THE 1 [KARNATAKA] AGRICULTURAL PESTS AND DISEASES ACT, 19682 [Act, No. 1 of 1969] [10th January, 1969] PREAMBLE An Act to prevent the introduction, spread or reappearance of pests, plant diseases and noxious weeds injurious to crops, plants or trees in the 1 [State of Karnataka]. WHEREAS it is expedient to take measures to prevent the introduction, spread or reappearance of pests, plant diseases and noxious weeds injurious to crops, plants, trees or water supply or obstruction to water-ways within the 1 [State of Karnataka] and to make provision for other matters connected therewith; BE it enacted by the 1 Karnataka] State Legislature in the nineteenth year of the Republic of India as follows:- ________________________ 1. Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f. 01.11.1973. 2. First Published in the Karnataka Gazette on the Twenty-third day of January, 1969.
View Complete Act List Judgments citing this sectionThe Bombay Agricultural Pests and Diseases Act, 1947 (Bombay Act 43 of 1947), the Coorg Agricultural Pests and Diseases Act, 1933 (Coorg Act 2 of 1933), The Hyderabad Agricultural Pests and Diseases Regulation, 1352F, the Madras Agricultural Pests and Diseases Act, 1919 (Madras Act 3 of 1919) and the Mysore Destructive Insects and Pests Act, 1917 (Mysore Act 6 of 1917) as in force in the different areas of the1[State of Karnataka] are hereby repealed: Provided that section 6 of the1[Karnataka General Clauses Act, 1899 (Karnataka Act 3 of 1899)] shall be applicable to such repeal and sections 8 and 24 of the said Act shall be applicable as if the said Acts had been repealed and re-enacted by this Act. ________________________ 1. Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f. 01.11.1973.
View Complete Act List Judgments citing this section(1) This Act may be called the1[Karnataka] Agricultural Pests and Diseases Act, 1968. (2) It extends to the whole of the1[State of Karnataka] . (3) It shall come into force on such2[date] as the State Government may, by notification, appoint. ________________________ 1. Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f. 01.11.1973. 2. Act came into force w.e.f. 13.10.1971 by notification No. AF 142 AMS 669 dated: 13.10.1971.
View Complete Act List Judgments citing this section.....prescribed to eradicate pests or plant diseases include removal or destruction of plants Section 8 - Notice to occupier to take remedial or preventive action Section 9 - Occupier failing to comply with the notice served on him commits an offence Section 10 - Recovery of costs Section 11 - Appeal against costs Section 12 - Obligation of village officers to report on insect pests, plant diseases or noxious weeds Section 13 - Penalties Section 14 - Cognizance of offences Section 15 - Offences by companies Section 16 - Protection of action taken under this Act Section 17 - Appointment of Inspecting Officers Section 18 - Delegation of powers Section 19 - Directions by State Government Section 20 - Power to make rules Section 21 - Repeal and savings
List Judgments citing this section.....or vertebrate or invertebrate animal, which has been declared by a notification under section 3 to be a pest; (11) " plant" includes all horticultural or agricultural crops, trees, bushes or herbs, and includes the fruits, leaves, trunk, roots, bark or cutting or any part thereof but does not include the seed: Provided that the State Government may, by notification, direct the seed of any particular plant shall be deemed to be a plant; (12) "plant disease" means any fungoid, bacterial virus, vegetable organism, parasitical or other disease declared by notification under section 3 to be a plant disease; (13) "prescribed" means prescribed by rules made under this Act.
View Complete Act List Judgments citing this section.....the State Government may, by notification, declare such area to be an affected area for such period as may be specified in such notification; and with reference to such area the State Government may by such notification also,- (a) declare any disease, parasite, pest or weed to be a plant disease, parasite, pest or noxious weed for purposes of this Act; (b) prohibit or restrict the movement or removal of any plant, soil or manure 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; (c) direct that such preventive or remedial measures as may be specified shall be carried out to eradicate, destroy or prevent the introduction, spread or reappearance of any noxious weed, parasite, pest, or plant disease; and (d) prohibit the plantation or growing of any plant within such area as may be specified, which is likely to be injurious to the other crops in the area so specified.
View Complete Act List Judgments citing this section.....reason of old age, physical disability or any other reasonable cause, incapable of rendering assistance, or who lives at a distance of more than eight kilometers from the place where his presence is required for the purpose of rendering 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 not be 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 sub-section, 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.
View Complete Act List Judgments citing this sectionOn the issue of a notice under section 4,- (i) it shall be the duty of every occupier within the affected area to carry out the preventive or remedial measures specified in such notice; and (ii) it shall be the duty of every male person residing within the said area to render assistance in such manner as has been specified in the notice.
View Complete Act List Judgments citing this sectionAn Inspecting Officer may after giving due notice to the occupier or other person in charge, enter upon any land, water, or premises within the notified area for the purpose of ascertaining, whether,- (i) any noxious weed, parasite, pest or plant disease exists on such land, water or premises; and (ii) the preventive or remedial measures directed to be carried out, have been carried out.
View Complete Act List Judgments citing this sectionWhere the preventive or remedial measures directed to be carried out by a notification under section 3 include the removal or destruction of any plant in order to eradicate or prevent the introduction or reappearance of any pest or plant diseases any occupier who fails to remove or destroy such plant on or before the date specified in such notification shall be deemed to have committed an offence under this Act, and the removal or destruction of such plant may be carried out by the Inspecting Officer or under his supervision.
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