(1) If in carrying out any prescribed remedial or preventive measures under 1 [section 5-A or 7] the inspecting officer destroys or causes to be destroyed,
(a) any tree which is infected with the insect 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 ordinarily practicable to treat each plant individually, or
(c) any plants including trees which, though not so infected, have in his opinion become liable to such infection, he shall serve a notice in writing on the occupier stating particulars of the trees and plaints destroyed and his 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 2 [sub-section (1) a)]— not exceeding one-half the value thereof ;
for plants destroyed under 2 [sub-section (1)
(b)]-not exceeding two-thirds of the value thereof :
for plants destroyed under 2 [sub-section (1)
(c)]— their full value :
2 These words, brackets, figures and letters were substituted for words figures, brackets and letters “sub-section 1 (a)” ,” sub- section 1(b)” and “sub-section 1 (c)“ by section 3 of, and the Second schedule to, the Tamil Nadu Repealing and Amending Act, 1955 (Tamil Nadu Act XXXVI of 1955). In so far as _ this Act applies to the added territories, in sub-section
(2) of section 9 for the words, figures, brackets and letters “sub-section 1(a)” “sub-section 1(b)” and sub-section 1(c)”, the words, brackets, figures and letters “sub-section (1) (a) ".; sub-section (1) ;(b) and sub-section (1) ;(c) “ were respectively substituted by section 4 of, and the second schedule to, the Tamil Nadu (Added Territories) Extension of Laws (No.2) Act, 1961 (Tamil Nadu Act 39 of 1961) Destruction of trees or plants in execution of remedial or preventive nessures and compensation therefor.
10 Agricultural Pests and Diseases [1919 :T.N. Act Ill 1 [Provided that no compensation shall be payable for cotton plants the destruction of which has been prescribed 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 value of the tree or plant at the time of its destruction.
10. All claims for compensation under section 9 shall be made in writing to the valuing officer appointed by the 2 [State Government] within one month from the service of the notice mentioned in sub-section (1) of section 9.