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DESTRUCTIVE INSECTS AND PESTS ACT

Ministry of Law and Justice

Act nº 2 of 1914


  • Act nº 2 of 1914

Preamble

THE DESTRUCTIVE INSECTS AND PESTS ACT, 1914

[Act, No. 2 of 1914]

[3rd February, 1914]

PREAMBLE

An act to prevent the introduction into1[India]2[and the transport from one3[State] to another]4[* * *] of any insect, fungus or other pest, which is or may be destructive to crops.

Whereas it is expedient to make provision for preventing the introduction into5[India]2[and the transport from one province to another]4[* * *]of any insect, fungus or other pest, which is or may be destructive to crops;

It is hereby enacted as follows :-

1. Substituted for Part A States and Part C States" by the Pan BStales (Laws) Act. 1951 (3 of 1951). Section 3 and Schedule w.e.f.1-4-1951.

2. Inserted by the Destructive Insects and Pests (Amendment) Act. 1938 (6 of 1938). Section 2 w.e.f.12-3-1938.

3. Substituted for 'Province' by A.L.O., 1950.

4. Words "in British India" were repealed by A.C.A.O., 1948.

5. Substituted for "the territories comprised within Part A States and Pan C Slates (hereinafter in this Act referred to as the said territories) by the Part BStates (Laws) Act, 1951 (3 of 1951) Section 3 and Schedule w.e.f.1-4-195l.


Section 1. Short title and extent

1 [( 1)] This Act may be called the Destructive Insects and Pests Act, 1914.

2 [It extends to the whole of India 3 [* * *],]

1. Section 1 was renumbered as sub-scction (l) of that Section by the Part BStates(Laws) Act, 1951 (3) of 195l), Section. 3 and Scedule w.e.f. 1-4-1951.

2. Such Section (2) was inserted, by the Part BStates(Laws) Act, 1951 (3) of 195l), Section. 3 and Scedule w.e.f. 1-4-1951.

3. Words "except the State of Jammu and Kashmir" were omitted by the jammu and Kashmir (Extension of Laws) Act, 1956 (62 of 1956),Section 2 and Scedule w.e.f 1-11-1956.


Section 2. Definitions

In this Act, unless there is anything repugnant in the subject or context, -

(a) "crops" includes all agricultural or horticultural crops 1 [and all trees, bushes or plants];

(b) "import" means the bringing or taking by sea 2 [land or air] 3 [across any customsfrontier as defined by the Central Government]; [*]4

(c) "infection" means infection by any insect, fungus or other pest injurious to a crop; 5 [*]

6 [(d) * *. * * * * * ].

1. Substituted for the words "and trees or bushes" by the Destructive Insects and Pests (Amendment) Act. 1938 (6of 1938),Section 3 w.e.f.12-3-1938.

2. Substituted for "or land" by theDestructive Insects and Pests (Amendment) Act. 1930 (20 of 1930).Section 2.

3. Inserted by A.O.. 1937.

4. Word 'and' was repealed by the Destructive Insects and Pests (Amendment) Act. 1939 (3 of 1939). Section.1 w.e.f. 2-2-1939.

5. Word 'and' omitted by A.C.A.O.. 1948.

6. Clause (d) defining 'India ' inserted by Act 3 of 1951, was omitted by the Jammu and Kashmir (Extension of Laws) Act. 1956 (62 of 1956),Section 2 and Sch. w.e.f. l-l1-1956.


Section 3. Power of Central Government to regulate or prohibit the import of articles likely to infect

(1) The 1 [Central Government] may, by notification in the 1 [Official Gazette], prohibit or regulate, subject to such restrictions and conditions as 1 [it] may impose, the import into 2 [India] or any part thereof, or any specified place therein, of any article or class of articles likely to cause infection to any crop 3 [or of insects generally or any class of insects.]

(2) A notification under this Section may specify any article or class of articles 3 [or any insect or class of insects] either generally or in any particular manner, whether with reference to the country of origin, or the route by which imported or otherwise.

