Ministry of Agriculture and Farmers Welfare
The Destructive Insects and Pests (Amendment and Validation) Act, 1992, is a legislation that amends the Destructive Insects and Pests Act, 1914, and validates certain actions taken under the amended provisions. This Act addresses the need for clarity and legal certainty regarding the regulation of destructive insects and pests. This article provides a summary of the Act, highlighting its background, key provisions, and implications.
1. Act Background and Ministry:
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Background: The Destructive Insects and Pests (Amendment and Validation) Act, 1992, was enacted to further amend the Destructive Insects and Pests Act, 1914, and to validate certain actions taken under the amended provisions. It was introduced to address ambiguities and legal challenges that had arisen in the implementation of the 1914 Act.
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Ministry: The Act is primarily administered by the Ministry of Agriculture and Farmers Welfare, Government of India, as it relates to plant protection and pest control.
2. Enactment Date, Number of Chapters, Number of Sections:
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Enactment Date: The Act was enacted on March 31, 1992.
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Number of Chapters: The Act is not divided into chapters.
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Number of Sections: The Act contains 4 sections.
3. Act Governed By:
The Act is primarily governed by the Central Government, which has the power to amend the principal Act and to validate actions taken under the amended provisions. The State Governments also have a role in implementing the provisions of the Act.
4. On Whom It Is Applicable:
The Act applies to:
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Central Government: The Central Government is empowered to amend the principal Act and validate actions.
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State Governments: State governments are responsible for implementing the Act within their jurisdictions.
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Importers and Transporters: Individuals or entities involved in the import and transport of articles likely to carry destructive insects or pests.
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Officers: Officials responsible for enforcing the provisions of the Act.
5. Penalties/Punishments:
The Act does not introduce new penalties or punishments. It validates actions taken under the principal Act, which already provides for penalties for contraventions.
6. Important Pointers:
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Amendment of Section 3: The Act amends Section 3 of the Destructive Insects and Pests Act, 1914, to clarify the Central Government’s power to regulate or prohibit the import of articles likely to infect crops.
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Validation of Actions: The Act validates actions taken under the amended provisions of Section 3, including the levy and collection of fees, the issuance of notifications, and the imposition of restrictions.
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Protection of Actions: The Act protects actions taken under the amended provisions from being challenged in court.
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Repeal and Saving: The Act repeals the Destructive Insects and Pests (Amendment and Validation) Ordinance, 1992, and saves anything done or any action taken under the said Ordinance.
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No Refund of Fees: The Act clarifies that any fees levied or collected under the amended provisions cannot be refunded.
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No Challenge to Actions: The Act prevents any person from questioning the validity of actions taken under the amended provisions.
7. Act Copy: