The Punjab Fruit Nurseries Act, 1961

- - 1961 : Pb. Act 13] THE PUNJAB FRUIT 93 ' NURSERIES 'THE PUNJAB FRUIT NURSERIES ACT, 1961 (PUNJAB ACT No. 13 OF 1961) [Received the assent of the Governor of Punjab on the 28th March, 1961, and first published for general ¢ information in the Punjab Government Gazette 9 (Extraordinary), Legislative Supplement, of the 1st April, 19611 1 2 3 4 r | No. Short title Whether repealed or otherwise e affected by legislation 1961 | 5 | The Punjab Frit Alxg%:t:ed by Pupjab Act No. 25 of Nurseries Act, 1961 o : Ameneded by the Punjab Reorgani- sation (Chandigarh) (Adaptation of Laws on State and Concurrent , Subjects) Order, 1968. AN , Act to provide for the regulation and licensing of Fruit Nurseries in the State of Punjab. Bk it enacted by the Legislature of the State of Purjab in the Twelfth Year of the Republic of India as follows : . 1. (1) This Act may be called the Punjab Fruit Short title, Nurseries Act, 1961. exintand - (2) It extends to the whole of the *[Union terri- tory of Chandigarh]. ‘ _ 1(3) It shall come into force on such ‘date as the St State Government may, by notification in the Official Gazette, appoint. : 1For Statement of Objects and Reasons, see Punjab Government (Extraordinary), 1960, page 1955, 2For Statement of Objects and Reasons, see Punjab Government Gazette (Extraordinary), 1964 pages 935.37. . = o 3Substituted for the ' words! “State of Punjab” by the Punjab Reorganisation (Chandigarh) (Adaptation of Laws on State and Concurrent Subjects) Order, 1968. 5 #This Act comes into force with effect from the 22nd October, 1961,—vide Puniab Government, Agriculture Department Notification No. 5433-Agri. TI(VII)-61/8437, dated the 22nd September, 1981, 94 THE PUNJAB FRUIT 1961 : Pb. Act 13 NURSERIES Delillons, 2. In this Act, unless the context otherwise re- quires— (@) (b) () @ (e) “competent authority” means a person or authority appointed by the *[Central Gov- ernment] by notification in the Official Gazette, to perform the functions of the competent authority under 'this Act for such area as may be specified in the notifi- cation ; “fruit nursery” means any place where fruit plants are in the regular course of business propagated and sold for trans- plantation ; “fruit plant” means any plant which can produce edible fruits or nuts, and includes budwood, seedlings, grafts, seeds and cut- tings of such plant ; “owner”, in relation to a fruit nursery, means the person who, or the authority which, has the ultimate control over the affairs of such fruit nursery, and where the said affairs are entrusted to a manager, managing director or managing agent, such manager, managing director or managing agent shall be deemed to be ‘the owner ; “prescribed” means prescribed by rules made under this Act ; (f) “rootstock” means a fruit plant or part there- (o of on which any fruit plant has been grafted or budded ; and “scion” means a fruit plant which is grafted or budded on to a root stock. ISubstituted for the words “State Government” by the Punjab Reorganisation (Chandigarh) (Adaptation of Laws on State and Concurrent Subjects) Order, 1963. A961: Phi Act i3] mmrusimvmon s 3. No owner shall, after the expiry of six months Power to obtain. trom the date appointed under sub-section (3) of sec- leence tion 1, conduct or establish a fruit nursery unless he ~ has obtained a licence under this Act. 5 Emblahntian.—W}gere an owner has more than one fruit nursery in different towns and villages, he shall obtain a separate licence in respect ©of each such fruit nursery, ‘ a (1) Every application for a licence under sec- f:gg“”;‘;’;'mfg' tion 3, shall be made to the competent authority and fetusy of, shall be in the prescribed form. licence. (2) Subject to such conditions and restrictions as ?rfiy fie prescribed, if the competent authority is satis- fied that— . () the 1ruit nursery is snitable for the proper Propagation of the fruit plant or fruit plants in respect of which the licence has been ap- plied for ; : : (b) the applicant is competent to conduct or establish such a fruit nursery ; (¢) he fuifiis any other conditions notified by the competent authority in this behalf ; and ~ (d) the applicant has paid the fee prescribed’ for the licence and has also furnished the prescribed security, if any, . such authority may grant a licence to the applicant _ for conducting or establishing a fruit nursery in ac- 9 cordance with the terms of the licence and the provi- : sions of this Act and the rules thereunder. , - (3) Every licence ‘granted under this section shall be valid for the prescribed period and may, on appli- __cation and payment of the prescribed fee, be renewed, from time to time, by the competent authority and for the preseribed period, provided the other conditions in ~ sub-section (2) continue to be fulfilled, Suspensoin cancellation of licence, Return of licence. 