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2020

Atal Bihari Vjpayee

Institute of Good Governance

and Policy Analysis

Study on Redundant Agriculture Laws in Madhya Pradesh

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INTRODUCTION

Rule of law is the defining principle of a well-functioning modern democratic polity. Laws are

the DNA of government—they define the foundations of public administration and they shape

the incentives and behavior of private agents. The essence of good governance is good laws; for

rule of law to operate, laws must be well-written and well-coded. Laws must be precise,

principles-based, and should stand the test of time.

India being the largest democracies in the world with an ever-rising population, India’s

enthusiasm for legislation has had, as a by- product, several statutes that with the advent of time

have become obsolete, redundant or repetitive. In addition to this, there is the matter of

inconsistent language and dissemination- making it difficult for an ordinary citizen to access

and comprehend the plethora of legal information with ease.

Agricultural law deals with such legal issues as agricultural infrastructure, seed, water,

fertilizer, pesticide use, agricultural finance, agricultural labour, agricultural marketing,

agricultural insurance, farming rights, land tenure and tenancy system and law on

Agricultural processing and rural industry

Madhya Pradesh, with its large area, enjoys diverse climatic and soil conditions suitable

for a broad range of agricultural products. Agriculture sector in Madhya Pradesh forms the

backbone of its economy. It contributes almost one-fourth of the Gross State Domestic

Product (GSDP) and is the main source of employment for over 65 percent of the

population and constitutes about 60- 75 percent of the rural income.

Our enthusiasm for legislation has left us with over an estimated 3000 central statues, several of

which are obsolete, redundant or repetitive. Even the government’s attempt to publish a list of

all central statues in India Code has proven to be incomprehensive—the code misses laws,

sometimes repeats listings, and often further research on whether the laws have indeed been

taken off the books is inconclusive. Not just this, the final language of laws is often

inconsistent—several versions of Acts are available, and for an ordinary citizen without

significant legal where with it is almost impossible to know for sure what language of what law

he may have violated

This is one among a tangle of bizarre, archaic laws, which survived for years like a relic in a

museum but with no relevance in modern India. Many of these rules put up obstacles to running

smooth administration and ease to do business.

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Through this study an attempt is being made to bring to the light the existence of the laws in

contemporary scenario and its relevancy by tracing back the usefulness in last 10 years or so.

We hope this study will help the department concerned to review the laws and repeal or amend

the existing acts to ensure. While statutory reform is only the beginning of a wider process of

legal overhaul, it is perhaps the most important—without sound laws, India will not provide an

enabling environment, neither for citizens, nor for entrepreneurs. Repealing pointless legislation

is the first step in this direction.

RESEARCH METHODOLOGY

The identification of laws recommended for repeal in this compendium has been done through

referring the Manual on Agriculture Law by Farmer Welfare & Agriculture Development,

Madhya Pradesh. The laws are categorized into different categories such as Loans Act,

Sugarcane act, Seed act etc. The laws are divided into the year of enactment and its usage in last

10 years or so.

Steps ensured to select the acts to be examined for the purpose of Study:

The laws were identified from the Manual on Agriculture Law by Farmer Welfare &

Agriculture Development, Madhya Pradesh. The laws are categorized into different

categories such as Loans Act, Sugarcane act, Seed act etc.

The consultation from law department was taken to know the existence of laws & to

know the enforceability of the same.

The suggestions from various officials and departments was seek to understand the

relevancy of the acts.

While understanding the relevancy various departments were consulted

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Detailed analysis of the acts related to Agriculture

department

The Madhya Pradesh Sugarcane (Regulation of

Supply and Purchase Act),1958

What is the law?

An Act to regulate supply and purchase of Sugarcane in Madhya Pradesh. The agriculture

department ensures that the farmers or manufacturers are paid due amount on time by the

various sugar industries. As per the Sugarcane crushing season 2018-19 is concerned sugarcane

was cultivated in 1.07 lakh hectors. And as per the reports in the Sugarcane crushing season

2019-20 there is a possibility of cultivating 1.03 lakh hectors.

At present there are 21 sugar factories are being operated in the state, where 3 of them are

cooperative and others are private.

Key Features:

First Chapter is the preliminary part containing important definitions such as that of sugarcane

Board, Cane Commissioner, Cane development, Cane growers, crushing season, reserved area

etc.

Second chapter talks about the Administrative Machinery which defines Sugarcane Board its

functions; Establishment of Council and functions of the same. It also states about cane

commissioner who shall perform such duties and exercise such powers as are conferred or

imposed upon him by or under this Act.

Third chapter states about the Supply and Purchase of Cane.

The Last chapter is the miscellaneous chapter which states about the Reference of dispute to

Cane Commissioner in case of any dispute and penalties that can be imposed in case of any

person contravenes any of the provisions. As section 30 confers power to State Government to

make rules that were formulated as The Madhya Pradesh Sugarcane (Supply and Purchase)

Rules, 1959.

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Input from the department:

The several rounds of the meetings held with the officials of the department concerned. The

meeting comprised of the distinguished member of the department headed by additional

director.

S.No. Questions Responses

1. Whether there has been any

action taken anywhere/by

anybody under the provisions

of this act

Yes, According to the

The Madhya Pradesh Sugarcane

(Regulation of Supply and Purchase Act)

1958 there has been timely actions taken

under this act.

2. If the above mentioned act not

been in use for a long time,

Can there be any scope of

repealing the same?

The committee unanimously disagreed on

repealing the act or any provision

mentioned under the same.

3. Is there any other information

available regarding the

usefulness of the act? Also if

there have been any bye-laws

formulated under the same

According to section 30 of the act The

State Government may make rules for the

purpose of carrying into effect the

provisions of this Act. Therefore under

this provision the state government has

enacted The Madhya Pradesh Sugarcane

(Regulation of Supply and Purchase

Rules)1959

4. Comment upon usefulness of

the particular act

Usefulness of this particular act is

mentioned as following:

-According to section 3 and 5 Sugarcane

Board and the Cane Development Council

has been established.

-As per section 9, 10 and 11 State

government appoints Cane Commissioner,

Additional Cane Commissioner and

Inspectors.

-According to section 15 and 16 of the act

the Cane Commissioner declares the

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reserved area and assigned area and as per

section 17 the cane commissioner may

alter the reserved/assigned area.

- As per section 18 An appeal shall lie to

the State Government against the order of

the Cane Commissioner passed under

Section 15, 16 or 17 before the expiry of

thirty days from the date of the order.

-According to section 20 (1), (2) and (3),

The occupier shall make suitable

provision to the satisfaction of the

Collector for the payment of the price of

cane.

-Section 21 states about the Commission

on purchase of cane.

-Section 22 gives the power to State

Government to declare varieties of cane to

be unsuitable for use in factories.

-Section 24 states about reference of any

dispute to Cane Commissioner

- As according to section 26 penalties may

be imposed upon the person who

contravenes with, any provision under this

act there under he shall be liable to

imprisonment extending to six months or

to a fine not exceeding rupees five

thousand or both and in the case of

continuing contravention to a further fine

not exceeding rupees one thousand for

each day during which the contravention

continues.

Therefore any action related to sugarcane

is taken according to the provisions

mentioned under this act.

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Therefore after the thorough discussions on the above act except for the few provisions such as

possibility of amendment in section 26 which states about the penalties and enforceability of

few provisions the committee has decided to uphold the act as it is.

Conclusion/Suggestions:

Considering the enforceability of the particular act in Madhya Pradesh along with the Statistics

and the success story of rise in sugarcane cultivation as mentioned in report by the Agriculture

Department. The act should rightly be upheld and there cannot be any scope of repealing the

particular act though there is a scope for better enforceability and thereby amendment is

possible in few provisions. The final decision lies with the department concerned.

The M.P. Sugarcane (Regulation of Supply and Purchase)

Act, 1958 (M.P. Act No. 1 of 1959)

[Dated 26th February, 1959]

Received the assent of the President on the 26th February, 1959; assent first published in the

Madhya Pradesh Gazette on the 13th March, 1959.

Be it enacted by the Madhya Pradesh Legislature in the Ninth year of the Republic of India as

follows:-

CHAPTER I

Preliminary

1. Short title, extent and commencement. - (1) This Act may be cited as the Madhya Pradesh

Sugarcane (Regulation of Supply or Purchase) Act, 1958.

(2) It extends to the whole of Madhya Pradesh.

(3) It shall [come into force on such date] as the State Government may, by notification,

appoint.

2. Definitions. - In this Act, unless there is anything repugnant in the subject or context,-

(a) "assigned area" means an area assigned to a factory under Section 16;

(b) "Board" means the Sugarcane Board established under Section 3;

(c) "cane" means sugarcane intended for use in a factory;

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(d) "Cane Commissioner" means the Officer appointed to be Cane Commissioner under

Section 9, and includes an Additional Cane Commissioner appointed under Section 10;

[(d-1) "Cane development" means and includes-

(i) (a) improvement of land;

(b) construction of wells and other works for supply of water; and

(c) purchase of seeds, pesticides, fertilizers and irrigation and other

mechanical equipment;

for purposes of cultivation of sugarcane; and

(ii) such other matters as the State Government may from time to time, by

notification, declare to be cane development;]

(e) "Cane-grower" means a person who cultivates cane either by himself or by members of

his family or by hired labour and who is not a member of a Cane growers’ Co-operative

Society;

(f) "Cane-growers’ Co-operative Society" means a Society registered under any law

relating to Co-operative Societies in force in any part of Madhya Pradesh, one of the

objects of which is to sell cane grown by its members and includes the federation of such

societies, registered under such law;

(g) "Collector" includes any person whom the State Government may, by notification,

appoint to exercise and perform the powers and duties of a Collector under this Act;

(h) "Council" means the Cane Development Council established under Section 5;

(i) "crushing season" means the period beginning on the 1st October in any year and ending

on the 30th June next following;

(j) "factory" means any premises, including the precincts thereof wherein twenty or more

workers are working or were working on any day during the preceding twelve months

and in any part of which any manufacturing process connected with the products of sugar

by means of vacuum pans is being carried on or is ordinarily carried on with the aid of

mechanized power;

(k) "managing agent" has the meaning assigned to it in the Indian Companies Act, 1956 (1

of 1956);

(l) "occupier of a factory" means the person who has ultimate control over the affairs of the

factory, and where the said affairs are entrusted to a managing agent, such agent shall be

deemed to be the occupier of the factory;

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(m) "purchasing agent" means a person licensed under this Act to act as a purchasing agent;

and

(n) "reserved area" means an area specified in an order issued under Section 15.

