section 8
Power to carry out measures in emergent situations.
The Kerala Plant Diseases and Pests Act, 1972General197218 sections
Statutory text
- (1) Notwithstanding anything contained in sections 3 to 7, if the Government are satisfied that plants in any affected area are in danger of being damaged or destroyed by any plant disease, pest, parasite or noxious weed prevalent in that area and that it is necessary to take immediate preventive or remedial measures, they may, by notification in the Gazette,—
- (a) declare that it shall be competent for 7[Secretary of the local authority] or any Inspecting Officer to carry out such preventive or remedial measures in the affected area or 6 Substituted by Act 16 of 2000 (w.e.f. 12-05-2000). 7 Substituted by Act 16 of 2000 (w.e.f. 12-05-2000). any part thereof or to take such other steps (including the removal or destruction of plants which are infested or likely to be infested) as he may deem fit;
- (b) direct that every occupier in respect of whose land such preventive or remedial measures or other steps have been taken shall be liable to pay the cost thereof at such rate and within such time as 8[Secretary of the local authority] may, by order from time to time, determine having regard to the following, namely:—
- (i) the charges to be incurred for labour, material, or use of equipment or implement;
- (ii) proportionate charges for any special establishment entertained for the purpose; and
- (iii) any other charges to be incurred for the purposes aforesaid.
- (2) Subject to any general or special order of the Government, an Inspecting Officer may, upon the issue of a notification under sub-section (1), enter upon any land, water or premises within the affected area and carry out such preventive or remedial measures or take such other steps referred to in clause (a) of sub-section (1) as he may deem fit.
- (3) The Inspecting Officer shall, by order in writing, assess the amount payable by an occupier in respect of the preventive or remedial measures or other steps taken under subsection (2).
- (4) If the occupier fails to pay the amount assessed under sub-section (3) within the time fixed under clause (b) of sub-section (1), the amount shall be recoverable from him as an arrear of land revenue.
Study data processing for this section.
PDF: pending for this language.