Assam Agricultural Pests and Diseases Act, 1950

PART I: PRELIMINARY

1. Short title, extent and commencement.-
(1) This Act may be called "The Assam Agricultural Pests
and Diseases Act, 1950".
(2) It extends to the whole of Assam.

(3) It shall come into force on such date as the State Government may, by notification in the official Gazette, appoint in this behalf.

2. Definitions.-
In this Act, unless there is anything repugnant in the subject or context-
(1) "Crop" means any agricultural produce whether stored
for consumption or standing and includes seed, plant
or any other part thereof;
(2) "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 duty of the officer;
(3) "Insect pest" means any insect or other invertebrate
animal and shall include bacteria and other vegetable
or animal organisms, which has been declared under
notification by S. 3 of this Act to be insect pests:
(4) "Inspecting Officer" means the Officer appointed as
such under S. 20 of the Act;
(5) "Noxious weed" means any weed which has been
declared by notification under S. 3 of this Act to be
noxious weed;
(6) "Notified area" means the area covered by notification
published under S. 3;
(7) "Occupier" means the person in actual occupation of
any land, premises or water or the person having for
the time being the right of occupation of the land,
premises or water, or his authorised agent and
includes a local authority or a railway or other
company having such right of occupation or any such
actual occupation;
(8) "Plant disease" means any fungoid, bacterial,
parasitical or other disease which has been declared
by notification under S. 3 of this Act to be a plant
disease;
(9) "Plant includes the fruit, leaf, bark, roots, cutting 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;
(10) "Prescribed" means prescribed by notification or rule
made under this Act;
(11) "Valuing Officer" means officer appointed as such for
the purposes of this Act.

PART II

3. Notification of state Government of areas affected by insect pests, plant diseases or noxious weeds.-
(1) If the State Government consider that any pests,
disease or weed in any local area is injurious to health,
crops, plants trees or water supply or is obstructive to
waterways and that it is necessary to take measures to
eradicate it or to prevent its spread, introduction or re¬
appearance, it may, by notification in the official
Gazette-
(a) declare that such pest, disease or weed is an
insect pest, a plant disease or an noxious weed;
(b) prohibit or restrict the removal of any plant or
crop 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 remedial or preventive measures prescribed
in sub-S. (1) Include the removal or destruction of
any plant or crop in order to eradicate or prevent its

4. Liability on the occupiers.-
On the issue of a notification under S. 3 every occupier in 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, Government shall be deemed to be the occupier in the case of all lands, premises or water, which they have for the time being the right to occupy or are in their actual occupation.

5. Power of entry.-
Any Inspecting Officer may, with prescribed notice, enter into any premises, 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 or both as the case may require, have been
taken.

6. Inspecting Officer may serve a notice on occupier to taken remedial or preventive action.-
(1) If any Inspecting Officer finds that any prescribed remedial or preventive measures have not been properly carried out, he may, subject to such rules as the State Government may prescribed under S.22, 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 within seven days of the service upon
him of such notice prefer an appeal to the prescribed
officer who may make such order as the 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-S. (1)

7. Occupier failing to comply with the notice served on him commits an offence.-
If any occupier on whom a notice has been served under S. 6 fails to comply with the notice within the time specified by the Inspecting Officer, or in case where no appeal has been preferred to 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. Recovery from the occupier of the cost of preventive or remedial measures carried out by the Inspecting Officer.-
(1) If any prescribed remedial or preventive measures are
carried out by the Inspecting officer under S. 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 Deputy commissioner
within thirty days from the date of demand on the
ground that-
(a) charges for items other than costs of labour,
materials or use of implements have been
included, or
(b) the charges for labour, materials or use of
implements are unduly high.
(2) The order of the Deputy commissioner on such appeal
shall be final.