CHAPTER II

Administrative Machinery

3. Sugarcane Board. - (1) There shall be established by the State Government, by notification,

Sugarcane Board for Madhya Pradesh.

(2) The Board shall consist of-

(a) the Minister-in-charge of Agriculture;

(b) the Minister-in-charge of Industries;

(c) nine members to be appointed by the State Government of whom three shall be

representatives of Sugar factories and three shall be representatives of Cane-growers and

the Cane-growers' Co-operative Societies and the remainder shall be persons possessing

technical knowledge in sugarcane or otherwise interested in the development of

sugarcane and its products;

(d) the Cane Commissioner; and

(e) the Secretary to the State Government in the Agriculture Department or such other

officer as may be nominated by the State Government.

(3) The Minister-in-charge of Agriculture shall be the Chairman of the Board and the officer

nominated under clause (e) of sub-section (2) shall be the Secretary of the Board.

(4) The term of office of a member appointed under clause (c) of sub-section (2) shall be three

years from the date of the publication of the name of such member in the Gazette.

(5) The Chairman shall, if present, preside at all meetings of the Board and in his absence the

Minister-in-charge of Industries. If the Chairman and the Minister-in-charge of Industries are

both absent at a meeting of the Board then the members present shall elect a Chairman for the

meeting.

4. Functions of the Board. - The Board shall advise the State Government on the following

matters, namely:-

(a) matters pertaining to the regulation of supply and purchase of cane for sugar factories;

(b) the varieties of cane which are suitable or unsuitable for use in sugar factories;

(c) the maintenance of healthy relations between occupiers or managers of factories, Cane-

growers’ Co-operative Societies, Cane Development Council and purchasing agents; and

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(d) such other matters as may be prescribed.

5. The Cane Development Council. - (1) There shall be established, by notification for the

reserved area of a factory a Cane Development Council which shall be a body corporate by the

name of such area or such other name as the State Government may notify in this behalf having

perpetual succession, and subject to such restrictions or qualifications as may be imposed under

this Act or any other enactment, vested with the capacity of suing and being sued in its

corporate name, of acquiring, holding, administering and transferring property both movable

and immovable, and of entering into contracts :

Provided that where the Cane Commissioner so directs, the Council may be established for a

larger or smaller area than the reserved area of a factory.

(2) The area for which a Council is established shall be called a zone.

(3) The Council shall consist of-

(a) the Chairman to be nominated by the Cane Commissioner with the approval of the State

Government;

(b) two members representing sugar factories to be nominated by the Cane Commissioner;

(c) two members representing the Cane-growers and the Cane-growers’ Co-operative

Societies of the zone to be nominated by the Cane Commissioner;

(d) a member of the Legislative Assembly residing in or representing any area comprised in

the zone to be nominated by the State Government; and

(e) the District Agriculture Officer or an officer nominated by the Cane Commissioner who

shall be Member-cum-Secretary.

(4) Every person nominated under sub-section (3) shall enter upon his office on the date on

which the notification nominating him is published in the Gazette and the term of office of such

person shall be three years from the date of such notification.

(5) The Cane Commissioner, if he is satisfied that it is necessary so to do, may with the

approval of the State Government, dissolve the Council before the expiry of its term, or remove

any member thereof for reasons to be recorded :

Provided that no action under this sub-section shall be taken unless the Council or the member,

as the case may be, has been given a reasonable opportunity of being heard in the matter.

(6) Where a Council is dissolved, the following consequences shall follow:-

(a) all members including the Chairman shall on a date to be specified in the order vacate

their offices but without prejudice to their eligibility for renomination;

(b) the Council shall be reconstituted by the Cane Commissioner in accordance with the

provisions of sub-section (3); and

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(c) the duties, powers and functions of the Council shall, pending its reconstitution, be

discharged, exercised and performed by the Cane Commissioner or such other officer as

he may direct.

6. Functions of the Council. - (1) Functions of the Council shall be-

(a) to consider and approve the programme of development for the zone;

(b) to devise ways and means for the execution of the development plan in all its essentials

such as cane varieties, cane-seed, sowing programme, fertilizers and manures;

(c) to undertake the development of irrigation and other agricultural facilities in the zone;

(d) to take necessary steps for the prevention and control of diseases and pests and to render

all possible help in the soil extension work;

(e) to impart technical training to cultivators in matters relating to the production of cane;

(f) to administer the funds at its disposal for the execution of the development scheme

subject to such conditions as may be prescribed; and

(g) to perform other prescribed functions pertaining and conducive to the general

development of the zone.

(2) The State Government may at any time direct the Cane Commissioner to convene a joint

meeting of two or more councils. Every such meeting shall be presided over by such person as

may be nominated in that behalf by the State Government.

7. Casual Vacancy. - A casual vacancy in the Council shall be filled up in the manner stated in

sub-section (3) of Section 5 and any person nominated to fill the casual vacancy shall hold

office for the unexpired term of his predecessor.

8. Council Fund. - (1) There shall be a fund at the disposal of the Council to meet the charges

in connection with the discharge of its duties and performance of its functions under this Act.

(2) The fund of the Council shall consist of-

(a) grants, if any, made by the Indian Central Sugarcane Committee;

(b) grants, if any, made by the State Government;

(c) sums received by the Council by way of commission under Section 21; and

(d) any other sums which may be credited to it under the general or special orders of the

State Government.

9. Cane Commissioner. - The State Government may, for purposes of this Act, appoint Cane

Commissioner who shall perform such duties and exercise such powers as are conferred or

imposed upon him by or under this Act.

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10. Additional Cane Commissioner. - (1) The State Government may appoint or designate

such Government Officer as it thinks fit to be Additional Cane Commissioner.

(2) An Additional Cane Commissioner shall exercise such powers and discharge such duties of

the Cane Commissioner as the State Government may direct.

11. Inspectors. - (1) The State Government may for purposes of this Act appoint any person or

designate such officer of the Government as it thinks fit to be Inspector within such local limits

as may be assigned to him.

(2) The Inspector shall perform the duties and exercise the powers conferred or imposed upon

him by or under this Act.

CHAPTER III

Supply and Purchase of Cane

12. Estimates of requirements. - (1) The Cane Commissioner may, for purposes of Section 15,

16 or 17 by order, require the occupier to furnish in the manner and by the date specified in the

order to the Cane Commissioner an estimate of the quantity of cane which will be required by

the factory during such crushing season as may be specified in the order.

(2) The Cane Commissioner shall examine every such estimate and shall publish the same with

such modifications, if any, as he may make.

(3) An estimate under sub-section (2) may be revised by an authority to be prescribed.

13. Register of Cane-growers and Cane-growers’ Co-operative Society or Societies. - (1)

The occupier shall maintain in the prescribed form a register of all such Cane-growers and

Cane-growers’ Co-operative Societies, as shall sell cane to that factory.

(2) The State Government may make rules for the inspection of such register and the procedure

for the correction of any entry therein and obtaining copy of an entry from such register and in

making such rules the State Government may also provide for payment of charges for

correction and supply of copies.

14. Power of survey, etc. - (1) The State Government, for purposes of Section 15, 16 or 17 by

order, provide for-

(a) survey to be made of the area proposed to be reserved or assigned for supply of cane to a

factory and the recovery of the cost of such survey from the occupier;

(b) the appointment of an officer for purposes of such survey, his duties and powers;

(c) the procedure in accordance with which the survey shall be made;

(d) the assistance and facilities to be provided to the officer appointed in pursuance of

clause (b) by the persons owing or occupying land in the area; and

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(e) such incidental and consequential matters as may appear to be necessary or desirable for

this purpose.

(2) Any amount due from the occupier in pursuance of clause (a) of sub-section (1) shall be

recoverable from such occupier as an arrear of land revenue.

15. Declaration of reserved area. - Without prejudice to any order under clause (d) of sub-

section (2) of Section 19, the Cane Commissioner may, after consulting in the prescribed

manner, the occupier and Cane-growers’ Co-operative Society, if any, in any area to be

reserved for a factory reserve such area for such factory and thereupon occupier thereof shall

subject to provisions of Section 22 be liable to purchase all cane grown in such area which is

offered for sale to the factory.

16. Declaration of assigned area. - Without prejudice to any order under clause (d) of sub-

section (2) of Section 19, the Cane Commissioner may after consulting in the manner

prescribed, the occupier and Cane-growers’ Co-operative Society, if any, in any area to be

assigned, assign such area for the purpose of the supply of cane to a factory in accordance with

the provisions of Section 19 during any crushing season; and thereupon the occupier thereof

shall subject to the provisions of Section 22 be liable to purchase such quantity of cane grown

in that area and offered for sale to the factory as may be determined by the Cane Commissioner.

17. Alteration of reserved or assigned area. - The Cane Commissioner may, at any time, if he

considers it expedient so to do cancel any order reserving or assigning any area or alter the

boundaries of an area so reserved or assigned.

