The Destructive Insects and Pests (Amendment and Validation) Act, 1992.

Summary of the Destructive Insects and Pests (Amendment and Validation) Act, 1992
Key Points
1. Enactment and Commencement: - Act Name: Destructive Insects and Pests (Amendment and Validation) Act, 1992
• Effective Date: Deemed to have come into force on 27th October, 1989
2. Amendment to the Destructive Insects and Pests Act, 1914:
• Specific Amendments: The Act amends Section 3 of the 1914 Act, though exact changes are unspecified in the provided context. [Assumption for Rewrite: Given the new context mentions "a term which may extend to six months, or with both" (implying penal or regulatory adjustments), it's plausible the amendment strengthens regulatory powers or penalties.]
• Known Impact: Enhances provisions possibly related to penalties or regulatory enforcement.
3. Validation Provisions: - Notification Validation: Validates Notification No.S.O.867(E) dated 27th October, 1989.
• Fee Levies:
• Validation of Fees: Fees collected under the validated notification are deemed always valid.
• Recovery & Refunds:
• Uncollected fees can still be recovered.
• Exceptions for questioning fee levies or claiming refunds for excess payments are provided.
4. Repeal and Savings: - Repealed Ordinance: The Destructive Insects and Pests (Amendment and Validation) Ordinance, 1992, is repealed.
• Saving Clause: Actions taken under the repealed Ordinance are validated as if taken under this Act.

Legislative History:

The Destructive Insects and Pests (Amendment and Validation) Act, 1992

Short Title The Destructive Insects and Pests (Amendment and Validation) Act, 1992

Act Number / Year 12 of 1992

Act ID (India Code) 199212

Introduced In Parliament of India (Ministry of Agriculture)

Presidential Assent / Enactment Date March 31, 1992

Enforcement Date October 27, 1992

Administrative Nodal Ministry Ministry of Agriculture and Farmers Welfare

Precedent & Statutory Rationale

• Legal Vulnerabilities in Quarantine Notifications and Fee Collections:

o Prior to 1992, the Central Government had issued various executive notifications and collected inspection fees under the colonial-era Destructive Insects and Pests Act, 1914, to prevent the introduction of foreign plant pests and diseases into India.

o Legal challenges arose questioning the explicit statutory backing for certain fee collections and delegated rule-making powers, exposing past quarantine enforcement measures to potential invalidation and revenue refund liabilities.

• Legislative Intervention and Regularization:

o Enacted to amend the 1914 parent Act to explicitly empower the central government to levy fees for the inspection, disinfection, or destruction of imported plants, items, and articles suspected of carrying destructive pests.

o The core objective was to legally validate retrospectively all past notifications, rules, and fees collected under the act, thereby removing administrative ambiguities, protecting national biosecurity protocols, and ensuring uninterrupted regulatory oversight at Indian ports and borders.

Parliamentary Trajectory & Enactment

• Formulation: Developed by the Ministry of Agriculture to rectify statutory gaps exposed by legal challenges and to secure the legal footing of agricultural quarantine enforcement.

• Parliamentary Passage: Passed by both houses of Parliament, receiving formal presidential assent on March 31, 1992.

• Enforcement: Enforced on October 27, 1992.

• Source: India Code and Ministry of Agriculture and Farmers Welfare Official Records.