#THE DESTRUCTIVE INSECTS AND PESTS ACT, 1914 
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##ARRANGEMENT OF SECTIONS 
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SECTIONS 

1. Short title and commencement. 
2. Definitions. 
3. Power of Central Government to regulate or prohibit the import of articles likely to infect. 
4. Operation of notification under section 3. 
4A. Power  of  Central  Government  to  regulate  or  prohibit  transport  from  State  to  State  of  insects  or 
  articles likely to infect. 
4B. Refusal to carry article of which transport is prohibited. 
4C. [Omitted.]. 
4D. Power of Central Government to make rules. 
5. Power of State Government to make rules. 
5A. Penalties. 
6. Protection to persons acting under Act. 



#THE DESTRUCTIVE INSECTS AND PESTS ACT, 1914 

##ACT NO. 2 OF 1914

[3rd February, 1914.] 

An Act  to  prevent  the  introduction into India and the transport from one province to another 
of any insect, fungus or other pest, which is or may be destructive to crops. 

  WHEREAS  it  is  expedient  to  make  provision  for  preventing  the  introduction  into India and the 
transport  from  one  province  to  another of any insect, fungus or, other pest, which is or may be 
destructive to crops; It is hereby enacted as follows:— 

1. **Short title and extent.**— (1) This Act may be called the Destructive Insects and Pests Act, 1914. 

(2) It extends to the whole of India.

2. **Definitions.**—In this Act, unless there is anything repugnant in the subject or context,— 

  (a) “crops” includes all agricultural or horticultural crops and all trees, bushes or plants; 

  (b) “import” means the bringing or taking by sea, land or air across any customs frontier as defined 
by the Central Government]; 

  (c) “infection” means infection by any insect, fungus or other pest injurious to a crop; 

3. **Power of Central Government to regulate or prohibit the import of articles likely to infect.**—(1) 
The  Central  Government  may,  by  notification  in  the  Official  Gazette,  prohibit  or  regulate,  subject  to  such 
restrictions and conditions as it may impose, the import into India, or any part thereof, or any specified 
place therein, of any article or class of articles likely to cause infection to any crop or of insects generally 
or any class of insects. 

(2) A notification under this section may specify any article or class of articles or any insect or class of 
insects, either generally or in any particular manner, whether with reference to the country of  origin or the 
route by which imported or otherwise. 

(3) The Central Government may, by notification under this section, also levy and collect such fees at 
such rates and in such manner as may be specified therein for making an application for a permit to import, or 
for making inspection, fumigation, disinfection, disinfestation or supervision of, any article or class of articles 
of any insect or class of insects under this section. 

4. **Operation of notification under section 3.**—A notification under section 3 shall operate as if it had 
been issued under section 19 of the Sea Customs Act, 1878 (8 of 1878), and the officers of Customs at every 
port  shall  have  the  same  powers  in  respect  of  any  article  with  regard  to  the  importation  of  which  such  a 
notification has been issued as they have for the time being in respect of any article the importation of which 
is regulated, restricted  or  prohibited  by  the law relating  to  Sea  Customs,  and  the  law for  the time  being  in 
force relating to Sea Customs or any such article shall apply accordingly. 

4A. **Power of Central Government to regulate or prohibit transport from State to State of insects 
or articles likely to infect.**—The Central Government may, by notification in the Official Gazette, prohibit 
or regulate, subject to such conditions as the Central Government may impose, the export from a State or the 
transport from one State to another State of any article or class of articles likely to cause infection to any 
crop or of insects generally or any class of insects. 

4B. **Refusal to carry  article of which transport  is prohibited.**—When a notification has been issued 
under section 4A, then, notwithstanding any other law for the time being in force, the person responsible for 
the booking of goods or parcels at any railway station or inland steam vessel station,— 

  (a) where the notification prohibits  export or transport, shall refuse to receive for carriage at, or to 
forward  or  knowingly  allow  to  be  carried  on,  the  railway  or  inland  steam  vessel  from  that  station 
anything, of which import or transport is prohibited, consigned to any place in a State other than the State 
in which such station is situate; and 

  (b) where  the  notification  imposes  conditions  upon  export  or  transport  shall  so  refuse,  unless  the 
consignor  produces,  or  the  thing  consigned  is  accompanied  by,  a  document  or  documents  of  the 
prescribed nature showing that those conditions are satisfied. 

4C. *[Application of section 4B to articles exported to the State of Jammu and Kashmir.] Omitted by the 
Jammu and Kashmir (Extension of Laws) Act, 1956 (62 of 1956), s. 2 and the Schedule (w.e.f.* 1-11-1956). 

4D. **Power of Central Government to make rules.**— (1) The  Central  Government  may,  by 
notification  in  the  Official  Gazette,  make  rules  prescribing  the  nature  of  the  documents  which  shall 
accompany  any  article  or  insect  the  export  or  transport  whereof  is  subject  to  conditions  imposed  under 
section 4A, or, which shall be held by the consignor or consignee thereof, the authorities which may issue 
such documents and the manner in which the documents shall be employed: 

(2) Every rule made by the Central Government under this section shall be laid, as soon as may be after 
it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may 
be comprised in one session or in two or more successive sessions, and if, before the expiry of the session 
immediately  following  the  session  or  the  successive  sessions  aforesaid,  both  Houses  agree  in  making  any 
modification in the rule or both Houses agree 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  may  be;  so,  however,  that  any  such 
modification or annulment shall be without prejudice to the validity of anything previously done under that 
rule.

5. **Power of State Government to make rules.**—(1) The State Government may, by notification in the 
Official Gazette, make rules for the detention, inspection, disinfection or destruction of any insect or 
class of insects or of any article or class of articles in respect of which a notification has been issued under 
section 3 or under section 4A or of any article which may have been in contact or proximity thereto, and 
for regulating the powers and duties of the officers whom it may appoint in this behalf. 

(2) In making any rule under this section the State Government may direct that a breach thereof shall be 
punishable with fine, which may extend to one thousand rupees. 

(3) Every rule made by the State Government under this section shall be laid, as soon as may be after it 
is made, before the State Legislature.

5A. **Penalties.**—Any person who knowingly exports any article or insect from a State or transports any 
article or insect from one State to another in contravention of a notification issued under section 4A, or 
attempts  so  to  export  or  transport  any  article  or  insect and  any  person  responsible  for  the  booking  of 
goods  or  parcels  at  a  railway  or  inland  steam  vessel  station  who  knowingly  contravenes  the  provisions  of 
section 4B shall be punishable with fine which may extend to two hundred and fifty rupees and, upon any 
subsequent conviction, with fine which may extend to two thousand rupees.

6. **Protection  to  persons  acting  under  Act.**—No  suit,  prosecution  or  other  legal  proceeding  shall  lie 
against any person for anything in good faith done or intended to be done under this Act. 