(1) Not withstandmg anything contamed in sections 3 to 8, If the Government are satisfied that any pest or d1sease injurwus to crops, plants or trees is prevalent in any local area and that immediate preventive or remed1al measures have to be taken, they may, by notifiCJ.tion in the Gazette,- • • • l 61
(a) declare that such pest or disease is an insect pest or plant.
disease;
(b) prescribe such preventive or remedial measures as may be necessary in respect of such pest or disease;
(c) proh1bit or restriCt the removal of any plant from one place to another,
(d) define the local area within whwh, and the period durmg whieh, such, notification shall be in force, and
(e) declare that it shall be competent to the Government to cause the prescnbed preventive or r~medial measuros to be earned out in the notified area.
(2) Upon the issue of a notification und.er subsection (I) it shaH ·be competent to the inspectmg officer app:lmtcd under sectiOn 21 to enter on any land or water withm the notified area and carry out the prescnbed preventive or remedial measures or cause such measures to be earned out under his supervision.
(3) Where any preventive or remed1al measures are carried out under subsection (2), the occupier shall be hable to pay to thE' Govern ment towards the cost of the measures an amount not exceedmg 1the percentage of such cost prescribed by the Government by not1ficat10n in the Gazette. The inspectmg officer shall by order m writmg determme the amolint payable by the occupier and demanrl payment of the amount Within such time as may be spec1fied therein. If the occupier defaults payment as aforesaid, the amount shall be recoverable from h1m as If it were an arrear of land revenue.
(4) In calculating the cost of the prevent1ve or remedial measures for the purposes of subsection (3), the followmg shnJl be taken into account, namely·-
(a) charges for labour, m1.terial or use of implements, and
(b) proportionate charges for any speCial establishment entertai ned for the purpose.
(5) Any occup1er considering h1mself aggneved by an order passed by the mspectmg officer under subsectiOn (3) may apply to such officer as may be authorised by the Government m thiM behalf to revise the order of the inspecting officer
Provided that no such application shall he unless- (!} it is made Within thirty days from the date of receipt by the occupier of such order; and
(ii) the amount demanded has been paid in accordance with such order. ' 62
(6) The offieer to whom an application is made under subsection {5) may, after making such enquiry as he thinks fit, either affirm or vary the order of the inspecting officer and h1s decision shall be final.
(7) Where the amount paid by the occupier is in excess of the amount payable~ under the order as revised, such excess shall be refunded to h1m.