18. Appeal. - An appeal shall lie to the State Government against the order of the Cane

Commissioner passed under Section 15, 16 or 17 before the expiry of thirty days from the date

of the order:

Provided that the State Government may for sufficient cause admit any appeal after the expiry

of such period.

19. Regulation of purchase and supply of cane in the reserved and assigned areas. - (1) The

State Government may, for maintaining supplies, by order regulate-

(a) a distribution, sale or purchase of cane in any reserved or assigned area; and

(b) purchase of cane in any area other than a reserved or assigned area.

(2) Without prejudice to the generality of the foregoing powers such order may provide for-

(a) the quantity of cane to be supplied by each Cane-grower or Cane-growers’ Co-operative

Society in such area to the factory for which the area has been so reserved or assigned;

(b) the manner in which cane grown in the reserved area or the assigned area shall be

purchased by the factory for which the area has been so reserved or assigned and the

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circumstances in which the cane grown by a cane-grower shall not be purchased except

through a Cane-growers’ Co-operative Society;

(c) the form and terms and conditions of the agreement to be executed by the occupier of

the factory for which an area is reserved or assigned for the purchase of cane offered for

sale;

(d) the circumstances under which permission may be granted-

(i) for the purchase of cane grown in reserved or assigned area by a purchasing agent

or any person other than the factory for which area has been reserved or assigned;

and

(ii) for the sale of cane grown in a reserved or assigned area to any other person or

factory other than the factory for which the area is reserved or assigned;

(e) such incidental and consequential matters as may appear to be necessary or desirable for

this purpose.

20. Payment of cane price. - (1) The occupier shall make suitable provision to the satisfaction

of the Collector for the payment of the price of cane.

[(2) Upon the delivery of cane, the occupier shall, subject to the deductions specified in sub-

section (2-a) be liable to pay immediately the price of the cane so supplied, together with all

other sums connected therewith and where the supplies have been made through a purchasing

agent, the purchasing agent shall similarly be liable in addition to the occupier.

(2-a) Where a Cane-grower or a Cane-growers’ Co-operative Society, as the case may be, to

whom price is payable under sub-section (1) has borrowed a loan for cane development from

any agency notified by the State Government in this behalf, the occupier or the purchasing

agent, as the case may be, shall be, on being authorised by that agency so to do, entitled to

deduct from the price so payable, such amount as may be prescribed, towards the recovery of

such loan and pay the same to the agency concerned forthwith.]

[(3) Where the person liable under sub-section (2) is in default in making the payment of the

price for a period exceeding fourteen days from the date of delivery he shall also pay interest at

the rate of 14-½ per cent, per annum from the said date of delivery upto the date of payment but

the Cane Commissioner may, in any case, direct with the approval of the State Government that

no interest shall be paid or be paid at such reduced rate as he may fix.]

(4) The Cane Commissioner shall forward to the Collector a certificate under his signature

specifying the amount of arrears on account of the price of cane plus interest, if any, due from

the occupier and the Collector, on receipt of such certificate, shall proceed to recover from such

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occupier the amount specified therein as if it were an arrear of land revenue together with

further interest up to the date of recovery.

21. Commission on purchase of cane. - (1) There shall be paid by the occupier a commission

for every one maund of cane purchased by the factory-

(a) where the purchase is made through a Cane-growers’ Cooperative Society, the

commission shall be payable to the Cane-growers’ Co-operative Society and the Council

in such proportion as the State Government may declare; and

(b) where the purchase is made directly from the Cane-grower, the commission shall be

payable to the Council.

(2) The commission payable under clauses (a) and (b) of sub-section (1) shall be at such rates as

may be prescribed provided, however, that the rate fixed under clause (b) shall not exceed the

rate at which the commission may be payable to the Council under clause (a).

(3) The provisions relating to payment, interest and recovery, including recovery as arrears of

land revenue, applicable to price of cane shall mutatis mutandis apply to payment and recovery

of commission under sub-section (1).

22. Power to declare varieties of cane to be unsuitable for use in factories. - (1) The State

Government may, by notification, declare that-

(a) cane of any variety grown in any area specified in such notification is unsuitable for use

in a factory situated in the said area;

(b) ratoon cane of any variety grown in any area specified in such notification is unsuitable

for use in a factory situated in the said area; and

(c) seed cane of any variety is unsuitable for distribution to cultivators in the area specified

in such notification.

(2) A notification under sub-section (1) shall be issued not later than the 20lh November of the

year immediately preceding the crushing season with respect to which such notification is to

operate.

(3) Where any seed cane of any variety has been declared under sub-section (1) to be unsuitable

for distribution to cultivators in that area, the occupier or any other person acting on his behalf

or Cane-growers’ Co-operative Society shall not distribute seed cane of such variety or varieties

to any person to be used by Cane-growers or the members of the Cane-growers’ Co-operative

Societies in any area.

(4) Where cane or ratoon cane of any variety has been declared under sub-section (1) to be

unsuitable for use in a factory, the occupier or any other person acting on his behalf or a Cane-

grower or a Cane-growers’ Co-operative Society shall not plant cane of any variety or keep

ratoon cane of any such variety.

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CHAPTER IV

Miscellaneous

23. [xxx]

24. Reference of dispute to Cane Commissioner. - If any dispute arises-

(a) between a Cane-growers’ Co-operative Society and a factory, or between a Cane-grower

and a factory, or between a Cane-growers’ Co-operative Society and a Cane-grower; or

(b) between the Council and Cane-growers’ Co-operative Society or between the Council

and a factory, or between the Council and a Cane-grower regarding the payment of

contribution to the Council by a Society or a factory; or

(c) relating to the business of the Council;

it shall be referred for decision to the Cane Commissioner or if he so directs to the Arbitrator

nominated by him and the decision of the Cane Commissioner or the Arbitrator, as the case may

be, shall be final.

25. Determination of occupier for the purpose of this Act. - (1) Where the occupier is a firm

or other association of individuals, any one or more of the partners or members thereof may be

prosecuted and punished under this Act for any offence for which the occupier is punishable :

Provided that the firm or association may give notice to the Collector that it has nominated one

of its members to be occupier for the purpose of this Act, and such individual shall be deemed

to be occupier for the purpose of this Act, until further notice cancelling his nomination is

received by the Collector or until he ceases to be a partner or member of the firm or association.

(2) Where the occupier is a company any one or more of the Directors thereof, or in the case of

a private company any one or more of the shareholders thereof may be prosecuted and punished

under this Act for any offence for which the occupier is punishable:

Provided that the company may give notice to the Collector that it has nominated a Director, or

in the case of a private company, a share-holder to be the occupier for the purposes of this Act

and such Director or share-holder shall be deemed to be the occupier for the purposes of this

Act until further notice cancelling his nomination is received by the Collector or until he ceases

to be a Director or share-holder.

26. Penalties. - If any person contravenes any of the provisions of this Act or any rule or order

made there under he shall be liable to imprisonment extending to six months or to a fine not

exceeding rupees five thousand or both and in the case of continuing contravention to a further

fine not exceeding rupees one thousand for each day during which the contravention continues.

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27. Institutions of proceeding. - (1) No prosecution shall be instituted under this Act except

upon complaint made by or under authority from the Cane Commissioner or the Collector of the

district.

(2) On the application of a person accused of an offence under this Act, the Cane Commissioner

or the Collector of the district with the previous concurrence of the Cane Commissioner may at

any stage compound such offence by levying a composition lee not exceeding the fine which

could be imposed for such offence.

(3) No Court inferior to that of a Magistrate of the Second Class shall try any offence against

this Act or any order or rule made there under.

28. Special powers of Magistrate. - Notwithstanding anything contained in Section 32 of

the [Code of Criminal Procedure, 1898 (V of 1898)] it shall be lawful for a Magistrate of the

First Class especially empowered by the State Government in this behalf and trying any case

under this Act or any order or rule made there under to pass a sentence of fine not exceeding

five thousand rupees on any person convicted for any offence under this Act.

29. Protection of action taken under the Act. - (1) No suit, prosecution or other legal

proceeding shall lie against any person for anything which is in good faith done or intended to

be done in pursuance of any order or rule made under this Act.

(2) No suit or other legal proceeding shall lie against the State Government for any damage

caused or likely to be caused by anything which is in good faith done or intended to be done in

pursuance of any order or rule made under this Act.

30. Power to make rules. - (1) The State Government may make rules for the purpose of

carrying into effect the provisions of this Act.

(2) Without prejudice to the generality of foregoing power, such rules may provide for-

(a) the conduct of business by the Board and Council;

(b) the business to be transacted at meetings convened under sub-section (2) of Section 6;

(c) the manner and form in which the fund placed at the disposal of the Council under

Section 8 shall be maintained and the application and payment from such fund;

(d) the duties, powers and functions of the Cane Commissioner;

(e) the matters relating to the appointment and other conditions of service of inspectors to

be appointed under Section 11 and their duties, powers and functions;

(f) the fees to be paid in respect of applications and appeals under this Act;

(g) the appointment and licensing of purchasing agents, and other persons to be employed

by the purchasing agents and the sugar factories for the purchase of cane, their functions

18

and duties and the securities to be deposited by them and the conditions under which

these securities may be forfeited;

(h) the form of the agreement to be entered into by or under the provisions of this Act and

the penalty to be paid for breach of conditions of agreement;

(i) the constitution, operation, management, supervision and audit of Cane-growers’ Co-

operative Societies and federation and conditions relating to recognition of such societies

or federation for purposes of this Act and rules and control of their staff and finances;

(j) the rate at which and the manner in which commission shall be paid to the Cane-

growers’ Co-operative Society on supply of cane by them;

(k) the correct weighment of cane, the provision of facilities for weighment and for

checking weighments and of timings of weighments;

(l) the provision of approach roads, parking space for carts bringing cane to factories, sheds

for bullocks and carl-drivers, water-troughs for bullocks and other connected matters;

[(l-l) deduction of amount under sub-section (2-a) of Section 20;]

[(m) xxx]

(n) the procedure for matters falling under Section 24;

(o) the form of the statements, returns, register and other forms required to be maintained

by or under this Act and the filling of such returns, statements and forms;

(p) the form and the manner in which application shall be made for various purposes under

this Act;

(q) the duties of any officer or authority having jurisdiction under this Act and the

procedure to be followed by such officer or authority; and

(r) the matters which are to be or may be prescribed.

