Vidhi Codex

section 7A

Power to carry out measures in emergent situation

The Bombay Agricultural Pests and Diseases Act, 1947
General201427 sections
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Statutory text
  1. (1) Notwithstanding anything contained in sections 3, 4, 5 and 7 if the State Government or any officer of the State Government or of any local authority, duly authorised by the State Government in that behalf is satisfied that plants in any notified area are in danger of being damaged or destroyed by any plant disease pest or noxious weed prevalent in that area and that it is necessary to take immediate preventive or remedial measures, it or he may, by notification in the Official Gazette,—
    • (a) declare that it shall be competent for any Inspector to carry out such preventive or remedial measures in the notified area or any part thereof, or to take such other steps (including the removal or destruction of plants which are infected or likely to be infected) 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 such officer may by order from time to time determine, having regard to the following matters, namely :—
      • (i) the charges to be incurred for labour, material or use of implements and
      • (ii) any other charges to be incurred for the purposes aforesaid.
  2. (2) Subject to any general or special order of the State Government or such officer, any Inspector may, upon the issue of a notification under sub-section
  3. (1) enter upon any land or premises within the notified 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.
  4. (3) The Inspector 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 sub-section (2).
  5. (4) If the occupier fails to pay the amount so assessed within the time fixed under clause
    • (b) of sub-section (1), the amount shall be recoverable from him as an arrear of land revenue.
  6. (5) Any occupier aggrieved by an order made under sub-section
  7. (3) may, within thirty days from the date of receipt of the order, prefer an appeal to the Collector or such other officer not lower in rank than a Deputy Collector, as the State Government may appoint in this behalf, on the ground—
    • (i) that the assessment of the amount payable has not been made in accordance with the rates fixed by such officer ;
    • (ii) that the amount assessed includes charges other than the items mentioned in sub-clauses
    • (i) and
    • (ii) of clause
    • (b) of sub-section
  8. (1) ; or
    • (iii) that the charges for labour, material or use of implements are unreasonably high.
  9. (6) On receipt of an appeal under sub-section (5), the Collector or other officer, as the case may be, shall, after making such enquiry as he may deem fit and giving the occupier an opportunity of being heard, pass such order thereon as he may deem fit.
  10. (7) Every order passed under sub-section
  11. (6) shall be final.

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