Amendment status not verified — confirm the current text below against the official source.
(1) The Government may, after previous publication, by notification in the Official Gazette, make rules for carrying out the purpose of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely,--- (a) the manner in which any notice or order issued or made under this Act is to be served or the conditions under which such notice or order shall be deemed to have been served; (b) the form in which an appeal under sub-section (1) or sub-section (2) of section 10 shall be filed; 412 (c) the officers other than village officers who shall make a report under section 13; (d) such other matters as are required to be or may be, prescribed. (3) Any rule made under this Act may provide that a contravention of any such rules shall be punishable with fine which may extend to fifty rupees. (4) Every rule made under this section shall be laid, as soon as may be after it is made, before the Legislative Assembly of Puducherry while it is in session for a total period of fourteen days which may be comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, the Legislative Assembly agrees in making any modification in the rule or the Legislative Assembly agrees 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 modification or annulment shall be without prejudice to the validity of anything previously done under that rule. _________ STATEMENT OF OBJECTS AND REASONS FOR ACT NO.16 OF 1970 At present there is no law for effectively preventing the spread or reappearance of plant disease, plant pests, plant parasite and noxious weed in the Union territory of Puducherry. To achieve this object and also to have an uniform legislation throughout India, the Government of India have prepared a model Bill and sent to the State Governments and Union territories to make suitable legislation for controlling plant pests and diseases. Accordingly, the present Bill has been framed on the lines of the model Bill and the said Bill seeks to achieve the above objects. _______ 413 NOTES ON CLAUSES Clause 1 – This is a title clause and defines the jurisdiction of the Act. The Government is empowered to fix the date of enforcement of the Act. Clause 2 – This clause defines the various terms occurring in the Bill. Clause 3 – This clause empowers the Government by notification in the Official Gazette to declare any area to be an affected area for such period as may be specified if the Government considers that any disease, pest, parasite or weed in any area is injurious to plants or is likely to contaminate water supply etc. Clause 4 – This clause empowers the Government by notification in the Official Gazette to appoint Inspecting Officers for such local areas as may be specified in the notification. Clause 5 – This clause empowers the competent authority to issue notice on or after the issue of notification under clause 3 directing every occupier within the affected area to carry out such preventive or remedial measures (including the removal or destruction of plants which are infested or likely to be infested) as the competent authority may specify. Provision has been made to call upon any male person who is physically fit not being below the age of eighteen years and residing within the affected area to render assistance in carrying out the remedial measures, such as eradication, destroy, or prevent the introduction, spread, or reappearance of any plant disease, plant pest, plant parasite or noxious weed. Clause 6 – This clause deals with the duties of occupier on the issue of notice under clause 5. Clause 7 – This clause empowers the Inspecting Officer after giving reasonable notice to the occupier to enter upon any land or premises situated in the affected area for the purpose of ascertaining whether there is any plant disease, plant pest, plant parasite or noxious weed and whether any preventive or remedial measures specified under sub-clause (1) of clause 5 have been carried out. 414 Clause 8 – This clause empowers the Inspecting Officer to carry out prevention or remedial measures and to recover the cost of the same from the occupier who has not complied with the instructions. Clause 9 – This clause deals with the powers of the Government to carry out preventive and remedial measures in emergent situations. It empowers the Government to recover from the occupier the expenditure incurred for such preventive or remedial measures. If the occupier fails to pay the amount so assessed, the amount shall be recoverable from him as an arrear of land revenue. Clause 10 – This clause provides for appeal, to the competent authority, against the orders of the Inspecting Officers within thirty days from the date of service of the order. The order passed by the competent authority in appeal is final. Clause 11 – This clause empowers the Government to take penal action against a person who contravenes the provisions of the Act referred to in sub-clause (1) and he is liable to fine not exceeding fifty rupees for the first offence and which may extend to two hundred and fifty rupees for the second and subsequent offences. Clause 12 – This clause lays down that no magistrate shall take cognisance of an offence under this Act except upon a complaint made by an Inspecting Officer. Clause 13 – This clause makes it obligatory on the village officers and such other officers as may be prescribed to report the existence of the plant diseases, plant pests etc., to the competent authority who shall after making such enquiry, make a further report to the Government. Clause 14 – This clause bars suits prosecutions or other legal proceedings against the Government or any of its officers in respect of anything done or intended to be done in good faith under this Act. Clause 15 – This clause empowers the Government by notification in the Official Gazette to delegate to any officer or authority all or any of the powers (except the rule- making powers) conferred on him under this Act to be exercised subject to such restrictions and conditions as may be specified in the notification. Clause 16 – This clause empowers the Government to make rules for carrying out the purposes of this Act. Sub-clause (3) empowers the Government to provide by rules that a contravention of any rule shall be punishable with fine which may extend to fifty-rupees. The rules framed under this Act shall be laid before the Legislative Assembly. ________