The Tripura Plant Diseases and Pests Act,1969

 
TRIPURA PLANT DISEASES AND PESTS ACT, 1969 
(Act No. 1 of 1969) 
An Act to provide for the prevention of the introduction into, or spread or re-appearance in, the Union 
Territory of Tripura of plant diseases, plant pests, plant parasites and noxious weeds and for matters 
connected therewith 
Be it enacted by the Legislative Assembly of Tripura in the Twentieth Year of the Republic of India as follows : 
1. Short title, extent and commencement.  (1) This Act may be called the Tripura Plant Diseases and Pests Ac t, 
1969. 
(2) It extends to the whole of the Union Territory of Tripura. 
(3) It shall come into force on such date as the Administrator may, by notification in the Tripura Gazette, appoint. 
 
2. Definitions. In this Act, unless the context otherwise requires,— 
(a) “Administrator” means the Administrator of the Union Territory of Tripura ; 
(b) “affected area” means any area declared as such under S. 3 ; 
(c) “competent authority” means the officer appointed by the Administrator to exercise the powers  and perform the 
functions of the competent authority under this Act ; 
(d) “Inspecting Officer” means an Inspecting Officer appointed under S. 4 ; 
(e) “noxious weed” means any weed declared as such under S. 3; 
(f) “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 ; 
(g) “plant” includes all horticultural or agricultural crops, trees, bushes, or herbs  and also includes the seeds, fruits, 
leaves, roots, barks or cutting or any other part of a plant; 
(h) “plant disease” means any disease caused to a plant by fungoid, bacteria, virus, parasite or any other organism, 
declared as such under S. 3 ; 
(i) “plant 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 as such under S. 3 ; 
(j) “plant pest ” means any insect or animal, whether vertebrate or invertebrate, declared as such under S. 3 and 
includes any animal organism ; 
(k) “prescribed” means prescribed by rules made under this Act. 
 
3. Power to declare affected area, plant diseases,  plant pests, plant  parasites and noxious weeds.  Where it 
appears to the Administrator that any disease,  pest, parasite or weed in any area is injurious to plants or is likely to 
contaminate water or is obstructive to water-ways, and that it is necessary to take measures to eradicate such disease, 
pest, parasite or weed, or to prevent its introduction into, or spread or re -appearance in, any area in the Union 
Territory of Tripura (hereafter referred to as the “territory'), the Administrator of Tripura may, by notification in the 
Tripura Gazette, declare that area to be an affected area for such period as may be specified therein and may, with 
reference to such area, also— 
(a) declare that such disease, pest, parasite or weed is a plant disease, plant pest, plant parasite or noxious weed ; 
(b) prohibit or restrict the movement or removal of any plant, soil or manure from one place to another ; 
(c) prohibit the plantation or growing of any plant which is, or is likely to be, injurious to other plants ; and 
(d) direct that such other preventive or remedial measures, as the competent authority may consider necessar y, to 
eradicate, destroy or prevent the introduction into, or spread or re -appearance in, the territory of, any plant disease, 
plant pest, plant parasite or noxious weed, shall be carried out. 
 
4. Appointment of Inspecting Officers.  The Administrator may, by notification in the  Tripura Gazette, appoint 
such persons as he thinks fit to be Inspecting Officers for the purposes of this Act and specify the areas in respect of 
which each Inspecting Officer shall exercise jurisdiction. 
 
5. Power to issue directions. (1) On or after the issue of a notification under S. 3, the competent authority may, by 
notice,— 
(a) direct every occupier within the affected area to carry out such preventive or remedial measures (including  the 
removal or destruction of plants which  are, or are likely to be, infest ed) as may be specified in the notice, to 
eradicate, destroy or prevent the introduction into, or spread or re-appearance in, the territory of, any plant disease,  
plant pest, plant parasite or noxious weed ; 
(b) call upon any male person, not 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 Cl. (a) Provided that— 
(i) no person shall be called upon to r ender whole-time service for a period exceeding seven days at a time, and, 
where he has rendered such service, there shall be an interval of not less than ninety days, computed from the day 
when the previous whole-time service ended, before he is again called upon to render whole-time service ; and 
(ii) no person who is, by reason of old age physical disability or any other reasonable cause incapable of rendering 
assistance, or who resides at a distance of more than eight kilometers from the place where his presence is required 
for the purpose of rendering assistance, shall be called upon to reader such assistance ; and 
(c) specify the area  within which and the period during which the measures referred to in Cl. (a) are to be carried 
out. 
(2) It shall not b e necessary to serve notices on every occupier under Cl. (a) of sub -S. (1) or every other person 
whose assistance is required under Cl. (b) of the said sub section, and a proclamation in this behalf made, by beat of 
drum or other customary mode of publi cation, in the concerned area, village or locality shall be deemed suffi cient 
notice to all persons residing in that area, village or locality. 
 
