West Bengal Agricultural Pests And Diseases Act, 1968

No: 22 Dated: Jul, 06 1968

THE WEST BENGAL AGRICULTURAL PESTS AND DISEASES ACT, 1968

Act No. 22 of 1968

    An Act to provide 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 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. Short title, extent and Commencement:- (1) This Act may be called the West Bengal Agricultural Pests and Diseases Act, 1968.

(2) It extends to the whole of West Bengal.

(3) It shall come into force on such date as the State Govern. went may, by notification in the Official Gazette, appoint.

2. Definitions:- 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;

(7) "occupier", in relation 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 Agriculture 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 functions 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;

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

(13) "village-level worker" means an officer of the Department of Agriculture and Community Development of the State Government employed to work at the level of a village.

3. Declaration of affected area, plant disease, etc., and power to take or direct remedial measures:- 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 reappearance, 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;

(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.