(1) If, in carrying out any preventive or remedial measures under section 3 or 6, the officer or Government, person, institution or Inspector destroys or causes to be destroyed,—
(a) any tree which is infected with an insect pest or a plant disease, or
(b) any plants some or all of which are infected with insect pest or plant disease and which are grown so closely together that it is not practicable to treat each plant individually, or
(c) any plants or tress, which though not infected at the time with an insect pest or a plant disease are, in the opinion of the officer, person, institution or, as the case may be, Inspector, liable to such infection, the officer, person, institution or as the case may be, Inspector shall give notice to the occupier of the land or premises on which such trees or plants were grown stating particulars of the trees or plants destroyed and estimate of their value.
(2) When any tree or plant is destroyed under sub-section (1), the occupier shall be entitled to compensation determined in the manner provided in section 11.
9. If an occupier in carrying out preventive or remedial measures directed to be carried out by the notification issued under section 3 destroys any tree or plant in accordance with such direction he shall be entitled to such compensation as he would have been entitled to under section 8 as if such tree or plant had been destroyed by the officer, person, institution or, as the case may be, Inspector.
10. Every claim for compensation shall be made in writing to the Assessor within one month from the date of—
(i) the notice given under sub-section (1) of section 8 if the claim is made under the said section, or
(ii) the destruction of the tree or plant, as the case may be, if the claim is made under section 9.
Power of Inspector to carry out preventive or remedial measures on failure of occupier to do so.
Recovery of cost from the occupier.
Compensation for destruction of trees or plants.
Compensation for trees or plants destroyed by occupier.
Procedure for claims for compensation.
The Gujarat Agricultural Pests and Diseases Act, 1980 1980 : Guj . 7 ] 6 of 11