The Telangana Agricultural Pests and Diseases Act, 1919

THE TELANGANA AGRICULTURAL PESTS AND DISEASES ACT, 1919. (ACT NO. III OF 1919)

This Act may be called the Telangana Agricultural Pests and Diseases Act, 1919.

In this Act unless there is anything repugnant in the subject or context,-

“Insect pest” means any insect or other invertebrate animal or vertebrate animal which has been declared by notification under section 3 of this Act to be an insect pest;

“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;

“Noxious weed” means any weed which has been declared by notification under section 3 of this Act to be a noxious weed;

“Plant” includes the fruit, leaves, bark, cuttings 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;

“Occupier” means the person having for the time being the right of occupation of any land, premises, or water or his authorised agent or any person in actual occupation of the land, premises or water and includes a local authority, a railway administration, a co-operative society or any company having such right of occupation or in such actual occupation;

“Notified area” means the area covered by a notification published under section 3;

“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 duties of the office;

“Collector” means any officer in charge of a revenue division and includes a Deputy Collector, a Sub-Collector and an Assistant Collector;

“Prescribed” means prescribed by notification or rules made under this Act;

“notification” means a notification published in the Telangana Gazette and includes a notification published in the District Gazette concerned where such publication is made by a delegate exercising the powers of the State Government; and the word “notified” shall be construed accordingly.

(1) If the State Government consider that any pest, disease or weed in any local area is dangerous to health or is injurious to crops, plants, trees or water-supply or is obstructive to water-ways and that it is necessary to take measures to eradicate it or to prevent its introduction or re-appearance, they may by notification,-

(a) declare that such pest, disease or weed is an insect pest, a plant disease or a noxious weed,

(b) prohibit or restrict the removal of any plant 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 preventive or remedial measures prescribed in sub-section (1) include the removal or destruction of any plant in order to eradicate or prevent the introduction or re-appearance of any insect pest, 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.

Any officer appointed under section 19 may enter on any 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.

(1) If any inspecting officer appointed under section 19 finds that any prescribed remedial or preventive measures other than those specified in section 5-A have not been properly carried out he may, subject, to such rules as the State Government may prescribe under section 21 (g), 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 may within seven days of the service upon him of such notice prefer an appeal to the prescribed officer who may make such order as he 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).

If any occupier upon whom notice has been served under section 6 fails to comply with the notice within the time specified by the inspecting officer or in cases where an appeal has been preferred, by 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.

(1) If any prescribed remedial or preventive measures are carried out by inspecting officer under section 5-A or 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 Collector within thirty days from the date of demand on the ground that,-

(a) charges for items other than cost of labour, material or use of implements have been included, or

(b) the charges for labour, material and or use of implements are unduly high.

(2) The order of the Collector on such appeal shall be final.

(1) If in carrying out any remedial or preventive measures under section 5-A, section 7 or section 8-A 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 become liable to such infection, he shall serve a notice in writing on the occupier stating particulars of the trees and plants destroyed and his estimate of their value. (2) When any trees or plants other than the residue after harvest are destroyed as aforesaid the occupier shall be entitled to compensation as follows:- for a tree destroyed under sub-section 1 (a) - not exceeding one-half the value thereof; for plants destroyed under sub-section 1 (b) - not exceeding two-thirds of the value thereof; for plants destroyed under sub-section 1 (c) - their full value: Provided that no compensation shall be payable for cotton plants the destruction of which has been prescribed in order to eradicate or prevent the introduction or re-appearance of any insect pest. (3) For the purposes of this section „value‟ shall mean the value of the tree or plant at the time of its destruction.

All claims for compensation under section 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-section (1) of section 9.

(1) The valuing officer after making such inquiry and taking such evidence as he may consider necessary shall award compensation not exceeding the rates prescribed in section 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.

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.

Village officers of villages in taluks adjoining a notified area within whose village limits a pest, disease or weed similar to the insect pest, plant disease or noxious weed within the notified area shall appear, shall report the same to the Collector.

Anyone convicted by a magistrate of an offence under section 5-A or 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.

If any person contravenes a notification under section 3 (b) of this Act prohibiting or restricting the removal of any plant from one place to another or acts in contravention of the declaration or direction contained in any notification issued under sub-section (1) of section 8-A he shall be deemed to have committed an offence under this Act. Any one convicted by a magistrate of such an offence shall, in addition to confiscation and destruction of the plant in respect of which the offence was committed, be liable to fine not exceeding Rs. 50, or in default to simple imprisonment for a period not exceeding ten days.

Where an occupier destroys any trees or plants in obedience to a notice issued under section 6, he may be granted compensation in accordance with such rules as may be made under this Act.

Notwithstanding anything in this Act, no compensation shall be payable for any noxious weed destroyed.

(1) No suit, prosecution or other legal proceedings shall lie against any officer for anything done under this Act in good faith or for any damage to property caused by any action taken in good faith in carrying out the provisions of this Act.

(2) No prosecution under this Act shall be commenced without the previous sanction of the District Collector.

(3) No prosecution under this Act shall be commenced after six months from the date of the alleged offence.

The State Government may from time to time appoint Inspecting Officers for the purpose of carrying out the duties imposed by or under this Act.

The State Government may by notification delegate all or any of their powers under this Act except those conferred by section 21 to the Director of Agriculture or any other officer or to any local authority or the president or chairman of any local authority.

(1) The State Government may by notification make such rules not inconsistent with the provisions of this Act as may from time to time, be necessary,–

(a) including seed within the definition of a plant;

(b) prescribing the methods of publication of descriptions of insect pests, plant diseases and noxious weeds and of the treatment to be followed,

(c) prescribing the qualifications required of inspecting officers,

(d) prescribing the procedure to be followed in making an award under section 11 and the methods and conditions of valuation of trees and plants,

(e) providing for payment of compensation under section 16 and for all matters connected therewith,

(f) prescribing the officers to whom appeals may be made, and the procedure to be followed in respect of such appeals,

(g) prescribing the procedure, notices and method of service thereof, notifications, registers and other processes needed for the effectual working of this Act, and

(h) generally to carry out the purposes of this Act.

(2) Every rule made under this Act shall, immediately after it is made be laid before each House of the State Legislature if it is in session and if it is not in session in the session immediately following for a total period of fourteen days which may be comprised in one session or in two successive sessions and if before the expiration of the session in which it is so laid or the session immediately following both Houses agree in making any modification in the rule or in the annulment of the rule, the rule shall from the date on which the modification or annulment is notified have effect only in such modified form or shall stand annulled, as the case may be so however that any such modification or annulment shall be without prejudice to the validity of anything previously done, under that rule.

(3) A rule made under this Act may provide that a breach thereof shall be punishable with fine not exceeding fifty rupees or in default to simple imprisonment for a period not exceeding ten days.