Preventive or remedial measures in emergent cases

(1) Notwithstanding anything contained in sections 3 to 8, If the Government are satisfied that any pest or disease injurious to crops, plants or trees is prevalent in any local area and that immediate preventive or remedial measures have to be taken, they may, by notification in the Gazette,- (a) declare that such pest or disease is an insect pest or plant disease; (b) prescribe such preventive or remedial measures as may be necessary in respect of such pest or disease; (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 it shall be competent to the Government to cause the prescribed preventive or remedial measures to be carried out in the notified area. (2) Upon the issue of a notification under subsection (1) it shall be competent to the inspecting officer appointed under section 21 to enter on any land or water within the notified area and carry out the prescribed preventive or remedial measures or cause such measures to be carried out under his supervision. (3) Where any preventive or remedial measures are carried out under subsection (2), the occupier shall be liable to pay to the Government towards the cost of the measures an amount not exceeding the percentage of such cost prescribed by the Government by notification in the Gazette. The inspecting officer shall by order in writing determine the amount payable by the occupier and demand payment of the amount within such time as may be specified therein. If the occupier defaults payment as aforesaid, the amount shall be recoverable from him as if it were an arrear of land revenue. (4) In calculating the cost of the preventive or remedial measures for the purposes of subsection (3), the following shall be taken into account, namely:- (a) charges for labour, material or use of implements, and (b) proportionate charges for any special establishment entertained for the purpose. (5) Any occupier considering himself aggrieved by an order passed by the inspecting officer under subsection (3) may apply to such officer as may be authorised by the Government in this behalf to revise the order of the inspecting officer; Provided that no such application shall lie unless- (i) it is made within thirty days from the date of receipt by the occupier of such order; and (ii) the amount demanded has been paid in accordance with such order.