4 [(3) -The Central Government may, by notification under this Section, also levy and collect such fees at such rates and in such manner as may be specified therein for making an application for a permit to import, or for making inspection, fumigation, disinfection, disinfestation or supervision of, any article or class of articles or any insect or class of insects under this Section.]

1. Substituted for "Governor-General in Council," "Gazette of India" and "he" by A.0., 1937.

2. Substituted for "the said territories" by the Part BStates (Laws) Act. 1951 (3 of 1951).Section 3 and Schedule w.e.f 1-4-1951.

3. Inserted by the Destructive Insects and Pests (Amendment) Act, 1938 (6 of 1938). Section 4 w.e.f 12-3-1938.

4. Inserted by the Destructive Insects and Pests (Amendment and Validation) Act (12 of 1992). Section 2(w.r.e.f. 27-10-1989).


Section 4. Operation of notification under 3

A notification under Section 3 shall operate as if it had been issued under Section 19 of the Sea Customs Act, 1878, and the officers of Customs at every port shall have the same powers in respect of any article with regard to the imporiation of which such a notification has been issued as they have for the time being in respect of any article the importation of which is regulated, restricted or prohibited by the law relating to Sea Customs, and the law for the time being in force relating to Sea Customs or any such article shall apply accordingly.

Section 4A. Power of Central Government to regulate or prohibit transport from 2[State] of insects or articles likely to infect

1[4A. Power of Central Government to regulate or prohibit transport from2[State] of insects or articles likely to infect.-

The Central Government may, by notification in the . Official Gazette, prohibit or regulate, subject to such conditions as the Central Government may impose, the export from a3[State] or the transportation from one3[State] to another3[State]2[* *] of any article or class of articles likely to cause infection to any crop or of insects generally or any class of insects.]

1. Inserted by the Destructive Insects and Pests (Amendment) Act. 1938 (6 of 1938),Section 5 w.e.f. 12-3-1938.

2. The words "in British India" were omitted by A.C.A.O., 1948.

3. Substituted for 'Province' by A.L.O., 1950.


Section 4B. Refusal to carry article of which transport is prohibited

1[4B. Refusal to carry article of which transport is prohibited.-

When a notification has been issued under Section4A, then, notwithstanding any other law for the time being in force, the person responsible for the booking of goods or parcels at any railway station or inland steam vessel station,-

(a) where the notification prohibits export or transport, shall refuse to receive for carriage at, or to forward or knowingly allow to be carried on, the railway or inland steam vessel from that station anything, of which import or transport is prohibited, consigned to any place2[in a3[State] other than the3[State]] in which such station is situate; and

(b) where the noification imposes conditions upon export or transport, shall so refuse, unless the consignor produces, or the thing consigned is accompanied by, a document or documents or the prescribed nature showing that those conditions are satisfied.]

1. Inserted by the Destructive Insects and Pests (Amendment) Act, 1938 (6 of 1938),Section 5 w.e.f. 12-3-1938.

2. Substituted by A.C.A.O., 1948.

3. Sustituted for 'Province' by A L.O., 1950.


Section 4C. Application of 4B to articles exported to (he Stale of Jammu and Kashmir

[Repealed by the Jammu and Kashmir (Extension of Laws) Act, 1956 (62 of 1956),Section 2 and Sch. (1-11-1956.)]

Section 4D. Power of Central Government to make rules

1[4D. Power of Central Government to make rules.-

2[(1)] The Central Government may, by notification in the Official Gazette, makes rules prescribing the nature of the documents which shall accompany any article or insect the export or transport whereof is subject to conditions imposed under Section 4A, or which shall be, held by the consignor or consignee thereof, the authorities which may issue such documents and the manner in which the documents shall be employed :

2[* * * * ]

2[(2) Every rule made by the Central Government under this Section shll be laid, as soon as may be after it is made, before each House of Parliament while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if before the expiry of the session immediately following the session or successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modificatin or annulment shall be without prejudice to the validity of anything previously done under that rule.]