9. Destruction of trees or plants in execution of remedial or preventive measures and compensation.-
(1) If in carrying out any prescribed remedial or preventive measures under S.6, 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 liable to such
infection;

(d) any crop which is infected with insect pest:
he shall serve a notice in writing on the occupier stating particulars of the trees, crop and plants destroyed and his estimate of their value.
(2) When any trees or plant or crops are destroyed as
aforesaid, the occupier shall not be entitled to any
compensation except in the case of any plant
destroyed under Cl. (c) of Sub-S. (1) where the full
value of such plants shall be paid.
(3) For the purpose of this section "value" shall mean the
value of the tree or plant at the time of its destruction.

10. Claim of compensation how and when to be made.-
All claims for compensation under S. 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-S. (1) of S. 9.
11. Award of compensation.-
(1) The valuing officer after making such enquiry and
taking such evidence as he may consider necessary
shall aware compensation not exceeding the rates
prescribed in S. 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. Appeal against award.-
Either the occupier or the Inspecting Officer may within thirty days of the date of receipt of the award prefer an appeal against such award to the prescribed officer whose decision shall be final.

13. Obligation of village officers to report on insect pest, plant diseases or noxious weeds.-

Village Officers of villages adjoining a modified area within whose village limits pest disease or weeds similar to the insect pest, plant disease or noxious weeds within the notified area shall appear, shall report the same to the Deputy commissioner or Sub-divisional Officer and the Director of Agriculture.

14. Punishment for offence under S. 7.-
Anyone convicted by a magistrate of an offence under S. 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. Contravening notification under S. 3 (b) to be an offence; and punishment therefor.-
If any person contravenes a notification under S. 3 (b) of this Act prohibiting or restricting the removal of any plant or crop from one place to another he shall be deemed to have committed an offence under this Act. Anyone convicted by a magistrate of such an offence shall in addition to confiscation and destruction of the plant and crop in respect of which the offence was committed, be liable to a fine not exceeding Rs. 50 or in default to simple imprisonment for a period not exceeding ten days.

PART III: MISCELLANEOUS
16. Compensation to occupier for trees and plants
destroyed.-
Where an occupier destroys any trees or plants or crops in obedience to a notice issued under S. 6 he may be granted compensation in accordance with such rules as may be made under this Act.
17. Compensation not payable for noxious weeds destroyed.-
Notwithstanding anything in this Act, no compensation shall be payable for any noxious weeds destroyed.
18. Protection of action taken under the Act.-
(1) No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done or for damage to property caused by any action which is in good faith taken or intended to be taken in pursuance of this Act or any rules made thereunder.
(2) Save as otherwise expressly provided under this Act, no suit or other legal proceeding shall lie against the Government for any damage caused or likely to be caused by anything in good faith done or intended to be done in pursuance of this Act or any rules made thereunder.
19. Institution of prosecution or other legal proceedings under this Act.-
(1) No prosecution under this Act shall be commenced
except with the previous sanction of the Director of
Agriculture.
(2) No prosecution under this Act shall be commenced
after six months from the date of the alleged offence.
20. Appointment of Inspecting officers.-
The State Government may, from time to time, appoint Inspecting Officers for the purposes of this Act.
21. Delegation of powers.-
The State Government may, by notification in the official Gazette, delegate all or any of their powers under this Act except those conferred by Ss. 3 and 22 to the Director of Agriculture or any other officer appointed by Government.

PART IV: :POWER TO MAKE RULES

22. Power of Government to make rules.-
(1) The State Government may, subject to the condition of
previous publication, make rules for carrying into
effect the purposes of this Act.
(2) Without prejudice to the generality of the foregoing
provision, such rules may prescribe-

(a) the methods of publication of descriptions of
insect pest, plant diseases, and noxious weeds
and the treatment to be followed;
(b) the qualifications required for Inspecting
Officers;
(c) the procedure to be followed in making an award
under S. 12 and the methods and conditions of
valuation of trees, plants and crops;
(d) the officers to which appeals may be made and
the procedure to be followed in respect of such
appeal;

(e) the procedure, notices and methods of service thereof, notifications, registers and other processes needed for effectual working of this Act;
(f) inclusion of seed within the definition of a plant;
(g) the procedure for payment of compensation under S. 16 and for the matters connected therewith;
(h) the methods generally to carry out the purposes of this Act.