TAPD Act 8AChapter II · Of insect pests, plant diseases and noxious weeds.

Section 8A · [ Power to carry out remedial or preventive measures in emergent situations. [Inserted by Act No.9 of 1978.]

(1)

Notwithstanding anything in the foregoing provisions where the State Government are satisfied that plants in any notified area are in danger of being damaged or destroyed by any insect pest, plant disease or noxious weed prevalent in that area and that it is necessary to take immediate remedial or preventive measures they may by notification,-

(a)

declare that it shall be competent for any Inspecting Officer to carry out in the notified area or any part thereof such remedial or preventive measures or to take such other steps including the removal or destruction of plants which are infected or likely to be infected as he may deem fit;

(b)

direct that every occupier in respect of whose land such remedial or preventative measures or other steps have been taken shall be liable to pay the cost thereof at such rate and within such time as the Collector may, by order, from time to time, determine having regard to the following, namely:-

(i)the charges that have been or may be incurred for labour, material or use of implements, and

(ii)any other charges that have been or may be incurred for the purposes aforesaid.

(2)

Subject to any general or special order of the State Government, any Inspecting Officer may upon the issue of a notification under sub-section (1), enter on any land or premises within the notified area and carry out such remedial or preventive measures or take such other steps referred to in clause (a) of sub-section (1) as he may deem fit.

(3)

The Inspecting Officer shall by order in writing assess at the rate determined by the Collector under clause (b) of sub-section (1) the amount payable by an occupier in respect of the remedial or preventive measures or other steps taken under sub-section (2).

(4)

If any occupier fails to pay the amount assessed under sub-section (3) within the time determined under clause (b) of sub-section (1) the said amount shall be recoverable from him as if it were an arrear of land revenue.

(5)

Any occupier aggrieved by an order made under sub-section (3) may within thirty days from the date of communication to him of the order prefer an appeal to such authority as the State Government may specify in that behalf on the ground,-

(i)

that the assessment of the amount payable has not been in accordance with the rates determined by the Collector;

(ii)

that the amount assessed includes charges for items other than those mentioned in sub-clauses (i) and (ii) of clause (b) of sub-section (1); or

(iii)

that the charges for labour material or use of implements are unduly high.

(6)

On receipt of an appeal under sub-section (5) the appellate authority shall, after making such enquiry as it may deem proper and after giving the occupier an opportunity of making his representation pass such order thereon as it may deem fit and every such order shall be final.]

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