Generally UPSC doesn't ask direct provisions of Bill but a good understanding will help you to make thought in essay writting or subjective answer. so don't learn up but try to understand the exists problems and provided solutions.
Bar of jurisdiction of civil courts
Introduction to Bill
- to provide for establishment of an Authority for prevention, control, eradication and management of pests and diseases of plants, animals and unwanted organisms for ensuring agricultural bio security
- to meet international obligations of India for facilitating imports and exports of plants, plant products, animals, animal products, aquatic organisms
- regulation of agriculturally important micro organisms
- genetic engineering, climate change, bio-terrorism and trans-boundary diseases have created harmful effects on plant, animal health and environment => harms to human health.
- The liberalisation of global trade in agriculture = risk of introduction of exotic pests and weeds in the country (also through import of seeds) = serious economic losses
- genetically modified organisms require proper risk assessment and management.
- Climate change can alter the habitat of known pests and even cause introduction of new pests = bio-terrorism.
- The emergence and spread of trans-boundary diseases such as the avian influenza and the Ug-99 wheat stem rust fungus pose new threats to human, animal and plant safety.
- The National Policy for Farmers (2007) = strengthening the biosecurity of crops, farm animals, fish, and forest trees = require a strong legislation.
- An autonomous authority would be required for administering the biosecurity authority on the lines of the Food Safety and Standards Authority of India, and successful models of integrated biosecurity organisations in countries like Australia, New Zealand and United States of America.
- Also recommendations of the National Commission on Farmers = the Agricultural Biosecurity Bill, 2013
- establishment of an Authority for prevention, control, eradication and management of pests and diseases of plants and animals and unwanted organisms for ensuring agricultural biosecurity;
- to meet international obligations of India for facilitating imports and exports of plants, plant products, animals, animal products, aquatic organisms and regulation of agriculturally important micro-organisms;
- prevention and control of pest infestation or infection, including declaration of an area as ‘‘controlled area’’ for this purpose and measures for control of such infestation or infection;
- provision for inspection, taking samples, entry and search of premises, checking of conveyances to ensure compliance of phytosanitary and sanitary measures and also seizure, treatment and disposal of plants, animals and their products to prevent spread of pests by designated officers;
- declaration of biosecurity emergency in case of outbreak of organisms threatening biosecurity and actions and procedures to deal with it;
- removal of plant, animals, their products and other objects imported in violation of the provisions of the proposed legislation.
Some More About Biosecurity Bill
International Plants Protection Convention- came into force on 1952 which provides for the purpose of securing common and effective action to prevent the spread and introduction of pests of plants and plants products
- to promote appropriate measure for their control and India signed the said Convention on the 30th April, 1952 and ratified the same on June, 1952.
- No person shall import into India any plant, animal or plant product or animal product if not in notification issued by the Authority.
- No person shall export any plant, animal, plant product or animal product if not issued by the Designated Officer.
- If you are aware of the existence of a pest or disease of plant or animal ,it is duty of you to inform immediately the existence of such pest or disease.
- The Authority may declare, by notification, any pest to be a quarantine pest.
- If a new harmful organism established in India
- If a banned organism is spread in excess.
- spreading of a pest beyond control
- There shall be constituted a Fund to be called the Agricultural Bio-security Fund
Bar of jurisdiction of civil courts
- No civil court shall have jurisdiction in respect of any matter which the Authority or Central Government is empowered by under this Act.
Functions Of Agriculture Bio-security Authority Of India
- regulate the export of plants, animals, plant products or animal products and other objects
- declare (by notification) any place to be a controlled area
- regulate the spread of pests and diseases of plants and animals from one State to another;
- regulate the introduction of new or beneficial organisms into the country;
- provide such technical guidance to agriculture, horticulture, animal husbandry and fisheries
- departments of State Governments.
- frame guidelines for the import and export of plants, animals, plant
- products or animal products and other objects, whether for trade or research;
