Uttar Pradesh act 015 of 1955 : The UTTAR PRADESH AGRICULTURAL DISEASES AND PESTS ACT, 1954

Section 1.Short title, extent and commencement

(1) This Act may be called the Uttar Pradesh Agricultural Diseases and Pests Act,1954.

(2) It extends to the whole of Uttar Pradesh.

(3) It shall come into force at once.

Section 2. Definitions

In this Act, unless there is anything repugnant to the subject or context—

(a) “affected area” means any area declared as such under section 3 ;

(b) “District Magistrate” includes any officer authorized by the District Magistrate to perform the functions of a District Magistrate under this Act ;

(d) “occupier’’ means any person in actual occupation of the land, water, premises and includes a person who has, for the time being, right of occupation of the same;

(e) “parasite” means any plant or animal carrying on its existence wholly or in part on any agricultural crop, plant, tree, bush or herb which may be declared as such by the State Government under section 3 ;

(f) “pest” means any insect, invertebrate animal or vertebrate animal which has been declared as such by the State Government under section 3 ;

(g) “plant” includes all horticultural or agricultural crop, trees, bushes or herbs and includes the seed, fruit, leaves trunk, roots, bark or cutting or any part thereof ;

(h) “plant disease” means any fungoid, bacterial virus, parasitical or other disease declared to be a plant disease by the State Government under section 3 ;

(i) “prescribed” means prescribed by rules made under this Act; and

(j) “State Government’’ means the Government of Uttar Pradesh.

Section 3.Declaration by the State Government

Where 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, parasite pest or weed or to prevent its introduction, spread or re-appearance, the State Government may by order published in the official Gazatte, declare the area to be an affected area for such period as may be specified, and with reference to such area, also —

(a) declare any disease, parasite, pest or weed to be a plant disease, parasite, pest or noxious weed for purposes of this Act;

(b) prohibit or restrict the movement or removal of any plant, soil or manure from one place to another;

(c) direct that such preventive or remedial measures shall be carried out as the District Magistrate may consider necessary to eradicate, destroy or prevent the introduction, spread and re-appearance of any noxious weed, parasite, pest, or plant disease ; and

(d) prohibit the plantation or growing of any plant, within such area as may be specified, which is likely to be injurious to the other crops in the area so specified.

Section 4.Power to issue directions

(1) On or after the issue of a notification under section 3, the District Magistrate may, by notice—

(i) Direct every occupier within the affected area to carry out such preventive or remedial measures as the District Magistrate may specify in the notice, to eradicate, destroy or prevent the introduction, spread, or re-appearance of any parasite, noxious weeds, pest, plant or plant disease ; and

(ii) Call upon any male person, not being below the age of 18 years and residing within the said area, to render such assistance in carrying out the measures referred to in clause (i) :

Provided that no person who is by reason of old age, physical disability or any other reasonable cause, incapable of rendering assistance or who lives at a distance of more than 5 miles from the place where his presence is required shall be called upon to render such assistance ;

(iii) Specify the area within which and the period during which the measures specified in clause (i) are to be carried out.

(2) It shall not be necessary to notify every occupier under clause (i) of sub-section (1) or other persons whose assistance is required under clause (ii) of the said sub-section and a proclamation in this behalf made by beat of drum or other customary mode in the area, village or locality shall be deemed sufficient notice to all affected persons residing in that area, village or locality.

Section 5.Power to enter upon land or premises

5. Any officer who may be authorized by the District Magistrate in this behalf may after giving notice enter upon any land, water on premises situate in the affected area for the purposes of ascertaining whether—

(i) any noxious weed, parasite, pest or plant disease exists on such land, water or premises ; and

(ii) the prescribed preventive or remedial measures, specified in clause (i) of sub-section (2) of section 4, are being carried out.

Section 6.Power to carry out measures

Where on inspection of any land, water or premises an officer authorized in this behalf under section 5, finds that the preventive or remedial measures specified under clause (i) of sub-section (1) of section 4 have not been carried out as directed, he may, subject to any general or special order of the District Magistrate, carry out, at the expense of the occupier, the said preventive or remedial measures.

Section 7.Recovery of cost

The cost of any preventive or remedial measure carried out under section 6 shall be recoverable from the occupier as arrears of land revenue.

Section 8.Appeal against costs

(1) Any occupier referred to in section 7 may, within thirty days from the date of the first demand of such cost, prefer an appeal to the District Magistrate on the grounds that —

(i) the costs include charges for items other than the cost of labour, material or use of implements.

(ii) the charges for labour material, or use of implements are unreasonably high, or more than the expenditure actually incurred.

(2) On receipt of the appeal under sub-section (1) the District Magistrate shall, after giving the occupier opportunity of being heard, pass such orders thereon as he thinks fit.

(3) An order passed under sub-section (2) shall be final and conclusive and shall not be called in question in any court of law.

Section 9.Failure to carry out directions or render assistance

(1) The Distric Magistrate may, if after hearing the objection of the person concerned, is satisfied that —

(a) an occupier failed to comply with any directions issued under section 4 ; or

(b) any person failed to render assistance required of him under section 4; Order such occupier or person to pay a penalty up to Rs. 50.

(2) The order requiring payment of penalty under subsection (1) shall be final and conclusive and shall not be questioned in any court.

(3) The penalty under sub-section (1) shall be recoverable as arreas of land revenue.

Section 10.Bar to suits or other legal proceedings

No suit, prosecution or other legal proceedings shall lie against the State Government or any officer in respect of any thing done or intended to be done in good faith under this Act, or for any damage caused by any action taken in good faith in carrying out the provisions of this Act.

Section 11.Delagation of powers

The State Government may by notification in the official Gazette delegate to any officer or authority any of the powers conferred on it by this Act to be exercised subject to any restriction and conditions as may be specified in the notification.

Section 12.Power to issue rules

(1) The State Government may after previous publication make rules for the purpose of carrying into effect the provisions of this Act.

(2) All rules made under this Act shall —

(a) be published in the official Gazetted and shall, unless some other date is appointed, come into force on the date of such publication ; and

(b) be laid for not less than fourteen days before the State legislature as soon as they are made and shall be subject to such modifications as the State Lagislature may make during the session in which they are so laid.