The Tamil Nadu Silkworm Diseases (Prevention and Eradication) Act, 1948

The Tamil Nadu Silkworm Diseases (Prevention and Eradication) Act, 1948 Act 2 of 1948 Keyword(s): Area, Seed, Seed Area, Seed Cocoon, Seed Producer, Sericultural Expert, Silkworm Disease, Silkworm Rearer DISCLAIMER: This document is being furnished to you for your information by PRS Legislative Research (PRS). The contents of this document have been obtained from sources PRS believes to be reliable. These contents have not been independently verified, and PRS makes no representation or warranty as to the accuracy, completeness or correctness. In some cases the Principal Act and/or Amendment Act may not be available. Principal Acts may or may not include subsequent amendments. For authoritative text, please contact the relevant state department concerned or refer to the latest government publication or the gazette notification. Any person using this material should take their own professional and legal advice before acting on any information contained in this document. PRS or any persons connected with it do not accept any liability arising from the use of this document. PRS or any persons connected with it shall not be in any way responsible for any loss, damage, or distress to any person on account of any action taken or not taken on the basis of this document. 1948 :T .N. Act IlJ Silkworm Diseases (Prevention and Eradication) ' W I L N ADU ACT No. 11 OF 1948'. T TAMIL [THE NADU)S ILKWORM ISEASES (PRE- ~ O AND NERAD ICATIOANc?)1 948 .] (Received the assent of the Governor-General on the 4th March 1938 ; Brst published in the Fort St. George Gazette on the 16tlt ~7ilal.ch 1948.) An Act for the prevention and eradication of silknor~n diseases in the "State of Tomil Nadu]. Tamil Nadu] ; It is l~erebye nacted as follows :- 1. (I) This Act may be callcd the '[Tamil Short title, Nadu] silk worn^ Diseases (Preveniion and Eradica- extent and tion ) Act, 1948. coinmence- (2) It exte~ldst o the whole of thc "State of . Tamil Nadu]. (3) This section sball con7c into fc, at once ; and the renailling provisicl;~o r" this /2cI sil;II CC,IIIC into fcrce- (a) at oncc, in '[ 3 t lie i-losur lniuk of the Salein di:;trict ; rind -- - .- - ---- - -- - .- ttic I - T i',lrnil I b I ! n:11 1 A \ d I ,ll 2 l i,l I [ ioil of L i .ln. I Or I ~ lrr, I l 9i.''. . ' ? . I\- rc c 'r d " b by y tllc I . ' lrn~lN ~rluA t1 I:.( >tlon of I-' \'.( ' r~co11tAl I~IC~:iIc~i,)~ 0 1tlc1, I 9 00 2 For Stntcnlclit of Obj~ctsn lid Kcnwn., .cc I;III $51 (;io,~c Gazc.(tc7d, atctl Illc ISth No\cnihc~1 047. T',II t lV-A, p,rrc 244. This Act was extended to thc ni~r:~ctSl tcltc of Putll~kkott:~bi y section 11 ofthe Tarn11N ltlu Mcrgcd St.rtcs (Law<)A ct, 1949 (Tamil Nadn Act XXXV of 1949). 8 This cxprcssion was cubst itutsd for tllc cuprcs,\ion " Provincc of Madras" by the Tarn11 Nadu Adal)t;ition of I,n\\is Order, 1970, which \\as dcemcd to I~,\vcC OI~~1Cn1 0 I'OSCC0 11 IIIC 14th J'111t1:1ry 1969. 4 This cxprcssion was substitutcil fkr thc cxprcssion " State of Madras" by thc Tnlvil Nadtl Atl;iptgtion of L::uls Order, IOC;g, as arncndctl by the Tnniil Natlu Adnpt:ltiol: of L:IV;S (Second Arncntl~ncnt)O rdcr, 1969. 6 'rl~ci sords " tlic I<ollcpnl tal~~olfi thc C;oili~l>ntored istrict and" were ol~littcdb y clnusc 3 of, and tlic Sclictlule to, the R.fadras , Adi~ptationo f LO\VOSrd cr, 1957. Silkworni Diseases (Prevention [I948 :T d. Act If and Eradication) (b) in any other part of the '[State of Tamil Nadu], on such date as the Government may, by notification, appoint. (4) The Government may, by notification, rep1 all or any of the remaining provisions aforesaid from any part of the '[State of Tamil Nadul, with effect from such date as may be specified in the notifi~tion, but the repeal shall not be deemed to affect the powzr of theGovernment to extend the provjsions so repealed to such part under sub-section (3), clause (b). 