( XXVIII of 1959)
[11th May, 1959]
An
Ordinance
to amend and consolidate
the law relating to the eradication of agricultural pests in the province of [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][
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[the
Punjab] Agricultural Pests Ordinance, 1959.
(3) It shall
come into force[7]
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 [10][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; (b) the transport or sale of any infested [12][
/infected] 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[13],
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[14].
6.
Powers of
Inspector.— An Inspector may, subject to any rules[15]
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 [16][/infected]
crop and destroy or cause to be destroyed such crop in such manner as [17][
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 [18][
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 subsection (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.
[19][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 [20][
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.
[21][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[22]
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
Family and common Host plants
name order name (in
English)
1
Agrotis spp. Noctuidae: Cut worms Gram, potatoes,
Lepidoptera young cucurbits
and wheat, etc.
2
Aleuocauthus
Aleurodidae: Citrus black Citrus
plants. coglumi Homoptera fly
Asdley.
3
Aeonidiella Coccidae:
Citrus red Citrus plants. auranti Mask.
Homoptera scale
4
Aenidiella Coccidae:
Citrus yellow Citrus plants. citri Moult Homoptera
scale
5
Aphis tabaci Aphididae: Tobacco Tobacco.
L. Homoptera aphis
6
Aspidiotus Coccidae:
Sanjose Apple, plum, perniciosus Homoptera scales pear, peach,
Comst. etc.
7
Carpocapsa Eucsmidae:
Codling moth Apple fruit.
pomonella L. Lepidoptera
8
Chilo Pyralidae Maize and Maze, jowar, zonellus
Lepideptera Jowar borer baru, sudan
Swin grass, etc.
9
Dacus ferrug Trypanediae: Fruit-fly Peach, pear, incus Feb. Diptera
mango, etc.
10
Dialeurodes Aleyrodidae: Citrus white Citrus plants. citri Ash. Hempitera
fly
11
Diaphorina Psylidae:
Citrus psylla Orange, lemon,
citricuw Hemiptera sweet and sour
limes, etc.
12
Drosicha Coccidae:
Mealy bug Mango, guava,
stebbingi G. Hemiptera citrus, etc.
13
Earias fabia Noctuidae:
Spotted boll Cotton
flower
Stoll Lepidoptera worm bud and
pods,
etc.
14
Earias Noctuidae:
Spotted boll Cotton
flower
insulana bud and pods,
|
Sr. No.
|
Scientific Family and name order
|
common
name (in
English)
|
Host
plants
|
|
|
Boisd Lepidoptera
|
worm
|
etc.
|
|
15
|
Emmalocera
Pyrallidae:
depressella Lepidoptera Swin
|
Sugarcane root borer
|
Sugarcane, jowar, bajra,
etc.
|
|
16
|
Heliothis Noctuidae: armigera Fb. Lepidoptera
|
Tobacco
caterpillar
|
Tobacco.
|
|
17
|
Prodenia Plutelidae: litura F Lepidoptera
|
Tobacco
caterpillar
|
Tobacco.
|
|
18
|
Platyedra
Gelechiidae:
gossypiella Lepidopter Saud
|
Pink boll-
worm
|
Cotton, bhindi, changi,
etc.
|
|
19
|
Proceros
Pyralidae: stitieraspis Lepidoptera Hib
|
Sugarcanestem-borer
|
Sugarcane, jowar, maize,
etc.
|
|
20
|
Pyrilla Fulforidae:
perpusila Hemipter
Walk
|
Sugarcaneleaf-hopper
|
Sugarcane, wheat, barley,
swank.
|
|
21
|
Schistocerca Acrididae:
gregaria Orthoptera Forsk
|
Desert locust
|
On all vegetation except
oak and neem.
|
|
22
|
Sphenoptera Buprestidae: dadkanj Ob. Coleoptera
|
Flat headed borer
|
Peach.
|
|
23
|
Schoenobius Pyrallidae:
incertellus Lepidoptera Walk
|
Rice borer
|
Rice, jowar, maize, etc.
|
|
24
|
Scirpophaga Pyrallidae: nivella Fb. Lepidoptera
|
Sugarcane top-borer
|
Sugarcane, sarkanda,
mandal, etc.
|
|
25
|
Sylepta Pyrallidae: derogata Fb. Lepidopetra
|
Cotton, leafroller
|
Cotton,changi, kuchri, etc.
|
|
Flat headed borer
|
Cotton].
|
||
|
Oxyieantha Bick
|
Thistle
|
Wheat.]
|
|
|
Cav
|
Piazi
|
wheat.]
|
|
|
30[30][29 Cuseuta Convolulacae Amerbel reflexa Gazbel
(Dodder in
English)
|
All wood plants].
|
||
[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]
Substituted by the Punjab Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of 1974),
for “West Pakistan”.
[3]
Ibid.
[5]
Substituted by the West Pakistan Laws (Extension to Karachi) Ordinance, 1964
(VII of 1964).
[6]
Substituted by the Punjab Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of 1974),
for “West Pakistan”.
[7]
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.
[8]
Substituted by the Punjab Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of 1974),
for “Government of West Pakistan”.
[9]
Inserted by the Punjab Agricultural Pests (Amendment) Ordinance, 2002 (LXXIX of
2002).
[10]
Inserted by the Punjab Agricultural Pests (Amendment) Ordinance, 2002 (LXXIX of
2002).
[11]
See Gazette of West Pakistan, 1961,
Pt. I, p. 54; and, ibid 1962 , Pt. I,
p. 542.
[12]
Inserted by the Punjab Agricultural Pests (Amendment) Ordinance, 2002 (LXXIX of
2002).
[13]
See Gazette of West Pakistan, 1961,
Pt. I, p. 54; and, ibid 1962 , Pt. I,
p. 542.
[14]
XLV of 1860.
[15]
See the West Pakistan Agricultural
Pests Rules, 1960, Gazette of West Pakistan, 1960, (Extraordinary), pp.
1247-1249.
[16]
Inserted by the Punjab Agricultural Pests (Amendment) Ordinance, 2002 (LXXIX of
2002).
[17]
Substituted ibid.
[18]
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.
[19]
Substituted by the Punjab Agricultural Pests (Amendment) Ordinance, 2002 (LXXIX
of 2002).
[20]
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.
[21]
Substituted by the Punjab Agricultural Pests (Amendment) Ordinance, 2002 (LXXIX
of 2002).
[22]
For the West Pakistan Agricultural Pests Rules, 1960 see Gazette of West Pakistan 1960, (Extraordinary), pp. 1247-1249.
[23]
N.W.F.P. XXIII of 1950.
[24]
Sind XIV of 1947.
[25]
N.W.F.P. XXIV of 1950.
[26]
Inserted by notification under section 12,
see Gazette of West Pakistan, 1960, (Extraordinary), p.1250.
[27]
Ibid.
[28]
Ibid, see Gazette of West Pakistan, 1961, Pt. I, p. 158.
[29]
Ibid Gazette of West Pakistan, 1961,
Pt. I, p. 158.
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