The Gujarat Agricultural Pests and Diseases Act, 1980

{
    "id": 16759,
    "slug": "gujarat-agricultural-pests-and-diseases-act-1980",
    "title": "The Gujarat Agricultural Pests and Diseases Act, 1980",
    "short_title": "The Gujarat Agricultural Pests and Diseases Act, 1980",
    "act_number": "Gujarat Act No. 7 of 1980",
    "act_year": 1980,
    "act_type": "STATE",
    "location": "Gujarat",
    "law_status": "unknown",
    "enactment_date": null,
    "description": "The Gujarat Agricultural Pests and Diseases Act, 1980",
    "preamble": "",
    "section_label": "Section",
    "sections": [
        {
            "number": "1",
            "title": "1. Short title, extent and commencement.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 0
        },
        {
            "number": "2",
            "title": "2. Definitions.",
            "chapter": null,
            "content": "(1) \"Assessor\" means an Assessor appointed under section 19;\n(2) \"insect pest\" means any pest declared to be an insect pest by a notification under section 3;\n(3) \"Inspector\" means an Inspector appointed under section 19;\n(4) \"notified area\" means any area specified in the notification issued under section 3 in which a declaration made under the said section is in force;\n(5) \"noxious weed\" means any weed declared to be a noxious weed by a notification under section 3;\n(6) \"occupier\" means the person having for the time being the right of occupation of any land, water or premises, or his authorized agent or any person in actual occupation of the land, water or premises;\n(7) \"pest\" means any insect or other invertebrate animal;\n(8) \"plant\" includes the fruit, leaves, bark, cuttings and any living portion of a plant but does not include the seed:\n(9) \"plant disease\" means any fungoid, bacterial or parasitical or other disease declared to be a plant disease by a notification under section 3;\n(10) \"prescribed\" means prescribed by rules made under section 22.",
            "footnote": "",
            "is_definition": true,
            "sort_order": 1
        },
        {
            "number": "3",
            "title": "3. Power to declare insect pests, plant diseases and noxious weeds and to direct measures to eradicate or prevent them.",
            "chapter": null,
            "content": "(i) declare that such pest, disease or weed is an insect pest, plant disease or noxious weed;\n(ii) specify the local area within which and the period during which such declaration shall remain in force;\n(iii) prohibit or restrict the movement or removal of any plant, tree, soil or manure from one place to another within or outside such area; and\n(iv) direct the carrying out of such preventive or remedial measures including the destruction of any insect pest, plant disease or noxious weed or the planting or destruction of any crops, plants or trees within the period specified in such notification as the State Government may deem necessary, in order to eradicate such pest, disease or weed or to prevent its introduction, spread or re-appearance:\n(a) by itself through its own officers, or\n(b) by such persons or institution including the occupier and in such manner as the State Government may specify in such notification, and the cost of any measures so carried out-\n(i) by the officers shall be payable to the State Government, and\n(ii) by the persons or the institutions shall be payable to the persons or as the case may be, the institutions, by each occupier in the local area to such extent, in such proportion and within such time, as the State Government may, by order determine.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 2
        },
        {
            "number": "3",
            "title": "4. Duties of occupier on the issue of a notification under section 3.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 3
        },
        {
            "number": "5",
            "title": "5. Power of Inspector to enter upon any land, water or premises.",
            "chapter": null,
            "content": "(i) whether there is any insect pest, plant disease or noxious weed on such land, water or premises;\n(ii) whether the preventive or remedial measures mentioned in a notification issued under section 3 have been carried out, or anything has been done in contravention of such notification.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 4
        },
        {
            "number": "6",
            "title": "6. Power of Inspector to carry out preventive or remedial measures on failure of occupier to do so.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 5
        },
        {
            "number": "7",
            "title": "7. Recovery of cost from the occupier.",
            "chapter": null,
            "content": "(i) the costs include charges for items other than the cost of labour, material or use of implements; or\n(ii) the charges for labour or material or use of implements are unreasonably high.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 6
        },
        {
            "number": "8",
            "title": "8. Compensation for destruction of trees or plants.",
            "chapter": null,
            "content": "(a) any tree which is infected with an insect pest or plant disease, or\n(b) any plants some or all of which are infected with insect pest or plant disease and which are grown so closely together that it is not practicable to treat each plant individually, or\n(c) any plants or trees, which though not infected at the time with an insect pest or a plant disease are, in the opinion of the officer, person, institution or, as the case may be, Inspector, liable to such infection, the officer, person, institution or as the case may be, Inspector shall give notice to the occupier of the land or premises on which such trees or plants were grown stating particulars of the trees or plants destroyed and estimate of their value.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 7
        },
        {
            "number": "9",
            "title": "9. Compensation for trees or plants destroyed by occupier.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 8
        },
        {
            "number": "10",
            "title": "10. Procedure for claims for compensation.",
            "chapter": null,
            "content": "(i) the notice given under sub-section (1) of section 8, if the claim is made under the said section, or\n(ii) the destruction of the tree or plant, as the case may be, if the claim is made under section 9.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 9
        },
        {
            "number": "11",
            "title": "11. Award of Assessor; Appeal.",
            "chapter": null,
            "content": "(a) for every destroyed tree of the kind referred to in clause (a) of sub-section (1) of section 8, not exceed one-half of the value of the said tree;\n(b) for every destroyed plant of the kind referred to in clause (b) of sub-section (1) of section 8, not exceed the three-fifths of its value; and\n(c) for every destroyed plant or tree of the kind referred to in clause (c) of subsection (1) of section 8, be its full value:\n(i) any noxious weed destroyed;\n(ii) any cotton plant destroyed in order to eradicate or prevent the introduction or reappearance of any insect pest or plant disease;\n(iii) the destruction of trees and plants infected with any insect pest or plant disease which in the opinion of the Inspector contracted infection due to the negligence of the occupier in carrying out the preventive or remedial measures mentioned in the notification issued under section 3.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 10