1. Inserted by the Destructive Insects and Pests (Amendment Act, 1938 (6 of 1938). Section 5 w.e.f. 12-3-1938.

2. Section 48A re-numbered as sub-section (1), Proviso omitted and sub-section (2) inserted by the Delegated Legislation Provisions (Amendment!) Act (4 of I986), Section 2, Schedule w.e.f. I5-5-86.


Section 5. Power of Slate Government to make rules

(1) The1[State Government] may1[by notification in the official Gazette,]2[* * *] make rules for the detention, inspection, disinfection or destruction3[of any insect or class of insects or] of any article or class of articles4in respect of which a notification has been issued under Section 33[or under Section4A] or of any article which may have been in contact or proximity thereto, and for regulating the powers and duties of the officers whom it may appoint in this behalf.

(2) In making any rule under this Section the1[State Government] may direct that a breach thereof shall be punishable with fine, which may extend to one thousand rupees.

5[(3) Every rule made by the State Government under this Section shall be laid, as soon as may be after it is made, before the State Legislature.]

1. Substituted for "Provincial Government" by A. L.O., 1950.

2. Words "subject to the control of the Governor-General in Council" were omitted by A.O.. 1937.

3. Inserted by the Destructive Insects and Pests (Amendment) Act. 1938 (6 of 1918),Section 6 w.e.f. 12-3-1938.

4. For Infected Articles (Detention. Inspection, Disinfection and Destruction) Rules in the States of Kerala. Mysore, Andhra Pradesh and Maharashtra and the Union Territory of Himachal Pradesh now a State, sec Ker. Gaz.. 8-11-1960, Part. I,Section 4, p. I (G. 3261); Mys. Gaz., 29-8-1963, Part IV.Section 1(c)(ii). p. 2303; A.P. Gaz. 23-1-1964. Part II. R.S., p. 23; Maha. Gaz.. 28-5-1964. Part IV-B, p. 525 and H. P. Gaz.. 19-11-1960, Part ll, p. 1014, respectively.

For U. P. Infected Plants and Plant Materials Rules, 1948 and U. P. Plants and Plant Materials (Inspection and Examination) Rules. 1948. see U. P. Gaz.,. 1948. Part I-A. pp. 537 and 538. .

5. Inserted by the Delegated Legislation Provisions (Amendment) Act (4 of 1986),Section 2. Schedule w.e.f. 15-5-86.


Section 5A. Penalties

1[5A. Penalties.-

Any person who knowingly exports any article or insect from a2[State] or transports any article or insect from one2[State] to another3[* *] in contravention of a notification issued under Section4A, or attempts so to export or transport any article or insect4[* * *] and any person responsible for the booking of goods or parcels at a railway or inland steam vessel station who knowingly contravenes the provisions of Section 4B shall be punishable with fine which may extend to two hundred and fifty rupees and, upon any subsequent conviction with-fine which may extend to two thousand rupees.]

1. Inserted by the Destructive Insects and Pests (Amendment) Act, 1938 (6 of 1938).Section 7 w.e.f. 12-3-1938.

2. Substituted for 'province' by A.L.O., 1950.

3. Words "in British India" were omitted by A.C.A.O.. 1948.

4. Words "or exports or attempts to export from India to the State of Jammu and Kashmir any article or insect in respect of which a notification under Section 4C has been issued" were omitted by the Jammu and Kashmir (Extension of Laws) Act. 1956 (62 of 1956),Section 2 and Schedule w.e.f. 1-11-1956.


Section 6. Protection to persons acting under Act

No suit, prosecution or other legal proceedings shall lie against any person for anything in good faith done or intended to be done under this Act.

"Prior to the passing of the Indian Independence Act. 1947. British diplomatic and consular officers performed notarial duties in respect of Indian nationals abroad and charged fees therefor and for Other consular functions for which fees were leviable. They were also authorised to administer oaths. Legal authority for the exercise of these functions existed in the Consular Salaries and Fees Act, 1891, and the Commissioners for Oaths Act, 1889, passed by the English Parliament.