The JAMMU AND KASHMIR FRUIT NURSERIES (LICENSING) ACT, 1987

FRUIT NURSERIES
(LICENSING) ACT, 1987
(Act  No. XXII of 1987)
JAMMU AND KASHMIR FRUIT NURSERIES
(LICENSING) ACT, 1987
(Act  No. XXII of 1987)
CONTENTS
Section.
1. Short title, extent and commencement.
2. Definitions.
3. Appointment of competent authorities.
4. Owner of every fruit nursery to obtain Licence.
5. Application for grant and renewal of licence.
6. Duties of the holder of a licence.
7. Power of the Government to regulate or prohibit import, export or transport of
certain fruit plants.
8. Power to cancel or suspend licences.
9. Return of licence.
10. Duplicate licence.
11. Appeal.
12. Revision.
13. Power of entry and inspection.
14. Penalties.
15. Offence by Companies.
16. Cognizance of offence.
17. Jurisdiction of court.
18. Officers and persons exercising powers under this Act  to  be public
servants.
19. Protection of action taken in good faith.
Section.
20. Power to delegate.
21. Power to make rules.
–––––––
FRUIT NURSERIES (LICENSING) ACT, 1987 197
JAMMU AND KASHMIR FRUIT NURSERIES
(LICENSING) ACT, 1987
(Act  No. XXII of 1987)
[Received the assent of the Governor on 29th December, 1987  and
published in Government Gazette dated 4th January, 1988].
An Act to provide for the licensing and regulation of fruit nurseries in
the State of Jammu and Kashmir.
Be it enacted by the Jammu and Kashmir State Legislature in the Thirty-
eighth Year of the Republic of India as follows:––
1. Short title, extent and commencement.––(1) This Act may be called
the Jammu and Kashmir Fruit Nurseries (Licensing) Act, 1987.
(2) It extends to the 1[whole of the Union territory of Jammu and Kashmir].
2(3) It shall come into force on such date as the Government may, by
notification in the *[Government Gazette], appoint.
2. Definitions.––In this Act, unless the context otherwise requires,––
(a) “Competent Authority” means competent authority appointed under
section 3 ;
(b) “Fruit Nursery” means any place where fruit plants are in the
regular course of business propagated and sold for transplantation,
but does not include a fruit nursery belonging to or managed by
the Government ;
(c) “Fruit Plant” means any plant which can produce edible fruits or
nuts and includes budwood, seedlings, grafts, layers, seed bulbs,
suckers, rhizomes and cuttings of any such plant ;
3[(cc) “Government” means the Government of the Union territory of
Jammu and Kashmir] ;
1. Substituted by S.O. 1229 (E) dated 31.03.2020 for “whole of the State of Jammu and
Kashmir”.
2. Enforced vide SRO-339 dated 27th October, 1988.
* Now Official Gazette.
3. Clause (cc) inserted by S.O. 1229 (E) dated 31.03.2020.
198 FRUIT NURSERIES (LICENSING) ACT, 1987
(d) “Owner” in relation to a fruit nursery, means the person who 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 of the fruit nursery ;
(e) “Prescribed” means prescribed by rules made under this Act ;
(f) “Root Stock” means a fruit plant or part thereof on which any
portion of a fruit plant has been grafted or budded ;
(g) “Scion” means a portion of a fruit plant which is grafted or budded
on to a rootstock.
3. Appointment of competent authorities.––The Government may, by
notification in the *[Government Gazette],––
(a) appoint any person,  being Gazetted Officer of the  Horticulture
Department not below the rank of District Horticulture Officer to
be the authority for the purpose of this Act ;
(b) define the limits within which a competent authority shall exercise
the powers conferred  and perform the duties imposed on it by or
under this Act.
4. Owner of every fruit nursery to obtain Licence.––No owner shall,
after the expiry of six months from the date of commencement of this Act or
from the date on which he first becomes owner of such nursery, whichever is
later, conduct or carry on the business of the fruit nursery except under and in
accordance with a licence obtained by him under the provisions of this Act
and the rules made thereunder.
