The Andaman and Nicobar Islands Plants Diseases and Pests Regulation 1969

THE ANDAMAN AND NICOBAR ISLANDS PLAt_rP' Dr EASES AND PESTS REGULATION, 1969 Promulgated by Shri M. Ilidayarullah, discharging the functi s of the President, in the Twentieth Year of the Repubh of India. A Rezulation to provide for the prevention of the introduction into, or spread or re-appearance in, the Union territory of the Andaman and Nicobar Islands of plant diseases, plant pests, plant parasites and noxious weeds, and for matters connected therewith. , In exercise of the powers conferred by clause (1 of article 240 of the Constitution, Shri M. Hidayatullah, discharging the functions of the Presi­ dent, is pleased to promulgate the following Regulation made by him:- 1. (1) This Regulation may be called the Andaman and Nicobar Islands Plant Diseases and Pests Regulation, 1969.~ (2) It extends to the whole of the Union erritory 'of the Andaman and Nicobar Islands. (3) It shall come into force on such date as the Chief Commissioner may, by notification in the Andaman and Nicobar Gazette, appoint. ~ 2. In thi Regulation, unless the context otherwise requires.e- (a) "affected area" means any area declared as such under section 3; Pub1iah ~ ~n the Gazette of India, Extraordinary, Part II-Seotion 1 dated Augeat 22, 1969. .-c"... . Shor extei rneru Power to declare affected area, plant diseases, plant pest, parasites and noxious weeds. THE GAZETTE OF INDIA EXTRAOHDlNARY [PART n (b) "Chief Commissioner" means the Chief Commissioner of the Union territory of the Andaman and Nicobar I .lands; (c) "competent authority" means the officer appointed by the Chief Commissioner to exercise the powers and perform the functions of the competent authority under this Regulation; (d) "Inspecting Officer" means all Inspecting Officer appointed under sectio 4; (e) "noxi JUs weed" means any weed declare I as such under section 3; Jf) "occupier" means the person having for the time being the right' of occup, tion of any land, water ?r wemises, or his authorised agent, or any person in actual occupation or the land, water or premises; (g) "plant" neludes all horticultural or agricultural crops, trees, bushes, or herb, and also includes the seeds, fruits, leaves, trunks, roots, barks or Cl. tting or any other port, of a plant: (h) "plant di sease" means any disease caused to a plant by fungoid, bacteria, virus, parasite or any other organism, declared as such under sectior 3; . (i) "plant pars site" means any plant or animal carrying on its existence, wholly c r in part, On any agricultural Cl'OP, plant, tree, bush or herb and ci eclared as such unfler section 3; (j) "plant pest" means any insect or animal, whether vertebrate or invertebrate, dec. ared as such under section :, and includes any animal organism; (k) "prescribed" means prescribed by rules made under this Regulation. .:#l 3. Where it appears to the Chief Commissioner that any disease, pest, parasite 01' weed in any rea. is injurious to plants Of is likely to contaminate water or is obs tructive to water-ways, and that it is necessary to take measures to eradic ate such disease, pest, parasite or weed, or to prevent its introduction into, or spread or re-appearance in, any area in the Union territory of the Andaman and Nicobar Islands (hereinafter referred to as the "territory "), the. Administrator way, by notification in the Andaman and Nicobar Jazette, declare that area to be an affected area for such period as may be specified therein and may, with reference to such area, also- (a) declare that sud disease, pest, parasite or weed is a plant disease, plant pest, plant parasite. ox noxious weed; (b) prohibit or restri t the movement or removal of any plant, soil or manure from one p' ce to another; (c) prohibit the plant likely to be, injurious n or growing of any plant which is, or is "er plants; and . (d) direct that 'Such other preventive or remedial measures, as the competent authority may consider necessary, to eradicate, destroy or prevent the introduction into, or spread or re-appearance in, the territory of, any plant disease, plant pest, plant parasite or noxious weed, shall be carried out. t. The Chief Commis ioner may, by notification in the Andaman and Nicobar Gazette, appoint such persons as he thinks fit to be Inspecting Officers for the purposes of this Regulation and specify the areas in respect of which each Inspecting Officer shall exercise jurisdiction. 5. (1) On or after the issue of a notification under section 3, the com­ petent authority may, by notice,- (a) direct every occupier within the affected area te carry out such preventive or remedial measures (including the removal or destruction of plants which are, or are likely to be, infested) as may be specified in the notice, to eradicate, destroy or prevent the intro­ duction into, or spread or re-appearance in, the territory of, any plant dise;se, plant pest, plant parasite or noxious weed; - , (b) call upon any male person, not below the age of eighteen years and residing within the said area, to render such assistance as rna r be specified in the notice, in carrying out the measures referred to in clause (a): (i) no person shall be called upon to render' whole-time ser­ vice for a period exceeding seven days at a time, and, where be