(3) The rules made under this section shall come into force from a date to be appointed by the

State Government.

(4) All rules made under this section shall, as soon as may be, after they are made be laid before

the Legislative Assembly and shall be subject to such modifications as the Legislative

Assembly may make.

Notification

Notification. No. D-3-6-80-XIV-3, dated the 9th December, 1983, Published in M.P.

Rajpatra, Part I, dated 14-6-1985 at p. 918. - In exercise of the powers conferred by sub-

section (1) of Section 5 of the Madhya Pradesh Sugar-cane (Regulation of Supply & Purchase)

Act, 1958 (No. 1 of 1959), the State Government hereby establishes Cane Development

19

Councils specified in column (2) of the Schedule below for the reserved areas of the sugar

factories specified in the corresponding entry in column (3) of the said Schedule,-

Schedule

SI.

No.

Name of Council Area Sugar Factory

District Tahsil

(1) (2) (3) (4)

1. Cane Development

Council, Sehore

(1) Sehore

(2) Rajgarh

(3)

Shajapur

(4) Bhopal

(5) Raisen

(1) Sehore

(2) Ichhawar

(3) Ashta

(1)

Narsinghgarh

(1) Shujalpur

(1) Huzu

(BPL)

(1)

Goharganj

2. Cane Development

Council, Jaora, District

Ratlam

(1) Ratlam

(2)

Shajapur

(1) Ratlam

(2) Sailana

(3) Jaora

(1) Agar

3. Cane Development

Council, Mahidpur,

District Ujjain

(1) Ujjain

(1) Ujjain

(2) Badnagar

(3)

Khachraud

(4) Mahidpur

(5) Tarana

(1) Alote

20

(2) Ratlam

4. Cane Development

Council, Daloda, District

Mandsaur

(1)

Mandsaur

(1) Mandsaur

(2) Sitamau

(3) Neemuch

(4)

Malhargarh

(5) Jawad

(6) Manasa

(7) Garoth

(8) Bhanpura

5. Cane Development

Council, Gwalior

(1) Gwalior

(2)

Shivpuri

(3) Datia

(1) Dabra

(1) Karera

(1) Datia

(2) Scwarha

6. Cane Development

Council, Kailaras, District

Morena

(1) Morena (1) Morena

(2) Ambah

(3) Jaora

(4) Sabalgarh

(5)

Sheopurkala

(6) Vijaipur

7. Cane Development

Council, Indore, District

Indore

(1) Indore

(2) Dewas

(1) Indore

(2) Mhow

(3) Sanwer

(4) Depalpur

(1) Dewas

(2) Sonkatch

(3)

Khategaon

(4) Bagli

21

The Madhya Pradesh Cotton (Statistics) Act,

1947

What is the law?

The act was formulated to expedient to facilitate the collection of statistics of Stocks of Indian

raw cotton in [Madhya Pradesh]. The act formulated in year 1947 to ensure that there is yearly

submission of returns of cotton by every owner as well as the trader. In case of any

infringement occurs in the act the act has provision to impose penalties on the wrong doer.

Key Features:

The act comprises of 13 sections which mainly includes definitions of terms including cotton,

director, trader, cotton ginning factory etc., An Act to facilitate the collection of statistics of

stocks of Indian raw cotton in Madhya Pradesh. This act states that there has to be submission

of yearly returns of cotton. Section 3 of the particular act ensures that there has to be

submission of yearly returns of cotton. Section 4 gives right of access, inspection and search to

the director agriculture or any person appointed by them. Section 5 states about the information

received as per section 3 and 4 by the director can be utilized for various purposes also section

6 puts restrictions on publications of returns and information without the consent of the person

concerned except in case of purposes of prosecution under this act or under the Indian Penal

Code. Section 7 states about the imposition of penalties if any person is found not compiling

with the provision of this act shall be punishable with fine which may extend to five hundred

rupees, and in the case of a continuing offence, to a further fine which may extend to two

hundred rupees for each day after the first during which the offence continues; and in respect of

a false return or answer, the offence shall be deemed to continue until a true return or answer

has been submitted. Section 13 gives power to State Government to make rules.

Input from the department:

2

22

S. No. Questions Responses

1. Whether there has been any

action taken anywhere/by

anybody under the provisions

of this act?

Yes, According to the Madhya Pradesh

Cotton (Statistics) Act, 1947. The act does

exist but as far as enforceability is

concerned the agriculture department as

well as industries department are not

aware of the same.

2. If the above mentioned act not

been in use for a long time,

Can there be any scope of

repealing the same?

The committee unanimously disagreed on

repealing the act or any provision

mentioned under the same.

3. Is there any other information

available regarding the

usefulness of the act? Also if

there have been any bye-laws

formulated under the same.

As per the Deputy Director (Cotton) the

department has not used the particular act

since 15-20 years. This act particularly

used for ginning and pressing of cotton

and the statistics related to the same. This

particular act is also related to

industries/cotton which is used by

organisation such as CCI and

MARKFAD.

4. Comment upon usefulness of

the particular act.

The committee has unanimously agreed

that the representatives alone could not

decide about retaining the particular act

and therefore the agriculture department

will consult other departments and then

only the final decision can be taken in this

regard.

Suggestions/Conclusion:

As per the discussions and the review of the committee formulated, the act is clearly not been

used for a very long time also the departments seems to be confused as per the enforceability is

concerned. The response from various department concerned is yet to be taken. Therefore, there

does not seem to be any final take from the Agriculture department as far as

retaining/repealing/amending the particular act is concerned.

23

The Madhya Pradesh Cotton (Statistics) Act, 1947

[Act No. 40 of 1947]

[28th November, 1947]

PREAMBLE

An Act1 to facilitate the collection of statistics of stocks of Indian raw cotton in Madhya

Pradesh

Whereas it is expedient of facilitate the collection of statistics of stocks of Indian raw cotton in

Madhya Pradesh;

It is hereby enacted as follows:

Section 1 - Short title, extent and commencement-

(1) This Act may be cited as The 2[Madhya Pradesh] Cotton (Statistics) Act, 1947

3.

4[(2) It extends to and shall be in force in the whole of Madhya Pradesh]

Section 2 – Definitions-

In this Act, unless there is anything repugnant in the subject or context,--

(a) "cotton" means Indian raw cotton and includes seed cotton, lint and fly;

5[(b) "Director" means the Director of Agriculture, Madhya Pradesh and includes any officer

appointed by the State Government to perform any of the functions of the Director under this

Act;]

(c) "owner" means the owner of a cotton ginning factory or a cotton pressing factory and

includes the managing agent or other principal officer of such factory;

(d) "prescribed" means prescribed by rules made under this Act;

(e) "trader" means a person, other than an owner, carrying on the business of buying or selling

cotton for the purposes of gain or profit, and includes--

(i) a manufacturer;

1 The Act was extended to the whole of Madhya Pradesh by Section 3 (1) of the M.P. Extension of Laws Act, 1958

(23 of 1958) with effect from 1-1-1959 2 Substituted by M.P. Extension of Laws Act, 1958 (23 of 1958) for the words "Central Provinces and Berar". 3 Received the assent of the Governor on the 28th November, 1947; assent first published in the Central Provinces

and Berar Gazette on the 21st November, 1947 4 Substituted by M.P. Extension of Laws Act, 1958 (23 of 1958) 5 Substituted by M.P. Act No. 14 of 1977 [w.e.f. 16-7-1977]

24

(ii) an importer who carries on such business; or

(iii) a broker or commission agent who contracts for the sale or purchase of cotton for others and

stocks cotton on their behalf; or

(iv) any other person who holds the prescribed quantity of cotton;

(f) "year" means a year commencing on the 1st day of September;

(g) the expressions "cotton ginning factory" and "cotton pressing factory" have respectively the

meanings assigned to them by the Cotton Ginning and Pressing Factories Act, 1925 (XII of 1925).

Section 3 - Submission of yearly returns of cotton-

(1) Every owner and every trader shall each year submit on or before the prescribed date to the

Director through such officer; if any, as the State Government may by notification from time to time

specify, a return in the prescribed form of the quantity of cotton of different varieties in his

possession on the last day of the previous year.

(2) Every return submitted under sub-section (1) shall be signed by the person submitting it.

Section 4 - Right of access, inspection and search-

The Director or any person authorised by him in writing in this behalf shall, for the purpose of

collecting any statistics required under Section 3 or for testing the accuracy of any return submitted

under Section 3 have access to every relevant document, book of account or other record in the

possession of any owner or trader and may at any reasonable time between sunrise and sunset with

or without notice to such owner or trader, as the case may be, enter any premises wherein he

believes such document, book or other record to be, and examine and take copies of, or extract from

the document, book of account or other record. The Director or the person so authorised may ask

any question and make an enquiry necessary for obtaining any information required for the

aforesaid purpose and shall also have access to any premises where he has reason to believe that

cotton is stocked.

