The West Bengal Agricultural Pests And Diseases Act, 1968

President's Act No. 22 of 1968 
THE WEST BENGAL AGRICULTURAL PESTS AND DISEASES 
ACT, 1968. 
[6th July, 1968.] 
Enacted by the President in the Nineteenth Year of the 
Republic of India. 
0 
An Act to provide for the prevention of the introduction, spread or 
reappearance of plant diseases, insect pests, plant parasites and 
t,, noxious weeds injurious to crops, plants or trees in the State 
of West Bengal and for matters connected therewith. 
of 1968. 
	
	 In exercise of the pourers conferred by section 3 of the West 
Bengal State Legislature (Delegation of Powers) Act, 1968, the 
President is pleased to enact as follows :- 
1. (1) This Act may be called the West Bengal Agricultural Short title, Pests and Diseases Act, 1968. 	 tent and 
(2) It extends to the whole of West Bengal. 	 ment. eonunence- 
(3) It shall come into force on such date as the State Govern. 
went may, by notification in the Official Gazette, appoint. 
2. In this Act, unless the context otherwise requires,— 
(1) "affected area" means any area declared to be an affected 
area by notification under section 3; 
(2) "Block Development Officer" means the officer appointed 
as such by the State Government and includes any 
officer authorised by the State Government under 
section 12 to perform the functions of the Block 
Development Officer under this Act; 
(3) "Director of Agriculture" means the officer appointed 
by the State Government to hold the office of the 
Director of Agriculture of West Bengal and 
includes any other officer who for the time being 
performs the duties of that office; 
(4) "insect pest" means any insect or other invertebrate or 
vertebrate animal including any other animal organism 
declared to be an insect pest by notification under section 3; 
(5) "land" includes premises and land under water; 
(6) "noxious weed" means any weed declared to be a noxious weed by notification under section 3; 
Definitions. 
2 The West Bengal Agricultural Pests and Diseases Act, 1968. 
[President's Act 
(7) !`oecupier", in relatieli to any land, means,— 
(a) whore the area of such land exceeds five acres, any 
person in actual occupation of such land or any 
person having for the time being the right of 
occupation of such land or his authorised agent 
and includes a local authority in such actual 
occupation or having such right of occupation, 
and 
(b) where the area of such laud does not exceed 
five acres, the owner of such land or his 
authorised agent ; 
(8) "Principal Agricultural Officer", in relation to any affected 
area, means the chief officer of the Department of Agri-
culture and Community Development of the State 
Government in the district in which such area is situated 
and includes a District Agricultural Officer, a Project 
Executive Officer and any other officer appointed by the 
State Government to perform all or any of the func-
tions of the Principal Agricultural Officer under this 
Act; 
(9) "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; 
(10) "plant disease" means any fungoid, bacterial virus, 
parasitical or other disease declared to be a plant 
disease by notification under section 3; 
(11) "plant parasite" means any plant or animal carrying on 
its existence wholly or in part on any plant or weed, 
and declared to be a plant parasite by notification 
under section 3; 
Declara-
tion of 
affected 
area, plant 
disease, 
etc., and 
power to 
take or 
direct 
remedial 
measures. 
(12) "prescribed" means prescribed by rules made under 
this Act; 
(13) "village-level worker" means an officer of the Depart-
ment of Agriculture and Community Development 
of the State Government employed to work at the 
level of a village. 
3. If it appears to the State Government that any disease, 
pest, parasite or weed is injurious to plants in any area and that 
it is necessary to take measures to eradicate such disease, pest, 
parasite or weed or to prevent its introduction, spread or reappear-
ance, it may, by notification published in the Official Gazette,— 
(a) declare such area to be an affected area for the purposes 
of this Act for such period as may be specified in the 
notification; 
(b) declare such disease, pest, parasite or weed to be a plant 
disease, insert pest, plant parasite or noxious weed 
in respect of such area; 
The West Beugal Agricultural Pests and Diseases Act, 1968, 
22 of 1968.] 