has rendered such service, there shall be an interval of not less. than ninety days, computed from the day when the previous whole-time service ended, before he is again called upon to render whole-time service; and ~ (ii) no person who is, by reason of old age, physical disability or any other reasonable cause, incapable of rendering assistance, or who resides at a distance of more than eight kilometres from the place where his presence is required for the purpose of ren­ dering assistance, or who lives in an island other than the island in which such place is situated, hall be called upon to render such assistance; and (c) specify the area within which and the period during which the measures referred to in clause (a) are to be carried out. (2) It shall not be necessary to serve notices on every occupier under clause (a) of sub-section (1) or every other person whose assistance is required under clause (b) of the said sub-section, and a proclamation in this behalf made, by beat of drum or other customary mode of publication, in the concerned area, village or locality shall be deemed sufficient notice to all persons residing in that area, village or locality, G. On the issue of a notice under sub-section (1) Of section 5,- (a) it shall be the duty of every occupier within the affected area to carry out such preventive or remedial measures as may be specified in the notice; and (b) it shall be the duty of every male person residing within the affected area to render assistance in the manner specified in the notice .. 7. An Inspecting Officer may, after giving reasonable notice to the occupier, enter in or upon any land, water or premises situated in the affected area for the purpose of ascertaining- (i) whether there is any plant disease, plant pest, plant parasite or noxtous weed in: or on such !lilndl water or premi es; and Apll men Insp Offie issue Duties occupie notice l section Power Inspect Officer upon land, Or pre Power to • c<lny Out' measure. Power to mea ures in emergent si iuations. THE GAZE'ITE OF- INDIA EX'L'RAORDINARY [PART II (ii) whether any preventive or remedial measures specified in the notice issued under sub-section (1) of section 5 have been carried out. 8. (1) If, on inspection of any land, water or premises, an Inspecting Officer finds that there is any plant disease, plant pest, plant parasite or noxious weed in or on such land, water or premises and that the preven­ tive or remedial measures specified in the notice issued under sub-section (1) of section 5 have not been carried out, he may, subject to any general or special orders of the competent authority and without prejudice to any action that may be taken against the defaulter under section 11, carry out such preventive or remedial measures (including the removal or destruc­ tion ai, plants which are, or are likely to be, infested). (2) The Inspecting Officer may, by order,' direct an occupier to pay such sum as may be specified in the order, towards the cost of any preven­ tive or remedial measures carried out under sub-section (l) and the occupier shall pay the said sum on demand, and if he fails or omits to pay the said sum within such time as may be specified by the Inspecting Officer, the said sum shall be recoverable from him as if it were an arrear of land revenue. (3) The order referred to in sub-section (2) shall be served on the -.occupier in such manner as may be prescribed. 9. (1) Notwithstanding anything contained in section 3 and sections 5 to 8, if the Chief Commissioner is satisfied that plants in any affected area. are in danger of being damaged or destroyed by any plant disease, plant pest, plant parasite or noxious weed prevalent or existing in that area and that it is necessary to take immediate preventive or remedial measures, he may, by notification in the Andaman and Nicobar Gazette,- (a) declare that it shall be competent for any Inspecting Officer to carry out such preventive or remedial measures in the affected area or any part thereof or to take such other steps (including the removal or destruction of plants which are, or are likely to be, infested) as he may deem fit; (b) direct that every occupier in respect of whose land, water or premises such preventive or remedial measures or other steps have been taken shall be liable to pay the cost ther of at such rate and within such time as the Inspecting Officer may, by order, from time to time determine, having regard to the following, namely:- (i) the reasonable charges incurred for labour, material or use of implements; and (ii) any other reasonable charges incurred for the purposes aforesaid. (2) Subject to any general or special order of tbe Chief Commissioner, any Inspecting Officer may, upon the issue of a notification under sub­ section (1), enter in or upon any land, water or premises within the affected area and carry out such preven1.ive or remedial measures or take such other steps referred to in clause (c) of sub-section (1) as he may deem fit. (3) The Inspecting Officer shall assess the arrio urrt p<l-yable by a n occupier in respect of the preventive or remedial measures carried out Of other steps taken under sub-section (2) and he may, by an order in iting, direct the occupier to pay the sum so assessed. (4) If the occupier fails to pay th€ amount so assessed within the time fixed, under clause (b) of sub-section (1), or within such further time us may be granted by the Inspecting Officer, the amount shall be recoverable from him as if it were an arrear of land revenue. (5) Any order referred to in sub-section (1) or sub-section (3) shall be served on the occupier in such manner as may be prescribed. 10. (1) Any occupier aggrieved by an order made und r sub-section (2) of section 8 may, within thirty days from the date of service on him of the ord r, prefer an appeal to the competent authority, on the ground that the charges for labour, material or use of implements, as included in the cost, are unreasonably high. ' (2) Any occupier aggrieved by an order made by the Inspecting Officer under sub-section (1) or sub-section (3) of sectionD may, within thirty days from the date of service on him of 'the order, prefer an appeal to the competent authority on the 'ground- (a) that the assessment or determination of the amount. payable has not been made in accordance with the rates fixed by the Inspect­ ing Officer; or (b) that the amount assessed includes charges other than the charges mentioned in sub-clauses (i) and (ii) of clause (b) of sub- section (1) of section 9; or ; (c) that the charges for labour, material or use of implem nts, as included in the cost, are unreasonably high. (3) On receipt of an appeal under sub-section (1) or sub-section (2), the competent authority shall, after making such inquiry as it may deem • fit and after giving the occupier a reasonable opportunity of being heard, pass such order thereon as it may deem fit. (4) Every order passed under sub-section (3) shall be final. 11. (1) If any person~ (a) acts in contravention of the prohibition or restriction con­ tained in any notification issued under section 3; or . (b) acts in contravention of the direction contained in- a notice . issued under sub-section (1) of section Q or fails to render a i tance, having been called upon to do so by notice issued under the said sub-section; or - (c) obstructs the entry of the Inspecting Officer under sect' on 7 or sub-section (2) of section 9; or (d) obstructs the carrying out of the preventive or remedial measures under ub-section (1) of section 8 or sub-section (2) of ection 9, he shall be punishable for the first offence with fine which may extend. to fifty rupees, and for the second or subsequent offence with fine WhICh may extend to two hundred and fifty rupees. '2) If a person is convicted under this section f r the contravention \ tai d' an notification issued the pronibition or estdction con arne 111 •. \ ppeal, Penalties. Cognizance ot offences. Obligation of village officers to report plant disease, plant pests, etc. Bar of suits Or rher legal pro­ cecdings. Delegation of powers. Power LO rnake rulea, 266 THE GAZETTE OF INDIA bXTRAOR,DLNARY [PART II under section 3, the plant or soil or manure in respect of which such con­ travention has been made may be forfeited to the Central Government. 12. No magistrate shall take cognizance of an offence under this Regu­ lation except upon a complaint made by an Inspecting Officer. 13. All village officers, and such other officers' as may be specified in the rules made under this Regulation, of the village or villages adjoining an affected area ~hall forthwith report the existence within the village or villages of any plant disease, plant pest, plant parasite or noxious weed of th nature specified in the notification issued under section 3 in respeet of the said area, to the competent authori~, which shall, after 1 laking such inquiry as it may deem fit, make a further report to the Chief Commissioner. 14. No suit, prosecution or other legal proceedings shall lie against the Chief Commissioner, the competent authority or any other officer. em­ ployed in connection with the affairs of the territory in respect of any­ thing done 01' intended to be done in good faith under this Regulation or for any damage caused by any action taken in good faith in carrying out the provisions of this Regulation. . 15. The Chief Commissioner may, by notification in the Andaman and Nicobar Gazette delegate to any officer all or any of the powers confer­ red on him by this Regulation, except the power to make rules under section 16, and any power so delegated shall be exercised by that officer subject t.o such rest.rictions and conditions as may l;>e specified in the notification. 16. (1) The Chief Commissioner may, after previous publication.. by notification in the Andaman and Nicobar Gazette make rules for carry­ ing out the purposes of this Regulation. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:- (a) the manner in which any notice or order issued or made under this Regulation is to be served or the conditions under which such notice or order shall be de med to have been served' (b) the form in- which anap pal under suc-sectlon (1) or sub­ section (2) of section 10 shall be filed' (c) the officers other than village officers who shall make report under section 13; and .J (ri) such other matter as are required t be. or may be, pres- cribed. (3) Any rule made under this ;Regulation may provide that a contr~- verrtion of any such rule shall e punishable With. fine "~hich rnav ~tend discharging the h~71cti'ms oj the Pre,ride."e.