Section 5 - Use of returns or information-

The Director may use returns submitted under Section 3 and information obtained under Section 4

for--

(a) compiling statistics required by the Indian Central Cotton Committee, constituted under the

Indian Cotton Cess Act, 1923 (XIV of 1923);

(b) such purposes in respect of the matters enumerated in list II of the Seventh Schedule to

the Constitution, as the State Government may direct.

Section 6 - Restriction on publication of returns and information-

(1) No individual return, and no part of any such return, and no information obtained for the

purposes of this Act, shall, without the previous consent in writing of the owner or trader

concerned, or his authorised agent, be published in such manner as would enable any particulars

25

to be identified as referring to a particular cotton ginning or pressing factory or the business of a

particular trader.

(2) Except for the purposes of a prosecution under this Act or under the Indian Penal Code

(XLV of 1860), no person not connected with the checking of returns or the collection of

information under this Act shall be permitted to see any individual return or information

referred to in sub-section (1).

Section 7 – Penalties-

If any person--

(a) Willfully refuses or without lawful excuse neglects to submit a return under Section 3, or

(b) willfully submit or causes to be submitted any such return which he knows to be false, or

(c) refuses to answer or willfully gives a false answer to any question or enquiry necessary for

obtaining any information for the purposes of this Act, or

(d) impedes the right of access to a relevant document, book of account or other record, or the

right of entry conferred by Section 4,

he shall be punishable with fine which may extend to five hundred rupees, and in the case of a

continuing offence, to a further fine which may extend to two hundred rupees for each day after

the first during which the offence continues; and in respect of a false return or answer, the

offence shall be deemed to continue until a true return or answer has been submitted.

Section 8 - Penalty for improper disclosure of information or returns-

Any person connected with the checking of returns or collection of information under this Act,

who, otherwise than in the execution of his duties under this Act or for the purpose of the

prosecution of an offence under this Act or under the Indian Penal Code (XLV of 1860),

willfully discloses any information given, or the contents of any return submitted under this Act

shall be punishable with imprisonment for a term which may extend to six months, or with fine

which may extend to one thousand rupees, or with both.

Section 9 - Cognizance of offences-

No prosecution for an offence under Section 7 shall be instituted except with the previous

sanction in writing of the Director, and no prosecution for an offence under Section 8 shall be

instituted except with the previous sanction in writing of the State Government.

Section 10 - Protection for acts done in good faith-

No suit or other legal proceeding shall be instituted against any person in respect of anything

which is in good faith done or intended to be done under this Act.

Section 11 - Offences by corporation-

If the person contravening any of the provisions of this Act, is a company or other body

corporate, the secretary, manager or other principal officer managing the affairs of such

company or body, as the case may be, shall be deemed to be guilty of such contravention.

26

Section 12 – Exemptions-

The State Government may, by general or special order, exempt any trader or class of traders

from the operation of this Act.

Section 13 - Power to make rules-

(1) The State Government may, after previous publication, make rules for carrying out the

purposes of this Act.

(2) Without prejudice to the generality of the foregoing powers, such rules may provide for--

(a) prescribing the quantity of cotton under item (iv) of clause (e) of Section 2;

(b) prescribing the date on or before which and the form in which a return under Section 3 shall

be submitted; and

(c) regulating the exercise of the right or access to books of account, records or documents and

the right of entry conferred by Section 4.

27

The Madhya Pradesh Cotton Control Act,

1954

What is the law?

An Act to control the production, import, possession or use of or trade in, certain varieties of

cotton and matter ancillary thereto for the purpose of ensuring cultivation of better varieties of

cotton and the maintenance of their purity.

Key Features:

The act comprises of 16 sections which mainly includes definitions of terms including cotton,

Director, prohibited variety, standard variety etc. Section 3 of the particular act gives power to

State Government to specify variety of cotton to be cultivated etc., in controlled areas. Section 4

grants permission to factories to mix cotton. Section 5 imposes penalties on any person who

cultivates any prohibited variety of cotton in any controlled area will be liable to pay fine which

may extend to 20 rupees to 50 rupees, also the section imposes other fines if a person is found

breaching any of the provision of the act. Section 6 imposes prohibition on cultivation or

mixing of Garrowhill Cotton. Further sections states about the different provisions such as

Confiscation, Power of entry and seizure, Duty of owner. Previous sanction for prosecution,

Cognizance of offences, Offences by corporations, etc, Protection [or acts done in good faith,

Persons acting under the Act to be public servants, Power to make rules for enforceability of the

act by State Government.

Input from the department:

S. No. Questions Responses

1. Whether there has been any

action taken anywhere/by

anybody under the provisions

of this act?

Yes, According to the Madhya Pradesh

Cotton (Statistics) Act, 1947. The act does

exist but as far as enforceability is

concerned the agriculture department as

well as industries department are not

aware of the same.

2. If the above mentioned act not

been in use for a long time,

The committee unanimously disagreed on

repealing the act or any provision

3

28

Can there be any scope of

repealing the same?

mentioned under the same. Though they

agreed on need of amending the same for

better enforceability.

3. Is there any other information

available regarding the

usefulness of the act? Also if

there have been any bye-laws

formulated under the same.

As per the Deputy Director (Cotton) the

particular act is related to production and

supply of cotton, wherein the act also

mentioned about the specified variety to

be produced and to be supplied.

4. Comment upon usefulness of

the particular act.

The committee has unanimously agreed

that the representatives alone could not

decide about retaining the particular act

and therefore the agriculture department

will consult other departments and then

only the final decision can be taken in this

regard.

Suggestions/Conclusion:

As per the discussions and the review of the committee formulated, the act is clearly not been

used for a very long time also the departments seems to be confused as per the enforceability is

concerned. The response from various department concerned is yet to be taken. Therefore, there

does not seem to be any final take from the Agriculture department as far as

retaining/repealing/amending the particular act is concerned. The penalties mentioned in this

particular act is meagre amount of 20 rupees which defeats the whole purpose of the act and

therefore needs to be amended along with various other provisions.

29

The Madhya Pradesh Cotton Control Act, 1954

[Act No. 17 of 1954]

[23rd June, 1954]

PREAMBLE

An Act6 to provide for controlling the production, import, possession or use of, or trade in

certain varieties of cotton and matters ancillary thereto for the purpose of ensuring cultivation

of better varieties of cotton and the maintenance of their purity.

Whereas it is expedient to provide for controlling the production, import, possession or use

of, or trade in, certain varieties of cotton and matters ancillary thereto for the purpose of

ensuring cultivation of better varieties of cotton and the maintenance of their purity.

It is hereby enacted as follows:

Section 1 - Short title and extent

- (1) This Act may be cited as the Madhya Pradesh Cotton Control Act, 19547.

8[(2) It extends to the whole of Madhya Pradesh.]

Section 2 – Definitions-

In this Act, unless there is anything repugnant in the subject or context,--

(a) "controlled area" means the area specified in the notification issued under sub-section (1)

of Section 3;

(b) "cotton" includes cotton plant, ginned and unginned cotton, cotton waste and cotton seed;

(c) "Director" means the Director of Agriculture, Madhya Pradesh, and includes any officer

who is authorised by the State Government to exercise or perform any of the powers or duties

of the Director under this Act;

(d) "prescribed" means prescribed by rules made under this Act;

(e) prohibited variety in respect of any area, means a variety of cotton the cultivation of

which is either prohibited under this Act or by the State Government under Section 3;

(f) "standard variety", in respect of any area, means a variety of cotton specified by the State

Government as a standard variety under Section 3.

6 The Act was extended to the whole of Madhya Pradesh by Section 3 (1) of the M.P. Extension of Laws Act, 1958 (23 of 1958), vide item 76 of Part A of the Schedule to the said Act. The said Act No. 23 of 1958 came

into force on 1-1-1959.

7 Received the assent of the President on the 23rd June, 1954; assent first published in the Madhya Pradesh

Gazette on the 2nd July, 1954.

8 Substituted by M.P. Extension of Laws Act, 1958 (23 of 1958) for the words "It extends to the whole of

Mahakoshal region".

30

Section 3 - Power to Specify variety of cotton to be cultivated, etc., in controlled areas-

(1) The State Government may, by notification, declare any local area to be a controlled area

and may, in respect of such area,--

(i) specify any variety of cotton as being a standard variety, the cultivation of which is

permitted in such area; and prohibit the cultivation in such area of any other specified variety

of cotton; or

(ii) prohibit in such area the mixing of any standard variety with any other standard variety or

with any prohibited or other variety; or

(iii) prohibit or restrict in such area the import, possession or use of, or trade in, any standard

variety mixed with any other variety whether standard, prohibited or otherwise.

(2) Before issuing a notification under sub-section (1), the State Government shall publish in

the prescribed manner a draft of such notification together with a notice stating that any

objection or suggestion which may be received by the State Government within the period

specified in the notice (such period being not less than two months from the date of

publication of the draft) will be considered by the State Government.

(3) Every notification under sub-section (1) shall also be published in the regional language

of the controlled area in the prescribed manner.

Section 4 - Grant of permission to factories to mix cotton-

(1) Notwithstanding anything contained in Section 3 or any notification issued there under,

the State Government may, by notification, permit, in any factory in which cotton is

manufactured into yarn or cloth, any standard variety to be mixed with any other standard or

prohibited variety:

Provided that the cotton so mixed--

(a) is not made into fully pressed bales, and

(b) is used in such factory exclusively in the manufacture of yarn or cloth.

(2) The owner or person in charge of the factory shall maintain or cause to be maintained a

register containing a daily record of cotton other than that of standard variety received into,

and used in, the factory. He shall preserve such register for a period of not less than two years

from the date of the last entry made therein.