        },
        {
            "number": "12",
            "title": "12. Duty of certain village officers to report appearance of insect pest, plant disease or noxious weed.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 11
        },
        {
            "number": "13",
            "title": "13. Public to assist and to render service in carrying out preventive or remedial measures including destruction of locusts in case of locust menace.",
            "chapter": null,
            "content": "(a) call upon all male persons not below the age of 18 and above the age of 60 years and residing in the notified areas to render all possible assistance in carrying out preventive or remedial measures and in the destruction of locusts:\n(b) require all or any male persons not below the age of 18 and above the age of 60 years and residing in the notified area to present themselves at such time and at such place and to such authority as may be specified in the proclamation and to render such service and for such time as may be required of them by the authority to whom they have presented themselves in pursuance of such proclamation:",
            "footnote": "",
            "is_definition": false,
            "sort_order": 12
        },
        {
            "number": "14",
            "title": "14. Power to requisition vehicles in case of locust menace.",
            "chapter": null,
            "content": "(a) if it is an order affecting a corporation or a firm, be served in the manner provided for the service or a summons in rule 2 of Order XXIX or rule 3 of Order XXX as the case may be, in the First Schedule of the Code of Civil Procedure, 1908 (V of 1908),\n(b) if it is an order affecting an individual owner other than a corporation or a firm, be served on the owner-\n(i) by personally delivering it to him, or\n(ii) by sending it to him by post, or\n(iii) where the owner cannot be found, by leaving an authentic copy of the order with some adult male member of the family or by affixing such copy to some conspicuous part of the premises in which he is known to have last resided or carried on business or worked for gain;\n(c) if the ownership of the vehicle to be requisitioned is in dispute, be published in the Official Gazette .\n(ii) Where a question arises whether a person or owner was duly informed of an order made in pursuance of sub-section (1) compliance with the requirements of this sub-section shall be conclusive proof that he was so informed; but failure to comply with the said requirements shall not preclude proof by other means that he was so informed or affect the validity of the order.\n(a) require any person to furnish to such officer or authority as may be specified in the order such information in his possession relating to the vehicle as may be specified;\n(b) direct that the owner or the person in possession of the vehicle shall not without his permission dispose it of or remove it till the expiry of such period as may be specified in the order from the premises or the place in which it is kept.\n(a) \"owner\" includes, in relation to a vehicle which is the subject of a hire purchase agreement, the person in possession of the vehicle under the agreement;\n(b) \"vehicle\" means any vehicle used or capable of being used for the purpose of transport of person or goods upon roads, whether propelled by mechanical power or not.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 13
        },
        {
            "number": "14",
            "title": "15. Appeal against order passed under section 14.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 14
        },
        {
            "number": "16",
            "title": "16. Special powers of entry and inspection.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 15
        },
        {
            "number": "17",
            "title": "17. Penalty.",
            "chapter": null,
            "content": "(a) any officer or person exercising any powers or performing any duties conferred or imposed on him by or in pursuance of the provisions of this Act or otherwise discharging any lawful functions in connection with preventive or remedial measures taken or to be taken against locusts under the provisions of this Act, or any proclamations, orders or directions made or given thereunder, or\n(b) any person who is carrying out the orders or directions of any such officer or person as aforesaid or who is otherwise acting in accordance with his duty in pursuance of this Act or any proclamations, orders or directions made or given thereunder,",
            "footnote": "",
            "is_definition": false,
            "sort_order": 16
        },
        {
            "number": "18",
            "title": "18. Special procedure regarding trial of certain offences.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 17
        },
        {
            "number": "19",
            "title": "19. Appointment of Inspectors and Assessors.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 18
        },
        {
            "number": "20",
            "title": "20. Bar of suit or other legal proceedings.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 19
        },
        {
            "number": "21",
            "title": "21. Delegation of power.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 20
        },
        {
            "number": "22",
            "title": "22. Power to make rules.",
            "chapter": null,
            "content": "(i) the form and manner in which, and the time within which, notice under section 5 shall be given;\n(ii) the manner of making an inquiry under sub-section (1) of section 11:\n(iii) payment to which persons referred to in sub-section (3) of section 13 shall be entitled;\n(iv) the authority to which an appeal against an order passed by the Collector shall be made under sub-section (1) of section 15;\n(v) any other matter which is to be or may be prescribed, by rules under this Act.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 21
        },
        {
            "number": "23",
            "title": "23. Repeal and savings.",
            "chapter": null,
            "content": "(a) the Bombay Agricultural Pests and Diseases Act, 1947 (Bombay XLI1I of 1947), and\n(b) the Gujarat Agricultural Pests and Diseases Ordinance, 1980 (Gujarat Ordinance 5 of 1980) shall stand repealed:",
            "footnote": "",
            "is_definition": false,
            "sort_order": 22
        }
    ],
    "metadata": {
        "Act ID": "guj007",
        "Act Number": "Gujarat Act No. 7 of 1980",
        "Enactment Date": "",
        "Act Year": "1980",
        "Short Title": "The Gujarat Agricultural Pests and Diseases Act, 1980",
        "Type": "STATE",
        "Location": "Gujarat"
    },
    "updated_at": "2026-09-29 21:52:46"
}