(c) prohibit or restrict the movement or removal of any 
plant, earth, soil or manure from or into such area; 
(d) prohibit the plantation or growing in such area of any 
plant which is likely to be injurious to other plants; 
(e) direct that such other preventive or remedial measures 
shall be carried out in such area as the Principal 
Agricultural Officer may consider necessary to eradicate 
or prevent the introduction, spread or reappearance of, 
any plant disease; insect pest, plant parasite or noxious 
weed. 
4. (1) The Principal Agricultural Officer may by publishing c> a notice in the prescribed form direct every occupier of land within 
the affected area to carry out such preventive or remedial measures 
(including removal or destruction of plants which are infested 
es. 	 or are likely to be infested) to eradicate or prevent the introduc- 
tion, spread or reappearance of, any plant disease, insect pest, 
plant parasite or noxious weed as may be specified in such notice. 
(2) A notice referred to in sub-section (1) shall be published 
in the affected area by a proclamation made by beat of drum 
and in such other manner as the Principal Agricultural Officer 
may think fit. 
(3) It shall be the duty of every occupier of land in the affected 
area to carry out the preventive or remedial measures specified in 
the notice published under sub-section (1). 
5. The Block Development Officer or an officer authorised by 
him in this behalf may, after giving the prescribed notice, enter 
upon any land situated in the affected area at a]1 reasonable 
hours for the purpose of ascertaining— 
(a) whether any insect pest, plant disease, plant parasite 
or noxious weed exists on such land; and 
(b) whether the preventive or remedial measures mentioned 
in the notice published under subsection (1) of 
section 4 have been or are being carried out. 
6. (1) If, on inspection of any land, the Block Development 
Officer or the officer authorised by him under section 5 finds that 
there is any insect pest, plant disease, plant parasite or noxious 
weed on such land and that the preventive or remedial measures 
specified in the notice published under sub-section (1) of section 4 
0 	 have not been or are not being carried out, the Block Development 
Officer may, subject to any general or special orders-of the State 
Government, call upon the occupier of such land, by a notice in the 
prescribed form served in the preseribed manner, to_carry out such 
preventive or remedial measures, within the time specified in such 
notice. 	 • . 
(2) The occupier may, within revers clays of the service upon 
him of the notice under sub-section (1), prefer an appeal in the pres-
cribed manner to the Principal Agricultural Officer disputing his 
liability to carry out the preventive or remedial measures referred 
to ie such notice, 
Power of 
Principal 
Agri-
cultural 
Officer 
to direct 
carrying 
out 
preventive 
or remedial 
measures. 
Power of 
Block 
Develop? 
ment 
Officer 
to enter 
upon any 
land. 
Notice to 
occupier to 
carry out 
preventive -
or remedial 
measures 
arid appeal 
by 
occupier. 
4 The West Bengal Agricultural Pest and Diseases Act, 1968. 
[President's Act 
(3) On receipt of an appeal under sub-section (2), the Principal 
Agricultural Officer may extend the time specified in the notice 
served under sub-section (1) and shall, after giving the occupier an 
opportunity of being heard, pass such order thereon as he thinks fit. 
(4) An order passed under sub-section (3) shall be final and shall 
not be called in question in any court. 
Power to 	 7. (1) If any occupier, upon whom a notice has been served 
carry out under sub-section (1) of section 6, does not comply with such 
measures notice within the time specified therein or where an appeal has been in case of preferred under sub-section (2) of section 6, does not comply with non-com- pliance 	 the order passed on such appeal within the time specified in such 
with notice order, then, without prejudice to any action that may be taken under 	 against such occupier under sub-section (2) of section 11, the Block 
section 6 Development Officer may carry out at the expense of such at the cost of occupier •occupier the prevenitve or remedial measures specified in such 
and appeal notice or order. by occu- pier. 
