Updated: Saturday January 18, 2014/AsSabt Rabi' Awwal 17, 1435/Sanivara Pausa 28, 1935, at 07:02:31 PM

The Destructive Insects and Pests Act, 1914

(II of 1914)

[3rd February, 1914]

“For Statement of Objects and Reasons, see Gazette of India, 1913, Part V. p. 166; for Report of Select Committee, see ibid, 1914, Part V. p. 7 J and for Proceedings in Council see ibid., 1913, Part VI, p. 518, ibid., 1914, Part VI, pp. 64 and 188.”

An Act to prevent the introduction into Pakistan and the transport from one province to another of any insect, fungus or other pest, which is or may be destructive to crops.

Preamble: Whereas it is expedient to make provision for preventing the introduction into Pakistan 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 hereby enacted as follows:‑‑-

1. Short title: This Act may be called the Destructive Insects and Pests Act, 1914.

COMMENTS

Application of the Act: This Act has been applied to Phulera in the Excluded Area of Upper Tanawal to the extent the Act is applicable in the (N.‑W. F. P. and also extended to the Excluded Area of Upper Tanawal ,;N ‑W. F. P. other than Phulera with effect from such date and subject to such modifications as may be notified, see N.‑W. F. P. (Upper Tanwal) (Excluded Area) Laws Regulation, 1950.

It has been extended to the State of Bahawalpur by the Bahawalpur (Extension of Federal Laws) Order, 1953 (G. G. O. 11 of 1953) as amended by the Bahawalpur (Extension of Federal Laws) (Amendment) Order, 1953 (G. G. O. 21 of 1953).

The Act has also been applied to Baluchistan by the Baluchistan Laws Regulation, 1913 (2 of 1913), Section 3 as amended by Regulation 4 of 1945.

It has also been extended to the Leased Areas of Baluchistan, see the Leased Areas (Laws) Order, 1950 (G. G. 0. 3 of 1950), and applied in the Federated Areas of Baluchistan see Gazette of India, 1937, part I, p. 1499.

The Act has been extended and shall be deemed to have been so extended on the 14th October, 1955 to the whole of Pakistan by the Central Laws (Statute Reform) Ordinance, XXI of 1960, Section 3 and 2nd Schedule.

2. Definitions: ----In this Act, unless there is anything repugnant in, the subject or context,‑‑-

(a) “Crops” includes all agricultural or horticultural crops and all trees, bushes or plants;

(b) “import°” means the bringing or taking try sea, land gar air across any customs frontier as defined by the Federal Government;

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

3. Power of Federal Government to regulate or prohibit the import of articles likely to infect: (1) The Federal Government may, by notification in the official Gazette, prohibit or regulate, subject to such restrictions and conditions as it may impose, the import into Pakistan, or any part thereof„ or any specified place therein, of any article or class of articles likely to cause infection to any crop or of insects generally or any class of insects.

(2) A notification under this section may, specify any article car 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.

4. Operation of notification under Section 3: A notification under Section 3 shall operate as if it had been issued under the Customs duct, 1969, and the officers of Customs at every port shall have the sane 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 Customs, and the law for the time being in force relating to Customs or any such article shall apply accordingly.

[4-A.Power of Federal Government to regulate or prohibit transport front province to province of insects or articles likely to infect, (Sections 4‑A to 4‑D ins. by tire Destructive Insects and Pests (Amendment) Act, II of 1938, Sec.4.): The Federal Government, may by notification in the official Gazette, prohibit or regulate, subject to such conditions as the Federal Government may impose, the export from a province or the transport from one province to the other Province of any article or class of articles likely to cause infection to any crop or of insects generally or any class of insects.

4‑B. Refusal to carry article of which transport is prohibited: When a notification has been issued under Section 4 A, then. Not-withstanding 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,‑--

(a) 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 Pakistan outside the province in which such station is situate; and

(b) 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 of the prescribed nature showing that those conditions are satisfied.

4‑C. Application of Section 4‑S to articles exported to Acceding States: Where, by or under any law in force in the territories of any Acceding State, the import into that State of any article likely to cause infection to any crop or of any insect has been prohibited, the Federal Government may, by notification in the official Gazette, declare that the provisions of Section 4‑B shall apply in respect of any such article or insect consigned from any place in Pakistan to any place in that State,---

Provided that such Acceding State prohibits the export to Pakistan of any article or insect or class or insects the import of which into Pakistan has been prohibited by the Federal Government.

4‑D. Power to Federal Government to make rules: The Federal Government may by notification in the official Gazette, make 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 4‑A, 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 a Provided that the said notification shall be placed, as soon as may be, on the table of the Central Legislature].

5. Power of Provincial Government to make rules: ---- (1) The Provincial Government may make rules for the detention, inspection, disinfections or destruction of any insect or class of insects or of any article or class of articles in respect of which a notification has been issued under Section 3 or under Section 4‑A 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 this behalf.

(2) In making any rule under this section the Provincial Government may direct that a breach there-of shall be punishable with fine, which may extend to one thousand rupees.

[5‑A. Penalties: (Inst. by the Destructive insects and Pests (Amendment) Act, IX of 1938, S. 7.) Any person who knowingly exports any article or insect from a province or transports, any article or insect from one province to the other in contravention of a notification issued under Section 4‑A, or attempts so to export or transport any article or insect, or exports or attempts to export from Pakistan to an Acceding State any article or insect in respect of which a notification under Section 4‑C has been issued, 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 4‑B shall be punishable with fine which may extend to two hundred and fifty rupees and, upon any subsequent conviction with fine which may extend to two thousand rupees].

6. Protection to persons acting under Act: --- No suit, prosecution or other legal proceeding shall lie against any person for anything in good faith done or intended to be done under this Act.

 

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