Destructive Insects and Pests Act,1914
Act No : 2
Section : SHORT TITLE AND EXTENT
DESTRUCTIVE INSECTS AND PESTS ACT, 1914
2 of 1914
3rd February, 1914
"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 ingardening 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 Imporation Act, 1898.
2. 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 at 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 3of 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 25th October. 1989. made an order for matters relating to insepction. 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. Under the New Seed Policy, the import of seeds and plant materials was brought under Open General Licence resulting in heavy import thereof. The Government had, therefore, to strengthen the infrastructural facilites and services of Plan Quarantine organisations in order to prevent the entry of exotic diseases through such imported consignments.
2. The Calcutta High Court in a writ petition held that the aforesaid Act did not empower the Government to levy any fees for inspection, fumigation, etc. The Bombay High Court also in a case struck down the imposition of fees and directed the refund of money.
3. It was considered necessary to enable the Government to levy and collect fees for the services rendered and for meeting expenditure on maintaining Plant Quarantine organisations. It was also necessary to validate the levy and collection of fees made earlier. In the circumstances, suitable provisions in the aforesaid Act empowering the Central Government to levy fees for inspection, fumigation, etc., on imported consignments and for validation of the fees already levied or collected were. therefore, required to be made.
4. The Ordinance, namely, the Destructive Insects and Pests (Amendment and Validation) Ordinance. 1992 was, therefore, promulgated by the President on 25th January, 1992.
5. The Bill seeks to replace the said Ordinance and to achieve the aforesaid objects. Gaz. of Ind..28-2-92, Pt. II. S.2. Ext.. p. 17 (No. 5).
An act to prevent the introduction into
1[India]2[and the transport from one5[State] to another]3[* * *] 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 into4[India]2[and the transport from one province to another]3[* * *] of any insect, fungus or other pest, which is or may be destructive to crops: It is hereby enacted as follows :-
SECTION 01: SHORT TITLE AND EXTENT
6[(1)] This Act may be called the Destructive Insects and Pests Act, 1914.7SECTION 02: DEFINITIONS
In this Act, unless there is anything repugnant in the subject or context. -
(a) "crops" includes all agricultural or horticultural crops9[and all trees, bushes or plants] :
(b) "import" means the bringing or taking by sea10 [land or air]11[across any customs frontier as defined by the Central Government] ; [*]12
(c) "infection" means infection by any insect, fungus or other pest injurious to a crop;13[*] 14[(d) * * * * * * * ]
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