(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 subsection (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 functions 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 Government 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.