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Section 11: Destruction of trees or plants in execution of remedial or preventive \ m.easurss and compensation therefor

The Kerala Agricultural Pests and Diseases Act, 1958 (No. 17 of 1958)State Act of Kerala · Act 17 of 1958

(1) If in carrying out any prescnbed remedial or preventive measures under section 6 or sectiOn 8 or sectiOn 9 the mspectmg officer destroys or causes to be destroyed-

(a) any tree wh1eh IS mfected with the msect 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 ordmanly practicable to treat "each plant individually, or

(c) any plants including trees wh1ch, though not so infected, have, in his opimon, become liable to such mfectwn, he shall within fifteen days of the destructiOn of the trees or plants serve a notice in wntmg on the occupier statmg partiCulars of the trees and plants destroyed and h1s estimate of their value

(2) When any trees or plants are destroyed as aforesaid, the occupier shall be entitled to compensatiOn as follows·- for a tree destroyed under sub.sectwn (l), clause (a)- not exceed­ mg one-half the value thereof;

0 0 )> • • 63 for plants destroyed under sub-sectron (I), clause (b)- not ex<'cccling two-thirds the value thereof, ' for plants destroyed under sub-section (I), clause (c)-theil full value:

Provided that no compensation shall be payable for cotton plunts the destruction of which has been prescnbed 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 valno of the tree or plant at the time of its destructio".

12. Clatms for compensation how and and when to be made -All claims for compensatiOn under section II or section 18 shall be mndo in writmg to the valumg officer a.ppointed by t.he Government witlun one month from the service of the notice mentwned in sub-sectiOn (I) of section II or withm one month from the date of destruction of tho tree or plant, as the case may be, by the occuper:

Provided that when the valuing officer is satisfied that the occuplqr had suffictent cause for not making the claims within the period of ono month aforesaid, he may admit such claims aft<'r the said period If they are made within two months from the date of service of the notice or destructiOn of the tree or plant, as the case may be.

Where this provision sits

ActThe Kerala Agricultural Pests and Diseases Act, 1958 (No. 17 of 1958)
Section11
Marginal noteDestruction of trees or plants in execution of remedial or preventive \ m.easurss and compensation therefor
JurisdictionState of Kerala
StatusIn force as published by the source

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