The UTTAR PRADESH AGRICULTURAL DISEASES AND PESTS ACT, 19541

60 
 
THE UTTAR PRADESH AGRICULTURAL DISEASES AND 
PESTS ACT, 19541 
[U. P. ACT NO. XV of 1955] 
 
[Passed in Hindi by the Uttar Pradesh Legislative Assembly on August 24, 1955 and by th e 
Uttar Pradesh Legislative council on September 14, 1955.  
Received the assent of the Gover nor on October 6, 1955, under Article 200 of ‘the 
constitution of India ’ and was published  in the Uttar Pradesh Gazette Extraordinary, dated October 
11, 1955.]  
AN 
ACT 
 
to prevent the introduction, spread or re-appearance of diseases, and pests destructive to crops   
 
WHEREAS it is expedient to make provision for preventing the introduction, spread or re -
appearance of diseases and pests destructive to crops and to make provision for other matters 
connected therewith ;  
It is hereby enacted in the fifth year of our Republic as follows: 
Short title,  
extent and  
commencement  
1. (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.  
 
Definitions  2. 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 ;  
(c) "noxious weeds" mean any weed declared as such by the State 
Government under section 3 ;  
(d) "occupier" means any person in actual occupation of the land, water, 
premises and i ncludes a person who has, for the time being, righ t 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 inc ludes the seed, fruit, leaves trunk, roots, bark or  cutting or 
any part thereof;  
 
   
1.    For Statement of Objects and Reasons, see Uttar Pradesh Gazettte, Extraordinary, dated August 9, 1954.  
 
 
61 
 
[The Uttar Pradesh Agricultural Diseases and Pests Act, 1954]    [Section 3-4] 
 
  (h) "plant disease" means any fungous, 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.    
 
Declarati
on by the 
State 
Govern
ment 
3
. 
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 necess ary 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 Gazette, 
declare t he 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, s oil 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, plant, 
or plant disease ; and  
(d) prohibit the plantation o r 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.  
 
Power to 
issue 
directions 
4
. 
(1)  On or after the issue of a notification under section 3, the District Magistrate may, by 
notice---  
(a)  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, sp read, or re -appearance of any 
parasite, noxious weeds, pest, plant or plant disease; and  
(b) cal l upon any male perso n, not being below the age of 18 years and residing 
within the said area, to r ender such assistance in carrying ou t 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, inca pable of rendering assistan ce or who lives at a 
distance of more than 5 miles from th e place where his presence is required shall 
be called upon to render such assistance ;  
(c)  specify the area within Which and the period during which the measures specified 
in clause (i) are to be tarried 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 sai d sub -section 
and a proclama tion in this behalf made by be at of drum or other customary mode in 
the area, village or locality shall b e deemed sufficient notice to all affected persons 
residing in that area, village or locality. 
 
 
62 
 
[The Uttar Pradesh Agricultural Diseases and Pests Act, 1954]    [Section 5-9] 
 
Power to 
enter upon 
land or 
premise.  
 
5. Any officer who may be authorized by the District Magistrate in this behalf 
may after giving notice enter upon any land, water art 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. 
 
Power to 
carry out 
measures  
6. Where on inspection of any land, wa ter or premises an officer authorized in 
this behalf under section 5, finds that the preventive or remedial measures 
specified under clause (i) of su b­section (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.  
 
Recovery of  
cost 
7. The cost of any preventive or remedial measure carried out under section 6 
shall be recoverable from the occupier as arrears of land revenue.  
 
Appeal 
against costs  
 
8. (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- ---- 
(a)  the costs include charges f or items of her than the cost of labour, material 
or use of implements,  
(b) 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 un der sub -section (1) the District Magistrate shall, 
after giving the occupier opportunity of being heard, pass such ord ers thereon 
as he thinks fit.  
(3)  An order passed under sub -section (2) shall be final and conclusive and sha ll 
not be called in question in any court of law.  
 
Failure to 
carry out 
directions or 
render 
assistance  
 
9. (1) The District Magistr ate may, if after hearing the objec tion of the perso n 
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 arrears of land 
revenue. 
63 
 
[The Uttar Pradesh Agricultural Diseases and Pests Act, 1954]        [Section 10-12] 
 
 
Bar to suits or  
other legal  
proceedings  
 
10. 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 u nder this Act, or for any 
damage caused by any action taken in good faith  in carrying out 
the provisions of this Act.  
 
Delegation of  
powers  
 
11. The State Government may any notification in the official Gazette 
delegate to any officer or authority any of the powers conferred on 
it by this Act t o be exercised subject to any restriction and 
conditions as may be specified in the notification.  
 
Power to issue  
rules  
 
12. (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 Gazette 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 t he State Legislature may make during 
the session in which they are so laid.  
 
 
 
 
 

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