6. Duties of occupier on the issue of notice under S. 5. On the issue of a notice under S. 5,— 
(a) it shall be the duty of every occupier within the affected area to carry out such preventive or remedial  measures 
as may be specified in the notice ; and 
(b) it shall be the duty  of every male -person residing within the affected  area to render assistance in the manner  
specified in the notice. 
 
7. Power of Inspecting Officer to enter in or upon any land, water or premises. An Inspecting Officer may, after 
giving reasonable notice to the occupier, enter in or upon any land, water or premises situated in the affected area for 
the purpose of ascertaining— 
(i) whether there is any plant disease, plant pest, plant parasite or noxious weed in or on such land, water or premises 
; and 
(ii) whether any preventive or remedial measures as specified in the notice issued under Cl. (a ) of sub-S. (1) of S. 5 
have been’ carried out. 
 
8. Power to carry out measures . (1) If, on  inspection of any land, water or  premises, an Inspecting Officer finds 
that there is any plant disease, plant pest, plant  parasite or noxious weed in or on such lan d, water or premises and 
that the preventive or remedial measures specified in the notice issued  under Cl. (a) of sub -S. (1) of S. 5 have not 
been carried out, he may, subject to any general or special orders of the competent authority and without prejudice to 
any action  that may be taken against the defaulter  under S. 11,  carry out such preventive or remedial measures 
(including the removal or destruction of plant which are, or are likely to be, infested with pests). 
(2) The Inspecting Officer may, by orde r, direct an  occupier to pay such sum as  may be specified in  the order, 
towards the cost of any preventive or remedial measures carried out under sub-S. (I) and the occupier shal l pay the 
said sum on demand, and if he fails or omits to pay the sum within such time as may-be specified by the Inspecting 
Officer, the said sum shall be recoverable from him as if it were an arrear of land revenue. 
(3) The order referred to in sub-S. (2) shall be served on the occupier in such manner as may be prescribed. 
 
9. Power to carry out measures in emergent situations. (1)Notwithstanding anything contained in S. 3 and Ss. 5 
to 8, if the Administrator is satisfied that the plants in any affected area are in danger of being damaged or destroyed 
by any plant disease,  plant pest, pl ant parasite or noxious weed pre valent or existing in that area and that it is 
necessary to take immediate preventive or remedial measures, he may, by notification in the Tripura Gazette,— 
(a) declare that it shall be competent for any Inspecting Officer to carry out such preventive or remedial measures in 
the affected area or any part thereof or to take such other steps (including the removal or destruction of plants which 
are, or are likely to be infested) as he may deem fit; 
(b) direct that ever y occupier in respect of whose land, water or premises 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 Inspecting 
Officer may, by order from time to time, determine having regard to the following namely : 
(i) the reasonable charges incurred for labour, material or use of implements ; and 
(ii) any other reasonable charges incurred for the purposes aforesaid. 
(2) Subject to any general or special order of the Administrator, any Inspecting Officer may, upon the issue of a 
notification under sub-S. (1), enter in or upon any land, water or premises within the affected area and carry out such 
preventive or remedial measures or take such other steps referred to in Cl. (a) of sub-S. (1), as he may deem fit. 
(3) The Inspecting Officer shall assess the amount payable  by an occupier in respect of the preventive or remedial 
measures carried out or other steps taken under sub-S. (2) and he may, by an order in writing, direct the occupier to 
pay the sum so assessed. 
(4) If the occupier fails to pay the amount so assessed within the time fixed under Cl. (b) of sub -S. (1), or within 
such further time as may be granted by the Inspecting Officer, the amount shall be recoverable from him as if it were 
an arrear of land revenue. 
(5) Any order referred to in sub -S. (1)  or sub-S. (3)  shall be served on the occupier in such manner as may be 
prescribed. 
 
