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State of Madhya Pradesh - Section

Section 8 in The M.P. Vanaspati Rog Tatha Vinashi Kit Adhiniyam, 1972

8. Power to carry out measures in emergent situations.

(1)Notwithstanding anything contained in Sections 3, 4, 5, 6 and 7, if the State Government is satisfied that plants in any affected area are in danger of being damaged or destroyed by any plant disease, pest, parasite or noxious weed prevalent in that area and that it is necessary to take immediate preventive or remedial measures it may by notice published in the Gazette or in any local newspaper or by beat of drums in the affected area,-
(a)declare that it shall be competent for the District Magistrate or any Inspecting Officer to carry out such preventive or remedial measures in the affected area of any part thereof or to take such other steps, including the removal or destruction of plants which are infested or likely to be infested, as he may deem fit;
(b)direct that every occupier in respect of whose land such preventive or remedial measures or other steps have been taken, shall be liable to pay the cost thereof at such rate and within such time as the District Magistrate may by order from time to time determine having regard to the following namely-
(i)the charges to be incurred for labour, material or use of equipment; and
(ii)any other charges to be incurred for the purpose aforesaid.
(2)Subject to any general or special order of the State Government any Inspecting Officer may upon the publication of a notice under sub-section (1) enter upon any land or premises within the affected area and carry out such preventive or remedial 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 the amount payable by an occupier in respect of the preventive or remedial measures or other steps taken under sub-section (2).
(4)II the occupier fails to pay the amount so assessed within the time fixed under clause (b) of sub-section (1), the amount shall be recoverable from him as an arrear of land revenue.