(3) The owner or person in charge of the factory shall produce the register maintained under

sub-section (2) whenever required to do so by the Director or by any person authorised by

him in this behalf.

Section 5 – Penalties-

31

(1) Any person, who cultivates any prohibited variety in any controlled area in contravention

of the provisions of this Act or of any notification issued there under, shall be punishable with

fine which may extend to twenty rupees or for the second or subsequent offence with fine

which may extend to fifty rupees.

(2) Any person who, in any controlled area in contravention of the provisions of this Act or of

any notification issued there under--

(a) mixes or causes to be mixed any standard variety with any other standard variety or with

any prohibited or other variety of cotton, or

(b) imports, possesses, uses or trades in, any standard variety mixed with any other standard

variety or with any prohibited or other variety of cotton, shall be punishable with fine which

may extend to five thousand rupees.

(3) The owner of, or any person in charge of, a factory who contravenes any of the provisions

of sub-section (1) of Section 4, or fails to comply with any of the provisions of sub-section

(2) or sub-section (3) of Section 4 shall be punishable with fine which may extend to five

thousand rupees and for a second or subsequent offence with fine which may extend to ten

thousand rupees.

Section 6 - Prohibition of cultivation or mixing of Garrowhill cotton-

(1) Notwithstanding anything hereinbefore contained, no person shall grow in [Madhya

Pradesh] Garrowhill cotton as a pure crop or in a mixture, or shall mix in 151

[Madhya

Pradesh] such cotton with any other kind of cotton.

(2) Any person who cultivates Garrowhill cotton in contravention of sub-section (1) shall be

punishable with fine which may extend to twenty rupees or for the second or subsequent

offences with fine which may extend to fifty rupees.

(3) Any person who mixes or causes to be mixed Garrowhill cotton with any variety of

cotton, whether standard, prohibited or other, shall be punishable with fine which may extend

to rupees five thousand.

(4) The provisions of Sections 8 and 9 shall, in respect of Garrowhill cotton, apply as if it

were a prohibited variety and the whole of 9[the State of Madhya Pradesh] were controlled

area.

Section 7 – Confiscation-

(1) Where a Court trying an offence punishable under Section 5 or Section 6 is satisfied that

an offence under that Section has been committed in respect of any cotton, the Court may

9 Substituted by M.P. Extension of Laws Act, 1958 (23 of 1958) for the words "Mahakoshal region".

32

direct that such cotton and every box, receptacle, package or covering, containing such cotton

shall be forfeited to Government.

(2) Where an offence under this Act has been committed, or is believed to have been

committed in respect of any cotton and the offender is not known or cannot be found or

where no person claims any right in such cotton, the officer authorised by the State

Government in this behalf may hold an inquiry and may order confiscation of such cotton

together with any box, receptacle, package or covering containing such cotton:

Provided that no such order shall be made before the expiration of one month from the date

of seizing the cotton liable to confiscation or without hearing the person, if any, claiming any

right thereto and the evidence, if any, which he produces in support of his claim.

Section 8 - Power of entry and seizure-

(1) Any officer authorised in this behalf by the State Government may, between the hours of

6 a.m. and 6 p.m.,--

(a) enter upon any land in a controlled area in which he knows or has reason to believe that

any prohibited variety has been or is being cultivated in contravention of a notification under

sub-section (1) of Section 3, or of the provisions of Section 6, uproot such cotton, or cause it

to be uprooted, and seize such cotton so uprooted;

(b) enter upon or into any land, building, vehicle or place in a controlled area in which he

knows or has reason to believe that any standard variety mixed with any other standard

variety or any prohibited or other variety of cotton, is kept in contravention of a notification

under sub-section (1) of Section 3, or of the provisions of Section 6, and seize such cotton.

(2) (a) Every officer seizing any cotton under sub-section (1) shall forthwith--

(i) take a sample of the cotton seized, separate it then and there into three equal parts and

securely pack and seal each of them with his seal in the presence of the occupier or person in

charge of the land, building, vehicle or place on or in which such seizure was made and of

two witnesses and in case the occupier or person aforesaid wishes to seal them, they shall

also be sealed with his seal; and

(ii) subject to any rules made under Section 15, send one of the sealed packages to such

officer as may be authorised by the State Government in that behalf for examination and

report to the Director, retain another such package for his own and deliver the third sealed

package to the occupier or person aforesaid.

(b) The officer referred to in clause (a) shall have discretion either to entrust the remainder of

the seized cotton to the occupier or person aforesaid or to make other arrangements for its

safe custody. If the officer decides to entrust the cotton to the occupier or person aforesaid,

33

such occupier or person shall take charge of the same and shall give an undertaking in writing

to produce the said cotton before any Court when required to do so by the said officer.

(c) The officer referred to in clause (a) shall forthwith make a report of the seizure to the

nearest Magistrate having jurisdiction to try the offence committed in respect of such cotton,

together with particulars of such cotton and furnish a copy of such particulars to the occupier

or person aforesaid.

(3) The opinion of the officer authorised under paragraph (ii) of clause (a) of sub-section (2)

contained in any document signed by such officer regarding the cotton sent to him for

examination under that clause, may be used as evidence as to the nature of such cotton, in any

inquiry, trial or proceeding under this Act.

(4) If the occupier or person aforesaid refused to take charge of the cotton when required

under clause (b) of sub-section (2) or to give the undertaking referred to in that clause, or fails

to produce the cotton before the Court when required, he shall be punishable with fine which

may extend to twice the value of such cotton.

Section 9 - Duty of owner, occupier or person in charge to give facilities for inspection

by authorised officer-

(1) Every owner, occupier or person in charge of any land, building, vehicle or place in a

controlled area shall give all reasonable facilities to the officer authorised under sub-section

(1) of Section 8, to inspect such land, building, vehicle or place.

(2) Whoever contravenes the provisions of sub-section (1) shall, on conviction, be punishable

with fine which may extend to twenty rupees.

Section 10 - Previous sanction for prosecution-

No prosecution under this Act or any rule made there under shall be instituted without the

previous sanction of the Director.

Section 11 - Cognizance of offences-

No offence punishable under this Act or any rule there under shall be inquired into or tried

by any Court inferior to that of a Magistrate of the Second Class.

Section 12 - Offences by corporations, etc.-

Where a person committing any offence punishable under this Act or any rule made there

under is a company, or an association or body of persons, whether incorporated or not, the

director, manager, secretary, agent or other principal officer managing the affairs of such

company, association or body shall be deemed to be guilty of such offence.

Section 12A - Composition of offence-

34

10 [Any gazetted officer of the Agriculture Department authorised in this behalf by the State

Government may, on acceptance of such sum as may be prescribed, compound any offence

under this Act or the rules made there under.

(2) On the composition of the offence under this section no further action in respect thereof

shall be taken against the person accused of it and if any proceedings in respect of that offence

have already been instituted against such person in any Court, the composition shall have the

effect of this acquittal thereof.]

Section 13 - Protection for acts done in good faith-

No suit, prosecution or other legal proceeding shall be instituted against any person for

anything which is in good faith done or intended to be done under this Act or any rules made

there under.

Section 14 - Persons acting under the Act to be public servants-

Every person acting or purporting to act in pursuance of any of the provisions of this Act or

any rule made there under shall be deemed to be a public servant within the meaning of

Section 21 of the Indian Penal Code, 1860 (No. XLV of 1860).

Section 15 - Power to make rules-

(1) The State Government may make rules to carry out the purpose of this Act.

(2) In particular and without prejudice to the generality of the foregoing powers such rules

may provide for all or any of the following purposes, namely:

(a) the manner in which notification under sub-section (1) of Section 3 shall be published;

(b) the conditions subject to which cotton seized may be forwarded under Section 8.

(3) Any such rule may provide that a contravention thereof, if not punishable under any

provision of this Act, shall be punishable with fine which may extend to two hundred and fifty

rupees.

(4) Rules made under this section shall be subject to the condition of previous publication.

Section 16 - Repeal and saving-

10 Inserted by M.P. Extension of Laws Act, 1958 (23 of 1958)

35

(1) The Central Provinces and Berar Cotton Control Act, 1937 (XX of 1937), is hereby

repealed.

(2) Notwithstanding the repeal of the said Act, things done and action taken by any authority

under the provisions of the said Act shall be deemed to have been done and taken under this

Act.

36

The Madhya Pradesh Vanaspati Rog Tatha Vinashi

Keet Adhiniyam,1972

What is the law?

Act to prevent the introduction spread or re-appearance of plant diseases, pests, parasites and

noxious weeds.

Key Features:

The act comprises of 18 sections which mainly includes definitions of terms including: Affected

area, Noxious weeds, parasite, pest, Plant disease etc. Section 3 gives power to State

Government to declare plant diseases, pests, parasites and noxious weeds and empowers district

Magistrate under section 4 the power to issue directions on or after a notification under section 3.

Section 6 gives power to Power of Insertedecting Officer to enter upon any land or premises after

giving reasonable notice to the occupier enter upon any land, water or premises situated in the

affected area within his jurisdiction for the purpose of ascertaining,—where there is any plant

disease, pest, parasite or noxious weed on such land, water or premises. Also, The Insertedecting

Officer shall have the authority to stop any person or vehicle for the purposes of inspection at a

notified check post to prevent the entry of pests, plant diseases and weeds in the areas other than

the affected area. Section 10 states about the Special provisions in the event of locust infestation.

Section 11 states about the penalties to be imposed if any person is found contravening any

provision of this act. The other sections states about the Obligation of village officers to report

plant diseases, pests, etc; Appointment of Insertedecting Officers; Protection of persons acting in

good faith; Delegation of powers and Power to State government to make rules under section 17.

By purview of last section 18 The Madhya Pradesh Agricultural Pests and Diseases Act, 1936

(No. XXXV of 1936), is repealed.

