Agricultural Seeds Act, 1936

Control of the growing of plants in certain case.

12.—(1) Whenever the Minister is of opinion that the growing in any particular area of any particular class of plants would be likely to interfere with the production in that area of pure strains of agricultural seeds of any particular class, the Minister may by order prohibit the growing in the said area of any plants of the said class.

(2) Whenever and so long as an order made by the Minister under the foregoing sub-section of this section is in force, the following provisions shall have effect in the area to which such order applies, that is to say:—

(a) It shall not be lawful for any person to grow in the said area any plants the growing of which in the said area is prohibited by such order or to permit any such plants to grow on any land in the occupation of such person in the said area;

(b) every person who shall grow any plants in contravention of this sub-section or shall, in contravention of this sub-section, permit any plants to grow shall be guilty of an offence under this sub-section and shall be liable on summary conviction thereof, in the case of a first such offence, to a fine not exceeding twenty-five pounds and, in the case of a second or any subsequent such offence, to a fine not exceeding fifty pounds;

(c) an officer of the Minister may at any time enter any land in the said area on which plants of any description are growing and there inspect all plants growing on such land;

(d) whenever any plants, the growing of which in the said area is prohibited by the said order are growing on any land in the said area, the person in occupation of such land shall, on being required in writing by an officer of the Minister so to do, pull up and destroy all such plants within such time as shall be specified in that behalf by such officer in such requisition;

(e) if any person who is required by the next preceding paragraph of this sub-section to pull up and destroy any plants fails so to do within the time mentioned in the said paragraph, it shall be lawful for an officer of the Minister, with such assistants and vehicles as such officer considers necessary, to enter on the land on which such plants are growing and there pull up and destroy or remove all such plants, and it shall be lawful for the Minister to recover from such person as a civil debt in any Court of competent jurisdiction the sum which is certified by the Minister to be the amount of the costs and expenses incurred in such entry, pulling up, and destruction or removal.

(3) The Minister may at any time by order amend or revoke any order previously made by him under this section, including an order made under this sub-section.