TAPD Act 9Chapter II · Of insect pests, plant diseases and noxious weeds.

Section 9 · Destruction of trees or plants in execution of remedial or preventive measures and compensation therefor

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(1)

If in carrying out any [XXX] [Omitted by Act No.9 of 1978.] remedial or preventive measures [under section 5-A, section 7 or section 8-A] [Substituted by Act No.9 of 1978.] the inspecting officer destroys or causes to be destroyed,-

(a)

any tree which is infected with the insect pest or plant disease, or,-

(b)

any plants not being trees, some or all of which are affected by the insect pest or plant disease but which are grown so closely together that it is not ordinarily practicable to treat each plant individually, or

(c)

any plants including trees which, though not so infected, have in his opinion become liable to such infection,
he shall serve a notice in writing on the occupier stating particulars of the trees and plants destroyed and his estimate of their value.

(2)

When any trees or plants [other than the residue after harvest] [Inserted by Act No.13 of 1962.] are destroyed as aforesaid the occupier shall be entitled to compensation as follows:-for a tree destroyed under sub-section 1 (a) - not exceeding one-half the value thereof;for plants destroyed under sub-section 1 (b) - not exceeding two-thirds of the value thereof;for plants destroyed under sub-section 1 (c) - their full value:Provided that no compensation shall be payable for cotton plants the destruction of which has been prescribed in order to eradicate or prevent the introduction or reappearance of any insect pest.

(3)

For the purposes of this section 'value' shall mean the value of the tree or plant at the time of its destruction.

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