2. In this Act, unless there is anything repugnant in the subject or context,- (a) "area'' means any aiea in ~hichth e pro- visions of this Act are in force for the time being ; , (b) "Director" means the '[Director of Jnh- tries and Commerce, Tamii Nadul, or such officer as the Government may nominat 9a s Director for all or 'my of the purposes of this Ac ; (c) "Government" means the "State) Govern- ment as defined in section 3, clause (33-a), of the General Clauscs Act, 1897; Central Act X of (d) "notificatjon" means a notilicntion publisl~ai1 837- in the Furl St. Ceorgc Gazette ; (e) "prebcr~bed " nxruzs prescl ibed by rules rnadc under this Act; "xced" means seed cocoons, moths, egg> and silkwor~llsin the first two stagcs of developmen(; -- _ - -- - - - - - 1 This exprc\\ii>n \\as substituted for thc cxplcs\~on" State o ,,, f Madras" by the Nadu Atl'iplation of L,IH\ Order, 1969, amended by thc Tnrnil Nadu h.dapl:ltion of L;Iw\ (Second Amend. merit) Order, 1969. This expression war sub$tituted f'yr the cxprcbsion " Directol of Industries and Comfnercc. Madras by partigraph 4 of, and tllc Schedule to, the Tam11 Nadu Adaptation of Ln~sO rder 1970 which was deemed to have come into force on the 14th ]uuar; 1969,' r This word wns substituted for the word ProyinciH1 by the ~daptationO rder of 1950. $' \ .. - . . .xr .$ 3 1948 ;T .N. Act IIJ Silkworrta Disea$es (Prevention and Eradication) (g) "seed area" means an area notified by the raising seed cocoons ; i B ! (h) " seed cocoon " meaus cocoon raised from silkworm rearings and intended for reproduc- tive purposes ; (i) "seed producer" mcans any person engaged in all or any of the processes connected with the mnnufac- iure or disposzl of seeds; (j) ''seed rearer" Weans any person engaged in the occupation of rearing silkworms of ally species with a view to the sale of cocoons, n1oths;eggs or worms for the purposes of seed, including operations P extending from the incubationof eggs to the harvestin<. of cocoons ; (k) "Ser:'cultural Expert" rneans4the officer who is the Head of the Serjcultural Section of the '[Depart- ment of Industries atid Commerce, Tmil Naduf; * (I) "silkworm d:sease " mcans the disease of pebrine flacherie, gasserje, or muscardine or any other prescribcd disease ; (nt) "silkworm rearer" means any person engaged in the occupation of rearing silkworms of any species, wlth a vicw to the sale of cocoons, moths, eggs or worms. 3. (1) Every silkworm rearer, seed rearer and seed nut,, t o $f:~iem producer shall be bound to give information forth- furnish with to the nearest officer who has been duly authori- zed by the Sericultural Expert in that behalf of thcd. ISBaSBS. occurrence of any silkworm diseast in the seed, silk- worm, moth or cocoon, in any premises belonging to him or under his control, which may come to his knowledge. a -- I This expression was substituted for thja cxpreah b6DcpwC mat of Industries and Commpe, Madras ,' paragraph 4 of, and the Schedule to, the Tauul Nadu Adaptatwn of ~ W @LQ r, 1970, which was deemed to havo come into for(oon tho 14t@, jaaW 1969, li y" , : ,,.:L, 3 * + < , * " J-*$ ""< i:n" ,b X y V," : + i Silkworm Diseases [I948 : T.N. Act f i (Prevention and Eradication) (2) Every such person shall be deemed to have had knowledge of the ,occurrence of any such disease in any premises belonging to him or under his cont~ol, in the absence of reasonable excuse the burden of proving which shall lie upon him. 4. (1) The Sericultural Expert or any officer ~ispoction of premises. authorized by him in this behalf may at all reasonable times, enter and inspect any land, building, ~essel, vehicle or place wherein or in any part '[whereof]-- (i) all or any of the processes connected with the rearing of silkworms oy the manufacture of seed is carried on, or !iij seed, ~ilkvrorms,m oth or cocoon is stored, or is be'ing transported, if he has reason to believe, from personal knowledge or from information given by any prso~za nd taken down by him in writing, that any silkworm disease has occurred in such land, bujlding, vessei, ~ehicle