The Assam Agricultural Pests and Diseases Act, 1950
**ACT, 1950**

[Published in the “Assam Gazette”, dated the 20th December 1950]

**An Act to provide for the prevention of the spread of insect pests, plant**

**diseases and noxious weeds in the State of Assam**

**Preamble.—Whereas it is expedient to provide for measures for the preven­**

tion of the spread of insect pests, plant diseases and noxious weeds injurious to
health or to crops, plants, trees or water supply or obstructive to waterways
within the State of Assam, it is hereby enacted as follows

PART I

**Preliminary**

1. **Short title, extent and commencement.—(1) This Act** **shall be** called

**“The** Assam Agricultural Pests and **Diseases** Act. 1950”,

(2) It extends to the whole of Assam.
(3) It shall come into force on such date [1] as the State Government may,

by notification in the official Gazette appoint in this behalf.

2. **Definitions.—** In this Act, unless there is anything repugnant in the sub­

ject or context,—

(1) “Crop” means any agricultural produce whether stored for consump­

tion or standing and includes seed, plant or any part thereof ;

(2) “Director of Agriculture” means an Officer appointed by the State

Government to be the Director of Agriculture and includes every person who for
the time being performs the duties of the office ;

(3) “Insect pest” means any insect or other invertebrate animal and shall

include bacteria and other vegetable or animal organisms, which has been declared
by notification under section 3 of this Act to be an insect pest ;

(4) “Inspecting Officer” means the officer appointed as such under sec­

tion 20 of the A ct;

(5) “Noxious weed” means any weed which has been declared by notifi­

cation under section 3 of this Act to be noxious weed ;

(6) “Notified area” means the area covered by a notification published

under section 3 ;

        - For statement of object and reasons see “Assam Gazette”, 1949, Part V,

page 197, Report of the Select Committee, Part V, page 89,


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(7) “Occupier” means the person in actual occupation of any land, premises 5

or water or the person having for the time being the right of occupation of the
land, premises or water, or his authorised agent and includes a local authority
and a railway or other company having such right of occupation or any such
actual occupation.

(8) “Plant disease” means any fungoid, bacterial, parasitical or other

disease which has been declared by notification under section 3 of this Act to
be a plant disease

(9) “Plant” includes the fruit, leave, bark, roots cuttings or any living

portion of a plant but does not include the seed unless the seed has been especially
included in the definition of plant by the State Government by notification under
this A ct;

(10) “Prescribed” means prescribed by notification or rules made under

this Act.

(11) “Valuing Officer” means Officers appointed as such for the purposes

of this Act.

PA RT II

3. **Notification by the State Government of areas affected by insect pests,**

**plant diseases or noxious weed.—(1) If the State Government consider that any**
pest, disease or weed in any local area is injurious to health, 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 spread, introduction or re-appearance,
they may by notification in the official Gazette—

(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 or crop 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 or crop in order to eradicate or

prevent its spread, the introduction or re-appearance of any insect pest, plant
disease or noxious weed, 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. Liability on the occupiers.—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.

**Explanation.—For the purpose only of this section Government shall be**

deemed to be the occupier in the case of all lands, premises or water which,
they have for the time being the right to occupy or are in their actual occupation.

**5. Power of entry.—Any inspecting officer may with prescribed notice enter**

into any premises, 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

presen t; and

(b) whether the prescribed remedial or preventive measures or both, as ;

„ the case may require, have been taken.


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6. **Inspecting Officer may serve a notice on occupier to take remedial or**

**preventive action.— (1) If any Inspecting Officer finds that any prescribed remedial**
or preventive measures have not been properly carried out he may, subject to such

rules as the State Government may prescribed under section 22 call upon the

occupier by notice in writing to carry out the prescribed remedial or preventive
measures within a time to be specified in such notice.

(2) The occupier may within seven days of the service upon him of such

notice prefer an appeal to the prescribed officer who may make such order as
he thinks fit. The decision on such appeal shall be final.

(3) The Officer receiving the appeal may extend the time specified in the

notice under sub-section (1).

7. **Occupier failing to comply with the notice served on him commits an**

**offence.—** If any occupier upon whom notice has been served under section 6
fails to comply with the notice within the time specified by the Inspecting Officer,

or, in case where an appeal has been preferred, by the prescribed officer on
appeal, he shall be deemed to have committed an offence under this Act and the

prescribed remedial or preventive measures may be carried out by the Inspecting
Officer or under his supervision.

8. **Recovery from the occupier of the cost of preventive or remedial mea­**

**sures carried out by the Inspecting Officer.—(1) If any prescribed remedial or**
preventive measures are carried out by the Inspecting Officer under section 7

the cost of such measures shall be recoverable from the occupier as if it were

an arrear of land revenue, but such occupier may appeal to the Deputy Commis­
sioner within thirty days from the date of demand on the ground that,

(a) charges for items other than costs of labour, material or use of im­

plements have been included, or

(b) the charges for labour, materials or use of implements are unduly

high.

(2) The order of the Deputy Commissioner on such appeal shall be final.

**9. Destruction of trees or plants in execution of remedial or preventive mea­**

**sures and compensation.—(1) If in carrying out any prescribed remedial or pre­**
ventive measures under section 6 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 ;

(d) any crop which is infected with insect pest;

he shall serve a notice in writing on the occupier stating particulars of the trees,

crop and plants destroyed and his estimate of their value.


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(2) When any trees or plants or crops are destroyed as aforesaid, the occu­

pier shall not be entitled to any compensation except in the case of any plants

destroyed under clause (c) of sub-section (1), where the full value of such plants

shall be paid.

(3) For the purpose of this section “value” shall mean the value of the

tree or plant at the time of its destruction.

10. **Claim for compensation how and when to be made.—All claims for com­**

pensation under section 9 shall be made in writing to the valuing officer appointed

by the State Government within one month from the service of the notice men­

tioned in sub-section (1) of section 9.

11. **Award of compensation.—(1) The valuing officer after making such en­**

quiry and taking such evidence as he may consider necessary shall award com­
pensation not exceeding the rate prescribed in section 9 and transmit or cause to
be transmitted copies of his award in writing to the occupier and to the inspecting
officer.

(2) The date within which and the officer before whom an appeal may be

preferred shall be entered in the award.

12. **Appeal against award.—Either the occupier or the Inspecting Officer**

may within thirty days of the date of receipt of the award prefer an appeal against
such award to the prescribed officer whose decision shall be final.

13. **Obligation of village officers to report on insect pest, plant diseases or**

**noxious weeds.—Village Officers of villages adjoining a notified area within whose**

village limits pest, disease or weed similar to the insect pest, plant disease or noxious
weed within the notified area shall appear, shall report the same to the Deputy
Commissioner or Subdivisional Officer and the Director of Agriculture.

14. **Punishment for offence under section 7.—Any one convicted by a magis­**

trate of an offence under section 7 of this Act shall be liable to fine not exceeding
Rs.50 or in default to simple imprisonment for a period not exceeding 10 days.

15. **Contravening notification under section 3(b)** **to be an offence;** **and**

**punishment therefor.—If any person contravenes a notification under section 3(b)**
of this Act prohibiting or restricting the removal of any plant or crop from one
place to another he shall be deemed to have committed an offence under this
Act. Any one convicted by a magistrate of such an offence shall, in addition to

confiscation and destruction of the plant or crop in respect of which the offence
was committed, be liable to a fine not exceeding Rs.50 or in default to simple im­
prisonment for a period not exceeding ten days.

**PART III**

**Miscellaneous**

16. **Compensation to occupier for trees and plants destroyed-—Where an**

occupier destroys any trees or plants or crop in obedience to a notice issued under
section 6, he may be granted compensation in accordance with such rules as may
be made under this Act.

**17.** **Compensation not payable for noxious weed destroyed.—Notwithstand­**

ing anything in this Act, no compensation shall be payable for any noxious weed
destroyed.


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18. **Protection of action taken under the Act.—(1) No suit, prosecution or**

other legal proceeding shall lie against any person for anything which is in good
faith done or intended to be done or for damage to property caused by any action
which is in good faith taken or intended to be taken in pursuance of this Act or
any rules made thereunder.

(2) Save as otherwise expressly provided under the Act, no suit or other

legal proceeding shall lie against the Government for any damage caused or likely
to be caused by anything in good faith done or intended to be done in pursuance
of this Act or any rules made thereunder.

19. **Institution of prosecutions or other legal proceedings under this Act.—**

(1) No prosecution under this Act shall be commenced except with the previous
sanction of the Director of Agriculture.

(2) No prosecution under this Act shall be commenced after six months

from the date of the alleged offence.

20. **Appointment of Inspecting Officers.—The State Government may from**

time to time appoint Inspecting Officers for the purposes of this Act.

21. **Delegation of** Powers.—The State Government may by notification in

the official Gazette delegate all or any of their powers under this Act except those
conferred by sections 3 and 22 to the Director of Agriculture or any other officer
appointed by Government.

PA RT IV

**Power to make Rules**

22. **Power of Government to make** rules.—(1) The State Government may,

subject to the condition of previous publication, make rules, for carrying into
effect the purposes of this Act.

(2) Without prejudice to the generality of the foregoing provision, such rules

may prescribe—

(a) the methods of publication of descriptions of insect pests, plant

diseases and noxious weeds and the treatment to be followed ;

(b) the qualifications required of Inspecting Officers :

(c) the procedure to be followed in making an award under section 12

and the methods and conditions of valuation of trees, plants and
crops ;

(d) the officers to whom appeals may be made, and the procedure to be

followed in respect of such appeals ;

(e) the procedure, nonces and methods of service thereof, notifications,

registers and other processes needed for effectual working of this
A ct;

ff) inclusion of seed within the definition of a pla nt;

(g) the procedure for payment of compensation under section 16 and for

all matters connected therewith ;

fh) the methods generally to carry out the purposes of this **Act.**


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