96 THE PUNJAB FRUIT (1961 : Pb. Act 13 NURSERIES - (4) If the competent authority refuses to grant or renew a licence under this section, it shall record its reasons for such refusal in writing and communicate a copy of its order to the applicant. O 5 (1) The competent authority may suspend or cancel any licence granted or renewed under section i ; (a) if the licensee has applied to be adjudicated, or been adjudicated an insolvent, or (b) if he has parted, in whole or in part, with his control over the fruit nursery, or (c) if he has ceased to conduct or possess such fruit nursery, or (d) if in the opinion of such authority he has become incompetent to conduct or possess such fruit nursery, or (e) if he has contravened, or failed to comply with any of the terms of the licence or any of the provisions of this Act or the rules thereunder, or (f) on any other prescried ground. (2) Before passing an order under sub-section (1), the competent authority shall intimate to the licensee the grounds on which it is proposed to take action and give him a reasonable opportunity of show- ing cause against it. (3) The competent authority may suspend the li- cence pending the passing of a cancellation order in respect thereof under sub-section (1). ) A copy of every order passed under sub-sec- tion (1) or sub-section (3) shall be communicated to the licensee. 6. On the expiry of his licence or on the receipt of an order suspending or cancelling it, the licensee shall return the licence to the competent authority : 1961 : Pb. Act 13] ik puwsas FRUIT ) - - NURSERIES ‘ Provided that such authority may, aft.erk sgch expiration, suspension or cancellation, give such reasonable time as it thinks fit to the owner to enable him to wind up his fruit nursery. - S Duplicates. 4. If a licence granted to an owner is lost, destroy- ; ed, mutilated or damaged, the competent authority L ) shall, on application and bayment of the prescribed fee, issue a duplicate licence. 8. Every licensee under this Act shall— fl‘é:f;eg! (1) undertake to employ only such varieties of - - the fruit plant as may be specified in the licence in respect of scion and rootstock, for Propogation and sale ; - (2) keep a complete record of the origin or source of every rootstock and every scion showing the local name or botanical name or both, of the rootstock and the scion used; (3) keep lay-éut plan showing the position of every rootstock and scion tree employed in raising fruit plants : (4) keep the nursery plots as well as the parent trees used for the DPropagation of fruit plants free from insect pests and diseases ; ‘ - (5) specity in a conspicuous manner on a label ~ the name of every kind and variety of fruit plant enclosed in any package intended for sale and the name of the rootstock together - with that of the scion of every such fruit 4 plant ; (6) undertake to release for sale or distribution only such fruit plants as are completely free from any kind of insect pest or disease ; and {7) maintain a register in the form specified by the ecompetent authority showing the name Appeals, Revision. Powers of Inspection. 98 _THE PUNJAB FRUIT 11961 : Ph, Act 13 NURSERIES of the fruit plant sold to any person, the name of the rootstock and the name and address of the person purchasing it. 9. (I) Any person aggrieved by an order of a competent authority refusing to grant or renew a li- cence under this Act may appeal in such form and manner, within such period and to such authority as may be prescribed : . Provided that the appellate authority may ad- mit an appeal after the prescribed period, if sufficient cause is shown. (2) The appellate authority may, after hearing the gppellant, pass such orders on the appeal as it thinks t. (3) An order passed under this section shall, sub- ject to the provisions of section 10, be final. 18. (1) The '[Central Government] may on the application of any person aggrieved by an order passed under this Act, at any time, for the purpose of satisfy- ing itself as to the legality or propriety of such order, call for and examine the record of the case and may pass such orders thereon as it thinks fit : Provided that the '[Central Government] shall not exercise the power under this section, in respect of an order against which an ap- peal preferred under section 9 is pending or in case an appeal has not been preferred, before the expiry of the time-limit therefor. (2) An order passed under this section shall be final. 11. (1) The competent authority or any person 1ot below the rank of an Agriculture Inspector, autho- rised by it in this behalf may, at all reasonable hours and with or without assistants, enter any fruit nursery _and inspect or examine the fruit plants therein, and 1Substituted for the words “State Government” by the Punjab Reorganisation (Chandigarh) (Adaptation of Laws on State and Concurrent Subjects) Order. 