(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 proceedings.
Delegation of powers by the State Government.
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 calculating 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-section (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 agriculture 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 Page 1 Page 2 Page 3 Page 4 Page 5 Page 6 Page 7 Page 8 Page 9