Section 11 in The Gujarat Agricultural Pests and Diseases Act, 1980
11. Award of Assessor; Appeal.
(1)On receipt of any claim under section 10, the Assessor shall, subject to the provisions of .sub-section (2) and after making an inquiry in the prescribed manner and taking such evidence as he thinks fit, fix the amount of compensation due to the occupier under the provisions of this Act and make an award for such amount.(2)The amount of compensation shall-(a)for every destroyed tree of the kind referred to in clause (a) of sub-section (1) of section 8, not exceed one-half of the value of the said tree;(b)for every destroyed plant of the kind referred to in clause (b) of sub-section (1) of section 8, not exceed the three-fifths of its value; and(c)for every destroyed plant or tree of the kind referred to in clause (c) of subsection (1) of section 8, be its full value:Provided that no compensation shall be payable for-(i)any noxious weed destroyed;(ii)any cotton plant destroyed in order to eradicate or prevent the introduction or reappearance of any insect pest or plant disease;(iii)the destruction of trees and plants infected with any insect pest or plant disease which in the opinion of the Inspector contracted infection due to the negligence of the occupier in carrying out the preventive or remedial measures mentioned in the notification issued under section 3.Explanation. - For the purposes of this section, value means the value of a tree or plant at the time of its destruction.(3)If any amount is due from the occupier on account of costs incurred in carrying out the preventive or remedial measures under the proviso to sub-section (1) of section 3 or under section 6, the whole or part of the amount of compensation awarded to him, as may be necessary, shall be set off against the amount of costs due from him.(4)A copy of every award made by an Assessor shall be sent to the occupier to whom such compensation has been awarded and to the Inspector of the notified area concerned.(5)The occupier or the Inspector, as the case may be, may within 30 days from the date of receipt of a copy of the award under sub-section (4) prefer an appeal to the Collector against the award.(6)On receipt of the appeal under sub-section (5), the Collector shall, after giving the occupier and the Inspector an opportunity of being heard; pass such order thereon as he thinks fit.(7)Every order passed under sub-section (6) shall be final.
