(ACT 2 OF 1914)

[The text of the Act printed here is as on 31.12.1993]

Statement of Objects and Reasons

"The Bill is the outcome of representations made by the Bombay Chamber of Commerce in 1906, and it has been prepared after consultation with experts and with a considerable number of bodies and persons interested in gardening and agriculture. It gives power to Government to control the importation into British India of articles likely to cause infection to crops, and is based partly on the corresponding English Acts, of 1877 and 1907, and partly on the provisions of the Indian Livestock Importation Act, 1898.

Action under the Bill would be taken in respect of certain crops only and would assume various forms according to the crop or the class of infection concerned. In some cases, for instance, importation would be prohibited except in certain ports, and then after fumigation. In others, importation would have to be accompanied by certificates of freedom from disease; while in other, importation would be allowed under a license from the Agricultural Department."- (Gazette of India, 1913, Pt. V.P. 166.)

Act 12 of 1992. -The Destructive Insects and Pests Act, 1914 was enacted to prevent the import and transport of any insect, fungus or other pests which may be destructive to crops. Section 3 of the said Act empowered the Central Government to prohibit or regulate the import of any article or class of articles likely to cause infection to any crop. In exercise of that power, the Central Government, by Notification dated 25^th October, 1989, made an order for matters relating to inspection, fumigation, disinfection and supervision of some articles such as plants, fruits and seeds which were imported into India. Fees were also provided to be levied and collected for the aforesaid purposes.

The text of the Act printed here is as on 3^RD February 1914

An act to prevent the introduction into India and the transport from one State to another 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 India and the transport from one province to another of any insect, fungus or other pest, which is or may be destructive to crops. It is here by enacted as follows:

Short title and extent -

(1) This Act may be called the Destructive Insects and Pests Act, 1914.

It extends to the whole of India.

1. Definitions

In this Act, unless there is anything repugnant in the subject or context, -

a. "crop" includes all agricultural or horticultural crops and all trees, bushes or plants;

(b) "import" means the bringing or taking by sea land or air across any customs frontier as defined by the Central Government;

(c). "infection" means infection by any insect, fungus or other pest injurious to a crop;

(d) Omitted

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

3.(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 India or any part thereof, or any specified place therein, of any article r class of articles likely to cause infection to any crop or of insects generally of any class of insects.

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

(3) The Central Government may, by notification under this section, also levy and collect such fees at such rates and in such manner as may be specified therein for making an application for a permit to import, or for making inspection, fumigation, disinfection, disinfestation or supervision of any article or class of articles or any insect or class of insects under this section.

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 importation 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 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 transportation from one State to another State of any article or class of articles likely to cause infection to any crop or of insects generally or any class of insects.

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 station or inland steam vessel station, -

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 situated; and

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 or the prescribed nature showing that those conditions are satisfied.

4D. Power of Central Government to make rules

(1) The Central Government may, by notification in the Official Gazette, makes 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;

(2) Every rule made by the Central Government under this section shall be laid, as soon as may be after it is made, before each House of Parliament while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if before the expiry of the session immediately following the session or successive session aforesaid, both Houses agree in making any modification in the rule or both Houses agree 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.

5. Power of State Government to make rules

(1) The State Government may by notification in the Official Gazette, make rules for the detention, inspection, disinfection or destruction of any insect or class of insects or of any article or class of article in respect of which a notification has been issued under section 3 permit to import, or for making inspection, fumigation, disinfection, disinfestation or supervision of any article or class of articles or any insect or class of insects under this section.

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 the 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.

(3) Every rule made by the state Government under this section shall be laid, as soon as may be after it is made, before the State Legislature.

5A. Penalties

Any person who knowingly exports any article or insect from a State or transports any article or insect from one State to another in contravention of a notification issued under section 4A, or attempts so to export or transport any article or insect 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 shall be punishable with fine which may extend to two hundred and fifty rupees and, upon any subsequent conviction with fine which ma extend to two thousand rupees.

6. Protection to persons acting under Act

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