1968, 1961 : Pb. Act 131 THE PUNJAB FRUIT 99 NURSERIES the registers, books of accounts and records relating thereto, for the purpose of satisfying itself or himself that the requirements of this Act and the rules there- under are being complied with. (2) The licensee shall afford the competent autho- rity or the person authorised by it all reasonable aceess and facilities for such inspection and examina- tion as may be required for the purpose aforesaid and shall be bound to furnish such information relating to the fruit nursery as may be required by such authority or person. 12, The State Government may, by notification in the official Gazette, prohibit or regulate, subject to such restrictions and conditions as it may impose, the bring- ment to prohibit or regulate the bringing into or ing into, or taking out of the State, otherwise than taking out of the across a customs frontier as defined by the Centra Government, or the transport within the State, of any fruit plant of unknown pedigree or affected by any infectious or contagious disease or pest. 1 plants. 13. (1) If any person contravenes any of the pro- penaity. visions of this Act or any rule made thereunder contra- vention of which is made punishable under this sec- tion or attempts to contravene or abets the contraven- tion of any such provision, rule, he shall be punishable with fine which may extend to one thousand rupees. (2) If the person committing an offence under this Act is a company, the company as well as every person in charge of, and responsible to the company for the conduct of its business at the time of the commission nf the offence shall be deemed to be guilty of the offence, and shall be liable to be proceeded against and punish- ed accordingly : Provided that nothing contained in this sub- section shall render any such person liable to any punishment if he proves that the offence was committed without his know- ledge or that he exercised all due diligence to prevent the commission of such offence. 100 THE PUNJAB FRUIT [1961 : Ph. Act 13 NURSERIES (3) Notwithstanding anything contained in sub- section (2), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or con- nivance of, or that the commission of the offence is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished ac- cordingly. Ezplanation.~For the purposes of this section— (a) “company” means any body corporate and includes a_firm or other asNociation or individuals ; and (b) “director”, in relation to a flrm, is a partner in the firm. Cognizance of 14. (1) No court shall take cognizance of an offences, ete. ffence punishable under this Act except upon com- plaint in writing made by the competent authority or any officer authorised in this behalf by the competent authority by general or special order, (2) No court inferior to that of a magistrate of first class shall try any offence punishable under this Coome e 15 Al persons exercising powers under this Act under thix;J lti%ct shall be deemed to be public servants within the mean- Lo pe2ulie ing of section 21 of the Indian Penal Code. No compensa. 16. Where any licence is suspended or cancelled on ooy % under this Act, the licensee shall not be entitled to any Gancellation of compensation therefor, nor shall he he entitled to the licences, refund of any fee paid by him for the licence. Protection of 1%. No suit, prosecution or other legal proceeding e m;:““g shall lie against the ‘[Central Government] or against !Substituted for the words “State Government” by the Punjab Reorganisation (Chandigarh) (Adaptation of Laws on State and Concurrent Subjects) Order, 1968, 1961 : Pb. Act 13] THE PUNJAB FRUIT 101 NURSERIES o any person for anything which is in good faith done or intended to be done in pursuance of this Act or rule or order made thereunder. : 18. The ‘[Central Government] may, by notifica- hocgation of tion in the Official Gazette, delegate to any officer or ‘ authority subordinate, to it all or any of its powers L under this Act except the power to make rules, 19. (1) The [Central Government] may, by noti- Power to maka fication in the Official Gazette, make rules to carry out ™ ‘the purposes of this Act. e v (2) In particular; and without prejudice to the generality of the foregoing power, such rules may pro- vide for— (o) all matters expressly required or allowed by this Act to be prescribed ; (b) the conditions to be inserted in licences to be granted to owners and the form of such licences ; (c) the procedure to be followed by competent authorities in the exercise of their functions under this Act ; (d) the registers, books of accounts and re- cords to be maintained by licensees and the manner in which and the period for which they shall be maintained : (e) the circumstances in which security may be . required from licensees and the security furnished by them may be forfeited and the manner in which any sum falling due as a result of such forfeiture may be recovered : f) the efficient conduct. improvement and deve- Topment of fruit nurseries ; !Substituted for the words “State Government” by the Punjab #anisation (Chandigarh) (Adaptation of laws on State and Concur. rent Subjects) Order, 1968,