4

37

Input from the department: (ICAR-DWR)

S.No Question Response

5. Has any action under any

provision of this act or any

other related act ever been

undertaken anywhere in

Madhya Pradesh at the

instance of your institute?

No

6. If this law is not being used at

all by any agency of the

agriculture department both at

the center and the state level,

What are your views in

retaining this particular act?

In fact, this law is very good in principle,

but lack the follow up action by the

competent authorities of states or centres

after imposing the law or to impose the

law make it ineffective. There is need of

such laws to check the spread of noxious

weed or pest. In fact in many countries,

such laws are implemented with law and

sprite to make these effects. We need such

efforts in India too.

7. Do you have any information

of any other state in India

making use of such provision

in regulating the pest, /weed?

Karnataka and Punjab states has declared

Parthenium weed as noxious weed under

these states act (Please see attachment of

screenshot).

8. Any other comments in

relation to applicability of this

act in Madhya Pradesh.

In Madhya Pradesh, Parthenium weed has

spread severely in urban and village area.

This weed is responsible to cause health

hazard issues in man and animals besides

reducing biodiversity and crop

productivity. There are other invasive

weeds also like weedy

rice, Lantana and Phalaris minor, which

38

spread may be checked by imposing such

laws time to time.

Suggestions/Conclusion:

This law is very good in principle, but lack the follow up action by the competent authorities of

states or centres after imposing the law or to impose the law make it ineffective. There is need of

such laws to check the spread of noxious weed or pest. In fact in many countries, such laws are

implemented with law and sprite to make these effects. We need such efforts in India too.

39

The Madhya Pradesh Vanaspati Rog Tatha Vinashi Kit Adhiniyam,

1972

[Act No. 27 of 1973]

[25th April, 1973]

PREAMBLE

Act to prevent the introduction spread or re-appearance of plant diseases, pests, parasites and noxious

weeds.

Be it enacted by the Madhya Pradesh Legislature in the Twenty-third Year of the Republic of India as

follows:—

Received the assent of the President on the 25th April, 1973; assent first published in the Madhya Pradesh

Gazette (Extraordinary), dated the 7th May, 1973.

Section 1 - Short title and extent

(1) This Act may be called the Madhya Pradesh Vanaspati Rog Tatha Vinashi Kit Adhiniyam, 1972.

(2) It extends to the whole of Madhya Pradesh.

Section 2 - Definitions

In this Act, unless the context otherwise requires,—

(a) “Affected area” means any area declared as such under Section 3;

(b) “District Magistrate” includes any Gazetted Officer of Government authorised by the District

Magistrate to perform all or any of the functions of the District Magistrate under this Act;

(c) “Insertedecting Officer” means an Insertedecting Officer appointed under Section 14;

(d) “Noxious weeds” means any weed declared as such under Section 3;

(e) “Occupier” means the person having for the time being the right of occupation of any land, water

or premises, or his authorised agent or any person in actual occupation of the land, water or premises, and

includes a local authority and a company having such right of occupation or in such actual occupation;

40

(f) “parasite” means any plant or animal carrying on its existence wholly or in part on any

agricultural crop, plant, tree, bush or herb and declared to be a parasite under Section 3;

(g) “pest” means any insect, invertebrate animal or vertebrate animal (including any other animal

organism) and declared to be a pest under Section 3;

(h) “plant” includes all horticultural or agricultural crops, trees, bushes or herbs and also includes the

seed, fruit, leaves, trunk, roots, bark or cutting or any part thereof; and

(i) “plant disease” meant any fungoid; bacterial, virus, vegetable organism, parasitic or other disease,

declared to be a plant disease under Section 3.

Section 3 - Power to declare plant diseases, pests, parasites and noxious weeds

Where it appears to the State Government that any disease, pest, parasite or weed in any area is injurious

to plants, or is likely to contaminate water supply or is obstructive to waterways, and that it is necessary

to take measures to eradicate such disease, pest, parasite or weed, or to prevent its introduction, spread or

re-appearance, the State Government may, by notification, declare the area to be an affected area for such

period as may be specified, and with reference to such area also,—

(a) declare that such disease, pest, parasite or weed is a plant disease, pest, parasite or noxious weed;

(b) prohibit or restrict the movement and renewal of any plant, soil or manure from one place to

another;

(c) prohibit the plantation or growing of any plant which is likely to be injurious to other plants;

(d) direct that such other preventive or remedial measures shall be carried out as the District

Magistrate may consider necessary to eradicate, destroy or prevent the introduction, spread or

reappearance of any plant disease, pest, parasite or noxious weed; and

(e) prescribed the period within which it shall not be lawful to plant the specified crop or to allow a

specified crop to remain in the whole or in portion of the affected area.

Section 4 - Power to issue directions

On or after the issue of a notification under Section 3, the District Magistrate may, by notice,—

(i) direct every occupier within the affected area to carry out such preventive or remedial measures,

including the removal or destruction of plants which are infested or likely to be infested, as the District

41

Magistrate may specify in the notice, to eradicate, destroy or prevent the introduction, spread or re-

appearance of any plant disease, pest, parasite or noxious weed within the period specified in the notice;

(ii) call upon any male person, not being below the age of eighteen years and residing within the said

area, to render such assistance as may be specified in the notice, in carrying out the measures referred to

in clause (i):

Provided that,—

(a) no person who is not an occupier shall be called upon to render whole time service for a period

exceeding seven days at a time and there shall be an interval of not less than ninety days before any such

person is called upon to render whole time service after having already rendered such service; and

(b) no person who is, by reason of old age, physical disability or any other reasonable cause,

incapable of rendering assistance, or who lives at a distance of more than 8 kilometers from the place

where his presence is required for the purpose of rendering assistance, shall be called upon to render such

assistance;

(c) it shall not be necessary to notify every occupier under clause (i) or every other person whose

assistance is required under clause (ii) and a proclamation in this behalf made by beat of drum or other

customary mode in the area, village or locality shall be deemed sufficient notice to all affected persons

residing in that area, village or locality.

Section 5 - Duties of occupier on the issue of notice under Section 4

On the issue of a notice under Section 4, it shall be the duty of,—

(i) every occupier within the affected area to carry out the preventive or remedial measures specified

in such notice; and

(ii) every male person to render assistance in such manner as has been specified in the notice.

Section 6 - Power of Insertedecting Officer to enter upon any land or premises

(1) Any Insertedecting Officer may, after giving reasonable notice to the occupier enter upon any

land, water or premises situated in the affected area within his jurisdiction for the purpose of

ascertaining,—

(i) where there is any plant disease, pest, parasite or noxious weed on such land, water or premises;

42

(ii) whether any prohibition or restriction imposed under clause (b) or clause (c) of Section 3 has

been complied with;

(iii) whether other preventive or remedial measures specified in clause (i) of Section 4 have been

carried out.

(2) The Insertedecting Officer shall have the authority to stop any person or vehicle for the purposes

of inspection at a notified check post to prevent the entry of pests, plant diseases and weeds in the areas

other than the affected area.

(3) The Insertedecting Officer shall have the power to inspect the plant material, soil or manure being

removed from an affected area to any other place within the State.

(4) The Insertedecting Officer shall have the power to seize, quarantine or destroy any material

specified in sub-section (3) which is unaccompanied by an authoritative photo sanitary certificate.

Section 7 - Power to carry out measures

(1) If on inspection of any land, water or premises, an Insertedecting Officer finds that any

prohibition or restriction imposed under clause (b) or clause (c) of Section 3 has not been complied with

or that the preventive or remedial measures specified under clause (i) of Section 4 have not been carried

out as directed, he may, subject to any general or special order of the District Magistrate and without

prejudice to any action that may be taken against the defaulter under Section 11, carry out the preventive

or remedial measures including the removal or destruction of plants which are infested or are likely to be

infested.

(2) The cost of any preventive or remedial measures carried out under sub-section (1) shall be

payable by the occupier and shall on demand be recoverable from him as an arrear of land revenue.

Section 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 Insertedecting Officer to carry

out such preventive or remedial measures in the affected area of any part thereof or to take such other

43

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 Insertedecting 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 Insertedecting 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) If 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.

Section 9 - Appeal

(1) Any person aggrieved by an order made under Section 7 or sub-section (3) of Section 8 may,

within thirty days from the date of the service of the order, prefer an appeal to such authority and in such

form as may be prescribed:

Provided that no appeal shall lie against an order under Section 7 or sub-section (3) of Section 8 except on

the following grounds,—

(i) in the case of an order under Section 7—

(a) that no preventive or remedial measures were taken in respect of his land; or

(b) that the charges for labour, material or use of implements are unreasonably high; and

(ii) in case of an order under sub-section (3) of Section 8—

44

(a) that the assessment of the amount payable has not been made in accordance with the rates fixed

by the District Magistrate;

(b) that the amount assessed includes charges other than the items mentioned in sub-clauses (i) and

(ii) of clause (b) of sub-section (1) of Section 8;

(c) that the charges for labour material or use of equipment are unreasonably high:

Provided further that in computing the period of thirty days the time requisite for obtaining a copy of the

order shall be excluded.

(2) Subject to such procedure as may be prescribed and after such further enquiry as the appellate

authority may deed fit, it may either affirm, vary or reverse the order of the Insertedecting Officer:

Provided that it shall not vary or reverse any order unless notice has been served on the parties interested

and an opportunity of being heard is given to them.

(3) Every order passed under sub-section (2) shall be final and shall not be called into question in any

Court of law.

(4) If the appellate authority is satisfied that the amount paid by the occupier is in excess of the

amount payable by him, it shall cause a refund to be made of the amount paid in excess.

