The Bombay Agricultural Pests and Diseases (Maharashtra) Rules, 1963
Published vide Notification No. G. N., A.F. & C.D., No. Act. 1761/9530-A, dated 19th January, 1965 (M.G., Part 4B, p. 482)
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| LEGISLATIVE HISTORY 6 |
In exercise of the powers conferred by section 17 of the Bombay Agricultural Pests and Diseases Act, 1947 (Bombay XLIII of 1947), and of all other powers enabling it in that behalf, the Government of Maharashtra hereby makes the following rules, the same having been previously published as required by sub-section (3) of section 17 of the said Act:-
- Short title.- These rules may be called the Bombay Agricultural Pests and Diseases (Maharashtra) Rules, 1963.
- Definitions.- In these rules, unless the context otherwise requires,-
(a) "Act" means the Bombay Agricultural Pests and Diseases Act, 1947;
(b) "Form" means a Form appended to these rules;
(c) "Section" means a section of the Act.
- Service of notices.- Notices is under section 5 or 8 shall be served on the occupier of the land or premises in the notified area in the manner laid down in subclauses (a) and (b) of clause (i) of sub-section (2) of section 12B for the service of orders made under that section.
- Procedure for conducting enquiry under section 11.- (1) On receipt of any claim for compensation under section 10, the Assessor shall register the same in a Register of Claims to be maintained by him.
(2) The Assessor shall then fix a date, not later than thirty days from the date of receipt of the claim, for the inquiry of the claim and notify such date and place of enquiry to the claimant who shall be asked to appear before the Assessor on the day so fixed with all the material evidence in support of his claim.
(3) The date of enquiry in respect of each claim shall also be notified to the Inspector and village officers of the locality, who shall likewise be asked to appear before the Assessor on such date and place, and give such evidence on the points enumerated in rule 7 as may be required by the Assessor.
(4) Wherever practicable, the Assessor shall, during the course of enquiry, visit the land or lands in respect of which the claim has been preferred.
(5) After due consideration of evidence recorded by him in accordance with this rule, the Assessor shall pass his award.
- Remuneration to persons for services rendered under section 12A.- When any person is cattle upon to render service under clause (b) of sub-section (1) of section 12A, he shall be entitled to payment of wages as may be determined by the Collector. In determining the rate of wages, the Collector shall take into consideration the prevailing wage level in the locality for the nature of the work involved.
- Appellate Authority and procedure for appeals under section 12C.- (1) Every order passed by the Collector under section 12B including any order determining compensation for requisitioning vehicles shall be appealable to the Commissioner.
(2) Such appeal shall set forth concisely the grounds of objections and shall be accompanied by a copy of the order against which the appeal is made.
- Determination of value of crop plants or trees.- For the purposes of determining the value of any crop, plants or trees destroyed or caused to be destroyed under the provisions of the Act, the Assessor shall take into consideration the following:-
(a) probable average yield in the locality;
(b) nature of the crop, that is to say, food, condiment, fruits, trees, fibre and the like;
(c) prevailing prices of the produce or timber in the locality, due regard being had to the controlled prices, if any;
(d) stage of the crop at the time the destruction was ordered;
(e) approximate price of the crop, plant, tree or other produce, if it had been in existence.
- Forms.- (1) The notice under section 5 to enter upon any land or premises shall be in Form I.
[(2) Where the costs are recoverable from any occupier under sub section (2) of section 7 or under sub-section (3) of section 7A, the Inspector shall serve on such occupier a notice of demand in Form II.]
(4) The notice under section 8 giving estimate of the value of crop, plants or trees destroyed shall be in Form IV.
(5) The proclamation under clause (a) of sub-section (1) of section 12A calling upon persons to render assistance in carrying out preventive or remedial measures and in the destruction of locusts shall be in Form V.
(6) The proclamation under clause (b) of sub-section (1) of section 12A calling upon persons to present themselves at a specified time and place before a specified authority shall be in Form VI.
(7) The order under sub-section (1) of section 12B for requisitioning vehicles shall be in Form VII,
(8) The notice under sub-section (6) of section 12B for taking delivery of a vehicle released from requisition shall be in Form VIII.
(9) [* * *]
(10) Every Inspector shall maintain a register of notices of demand of costs, issued under section 7, in Form X.
- Repeal and saving.- On the commencement of these rules, the Bombay Agricultural Pests and Diseases rules, 1956 and the Central Provinces and Berar Agricultural Pests and Diseases Rules, 1947 shall stand repealed, except as respects things done or omitted to be done before such repeal.
Form I
[See rule 8(1)]
To,
..................
..................
Notice is hereby given under section 8 of the Bombay Agricultural Pests and
| Diseases Act, 1947, that the undersigned will enter upon the | land
premises |
specified in the Schedule appended hereto after 24 hours from the time of the service of this notice upon you for the purpose of ascertaining whether there is any insect
| pest, plant disease or noxious weed on such | land
premises |
and whether the |
| preventive
remedial |
measures mentioned in Notification No.............................. |
dated the 19 issued under section 3 of the said Act and published in the Maharashtra Government Gazette, dated the ..............19........, have been carried out.
Schedule
| (Here enter particulars of | land
premises |
Dated the.............19
Inspector.
[Form II]
[See rule 8(2)]
Notice of Demand for Payment of Costs
To,
Shri/Smt./Kumari.................................
