Assam Agricultural Pests and Diseases Act, 1950
No: 35 Dated: Dec, 20 1950
THE ASSAM AGRICULTURAL PESTS AND DISEASES ACT, 1950
ASSAM ACT XXXV OF 1950
An Act to provide for the prevention of the spread of insect pests, plant diseases and noxious weeds in the State of Assam.
Preamble. - Whereas it is expedient to provide for measures for the prevention of the spread of insect pests, plant diseases and noxious weeds injurious to health or to crops, plans, trees or water supply or obstructive to waterways within the State of Assam;
It is hereby enacted as follows:
Part I
Preliminary
1. Short title, extend 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 Section 3 of this Act to be insect pests :
(4) "Inspecting Officer" means the Officer appointed as such under Section 20 of the Act;
(5) "Noxious weed" means any weed which has been declared by notification under Section 3 of this Act to be noxious weed;
(6) "Notified area" means the area covered by notification published under Section 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 Section 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 seeds 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 weed. - (1) If the State Government consider that any pests, disease or weed in any local area in 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 pet, a plant disease or a 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-section (1) include the removal of destruction of any plant or crop in order to eradicate or prevent its spread, the introduction or re-appearance of any insect pest, plant disease or noxious wee, such notification shall, prior to the date on which the notification shall come into force, be proclaimed in the local area defined in the notification in such manner as may be prescribed.
4. Liability on the occupiers. - On the issue of a notification under Section 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 of 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 take 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 prescribe under Section 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 other 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-section (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 Section 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.