	
	 (2) The cost incurred for carrying out any preventive or remedial 
measures under sub-section (1) shall include charges for the pres-
cribed items only calculated in the prescribed manner and shall 
be recoverable from the occupier as an arrear of land revenue: 
Provided that the charges for the use of implements shall not 
be included in such cost. 
(3) The occupier may, within thirty days from the date of 
service in the prescribed manner of a notice demanding payment 
of the cost from him., prefer an appeal in the prescribed manner 
to the Principal Agricultural Officer on the ground that the cost 
includes charges other than those prescribed or that the oharges 
for any of the prescribed items are unreasonably high. 
(4) On receipt of an appeal under sub-section (3), the Principal 
Agricultural Officer shall, after giving the occupier an opportunity 
of being heard, pass such order thereon as he thinks fit. 
(5) An order passed under sub-section (4) shall be final and 
shall not be called- in question in any court.- 
Subsidy by State Govern-: went. 
Duty of certain officers to_ report 
appearance 
of insect pest, etc., in village adjoining affected 
area. 
The State Government may grant such subsidy as may be 
prescribed to an occupier who carries out preventive or remedial 
measures as directed in a notice published under sub-section "(/) of 
section 4. 
9.. (1.) If in. any village adjoining an affected area any insect 
pest, plant' disease, plant. parasite or. noxious weed' specified in -  the 
notification under section 3 in respect of such area is found to i£ppear,• 
the village-level worker of such village and such other Officers 
as: may' be prescribed. shall forthwith report- the. fact to the Block 
Development Officer. 
(2)-  On. receipt of a -report under sub-Section (1), the' - Block 
Development Officer shall, after making such enquiry as he may 
deem necessary, forward it in the prescribed manner to the State 
Government with .his remarks thereon' and the State Government 
may take such action as it thinks fit. 
The West Bengal Agricultural Pests and Diseases Act, 1968. 5 
22 of 1968.] 
10. (1) Where any affected area in respect of which locusts 
have been declared to be an insect pest under section 3, is infested 
or is in danger of being infested by locusts, the District Magistrate 
or any other officer authorised by him in this behalf 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 further orders as may appear to him to be necessary 
or expedient in connection with the requisitioning. 
(2) Every order made under sub-section (1) shall be served 
on such persons and 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 requi-
sitioning 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 officer or authority mentioned therein, 
such officer or authority may, without prejudice to any other 
action that may be taken under this Act or the rules ilia& 
thereunder, seize the vehicle from any person who for the time 
being may be in possession 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. 
(8) When any vehicle is requisitioned under this section, there 
shall be paid to the owner thereof such compensatiZM as may be 
agreed upon between him and the officer requisitioning the vehicle 
and in the absence of any such agreement, such compensation as 
the District Magistrate may determine in the prescribed manner, 
having due regard to the type and condition of the vehicle at the 
time of requisition and the loss caused to the owner : 
Provided that where immediately before the requisitioning the 
vehicle was by virtue of a hire-purchase agreement in the poss 
ession of a person other than the owner, the amount determined 
under this sub-section as the total compensation payable in respect 
of the requisition shall be apportioned between that person and 
the owner in such manner as they may agree upon, or in defaelt 
of agreement, in such manner as the District Magistrate may 
decide. 
(7) The order determining the compensation shall be served 
in the prescribed manner and the amount of compensation shall 
be paid within the prescribed time. 
(8) Any person aggrieved by an order determining or apportion 
ing compensation under sub section (6), may appeal against the 
same to such authority and within such time as may' be 
prescribed. 
Power to 
requisition 
vehicles in 
case of 
locust 
menace. 
The West Bengal Agricultural Pests and Diseas6S Act, 1968. 
Offences 
and 
[Presigeai's 
(9) The o .'ar requisitioning any Vehiclo may at any tine 
release the 	 from requisition and when 	 decided to do 
so, a notic. 	 all 1)e. served On_ the olener 	 of in the 
'prescribed 	 delivery of the vehicle on or before 
soh date 	 and pe ,Lao-a. as may be spe-laed 
taeeein. 
