Object and Reason.- 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 in gardening 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 Importation 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 licence 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 3 of 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 inspection, 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 facilities and services of Plan Quarantine organisations in order to prevent the entry of exotic diseases through such imported consignments.

2. The Calcutta High Courtin 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. - Gazette of India, 28-2-92, Pt. II, Section 2, Ext., p. 17 (No. 5).

Amendment made in 1938.- Power under sub-section (1) of this section, prior to its amendment in 1938, was not available to the Central Government for the prohibition or regulation of movement from one part of British India to another of living plants likely to cause infection to any crop. Central control as contemplated in Item 30 of Part II of List III of the Seventh Schedule of the Government of India Act, 1935, was considered desirable. The introduction of the amendments made in 1938 now provide for such control. The amendments also enable the Central Government to exercise control over the importations, and movement from one Province to another Province of live insects which are or may be destructive to crops in other ways than by causing infection to them (Sec Section 4A). See S.O.R. 1938.

[3rd February, 1914]

An Act to prevent the introduction into [India] [Substituted by Act 3 of 1951, s.3 and Sch., for "Part A States and Part C States "] [and the transport from one [State] [Inserted by the Act 6 of 1938, s.2.)] to another] [* * * *] [The words "in British India " were rep. by the A.C.A.O. 1948.] 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 into [India] [Substituted by Act 3 of 1951, s.3 and Sch., for "the territories comprised within Part A States and Part C States (hereinafter in this Act referred to as the said territories)"] [and the transport from one province to another] [The words "and the transport from one province to another in " were ins. by the Act 6 of 1938, s.2. ] [* * * *] [The words "in British India " were rep. by the A.O. 1948. ] of any insect, fungus or other pest, which is or may be destructive to crops; It is hereby enacted as follows:-