(W.P. Ordinance XXVIII of
1959)
[11 May 1959]
An
Ordinance to amend and consolidate the law relating to the eradication of
agricultural pests in the province of [3][3][the
Punjab]
Preamble.— WHEREAS it is expedient to amend and
consolidate the law relating to the eradication of agricultural pests in the
province of [4][4][the Punjab];
Now,
THEREFORE, in pursuance of the Presidential Proclamation of the seventh day of
October, 1958, and in exercise of all powers enabling him in that behalf, the
Governor of West Pakistan is pleased to make and promulgate the following
Ordinance—
1. Short title, extent and commencement.— (1) This Ordinance may be called [5][5][the Punjab] Agricultural Pests Ordinance,
1959.
(3) It shall come into force[8][8] in such area or areas and from such date or
dates as Government may, by notification specify.
2. Definitions.— In this Ordinance, unless the context
otherwise requires, the following expressions shall have the meanings hereby
respectively assigned to them, that is to say:-
(a) “affected area” means any area affected by an
agricultural pest;
(b) “agricultural pest” means a pest mentioned in
the Schedule to this Ordinance;
(c) “crops” include all agricultural or
horticultural crops and all trees, bushes or plants;
(f) “Inspector” means an officer appointed under
this Ordinance to perform the functions of an Inspector;
(g) “occupier” means the person in actual
possession of land and includes the manager or managing agent or any other
person authorised to represent the occupier [11][11][or land holder on lease or tenant or pattadar, etc.];
(h) “preventive measures” means measures
prescribed by Government to eradicate and to prevent the spread of any
agricultural pest; and
(i) “prescribed” means prescribed by rules made
under this Ordinance.
(a) the employment of such methods of cultivation
as help the spread of agricultural pests either generally or with respect to
any particular crop;
4. Occupier to carry out preventive
measures.— Every occupier of
land in which any crop is cultivated shall be bound to carry out the preventive
measures prescribed in respect of such crop or crops.
5. Appointment of Inspectors.— Government may, by notification[14][14], appoint such persons as it thinks fit to be
Inspectors for the purposes of this Ordinance, within each such local area as
may be specified, and the persons so appointed shall be deemed to be public
servants within the meaning of section 21 of the Pakistan Penal Code[15][15].
6. Powers of Inspector.— An Inspector may, subject to any rules[16][16] made in this behalf by Government—
(a) at any time enter and
inspect any land, building, place, vessel or vehicle for the purpose of
exercising the powers or performing the duties conferred or imposed on him by
or under this Ordinance;
(b) seize any infested [17][17][/infected] crop and destroy or cause to be destroyed such crop in such
manner as [18][18][he deems fit];
(c) seize any infested crop or
by a requisition in writing direct the occupier or the person incharge of such
crop not to sell or dispose of or pick or collect or move the seized crop from
such place as may be specified in the requisition without the written
permission of such authority as may be prescribed in this behalf.
7. Notice to occupier to carry out
preventive measures.— (1)
Whenever an Inspector is satisfied that preventive measures have not been duly
carried out by the occupier of any land he shall call upon such occupier by
notice in writing to carry out such measures within fifteen days of the receipt
of the notice.
(2) The occupier may within seven days from
the service upon him of such notice prefer an appeal to the [19][19][Executive District Officer (Agriculture)],
against the notice.
(3) The authority before whom the appeal is
preferred may extend the time specified in the notice issued under sub-section
(1) and shall, after giving the occupier an opportunity of being heard, pass
such order on the appeal as he thinks fit.
(4) Every order passed under sub-section (3)
shall be final.
8. Powers of
Inspectors to take preventive measures and to recover expenses incurred in
connection therewith.— (1) If an occupier on whom a notice has been served
under sub-section (1) of section 7 does not comply with such notice within the
time specified therein or where an appeal has been preferred by him under
sub-section (2) of that section, does not comply with the order passed on such
appeal within seven days, the Inspector may carry out or cause to be carried
out the preventive measures not undertaken, at the cost of the occupier and for
such purpose may take with him or depute or employ such subordinates or other
persons as he deems fit.
(2) Where an Inspector has taken any action
under this Ordinance in respect of any property at the expenses of a person
bound to take such action he may record a certificate indicating the amount of
the cost and the person from whom such amount is recoverable and such amount
shall be recoverable as arrears of land revenue.
9. Powers of
Government to declare affected area and to recover costs of remedial and
preventive measures in such area.— (1) Whenever it appears to Government that the
Province or any part thereof is affected or threatened by an agricultural pest
and that immediate action is necessary, Government may by notification declare
the Province or such area as affected area and take such remedial and
preventive measures in respect of such area as may be necessary.
(2) Government may recover the whole or a
part of the costs incurred in connection with the aforesaid remedial and
preventive measures from the occupiers or land owners in the affected area or
from the persons who in its opinion have benefited by such measures.
(3) All such costs, if unpaid, shall be
recoverable as arrears of land revenue.
[20][20][10. Penalty
for contravening the provisions of this Ordinance.— (1) Whoever contravenes the provisions of
section 3 or section 4 shall be punished for the first offence with a fine
which may extend to fifty thousand rupees but not less than twenty five
thousand rupees, and for every subsequent offence with imprisonment which may
extend to six months but not less than three months or with fine which may
extend to one hundred thousand rupees but not less than fifty thousand rupees
or with both.
(2)
Whoever contravenes any of the provisions of this Ordinance or the rules made
thereunder, for the contravention of which no other punishment is provided in
this Ordinance, shall be punished with fine which may extend to fifty thousand
rupees but not less than twenty five thousand rupees.]
11. Appeals.— (1) Any person aggrieved by an order of seizure or destruction may,
within seven days of such order, appeal to the [21][21][District Coordination Officer].
(2) Any order passed on appeal under
sub-section (1), and if no appeal is preferred, the order of the Inspector
shall be final.
12. Power to amend the Schedule.— Government may, if it considers it
expedient, by notification, add to or exclude any pest from the Schedule.
13. Bar of suits.— No suit, prosecution or other legal
proceeding shall lie against an Inspector or any person acting under his order
in respect of anything in good faith done or intended to be done under this
Ordinance.
[22][22][14. Jurisdiction and trial.— (1) No prosecution
under this Ordinance shall be instituted except on the complaint in writing of
an Inspector stating the facts constituting the offence.
(2) No court inferior to that of a Magistrate of the first
class shall try an offence punishable under this Ordinance.
(3) The trial court may, on application made by a prosecutor in
this behalf, try an offence punishable under this Ordinance in a summary way in
accordance with the provisions of the Code of Criminal Procedure, 1898 (V of
1898).
(4) Notwithstanding anything contained in any other law for the
time being in force, the offences punishable under this Ordinance shall be
cognizable.
(5) The public prosecutor shall be responsible for the conduct
of prosecution of offences under this Ordinance.]
15. Government to make rules.— (1) Government may make rules[23][23] to carry out the purposes of this Ordinance.
(2) In particular and without prejudice to
the generality of the foregoing powers Government may make rules—
(a) prescribing preventing measures;
(b) prescribing the manner in which an Inspector
may exercise his powers under section 6;
(c) prescribing the form of requisitions and
notices and the manner in which requisitions and notices may be served;
(d) prescribing the authority which may release
seizure imposed under the Ordinance; and
(e) prescribing the manner in which costs shall be
assessed and paid.
16. Repeal and Savings.— The following enactments are hereby
repealed:-
SCHEDULE
[Section
2 (b)]
Sr. No.
|
Scientific
name
|
Family
and order
|
common
name (in English)
|
Host
plants
|
1
|
Agrotis spp.
|
Noctuidae
Lepidoptera
|
Cut worms
|
Gram, potatoes, young cucurbits and wheat, etc.
|
2
|
Aleuocauthus
coglumi Asdley.
|
Aleurodidae
Homoptera
|
Citrus black fly
|
Citrus plants.
|
3
|
Aeonidiella auranti Mask.
|
Coccidae:
Homoptera
|
Citrus red scale
|
Citrus plants.
|
4
|
Aenidiella citri Moult
|
Coccidae:
Homoptera
|
Citrus yellow scale
|
Citrus plants.
|
5
|
Aphis tabaci L.
|
Aphididae:
Homoptera
|
Tobacco aphis
|
Tobacco.
|
6
|
Aspidiotus perniciosus
Comst.
|
Coccidae:
Homoptera
|
Sanjose-scales
|
Apple, plum, pear, peach,
etc.
|
7
|
Carpocapsa pomonella L.
|
Eucsmidae:
Lepidoptera
|
Codling moth
|
Apple fruit.
|
8
|
Chilo zonellus Swin
|
Pyralidae Lepideptera
|
Maize and Jowar borer
|
Maze, jowar, baru, sudan
grass, etc.
|
9
|
Dacus ferrug-incus Feb.
|
Trypanediae:
Diptera
|
Fruit-fly
|
Peach, pear, mango, etc.
|
10
|
Dialeurodes citri Ash.
|
Aleyrodidae:
Hempitera
|
Citrus white fly
|
Citrus plants.
|
11
|
Diaphorina citricuw
|
Psylidae:
Hemiptera
|
Citrus psylla
|
Orange,
lemon, sweet and sour limes, etc.
|
12
|
Drosicha stebbingi G.
|
Coccidae:
Hemiptera
|
Mealy bug
|
Mango, guava, citrus, etc.