(10) When 	 notice is served, wish effect from the date 
specified in 	 ch notice no furt,haa liability for compensation or 
paynient of any other kind shall accrue for reauisitioning the 
vehicle: 
Provided that the oiiieer requisitioning the -aehicle may make 
ifuch farther payment On account of compensation fo r any material 
damage done to the 7-chicle during the period of requisition as may 
be assessed by the District Me gistrate. 
(11) Tie delivery of possession of the vehicle to the owner 
thereof or his accredited agent shall be a full discharge of any lia-
bility of the State GoVernment to deliver poSsession .  to such person 
as may have rightful claim to possession thereof, but shall not 
prejudice any right in respect of such=,. vehicle which any other 
parson may be entitled by due process of law to enforce against the 
person to _whom possession of the vehicle is so delivered. 
(12) If the• owner fails to take delivery of the vehicle on or 
before the specified date the officer who passed the order of release 
of the vehicle may dispose of the same thereafter in the manner 
provided in sub section (13): 
Provided that such officer shall be competent to allow the owner 
such extension of time as he deems proper without any liability 
for any compensation or other payment for the period of extension. 
(13) The disposal of a vehicle under sub-section (12) shall be 
by public auction and at the risk of the owner and the sale-proceeds 
tharenf shall be made over to the owner after deducting any 
expenditure incurred by the officer releasing the vehicle from 
requisition on account of the failure of the owner to take delivery 
of it on or before the specified date. 
Explanatio-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. 
11. (1) Whoever— 
(a) moves from or into any affected area any plant, earth, 
soil or manure, or 
(b) plants or grows any plant in such area, 
in contravention of the prohibition or restriction made by the 
notification issued under section 3 in respect of such area shall, 
on conviction by a Magistrate, be liable to a fine which may extend 
to fifty rupees or in default of payment of such fine to simple 
imprisonment for a period not exceeding fifteen days. 
The West Bengal Agricultural Pests and Diseases Ad, 1968. 7 
22 of 1968.] 
(2) If any occupier— 
(a) fails to comply with a notice given under sub-section 
(1) of section 6 or with an order passed on appeal 
under sub-section (3) of section 6, or 
(b) obstructs the carrying out of the preventive or remedial 
measures under sub-section (1) of section 7, 
he shall, on conviction by a Magistrate, be liable to a fine which 
may extend to fifty rupees or in default of payment of such fine 
to simple imprisonment for a period not exceeding fifteen days. 
(3) Whoever, having been convicted of an offence under sub-
section (1) or sub-section (2), is again convicted of an offence 
under . cither of those sub-sections shall be liable to a fine which 
may extend to one hundred rupees or in default of payment of such 
fine to simple imprisonment for a period not exceeding thirty days. 
(4) No prosecution under this Act shall be commenced without 
the, previous sanction of the Principal Agricultural Officer, or 
after ninety days from the date of the commission of the alleged 
offence. 
12. The State Government may, by notification in the Official 
Gazette, authorise an officer not. below the rank of a member of the 
Subordinate Agricultural Service, Class I, to perform the func-
tions of the Block Development Officer under this Act in such 
local area as may be specified in the notification. 
1 3. No suit, prosecution or other legal proceedings shall lie 
against the State Government or any officer of the State Govern-
ment for anything in good faith done or intended to be done under 
this Act or the rules made thereunder or for any damage to any 
property caused by any action taken in good faith in carrying out 
the purposes of this Act. 
14. The State Government may, by notification in the Official 
Gazette, delegate any of the powers under this Act, except the 
power of making rules under section 15, to the Director of 
Agriculture, subject to such reservations, if any, as may be 
specified in the notification. 
