The Destructive Insects And Pests Act, 1914

The Destructive Insects And Pests Act, 1914

The Destructive Insects And Pests Act, 1914

[ACT No.2 OF 1914]

[3rd February, 1914.]

An Act to prevent the introduction into 1[ India] 2[and the transport from one province to another] 3[***] 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 into 4[ India] 5[and the transport from one province to another 3of any insect , fungus or other pest, which is or may be destructive to crops;

It is hereby enacted as follows:—

1. “Subs. by Act 3 of 1951, s.3 and Sch., for “Part A States and Part C States”.

2. The words ” and the transport from one province to another in” were ins.by the Act 6 of 1938, s.2.

3. The words “in British India ” were rep.by the A.O.1948.

4. Subs. by Act 3 of 1951, s.3 and Sch., for “the territories comprised within Part A States and Part C States (hereinafter in this Act referred to as the said territories)”.

5. The words ” and the transport from one province to another in” were ins. by the Act 6 of 1938, s.2.

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 customs frontier as defined by the Central Government]; {The words “and” was rep.by Act 3 of 1939.}

(c) ” Infection” means infection by any insect, fungus or other pest injurious to a crop; 4

5[(d) ” India” means the territory of India excluding the State of Jammu and Kashmir.]

1. Subs. by s.3 of Act 6 of 1938, for “and trees or bushes”.} 2. Subs. by Act 20 of 1930, s.2, for “or land”.

3. Ins. by the A.O.1937. For definition of customs frontier, see s.3A of the Sea Cistp,s Act.1878 (8 of 1878) and Gazette of India , Part II, section 3, dated 6th August, 1955 , page 1521.

4. The words “and” and clause (d) which had been ins. by Act 3 of 1939 were rep. by the A.O.1948.

5. Subs. by Act 3 of 1951, s.3 and Sch., for the former clause.

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

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

(2) A notification under this section may specify any article or class of articles 2[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.

1. Subs. by Act 3 of 1951, s.3 and Sch., for “the said territories”.

2. Ins. by Act 6 of 1938, s.4.

4. Operation of notification under section 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 importation of which such a notification has been issued as they have for the time being in respect of any article the important 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.

4A. Power of Central Government to regulate or prohibit transport from State to State of insects or articles likely to infect:

1[4A. Power of Central Government to regulate or prohibit transport from State to 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 a State or the transport from one State to another 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. Ss.4A to 4D were ins. by Act 6 of 1938, s.5.

2. The words “in British India ” were rep.by the A.O.1948

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

When a notification has been issued under section 4A, then, notwithstanding any other law for the time being in force, the person responsible for the booking of goods or parcels at any railway stations 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 place in a State other than the State in which such station is situate; and

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

4C. Application of section 4B to articles exported to the State of Jammu and Kashmir :

Where by or under any law in force in 1[the State of Jammu and Kashmir], the import into that State of any crop or of any article likely to cause infection to any crop or of any insect has been prohibited, the Central Government may, by notification in the Official Gazette, declare that the provisions of section 4B shall apply in respect of any such article or interest consigned from any place in 2[India] to any place in that State:

Provided that 3[the said State] prohibits the export to 4[India] of any article or insect or class of insects the import of which into 5[India] has been prohibited by the Central Government.

1. Subs. by Act 3 of 1951, s.3 and Sch., for “any Part B State”

2. Subs. by Act 3 of 1951, s.3 and Sch., for “the said territories”.

3. Subs. by Act 3 of 1951, for ” such Part B State”.

4. Subs. by Act 3 of 1951, s.3 and Sch., for “the said territories”.

5. Subs. by Act 3 of 1951, s.3 and Sch., for “the said territories”.

4D. Power of Central Government to make rules:

The Central Government may, by notification in the Official Gazette make 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:

Provided that the said notification shall be placed, as soon as may be on the table of 1[Parliament].

1. The words “both chambers of” were rep by the A.O.1948.) (Subs. y the A.O.1950, for “the Central Legislature”.

5. Power of State Government to make rules:-

(1) The State Government may 1make rules for the detention, inspection, disinfection or destruction2[of any insect or class of insects or] of any article or class of articles in respect of which a notification has been issued under section 3] 2[or under section 4A] 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 the State Government may direct that a breach thereof shall be punishable with fine, which may extend to one thousand rupees.

1. The words “subject to the control of the G.G.in C.” were rep.by the A.O.1937.

2. Ins. by Act. 6 of 1938, s.6.

5A. Section 5A

1 [5A.

Any person who knowingly exports any article or insect from a State or transports any article or insect from one State to another 2in contravention of a notification issued under section 4A, or attempts so to export or transport any article or insect or export or attempts to export 3[from India to the State of Jammu Kashmir ] any article or insect in respect of which a notification under section 4C has been issued, 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. Ins. by the Destructive Insects and Pests (Amendment) Act, 1948 (6 of 1938), S.7.

2. The words “in British India ” were rep. by the A.O.1948.

3. Subs. by Act 3 of 1951, s.3 and Sch., for “from the State to a Part B State”.

6. Protection to person acting under Act:

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

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