(1) Whenever it appears to the State Government that any pest, disease or weed is injurious to crops, plants or trees in any local area and that it is necessary to take measures to eradicate such pest, disease or weed or to prevent its introduction, spread or re-appearance, the State Government may, by notification in the Official Gazette,—
(i) declare that such pest, disease or weed is an insect pest, plant disease or noxious weed;
(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, tree, soil or manure from one place to another within or outside such area;
Short title, extent and commencement.
Definitions.
Power to declare insect pests, plant diseases and noxious weeds and to direct measures to eradicate or prevent them.
The Gujarat Agricultural Pests and Diseases Act, 1980 1980 : Guj . 7 ] 4 of 11 and
(iv) direct the carrying out of such preventive or remedial measures including the destruction of any insect pest, plant disease or noxious weed or the planting or destruction of any crops, plants or trees within the period specified in such notification as the State Government may deem necessary, in order to eradicate such pest, disease or weed or to prevent its introduction, spread or re-appearance:
Provided that where the State Government is satisfied at the time of issuing such notification or at any time thereafter, that it is necessary to carry out such preventive or remedial measures immediately in any local area, it may in or by such notification direct, such measures to be carried out immediately,—
(a) by itself through its own officers, or
(b) by such persons or institutions including the occupier and in such manner as the State Government may specify in such notification, and the cost of any measures so carried out —
(i) by the officers shall be payable to the State Government, and
(ii) by the persons or the institutions shall be payable to the persons or as the case may be, the institutions, by each occupier in the local area to such extent, in such proportion and within such time, as the State Government may, by order determine.
(2) The substance of the notification issued under sub-section (1) shall also be notified by the Collector by beat of drum or other customary mode in such local area.
4. On the issue of a notification under section 3, every occupier within the notified area shall carry out within the period specified therein the preventive or remedial measures mentioned in such notification and act in compliance thereof, and it shall also be lawful for the Collector to call upon any male person, not being below the age of 18 years and residing within such notified area, to render such assistance in carrying out such measures, as he may consider necessary:
Provided that no person who is, by reason of old age, physical disability or any other reasonable cause, incapable of rendering assistance or who lives at a distance of more than eight kilometers from the place where his presence is required shall be called upon to render such assistance :
Provided further that for the purposed calling upon any person whose assistance is required, it shall be sufficient to notify such requirement by a proclamation in this behalf made by beat of drum or other customary mode in the locality in which such person is residing.
5. Any Inspector may, after giving notice in such form and manner and before such time as may be prescribed, enter upon any land water or premises situated in a notified area for the purpose of ascertaining—
(i) Whether there is any insect pest, plant disease or noxious weed on such land, water or premises;
(ii) Whether the preventive or remedial measures mentioned in a notification issued under section 3 have been carried out, or anything has been done in contravention of such notification.
Duties of occupier on the issue of a notification under section 3.
Power of Inspector to enter upon any land, water or premises.
The Gujarat Agricultural Pests and Diseases Act, 1980 1980 : Guj . 7 ] 5 of 11
6. If, on inspection of any land, water or premises under section 5, the Inspector finds that there is any insect pest, plant disease or noxious weed on such land, water or premises, or that preventive or remedial measures mentioned in a notification issued under section 3 have not been carried out, even though the period specified in such notification has expired or that anything has been done in contravention of such notification, the Inspector may, subject to the general or special orders of the State Government, carry out, at the expense of the occupier of such land, water or premises such preventive or remedial measures or remove any crop planted in contravention of the notification or discontinue the contravention of such notification.