(1) If the State Government consider that any pest, disease or weed in any local area is dangerous to health or is injurious to crops, plants, trees or water-supply or is obstructive to water-ways and that it is necessary to take measures to eradicate it or to prevent its introduction or reappearance, they may by notification 7[XXX],-
(a) declare that such pest, disease or weed is an insect pest, a plant disease or a noxious weed,
(b) prohibit or restrict the removal of any plant from one place to another or prescribe such other preventive or remedial measures as may be necessary in respect of such pest, disease or weed, and
(c) define the local area within which and the period during which such notification shall be in force.
(2) Where the preventive or remedial measures prescribed in sub-section (1) include the removal or destruction of any plant in order to eradicate or prevent the introduction or re-appearance of any insect pest, such notification shall, prior to the date on which the notification shall come into force, be proclaimed in the local area defined in the notification in such manner as may be prescribed.
4. On the issue of a notification under section 3 every occupier within the notified area shall be bound to carry out the remedial and preventive measures prescribed in such notification.
7. Omitted by Act No.9 of 1978.
Notification by the State Government of areas affected by insect pests, plant diseases or noxious weeds.
Liability on the occupiers.
4 [Act No.III of 1919] 8[Explanation:- For the purpose of this section, the Government shall be deemed to be the occupier of lands which are in their ownership.]
5. Any officer appointed under section 19 may enter on any land or water within the notified area and take such action as may be necessary in order to ascertain,-
(a) whether any insect pest, plant disease or noxious weed is there present; and
(b) whether the prescribed remedial or preventive measures or both, as the case may require, have been taken.
9[5-A. Where the remedial or preventive measures prescribed by a notification under section 3 include the removal or destruction of any plant or residue after harvest in order to eradicate or prevent the introduction or reappearance of any insect pest, any occupier who fails to remove such plant or residue on or before the date specified in the notification after a notice is served on him therefor shall be deemed to have committed an offence under this Act and the removal or destruction of such plant or residue after harvest may be carried out by the inspecting officer or under his supervision.]