10. Appeal. (1) Any occupier aggrieved by an order made under sub-S. (2) of S. 8 m ay, within thirty days from the 
date of service on him of the order, prefer an appeal to the competent authority, on the ground that the charges for 
labour, material or use of implements as included in the cost, are unreasonably high. 
(2) Any occupier aggrieved by an order made by the Inspecting Officer under sub-S. (1) or sub -S. (3) of S. 9 may, 
within thirty days from the date  of service on him of the  order, prefer an appeal to the com petent authority on the 
ground,— 
(a) that the assessment or determination of the amount payable has not been made in accordance with the rates fixed 
by the Inspecting Officer ; or 
(b) that the amount assessed includes charges other than the charges  mentioned in sub-Cls. (i) and (ii) of Cl. (b) of 
sub-S. (l)of S. 9; or 
(c) that the charges for labour, material or use of implements, as included in the cost, are unreasonably high. 
(3) On receipt of an appeal under sub-S. (1) or sub-S. (2), the competent authority shall, after making such enquiry 
as it may deem fit and after givi ng the occupier a reasonable opportunity of being heard, pass such order thereon as 
it may deem fit. 
(4) Every order passed under sub-S. (3) shall be final. 
 
11. Penalties. (1) If any person— 
(a) acts in contravention of the prohibition or restriction contained in any notification issued under S. 3 ; or 
(b) acts in  contravention of the direction contained in a notice issued  under sub-S. (1) of S. 5 or fails to render 
assistance, having been called upon to do so by notice issued under the said sub-section ; or 
(c) obstructs the entry of the Inspecting Officer under S. 7 or sub-S. (2) of S. 9; or 
(d) obstructs the carrying out of the preventive  or remedial measures under sub-S. (1) of S. 7 or sub -S. (2) of S. 9 ; 
or 
(e) acts in contravention of the declaration or direction contained in any notification issued under sub-S. (1) of S. 9, 
he shall be punishable for the first offence with fine which may extend to fifty rupees and for the second or 
subsequent offence, with fine which may extend to two hundred and fifty rupees. 
(2) If a person is convicted under this section for the contravention of the prohibition or restriction contained in any 
notification issued under S. 3, the plant or soil or manure in respect of which such contravention has been made may 
be forfeited to the Government of Tripura. 
 
12. Cognizance of offence . No magistrate shall take cognizance of an offence under this Act except upon a 
complaint made by an Inspecting Officer. 
 
13. Obligation of village  officers to report plant diseases,  plant pests, etc. Ail village officers and such other 
officers, as may be specified in the rules  made under this Act, of the village or villages adjoining an affected area, 
shall forthwith report the  existence within the village or villages of any plant disease,  plant pest, plant parasite or 
noxious weed of the nature specified in the notification issued under S. 3 in respect of the said area, to the competent 
authority, which shall, after making such inquiry as it may deem fit, make a further report to the Administrator. 
 
14. Bar of suits or other legal proceedings . No suit, prosecution or other legal  proceedings shall lie against the 
Administrator, the com petent authority or any other officer of the  Government of Tripura 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. 
 
15. Delegation of powers. The Administrator may, by notification in the Tripura Gazette, delegate to any officer all 
or any of the powers conferred on him by this  Act, except the power to make rules under S. 16, and any power  so 
delegated shall be exercised by that officer subject to such restrictions and conditions  as may be specified in the 
notification. 
 
16. Power to make rules.  (1) The Administrator  may, after pre vious publication, by notification in the Tripura, 
Gazette, make rules for carrying out the purposes of this Act. 
(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) the manner in which  any notice or order issued  or made under this  Act is to be served or the conditions under 
which such notice or order shall be deemed to have been served ; 
(b) the form in which an appeal under sub-S. (1) or sub-S. (2) of S. 10 shall be filed ; 
(c) the class of officers other than village officers who are bound to make a report as required by S. 13, and 
(d) such other matters as are required to be, or may be, prescribed. 
(3) Any rule 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) Every rule made under this section shall be laid, as soon as may be after it is made, before the Le gislative 
Assembly of Tripura while it is in session for a total period of thirty days which may be comprised in one session or 
in two successive sessions, and if, before the expiry of the  session in which it is so laid or the sessions immediately 
following, the Legislative Assembly agrees in making any modification in the rule or the Legislative Assembly 
agrees that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no 
effect, as the case be, so however t hat any such modification or annulment shall be without prejudice to the validity 
of anything previously done under that rule. 
  

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