(Here enter the name and address of the occupier)
| Whereas | the preventive or remedial measures
the preventive or remedial measures and other steps |
described in Part I of the Schedule appended hereto have |
| been | carried out by me under sub-section (1) of section 7
carried out or taken by me under sub-section (2) of section 7A |
of the Bombay Agricultural Pests and Diseases Act, 1947 (Bombay XLIII of 1947) |
| (hereinafter referred to as "the said Act") on the | land
premises |
in your | occupation (being the | land
premises |
described in Part II of the aforesaid Schedule). |
[And whereas, under sub-section (2) of section 7] of the said Act, an amount of Rs.............is payable by you as the costs of the aforesaid preventive and remedial measures;
[And whereas, as required by sub-section (3) of section 7A] of the said Act, an amount of Rs...................has been assessed by me as the amount payable by you in accordance with the directions contained in [Government Notification, Agriculture and Co-operation Department,] No , dated the [............] the notification No.................., dated the............issued by the (here mention the designation of the officer issuing the notification).........................published in the Maharashtra Government Gazette, Part............, dated.......................in respect of the aforesaid preventive or remedial measures and other steps carried out or taken by me;
Now, therefore, I hereby give you notice that the said amount should be paid by you within............days from the service of this notice on you, failing which the said amount shall be recovered from you as an arrear of land revenue.
Schedule
[Part I]
(Here describe the preventive or remedial measures carried out or other steps taken)
Part II
(Here describe the land or premises)
Inspector ....................... (Signature)
Form IV
[See rule 8(4)]
To
.................... ....................
| Whereas in carrying out the | *preventive
*remedial |
measures mentioned in the |
Notification No.......................... dated the................ 19....issued under section 3 of the Bombay Agricultural Pests and Diseases Act, 1947, and published in the Maharashtra Government Gazette, dated the.........................19 the crop,
| plants and trees which were grown on your | *land
*premises |
have been destroyed. |
Particulars of the crop, plants and trees so destroyed and an estimate of their value at the time of their destruction are given in the Schedule appended hereto as required by section 8 of the said Act.
Schedule
(Here enter particulars of the crop, plants and trees destroyed and an estimate of their value.)
Dated the..........................19
Inspector.
*Strike out whichever is not applicable.
Form V
[See rule 8(5)]
Proclamation
Whereas the notified area, namely.......................................................
| * is invaded
* is in danger of an invasion |
by locusts; |
| Now, therefore, with a view to facilitating | * preventive
* remedial |
measures against locusts |
| I .............................................. | * the Collector, .......................
* the officer appointed by the |
| .............................District,
Collector,.......................District, |
in exercise of the powers conferred by |
clause (a) of sub-section (1) of section 12A of the Bombay Agricultural Pests and Diseases Act, 1947, by this proclamation, call upon all male persons not below the age of 14 and above the age of 60 years residing in the said notified area [other than those who are exempted under the proviso to clause (a) of sub-section (1) of the
| said section 12A] to render all possible assistance in carrying out the | * preventive
* remedial |
measures and in the destruction of locusts. |
| * Collector,..................................District.
* Officer appointed by the Collector,.............................:.....District. |
*Strike out whichever is not applicable.
Form VI
[See rule 8(6)]
Proclamation
Whereas the notified area, namely................................................
| * is invaded
* is in danger of invasion |
by locusts; |
| Now, therefore, with a view to facilitating | * preventive
* remedial |
measures against locusts, |
| I..................................................... | * the Collector.........................
* the officer appointed by the |
| ..................................District,
Collector,........................District, |
in exercise of the powers conferred |
by clause (b) of sub-section (1) of section 12A of the Bombay Agricultural Pests and
| Diseases Act, 1947, by this proclamation, require | * all male persons
* the following male persons |
not below the age of 18 and above the age of 60 years |
and residing in the said notified area [other than those who are exempted under the proviso to clause (b) of subsection (1) of the said section 12A] to present themselves at
....................................... (time and place to be specified) to
...............................................officer (designation of the officer to be mentioned) and to render such service and for such time as may be required of them by the said officer :-
| 1 | |
| 2 | |
| 3 | |
| 4 | |
| 5 | |
| 6 | |
| etc. | * Collector,..........................................................District. |
* Officer appointed by the Collector,........District.
* Strike out whichever is not applicable.
Form VII
[See rule 8(7 )]
| Whereas the notified area, namely.............. | is invaded
* is in danger of invasion |
by locusts; |
| Now, therefore, with a view to facilitating | *preventive
*remedial |
measures against locusts, |
I,..........................................................................................................................*the Collector,............................................................................District, *the Officer appointed by the Collector,...................................................District, in exercise of the powers conferred by sub-section (1) of section 12B of the Bombay Agricultural Pests and Diseases Act, 1947, hereby call upon you to place the..................(description of the vehicle) owned by you in possession of ...................................(office to be specified) forthwith.
| * Collector,...................................................District.
* Officer appointed by the Collector,..........................District, |
Form VIII
[See rule 8(8)]
Whereas the................................of.............................Taluka..................District....................is hereby informed under sub-section (6) of section 12B of the Bombay Agricultural Pests and Diseases Act, 1947, that his vehicle,.............(description of vehicle) requisitioned under Order, dated the 19...., is no longer required and is, therefore, released from requisition. He is hereby called upon to take delivery of the said vehicle on or before....................(insert date) from (designation of officer to be specified) at.(place to be specified); [No compensation will be paid for the vehicle from the date the delivery thereof is taken or the date before which the owner is required to take delivery, whichever is earlier.]
| Collector,....................................District.
Officer appointed by the Collector,..............District. |
Form IX [ * * * ]
Form X
[See rule 8(10)]
Register of notices of demand of costs issued under section 7(3)
| Serial No. | Village | Name of occupier | No. and date of notice issued under section 6(1) | Date on which preventive/remedial measures were carried out by Inspector | Costs (in detail) of preventive/remedial measures carried out by Inspector | Date of issue of notice of demand of costs | Date of receipt of costs from occupier | Date of credit of costs and head of credit | Remarks |
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 |