or place. (2) Every owner, occupier or other person in- charge of any such land, building, vessel, vehicle, or placc shall be bound to give all reasonable faci- lities to the officer aforesaid in carrying out his ft~nc- tions under sub-section (I). Power lo 5. (1) On receipt of iriformation under section 3 take or on tlw detection of any silkworm disease after measures for the inspection under section 4, the Sericultural Expert eradica- or any officer authorized by him in this behalf, or the tion of silk worn^ officer making such inspection, may .take or cause disease$. to be taken such measures as he may consider neces- sary or expedient to prevent the spread of the disease or to eradicate it, being measures referred to in sub- section (2). This word was substitt~ted for the word "thereof" by section 4 of, and the Third Schedule to, the Tamil Nadu Repealing and Amending Act, 1957 (Tamil Nadu Act XXV of 1957) ; so far as tho added territories are concerned the above amendment was made by seuipn of, and the Second hhedule to, the Tamil Nadu (Added Tantonos) Extonsion of Laws Act, 1964 (Tap11N adu : Aot 8 of 1964). +#, f 948 : T.N. Act 111 Silkworm Diseases (P~.eventiona nd Eradication) (2) Such measures may consist of- (b) the prohibition for a specified period of the rearing by seedrearcrs of any species of silkworm in which a silkworlll disease has broken out in a virulent form ; (c) any other action which 111ay be prescri- bed. (3) At least twenty-foar hours' notice shall be given to the owner or otl~er pessnn j~~-charge of any object or article which it is intended to destroy under this section. * 6. (1) lf such dcstri~ctioni s ordcscd by the Scri- Appcnls. cultural Expert or an Assistn~:t Se~,lculti~raEl xpcst, the ordcr shall be final. (?).lf sucll tlcs!rucrion is osc!cictf by Itn oflice,- infcrior 11.1 rank an Assib~nnt F,c~.icri.l,i~r:!El xp::j.[, tllc owller or ot!ier p:r-~cjt~i i~-:hni,::i: tjf ilic ol>jccl 0,. articlc COIICC~IIC.i~17 ::y, \vi! hill t7.~~j~fl-l/!i ,~Ii,:o U r S 01. thc servicc of the ric~ticc~ .c!i.i,i<Liio ii-1 s.~ctio5i~, s ill>- scctioil (3), appc:il to the Ashistailt Scl ic~,I[ur::Ij i;\poi.t nomillated by the Sei.ic~il!ui.nlI :xpcrt to l~c;!r a1,1,~;~ls under this scction ; :~11dL l~cij idci. of s:,ch Assi4tani Sericilliusal Expc1.L s11:tll bc lir~;~l. 7. (1) Any p<rsr)n C\\I\! ~,,\Y'~ICoSr f:~ils to ~ ~ ~ ~ l t ; ~ ~ . comply with any p~ovrsior~,tcl~iisl ALI 01. nrty r~llco r ordcr made tl~csc~ii\clcssh ill1 bc. pti~ii\l~;~wl)~lt~l, f illC which may extclltl to one I~undrccl I ill)cc\ ; and ally Court trying any sucli coritritvoi~lion 01. I~!iltrrc 113;ry direct that any sced, silkworm. 1notl1 or cocoorl, or any vessci, rcccpt:lclt: 01' 8pp,ll.,L~it s cnnl,r~zin~:: { ilc same, in respect of which thc'C'nu~.ti \ \:~~~\lltchtaIt \~tcll contmvcntion or G~ilurc has c\cctt!rcci, s11;rll fol--. feited to the Gover~ulcnt.i 1030 SiaCWonq D+emt?s (1948 : T.N. Act If (Rreventfon and Eradication) (2) No prosecution shall be instituted under sub-section (1) without the previous sanction of the Sericultural Expert. 8. No suit, prosecution or other proceeding shall lie against any officer or servant, of the Government of Govern- ment for any act done or purporting to be done under this 05fcersa.d Act, without the previous sanction of the Govern- - senants. mat. Power to 9. (1) The Govenunent may make rules to carry maka out the purposes of this Act. nrks. (2) In particular and without prejudice to the generality of the foregoing power, such rules may pro- vide for all or any of the following matters, namely:- (i) the diseases, if any, whioh should be treated as silkworm diseases, in addition to those specified in section 2, clause (I) ; (ii) the particulars of the information to be furnished under section 3 and the form in which it should be furnished ; (iii) the measures which may be taker1 under section 5 for eradicating silkworm diseases ; (iv) the form in which appeals may &: ?,re ferred under section 6.