|
13
|
Earias fabia Stoll
|
Noctuidae:
Lepidoptera
|
Spotted boll worm
|
Cotton flower bud and pods,
etc.
|
14
|
Earias insulana Boisd
|
Noctuidae:
Lepidoptera
|
Spotted boll worm
|
Cotton flower bud and pods,
etc.
|
15
|
Emmalocera depressella Swin
|
Pyrallidae:
Lepidoptera
|
Sugarcane root borer
|
Sugarcane, jowar, bajra,
etc.
|
16
|
Heliothis armigera Fb.
|
Noctuidae:
Lepidoptera
|
Tobacco caterpillar
|
Tobacco.
|
17
|
Prodenia litura F
|
Plutelidae:
Lepidoptera
|
Tobacco caterpillar
|
Tobacco.
|
18
|
Platyedra gossypiella Saud
|
Gelechiidae:
Lepidopter
|
Pink boll-worm
|
Cotton, bhindi, changi,
etc.
|
19
|
Proceros stitieraspis Hib
|
Pyralidae:
Lepidoptera
|
Sugarcane-stem-borer
|
Sugarcane, jowar, maize,
etc.
|
20
|
Pyrilla perpusila Walk
|
Fulforidae:
Hemipter
|
Sugarcane-leaf-hopper
|
Sugarcane, wheat, barley,
swank.
|
21
|
Schistocerca gregaria Forsk
|
Acrididae:
Orthoptera
|
Desert locust
|
On all
vegetation except oak and neem.
|
22
|
Sphenoptera dadkanj Ob.
|
Buprestidae:
Coleoptera
|
Flat headed borer
|
Peach.
|
23
|
Schoenobius incertellus
Walk
|
Pyrallidae:
Lepidoptera
|
Rice borer
|
Rice, jowar, maize, etc.
|
24
|
Scirpophaga nivella Fb.
|
Pyrallidae:
Lepidoptera
|
Sugarcane top-borer
|
Sugarcane,
sarkanda, mandal, etc.
|
25
|
Sylepta derogata Fb.
|
Pyrallidae:
Lepidopetra
|
Cotton, leaf-roller
|
Cotton,changi, kuchri, etc.
|
Sphenoptera Gossypi Kerr
|
Buprestidae:
Colroptera
|
Flat headed borer
|
Cotton].
|
|
Carthamus Oxyieantha Bick
|
Compositae
|
Thistle
|
Wheat.]
|
|
Asphodelus tempvifolius Cav
|
Liliancae
|
Piazi
|
wheat.]
|
|
Cuseuta reflexa
|
Convolulacae
|
Amerbel
Gazbel (Dodder in English)
|
All wood plants].
|
[1][1]This Ordinance was
promulgated by the Governor of West Pakistan on 15th May, 1959; published in
the West Pakistan Gazette (Extraordinary), dated 11th May, 1959, pages 403-407;
saved and given permanent effect by Article 225 of the Constitution of the
Islamic Republic of Pakistan (1962).
[2][2]Substituted by the Punjab
Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of 1974), for “West Pakistan”.
[7][7]Substituted by the Punjab
Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of 1974), for “West Pakistan”.
[8][8]This Ordinance was brought in
force in the whole of the Province of West Pakistan with effect from 19th
February, 1960, see Gazette of West
Pakistan, 1960 (Extraordinary), p. 1249.
[9][9]Substituted by the Punjab
Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of 1974), for “Government of West
Pakistan”.
[16][16]See the
West Pakistan Agricultural Pests Rules, 1960, Gazette of West Pakistan, 1960,
(Extraordinary), pp. 1247-1249.
[19][19]Substituted for the words
“Collector, or Deputy Collector, or Assistant Collector, first grade, specially
empowered in this behalf by the Collector”, by the Punjab Agricultural Pests
(Amendment) Ordinance, 2001 (XXVII of 2001), which will remain in force under
the Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4,
notwithstanding the maximum limit of three months prescribed under Article 128
of the Constitution of the Islamic Republic of Pakistan.
[21][21]Substituted
for the words “Collector, Deputy Collector, or Assistant Collector, first
grade, specially empowered by the Collector in this behalf”, by the Punjab
Agricultural Pests (Amendment) Ordinance, 2001 (XXVII of 2001), which will
remain in force under the Provisional Constitution (Amendment) Order 1999 (9 of
1999), Article 4, notwithstanding the maximum limit of three months prescribed
under Article 128 of the Constitution of the Islamic Republic of Pakistan.
[23][23]For the West Pakistan
Agricultural Pests Rules, 1960 see Gazette
of West Pakistan 1960, (Extraordinary), pp. 1247-1249.
[27][27]Inserted by notification
under section 12, see Gazette of West
Pakistan, 1960, (Extraordinary), p.1250.
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