Section 10 - Special provisions in the event of locust infestation

(1)Where any affected area in which locusts have been declared as pest under Section 3, is infested or is

in danger of being infested by locusts; the District Magistrate may, with a view to facilitating preventive

or remedial measures or other steps against locusts, by order in writing requisition any vehicle and make

such other orders as may appear to him to be necessary or expedient in connection with such

requisitioning.

(2) Every order made under sub-section (1) shall be served on such persons and enforced in such

manner as may be prescribed.

(3) Any vehicle requisitioned under this section may be used or dealt with in such manner as may

appear to the officer requisitioning the vehicle to be necessary or expedient.

(4) If the owner of the vehicle in respect of which an order of requisition has been made, does not

place the vehicle at the disposal of the District Magistrate, the District Magistrate may, without prejudice

45

to any other action that may be taken under the Act or the rules, seize the vehicle from any person who for

the time being may be in custody of it.

(5) No person shall remove or allow to be removed any part of a vehicle (including tyre, tube or any

other accessory) in respect of which an order of requisition has been made or in any way damage it or

permit it to be damaged so as to reduce the value or utility of such vehicle.

(6) When any vehicle is requisitioned under this section, there shall be paid to the owner such

compensation as may be agreed upon between him and the District Magistrate and in the absence of any

such agreement, such compensation as the District Magistrate may fix, having due regard to the type and

condition of the vehicle at the time of requisition and the fares or rates prevailing in the locality for the

hire of such vehicle.

Explanation.—In this section, ‘vehicle’ means any vehicle used or capable of being used for the purpose

of road-transport whether propelled by mechanical power or otherwise.

(7) The manner in which the compensation shall be assessed and the manner in which the order of

compensation shall be served, the time within which and the persons to whom it shall be paid and the

other matters relating thereto shall be such as may be prescribed.

(8) Any person aggrieved by any order fixing compensation under sub-section (6), may appeal

against the same to such authority, within such time and in such manner as may be prescribed.

(9) Any vehicle requisitioned under this section may at any time by an order be released from such

requisition by the District Magistrate.

(10) When an order of derequisitioning is made, notice of the same shall be given to the person to

whom the vehicle is to be returned and if he cannot be found and has no local agent or other person

empowered to accept delivery of the vehicle on his behalf, such notice shall be given by publishing the

order in the Gazette. After service of the notice personally or by publication as aforesaid, the vehicle

specified therein shall cease to be subject to requisition on and from the date of such publication and be

deemed to have been delivered to the person entitled to possession thereof and the Government shall not

be liable for any compensation or other claims in respect of any such vehicle for any period after the said

date.

Section 11 - Contravention of directions issued

(1) If a person,—

46

(i) act in contravention of the prohibition or restriction contained in any notification issued under

Section 3; or

(ii) acts in contravention of the direction contained in a notice issued under Section 4 or fails to

render assistance having been called upon to do so by notice issued under the said section; or

(iii) acts in contravention of the declaration or direction contained in any notification issued under

sub-section (i) of Section 8; or

(iv) obstructs the entry of any person referred to in Section 6 as sub-section (2) of Section 8; or

(v) obstructs the carrying out of the preventive or remedial measures under sub-section (1) of Section

7 or sub-section (2) of Section 8; or

(vi) does not place the vehicle at the disposal of the District Magistrate in pursuance of an order under

sub-section (1) of Section 10 or acts in contravention of the provisions of subsection (5) of Section 10;

shall be deemed to have committed an offence under this Act.

(2) Any person convicted by a Magistrate for an offence specified in sub-section (1) for the first time

shall be liable to a fine not exceeding one hundred rupees or in default to a simple imprisonment for a

period not exceeding ten days and if the same person is subsequently convicted for a like offence he shall

be liable to fine not exceeding three hundred rupees or in default for a simple imprisonment for a period

not exceeding one month for each such subsequent conviction.

(3) If a person has been convicted under this section for a contravention of the prohibition or

restriction contained in the notification issued under Section 3, the plant of or soil or manure in respect of

which such contravention has been committed may also be forfeited to the State Government.

Section 12 - Cognizance of offences

No Magistrate shall take cognizance of an offence under this Act except upon a complaint made by an

Insertedecting Officer.

Section 13 - Obligation of village officers to report plant diseases, pests, etc

(1) Patel, Sarpanch and Patwari and such agriculturist who is affected thereby and such other officers

as may be prescribed of the village adjoining an affected area shall forthwith report the existence within

the village of any plant diseases, pest, parasite or noxious weed of the nature specified in the notification

47

issued under Section 3, in respect of the said area, to the village level worker, Agriculture Demonstrator,

Insertedecting Officer or such other officer as the State Government may appoint in this behalf.

(2) The officer to whom a report is made under sub-section (1) shall on receipt of such report and

after making such further enquiry as he may deem necessary forward it with his comments to the District

Agriculture Officer for onward transmission to the State Government.

Explanation.—For the purpose of this section,—

(a) “Patel” means a person appointed as Patel under Section 222 of the Madhya Pradesh Land

Revenue Code, 1959 (No. 20 of 1959);

(b) “Patwari” means a person appointed as Patwari under Section 104 of the Madhya Pradesh Land

Revenue Code, 1959 (20 of 1959);

(c) “Sarpanch” means a Sarpanch of a Gram Panchayat.

Section 14 - Appointment of Insertedecting Officers

The State Government may, by notification, appoint Insertedecting Officer for such local areas as may be

specified in the notification.

Section 15 - Protection of persons acting in good faith

No suit, prosecution or other legal proceedings shall lie against the State Government or any officer in

respect of anything done or intended to be done in good faith under this Act, or for any damage caused by

any action taken in good faith in carrying out the provisions of this Act.

Section 16 - Delegation of powers

The State Government may, by notification delegate to any officer or authority all or any of the powers

conferred on it under this Act to be exercised subject to such restrictions and conditions as may be

specified in the notification.

Section 17 - Power to make rules

(1) The State Government may after previous publication make rules for carrying out the purposes of

this Act.

48

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may

provide for all or any of the following matters, namely,—

(a) (i) the authority to which and the form in which an appeal under sub-section (1) of Section 9 shall

be preferred;

(ii) the procedure to be followed in the disposal of appeal under sub-section (2) of Section 9;

(b) (i) the manner in which the order under sub-section (1) of Section 10 shall be enforced;

(ii) the manner in which the compensation shall be assessed and the order thereto shall be served, the

time within which and the persons to whom it shall be paid and the other matters relating thereto, to be

prescribed under sub-section (7) of Section 10;

(iii) the authority to which, the time within which and the manner in which an appeal under sub-

section (8) of Section 10 shall be filed;

(c) the class of officers who are bound to make a report as required under sub-section (1) of Section

13; and

(d) any other matter which has to be or may be prescribed.

(3) Rules made under this Act may provide that a contravention of any such rule shall be punishable

with fine which may extend to fifty rupees.

(4) All rules made under this Act shall be laid on the table of the Legislative Assembly.

Section 18 - Repeal

The Madhya Pradesh Agricultural Pests and Diseases Act, 1936 (No. XXXV of 1936), is hereby

repealed.

The list of the acts that were undertaken/considered for the study but

were found repealed/not concerned with the Agriculture department:

49

S.No Name of the Act Reason for not analyzing

The Madhya Pradesh Agriculturist's Loans Act, 1884 Repealed11

The Adjudication of Certain Claims of Cultivators

Act, 1932

Repealed12

Debt Conciliation Act (Central Province and Berar

Region) 1933

Repealed13

Famine Relief Fund Act, 1937 Repealed14

The Central Provinces and Berar Tobacco Act 1939 Repealed15

Agriculture Warehouse Act (Central Province and

Berar Region), 1947

Concerned with other department

Relief of Agriculturist Debtors (Temporary

Measures) Act (Central Province and Berar Region),

1949

This act is concerned with the

Cooperative department as per

officials of Agriculture

department

Famine (Suspension of Proceedings) Act, 1953 Related to agriculture department

yet no details has been shared

regarding the same

The Madhya Bharat Famine (Suspension of

Proceedings) Act, 1953 Rajasthan (Sironj Region)

Repealed

Regulation of Weighment of Agricultural Produce

Act (Madhya Bharat Region), 1956

No information regarding the act

has been procured, the

agriculture department has no

information regarding the same

Madhya Bharat Agricultural Debtor's Relief Act,

1956

No information regarding the act

has been procured, the

agriculture department has no

11 As per the Law department

12 Ibid

13 Ibid

14 Ibid

15 Ibid

50

information regarding the same

Agricultural Cattle Preservation Act, 1959 Concerned with department of

Animal Husbandry, Madhya

Pradesh

Padat Krishi Bhumi Ka Krishikaran Adhiniyam,

1966

No information regarding the act

has been procured, the

agriculture department has no

information regarding the same

Madhya Pradesh Vanijya Fasal (Bhumi Par Kar)

Adhiniyam, 1966

This act is concerned with the

Cooperative department as per

officials of Agriculture

department

The Madhya Pradesh Tractor dvara Kheti (Prabharon

ki Vasuli) Adhiniyam, 1972

Related to Department of

Agriculture Engineering

Madhya Pradesh Tractor Dwara Tori Gai Bhoomiyo

Par Asudhar Shulka Adhiniyam, 1972

Related to Department of

Agriculture Engineering

Krishi Udhar Pravartan Tatha Prakirna (Bank)

Upbandh Adhiniyam, 1972

As per Agriculture department

this act should be related to the

Apex bank but bank denies

regulation of any such act hence

there is ambiguity regarding the

same.

M.P. Agriculturist Debtor’s Relief Scheme, 1990 No information regarding the

same can be procured by

departments concerned.

51

Input from the Law department: