(1) No suit, prosecution or other legal proceedings shall lie against any officer for anything done under this Act in good faith or for any damage to property caused by any action taken in good faith in carrying out the provisions of this Act.
(1) The words, figures and letter" section 5-A or 7 ’’were substituted for the word and figure" section 7 ” by section 7 of the Madras Agricultural Pests and Diseases (Amendment) Act,1925 ;
(Madras Act VII of 1925).
Obligation of village officers to report on insect pests, plant diseases or noxious weeds Punishment for offence under section 5-A or 7 Contravening notification under section 3(b) to be an offence; and punishment therefor Compensation to occupier for trees and plants destroyed Compensation not payable for noxious weed destroyed.
Institution of prosecutions or other legal proceedings under the Act 12 14 Agricultural Pests and Diseases [1919 :T.N. Act Ill
(2) No prosecution under this Act shall be commenced without the previous sanction of the District Collector.
(3) No prosecution under this Act shall be commenced after six months from the date of the alleged offence.
19. The 1 [State Government] may from time to time appoint inspecting officers for the purpose of carrying out the duties prescribed in sections 5, 2[5-A] and 6.
20. The 1[State Government] may by notification in the 3[Official Gazette] delegate all or any of 4[their] powers under this Act except those conferred by sections 3 and 21 to the Director of Agriculture or any other officer or to any local authority or the president or chairman of any local authority.
21. The 1 [State Government] may by notification in the 3 [Official Gazette] make such rules not inconsistent with the provisions of this Act as may from time to time be necessary —
(a) including seed within the definition of a plant,
(b) prescribing the methods of publication of descriptions of insect pests, plant diseases and noxious weeds and of the treatment to be followed,
(c) prescribing the qualifications required of inspecting officers,
(d) prescribing the procedure to be followed in making an award under section 11 and the methods and conditions of valuation of trees and plants, ----------------------------------------------------------------------------------------------------------
1. The words “ Provincial Government ” were substituted for the words “ Governor in Council ” by the Adaptation Order of 1937 and the word “State” was substituted for “ Provincial” by the Adaptation Order of 1950. .
2 The figure and letter ‘5-A’ were inserted by section 8 of the Madras Agricultural Pests and Diseases (Amendment) Act, 1925 . (Madras Act VII of 1925).
3. These words were substituted for the words “Fort St. George Gazette " by the Adaptation Order of 1937 4 This word was substituted for the word 'his' by ibid.
Appointment of inspecting officers.
Delegation of powers.
Power to make rules.
13 [1919 :T.N. Act Ill] Agricultural Pests and Diseases (e ) Providing for payment of compensation under section 16 and for all matters connected therewith,
(f) prescribing the officers to whom appeals may be made, and the procedure to be followed in respect of such appeals,
(g) prescribing the procedure, notices and method of service thereof, notifications, registers and other processes needed for the effectual working of this Act, and
(h) generally to carry out the purposes of this Act.
14 1982 : T.N. Act 28 Agricultural Pests and 529 Diseases (Amendment) TAMIL NADU ACT No. 28 OF 1982.* THE TAMIL NADU AGRICULTURAL PESTS AND DISEASES (AMENDMENT) ACT, 1982.
[Received the assent of the in the Tamil Nadu Government Gazette Extraordinary' on the 7th May ' An Act further to amend the Tamil Nadu Agricultural Pests and Diseases Act , 1919.
BE it enacted by the Legislature of the State of Tamil Nadu in the Thiry-third Year of the Republic of India as follows : —
1. (1) This Act may be called the Tamil Nadu Agricultural Pests and Diseases (Amendment) Act, 1982.
(2) It shall come into force on such date as the State Government may, by notification, appoint.
2. In section 2 of the Tamil Nadu Agricultural Pests and Diseases Act, 1919 (Tamil Nadu Act III of 1919) (hereinafter referred to as the principal Act),
(1) in the definitions of the terms “ Insect pest ”, “ Plant disease ” , “ Noxious weed ” and “ Notified area ”, for the word and figure “ section 3”, the words, figures and letter ” section 3 or 8-A ” shall be substituted ;
(2) after the definition of the term “ Occupier ”, the following shall be inserted, namely : — ------------------------------------------------------------------------------------------------------------------- ♦For Statement of Objects and Reasons, see Tamil Nadu Government Gazette Extraordinary, dated the 22nd August 1981 Part IV— Section 1, pages 680-681.
Short title and commencement Amendment of section 2, Tamil Nadu Act III of 1919 15 830 Agricultural Pests and Diseases [1982 T*N* Act 28 (Amendment) “ Company ” means any body corporate and includes a firm, society or other association of individuals; “
3. In section 3 of the principal Act, in sub-section (1), in the opening paragraph, the words “ in the Official Gazette ” shall be omitted.
4. After section 8 of the principal Act, the following section be inserted, namely : — “ 8- A. Preventive or remedial measures in emergent cases.-(1) Notwithstanding anything contained in sections 3 to 8, if the State Government are satisfied that any pest, disease or weed injurious to crops, plants or trees is prevalent or is likely to break out in any local area and that immediate preventive or remedial measures have to be taken, they may, by notification, —
(a) declare that such pest, disease or weed is an insect pest, a plant disease, or a noxious weed ;
(b) prescribe such preventive or remedial measures such as ground spraying or dusting as may be necessary in respect of such pest, disease or weed ;
(c) prohibit or restrict the removal of any plant from one place to another ;
(d) define the local area within which and the period during which, such notification shall be in force ; and
(e) declare that the State Government may cause the prescribed preventive or remedial measures to be carried out in the notified area.
(2) On the issue of a notification under sub-section (1), any inspecting officer appointed under section 19 may enter on any land or water within the notified area and carry out, or cause to be carried out under his supervision, the prescribed preventive or remedial measures.
Amendment of section 3, Tamil Nadu Act III of
1919.
Insertion of new section 8-A in Tamil Nadu Act III of 1919 16 1982 : T.N. Act 28] Agricultural Pests and Diseases 831 (Amendment)
(3) Where any preventive or remedial measures are carried out under subsection (1) or (2), the occupier shall be liable to pay to the State Government towards the cost of such measures, such amount (not exceeding the prescribed percentage of the cost aforesaid) as the inspecting officer may, by order in writing, determine and the amount so determined shall be recoverable from the occupier as if it were an arrear of land revenue.
(4) In calculating the cost referred to in sub-section (3), the following shall be taken into account, namely :--
(a) the charges for labour, material or use of implements ; and
(b) proportionate charges for any special establishment entertained for the purpose.
(5) (a) Any occupier may, within thirty days of the date of receipt of the order under sub-section (3), prefer an appeal against such order to the prescribed officer who may make such order as he thinks fit. The decision on such appeal shall be final :
Provided that no such appeal shall lie unless the amount determined under sub-section (3) has been paid.
(b) Where the amount paid by the occupier is in excess of the amount payable under any order made in such appeal, such excess shall be refunded to him.”.
5. In section 9 of the principal Act,—
(1) for the heading, the following heading shall be substituted, namely :
“ Destruction of trees, plants or crops in execution of remedial or preventive measures and compensation therefor.” ;
(2) in sub-section (1), —
(a) in the opening paragraph, for the words, figures and letter “section 5-A or 7 ”, the words, figures and letters “section 5-A, 7 or 8-A” shall be substituted ;
Amendment of section 9, Tamil Nadu Act III of 1919 17 832 Agricultural Pests and Diseases (Amendment) [1982 T N Act 28
(b) at the end of clause (c), the word “ or ’* shall be inserted ;
(c) after clause (c), the following clause shall be inserted, namely : — “ (d) any crops which are infected with insect pest or plant disease. ”;
(d) in the concluding paragraph, for the words “ trees and plants ”, the words “ trees, plants and crops shall be substituted ;
(3) in sub-section (2),—
(a) for the word s “any trees or plants are destroyed”, the words “any trees, plants or crops are destroyed ** shall be substituted ;
(b) before the proviso, the following shall be inserted, namely:— “for crops destroyed under sub-section (1) (d) —their full value;’*;
(4) in sub-section (3), for the words “tree or plant ”, the words “ tree, plant or crop ” shall be substituted.
6. In section 15 of the principal Act, for the word, figure, brackets and letter “section 3 (b) “, the words brackets, letters and figures “ clause (b) of subsection (1) of section 3 or clause (c) of sub-section (1) of section 8-A ’ shall be substituted.
7 After section 15 of the principal Act, the following section shall be inserted in Part II, namely:— “ 15-A Offences by companies. — (1) Where an offence under this Act has been committed by a company, every person who, at the time the offence was committed, was in charge of and was responsible to, the company for the conduct of the business of the company as well as the company .
shall be deemed to be guilty of the offence and shall be liable to be proceeded in punishable according.
Amendment of section 15, Tamil Nadu Act III of 1919.
Insertion of new section 15-A in Tamil Nadu Act III of 1919 18 1982 : T.N. Act 28] Agricultural Pests and Diseases 8 (Amendment)
Provided that nothing contained in this sub-section shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1) where any such offence has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer, shall be deemed to be guilty of that offence and shall also be liable to be proceeded against and punished accordingly.
affairs of the society or other association, as the case may be.
8 In section 19 of the principal Act, for the words, figures and letter “sections 5, 5-A and 6 “, the words, figures and letters ‘sections 5, 5-A, 6 and 8-A “ shall be substituted.
9. In section 20 of the principal Act, --
(1) the words “ in the Official Gazette” shall be omitted;
(2) for the words and figures “sections 3 and 21 ”, the words, figures and letter “ sections 3, 8-A and 21 “ shall be substituted.
10. In section 21 of the principal Act,
(1) in the opening paragraph, the words “ by notification in the Official Gazette” shall be omitted ; 1 I25—12 — 53 Amendment of section 19, Tamil Nadu Act III of 1919.
Amendment of section 20, Tamil Nadu Act III of 1919.
Amendment of section 21, Tamil Nadu Act III of 1919 19 834 Agricultural Pests and Diseases (Amendment) [1982 T*N* Act 28
(2) in clause (d), for the words “ trees and plants ”, the words “trees, plants and crops ” shall be substituted ;
(3) in clause (f), after the words “appeals may be made * the words “ and the fees to be paid for ” shall be inserted.
11. After section 21 of the principal Act, the following section shall be added, namely.—
22. Publication of rules , commencement of rules and notifications and placing them on the table of the Legislature.— (1) (a) All rules made under this Act shall be published in the Tamil Nadu Government Gazette and, unless they are expressed to come into force on a particular day, shall come into force on the day on which they are so published.
( b ) All notifications issued under this Act shall, unless they are expressed to come into force on a particular day, come into force on the day on which they are published.
(2) Every rule made or notification issued under this Act shall, as soon as possible, after it is made or issued, be placed on the table of both Houses of the Legislature, and if before the expiry of the session in which it is so placed or the next session, both Houses agree in making any modification in any such rule or notification or both Houses agree that the rule or notification should not be made or issued, the rule or notification shall thereafter have effect only in such modified form or be of no effect, as the case may be, so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or notification.”.
Addition of new section 22 in Tamil Nadu Act III of 1919