
items other than those mentioned in sub -clauses (i) and (ii)
of clause (b) of sub-section (1); or
(iii) that th e charges for labour material or use of
implements are unduly high.
(6) On receipt of an appeal under sub -section (5) the
appellate authority shall, after making such enquiry as it
may deem proper and after giving the occupier an
opportunity of making his representation pass such order
thereon as it may deem fit and every such order shall be
final.]
8 [Act No.III of 1919]
9. (1) If in carrying out any 11[XXX] remedial or preventive
measures 12[under section 5-A, section 7 or section 8-A] 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 plants destroyed and his
estimate of their value.
(2) When any trees or plants 13[other than the residue
after harvest] are destroyed as aforesaid the occupier shall
be entitled to compensation as follows:-
for a t ree destroyed under sub -section 1 (a) - not
exceeding one-half the value thereof;
for plants destroyed under sub -section 1 (b) - not
exceeding two-thirds of the value thereof;
for plants destroyed under sub -section 1 (c) - their full
value:
Provided that no compensation shall be payable for
cotton plants the destruction of which has been prescribed
11. Omitted by Act No.9 of 1978.
12. Substituted by Act No.9 of 1978.
13. Inserted by Act No.13 of 1962.
Destruction of
trees or plants in
execution of
remedial or
preventive
measures and
compensation
therefor.
[Act No.III of 1919] 9
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 State
Government within one month from the service 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 rates prescribed in
section 9 and transmit or cause to be transmitted copies of
his award in writing to the occupier and to the insp ecting
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 days of the date of receipt of t he award prefer an
appeal against such award to the prescribed officer whose
decision shall be final.
13. Village officers of villages in taluks adjoining a notified
area within whose village limits a pest, disease or weed
similar to the insect pest, plant disease or noxious weed
within the notified area shall appear, shall report the same to
the Collector.
14. Anyone convicted by a magistrate of an offence 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.
Obligation of
village officers to
report on insect
pests, plant
diseases or
noxious weeds.
Award of
compensation.
Claims for
compensation
how and when to
be made.
Appeal against
award.
Punishment for
offence under
section 5-A or 7.
10 [Act No.III of 1919]
15. If any person contravenes a notification under section 3
(b) of this Act prohibiting or restricting the removal of any
plant from one place to another 14[or acts in contravention of
the declaration or direction contained in any notification
issued under sub -section (1) of section 8 -A] he shall 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 destruct ion 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.
14[15-A. whoever voluntarily obstructs any inspecting officer
in the discharge of his functions imposed by or under this
Act shall be punished with imprisonment for a term which
may extend to three months or with fine which may exten d
to fifty rupees or with both.]
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.
14[17-A. (1) where any notified area in which locusts have
been declared as an insect p est under section 3, is infec ted
or is in danger of being infec ted by locusts the Collector
may with a view to facilitating preventive or remedial
measures or other steps against locusts, by order in writing
14. Inserted by Act No.9 of 1978.
Contravening
notification under
section 3 (b) 14[or
section 8-A] to be
an offence and
punishment
therefor.
Penalty for
obstructing
inspecting officer.
Compensation to
occupier for trees
and plants
destroyed.
Compensation not
payable for
noxious weed
destroyed.
Special provision
in the event of
locust infestation.
[Act No.III of 1919] 11
requisition any vehicle and make such other orders as may
appear to him to be necessary or expedient in connect ion
with such requisition.
(2) Every order made under sub -section (1) shall be
served on such persons and enforced in su ch manner as
may be prescribed.
(3) Any vehicle requisitioned under this section may be
used or de alt with in such manner as may app ear to the
Collector to be necessary or expedient.
(4) If the owner of the vehicle in respect of which an
order of requisition h as been made does not place the
vehicle at the disposal of the officer or authority mentioned
therein such officer or authorit y may, without prejudice to
any other action that may be taken under the Act or the
rules made thereunder, seize the vehicle from any person,
who for the time being may be in possession of it.
(5) No person shall remove or allow to be removed any
part of a vehicle (including tyre, tube or any other
accessory) in respect of which an order of requisition has
been made or in any way damage it or permit it to be
damaged so as to diminish the value o r utility of such
vehicle.
(6) When any vehicle is requisitioned under this
section, there shall be paid to the owner such amount as
may be agreed upon between him and the Collector and in
the absence of any such agreement such amount as the
District Collector may fix having due reg ard to the type and
condition and the market rate of hire of the vehicle at the
time of the requisition and the loss caused to the owner
during the period of requisition.
12 [Act No.III of 1919]
(7) The manner in which the amount payable under
sub-section (6) shall be assessed and the manner in which
the order of payment shall be served, the time within which
and the persons to whom it shall be paid and all other
matters relating thereto shall be such as may be prescribed.
(8) Any person aggrieved by an order fixing the amount
payable under sub -section (6), may appeal against the
same to such authority and within such time as may be
prescribed.
(9) Any vehicle requisitioned under this section may at
any time be released from such requisition by an order in
writing of the Collector.
(10) When an or der of de-requisitioning is made under
sub-section (9), notice of the same shall be served on the
person to whom the vehicle is to be returned in such
manner as may be prescribed and, if he cannot be found
and has no local agent or other person empowered t o
accept delivery of vehicle on his behalf such notice shall be
given by publishing the order in the Telangana Gazette.
After service of the notice personally or by publication a s
aforesaid, the vehicle specified therein shall cease to be
subject to requis ition with effect on and from the date of
such service or publication and be deemed to have been
delivered to the person entitl ed to possession thereof and
the Government shall not be liable for any compensation or
other claim in respect of any such vehicl e for any period
after the said date.]
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.
Institution of
prosecutions or
other legal
proceedings
under the Act.
[Act No.III of 1919] 13
(2) No prosecution under this Act shall be commenced
without the previous sanction of the District Collector.
(3) No prosecution under this Act sha ll be commenced
after six months from the date of the alleged offence.
19. The State Government may from time to time appoint
Inspecting Officers for the purpose of carrying out the duties
15[imposed by or under this Act].
20. The State Government may by notification 16[XXX]
delegate all or a ny of their powers under this Act except
those conferred by 15[section 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. 17[(1)] The State Government may by notification
16[XXX] 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,
15. Substituted by Act No.9 of 1978.
16. Omitted by Act No.9 of 1978.
17. Section 21 renumbered as sub-section (1) by Act No.9 of 1978.
Appointment of
inspecting
officers.
Delegation of
powers.
Powers to make
rules.
14 [Act No.III of 1919]
(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 method 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.
18[(2) Every rule made under this Act shall , immediately
after it is made be laid before each House of the State
Legislature if it is in session and if it is not in session in the
session immediately following for a total period of fourteen
days which may be comprised in one session or in two
successive sessions and if before the expiration of the
session in which it is so laid or the session immediat ely
following both House s agree in making any modification in
the rule or in the annulment of the rule, the rule shall from
the date on which the modification or annulment is notified
have effect only in such modified form or shall stand
annulled, as the c ase may be so however that any such
modification or annulment shall be without prejudice to the
validity of anything previously done, under that rule.
(3) A rule made under this Act may provide that a
breach thereof shall be punishable with fine not exceeding
fifty rupees or in default to simple imprisonment for a period
not exceeding ten days.]
* * *
18. Sub-section (2) added by Act No.9 of 1978.