Explanation.— Where an owner has more than one fruit nursery, whether in the
same town or village or in different towns or villages, he shall
obtain a separate licence in respect of each such fruit nursery.
5. Application for grant and renewal of licence.––(1) Any owner desiring
to obtain a licence referred to in the last preceding section shall make an
application in writing to the competent authority in such form and manner,
and accompanied by such licence fee, not exceeding rupees fifty as may be
prescribed.
* Now “Official Gazette”.
FRUIT NURSERIES (LICENSING) ACT, 1987 199
(2) On the receipt of such application, the competent authority shall make
such inquiry as it considers necessary. If the competent authority is satisfied––
(a) that the fruit nursery as per soil test and other prescribed conditions
is suitable for the proper propagation of the fruit plants in respect
of which the licence has been applied for ;
(b) that the applicant is competent to conduct such a fruit nursery ;
(c) that the applicant has paid the prescribed licence fee ; and
(d) that the applicant fulfils or undertakes to fulfil such other conditions
as may be prescribed, being conditions for ensuring the quality of
plants to be propagated, and their sale at a reasonable price fixed
by the Government,
the competent authority shall grant the licence to the applicant. If the
competent authority is not so satisfied it may, after giving a reasonable
opportunity to the applicant of being heard and after recording a brief
statement of the reasons for refusal, refuse to grant the licence and furnish a
copy of such statement to the applicant and refund to him the licence fee,
which may have been paid to him.
(3) Every licence granted under this section shall in the first instance be
valid for a period of two years and may, on an application made to it, be renewed
by the competent authority for such period and on payment of such fee, and on
such conditions, as may be prescribed. Where the competent authority refuses
to renew a licence it shall record a brief statement of the reasons for such
refusal and furnish a copy thereof to the applicant :
Provided that, no order refusing to renew a licence shall be made unless
the applicant is given a reasonable opportunity of being heard.
6. Duties of the holder of a licence.––Every holder of a licence under this
Act shall––
(a) undertake to employ only such varieties of the fruit plants specified
in the licence in respect of scion or rootstock, for propagation and
sale, as may be directed by the competent authority ;
(b) keep a complete record of the origin of source of every rootstock
and every scion showing––
200 FRUIT NURSERIES (LICENSING) ACT, 1987
(i) local and English name of rootstock as well as scion wood ;
(ii) the botanical name together with the local name, if any, of the
scion used in raising the fruit plants ;
(c) keep a layout plan showing the position of every rootstock and
scion tree employed in raising the fruit plants ;
(d) keep the nursery plots as well as the parent trees used for the
propagation of  fruit plants,  free  from  insect/pests  and  plant
diseases ;
(e) specify in a conspicuous manner on a label the name of every
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 plants ;
(f) undertake to release for sale or distribute only such fruit plants as
are completely free from any kind of insect/pest  or plant disease ;
(g) maintain a register in the form as may be prescribed showing the
name of the fruit plant sold to any person, the name of the rootstock
and scion and the name and address of person purchasing it ;
(h) take such measures as the competent authority may direct to ensure
proper health/disease free growth of cultivators of known pedigree.
7. Power of the Government to regulate or prohibit import, export or
transport of certain fruit plants.––The Government may, for the purpose of
maintaining the quality of any fruit plants grown in any part of the 1[Union
territory of Jammu and Kashmir] and to protect them from injurious insect
pests or plant diseases, by notification in the *[Government Gazette], regulate
or prohibit, subject to such restriction and conditions as it may impose, the
bringing into, or taking out of the 1[Union territory of Jammu and Kashmir] or
any part thereof, otherwise than across customs frontiers as defined by the
Parliament, or transport within the 1[Union territory of Jammu and Kashmir], of
any fruit plants of unknown pedigree or affected by any infectious or
contagious pests or diseases.
1. Substituted by S.O. 1229 (E) dated 31.03.2020 for “State”.
* Now Official Gazette.
