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Section 4: Power to issue directions

The Jammu and Kashmir Plant Disease and Pests Act, 1973Union territory Act of Ladakh · Act 14 of 1973

(1) On or after the issue of a notification under section 3, District magistrate may, by notice,-

(i) direct every occupier within the affected area to carry out such preventive or remedial measures (including the removal or destruction of plants which are infested or likely to be infested) as the District Magistrate may specify in the notice, to eradicate, destroy or prevent the introduction, spread or reappearance of any plant disease, pest, parasite or noxious weeds;

(ii) call upon any male person, not being below the age of eighteen years and residing within the said area, to render such assistance as may be specified in the notice, in carrying out the measure referred to in clause (i);

Provided that-

(a) no person who is not an occupier shall be called upon to render whole-time service for a period exceeding seven days at a time and there shall be an interval of not less than ninety days before any such person is called upon to render whole time service after having already rendered such service; and

(b) no person who is, by reason of old age, disability or any other reasonable cause, physically incapable of rending assistance or who lives at a distance of more than 8 kilometers from the place where his presence is required for the purpose of rending assistance, shall be called upon to render such assistance; and

(iii) specify the area within which and the period during which the measures referred to in clause (i) are to be carried out.

(2) it shall be not necessary to notify every occupier under clause (i) of sub-section (1) or every other person whose assistance is required under clause (ii) of the said subsection, and a proclamation in this behalf made by beat of drum or other customary mode in the area, village or locality shall be deemed sufficient notice to all affected persons residing in that area, village or locality.

Where this provision sits

ActThe Jammu and Kashmir Plant Disease and Pests Act, 1973
Section4
Marginal notePower to issue directions
JurisdictionUnion territory of Ladakh
StatusIn force as published by the source

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