15. (1) The State Government may, after• previous publication 
in the Official Gezette, 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, namery:— 
(a) the form of the notice under sub-section (1) of section 4; 
(b) the notice to be given under section 5; 
(c) the form of the notice under sub-section (1) of section 6 
and the manner of its service; 
(d) the manner of preferring an appeal under sub-section 
(2) of section 6; 
Power to 
authorise 
officer 
to perform 
functions 
of Block
Develop.. 
ment 
Officer. 
Bar of 
suits and 
legal pro-
ceedings. 
Delegation 
of powers 
by the 
State 
Govern-
ment. 
Power to 
make rules. 
8 The Nest Bengal Agricultural Pegs and Diseases Ace, 1968. 
[Preside erg Act 
(e) the items to be taken into account in calculating cost under 
sub-section (2) of section 7 and the manner of calcula-
ting such costs; 
(f) the manner of service of notice and the manner of preferring 
an appeal under sub-section (3) of section 7; 
(g) the subsidy to be granted by the State Government to 
an occupier under section 8; 
(h) the officers to make report under sub-section • (1) of 
section 9; 
(i) the procedure of forwarding report under sub-section 
(2) of section 9; 
(j) the manner in which and the persons upon whom the order 
of requisition to be served under sub-section (2) of 
section 10; 
(k) the manlier of determining oempensatio -n under stile-sec-
tion (6) of section 10; 
(1) the manner of service of the order of compensation and 
the time within which compensation is to be paid 
under sub-section (7) of section 10; 
(m) the authority to which and -the time within which fan 
appeal may be preferred under sub-section (8) of 
section 10; 
(n) the manner of s.ervice of notice under sub •section (9) of 
section 10; 
(o) any other matter:which has to be, or may be, prescribed, 
The Wes.1 Bengal.  Agricultural Pests and Diseases At, 1968. 	 9 
22 of 1968.] 
Reasons for the enactment 
Under rule 124 of the Defence of India Rules, 1962, the Government 
of West Bengal had promulgated the West Bengal Agricultural Diseases 
and Pests Order, 1963, providing for measures for the protection of crops 
against pests and diseases. With the revocation of the Proclamation of 
Emergency. with effect from the 10th January, 196S, the West Bengal 
Agricultural Diseases and Pests Order, 1963, will cease to operate after the 
expiry of a period of six months from the revocation of the Proclamation of 
Emergency. An order similar to the Order referred to above cannot 
be made under ;he Essential Commodities Act, 1955 or under any other 
law. 
2. A huge quantity of agricultural produce of the State of West 
Bengal is wasted due to the ravages of pests, diseases, parasites and noxious 
weeds and it is nece-ssary,. in the present situation, to take all possible 
measures towards minimising such losses. Daring its long experience in 
the implementation of plant protection measures, the Government of Westl-
Bengal had to face many problems. With a view to overcome the difficulties 
in implementation of plant protection measures, it is considered necessary :  
that the State Government should have the power to compel the cultivators 
in taking up plant protection measures whenever there is a threat to agricul-
ture from pests, diseases, parasites, and noxious weeds. It is accordingly 
proposed to enact a law providing for the prevention of the introduction, 
spread or reappearance of plant diseases, insect pests, plant parasites and 
noxious weeds injurious to crops, plants or trees. 
3. The proposed measure seeks to achieve the above object and it, 
inter alia, provides for--- 
(a) declaration of an area affected by plant disease or pest or parasite 
or noxious weeds; 
(b) prohibition or restriction on the movement or removal of any plant, 
earth, soil or manure from or into such area; 
prohibition' on plantation of any plant likely to he injurious to 
other plants; 
power to direct or compel any occupier of any land in any such 
area to take preventive or remedial measures in case of any such 
infection; 
(e) power to carry out such measures at the coat of the occupier in case 
of his non-compliance. 
4. The Committee constituted under the proviso to sub-section (2) of 
section 3 of the West Bengal State Legislature (Delegation of Powers) 
Act, 1968 (6 of 1968) has been consulted before the enactment of this 
measure as a President's Act. 
(c)  
(d)  
WBCP•68/9-3216A-6_1T 

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