Rajasthan Agricultural Pests and Diseases Act, 1951
No: 27 Dated: Oct, 03 1951
The Rajasthan Agricultural Pests and Diseases Act, 1951
Act No. 27 of 1951
An Act to provide for the prevention of the introduction, spread or reappearance of insect pests and plant diseases.
Whereas it is expedient to provide for the prevention of the introduction, spread or reappearance of insect pests and plant diseases injurious to crops, plants or trees in the State of Rajasthan;
It is hereby enacted as follows:-
Part I
Preliminary
1. Short title, commencement and extent. - (1) This Act may be called the Rajasthan Agricultural Pests and Diseases Act, 1951.
(2) It shall come into force on such date and in such parts of the State of Rajasthan as the State Government may from time to time, by notification in the Official Gazette direct.
2. Interpretation. - (1) In this Act, unless there is anything repugnant in the subject or context-
(i) x x x
(ii) "insect pest" means any insect or other invertibrate animal which has been declared to be an insect pest by notification under section 3;
(iii) "inspector" means an Inspector appointed under section 10;
(iv) "notified area" means any area specified in the notification issued under section 3 in which a declaration made under the said section shall remain in force;
(v) "occupier" means the person having for the time being the right of occupation of any land or premises or his authorised agent or any person in actual occupation of the land or premises and includes a local authority having such right of occupation or in such actual occupations;
(vi) "Plant" includes all agricultural or horticultural crops, trees, bushes or herbs, or the seed, fruit or any other part thereof which is used for food of man or beast or for any purpose in connection with art or manufacture;
(vii) "Plant disease" means any fungoid, bacterial virus parastical or other disease declared to be a plant disease by notification under section 3; and
(viii) "Prescribed" means prescribed by rules made under this Act.
[(2) xxx]
Part II
Pests and Plant Diseases
3. Power to declare insect pests and plant diseases and direct measures to eradicate or prevent them. - Whenever it appears to the State Government that any pest or disease is injurious to plants in any local area and that it is necessary to take measures to eradicate such pest, or disease or to prevent its introduction, spread or reappearance, the State Government, may, by notification in the Official Gazette-
(i) declare that such pest or disease is an insect pest or plant disease;
(ii) specify the local area within which and the period during which such declaration shall remain in force;
(iii) prohibit or restrict the movement or removal of any plant, earth, soil, manure or other thing from one place to another;
(iv) direct the carrying out of such preventive or remidical measures, including the destruction of any insect pest or, plant disease or any plants as the State Government may deem necessary, in order to eradicate such pest or disease or to prevent its introduction, spread or re-appearance; and
(v) prescribe the period within which it shall not be lawful to plant with a specified crop, the whole or any portion of the notified area.
4. Duties of occupier on the issue of a notification under section 3. - (1) On the issue of a notification under section 3, every occupier within the notified area, shall be bound to carry out the preventive or remedical measures mentioned in such notification.
(2) Notwithstanding any contained in this Act, in the event of a notified area being invaded or in danger of an invasion by locust, the Collector of the District or other Officer authorised by him in this behalf may call upon any male person not below the age of fourteen years resident in the district to render all possible assistance in carrying out preventive or remidical measures and in the destruction of locusts:
Provided as follows:-
(1) no person who is by virtue of old age, illness or physical disability, incapable of rendering assistance or who lives at a distance of more than five miles from the place where his presence is required, shall be called upon to render any such assistance;
(2) it shall not be necessary to notify every person individually for his services, and a proclamation by beat of drum or other customary mode shall be deemed sufficient notice to all affected persons residing in that village of locality;
(3) any person who fails to render the assistance required of him under sub-section (2) shall, on conviction by a Magistrate, be punishable with fine which may extend to fifty rupees or in default to simple imprisonment for a period not exceeding ten days, and the offence shall be tried summarily as provided in section 260 of the Code of Criminal Procedure, 1898.
5. Power of Inspector to enter upon any land or premises. - Any Inspector may, after giving the prescribed notice, enter upon any land or premises, situated in the notified area within his local jurisdiction, for the purpose of ascertaining-
(i) whether there is any insect pest, or plant disease on such land or premises; and
(ii) whether the preventive or remidical measures or both, as the case may require, mentioned in the notification issued under section 3, have been carried out.
6. Notice to occupier to carry out preventive or remidical measures. - (1) If, on the inspection of any land or premises under section 5, the Inspector finds that there is any insect pest, or plant disease on such land or premises and that the preventive or remidical measures mentioned in the notification issued under section 3 have not been carried out, the Inspector may, subject to any general or special orders of the State Government call upon the occupier of such land or premises, by notice in writing to carry out such preventive or remedical measures within the time specified in such notice.
(2) Within seven days from the date of service of such notice on him under sub-section (1), the occupier may prefer an appeal to the Collector, or to such other Officer as the State Government may appoint.
(3) On receipt of the appeal under sub-section (2), the Collector or other Officer, as the case may be, may extend the time specified in the notice under sub-section (1) and shall after giving the occupier an opportunity of being heard, pass such order on the appeal, as he thinks fit.
(4) An order passed under sub-section (3) of this section, shall be final and conclusive and shall not be liable to be called in question in any court