FRUIT NURSERIES (LICENSING) ACT, 1987 201
8.  Power to cancel or suspend licences.––(1) The competent authority
may suspend or cancel any licence granted or renewed under this Act on any
one or more of the following grounds, namely:––
(a) that the owner has parted, in whole or in part, with his control over
the fruit nursery, or has otherwise ceased to conduct or hold such
fruit nursery ;
(b) that where the maximum rate or price for any variety of any fruit
plants has been fixed by the Government, by notification in the
*[Government Gazette, the owner has sold any such fruit plant at a
higher rate or price ;
(c) that the owner has, without reasonable cause, failed to comply
with any of the terms and conditions of the licence or any direction
lawfully given by the competent authority or has contravened any
of the provisions of this Act or the rules made thereunder ;
(d) on any other ground as may be prescribed.
(2) The competent authority may suspend the licence pending the passing
of a cancellation order in respect thereof under subsection (1).
(3) Every order under sub-section (1) shall be in writing and shall contain
the reasons in support thereof and every such order shall be communicated to
the licensee concerned :
Provided that before making any such order the competent authority
shall give to the licensee a reasonable opportunity of being heard.
(4) A copy of every order passed under sub-section (1) or (2) shall be
communicated to the licensee forthwith.
9. Return of licence.––On the expiry of the period of validity specified in
the licence or on receipt of an order suspending or cancelling a licence, the
licensee shall return the licence to the competent authority :
Provided that such authority may, after such expiration, suspension or
cancellation, as the case may be, give such reasonable time as it deems fit, to
the owner to enable him to wind up his fruit nursery.
* Now “Official Gazette”.
202 FRUIT NURSERIES (LICENSING) ACT, 1987
10. Duplicate licence.––If a licence granted to an owner is lost, destroyed,
mutilated or damaged the competent authority shall, on application and on
payment of the prescribed fee, issue a duplicate licence.
11. Appeal.––(1) Any person aggrieved by an order of a competent
authority refusing to grant or renew a licence or suspending or cancelling a
licence, may appeal in such form and manner, within such period and to such
authority, as may be prescribed :
Provided that the appellate authority may entertain the appeal after expiry
of the prescribed period, if it is satisfied that the appellant was prevented by
sufficient cause from filing the appeal in time.
(2) On receipt of an appeal under sub-section (1) the appellate authority
shall, after giving the appellant an opportunity of being heard, pass such order
on the appeal as it deems fit.
(3) An order passed under this section shall, subject to the provisions of
section 12 be final.
12. Revision.––(1) The Government may at any time, suo moto or on an
application made to it in this behalf, examine the record of any case for the
purpose of satisfying itself as to the legality or propriety of any such order and
may pass such order in relation thereto as it deems fit :
Provided that the Government shall not call for the record in any case
which is pending before the appellate authority or in respect of which period
of limitation for filing appeal has not expired :
Provided further that the Government shall not pass any order under this
section which adversely affects any person unless such person has been given
a reasonable opportunity of being heard.
(2) An order passed under this section shall be final.
13. Power of entry and inspection.––(1) For the purpose of ascertaining
the position, or examining the working of any fruit nursery or for other purposes
mentioned in this Act or the rules made thereunder, the competent authority or
any person authorised by it or by the Government in this behalf, shall have the
right at all reasonable hours with or without assistance,––
FRUIT NURSERIES (LICENSING) ACT, 1987 203
(a) to enter into any fruit nursery and to inspect or examine the fruit
plants therein ;
(b) to order the production of any account book, register, record or
other document relating to such nursery and take or cause to be
taken extracts from, or copies of, such documents ;
(c) to ask all necessary and relevant questions and examine any person
having control of, or employed in connection with such nursery.
(2) The licensee and all persons employed in connection with the nursery
shall afford the competent authority or the authorised person all facilities for
the purposes of sub-section (1) and shall be bound to answer all questions to
the best of their knowledge and belief, to produce documents in their possession
and to furnish such other information in relation to the fruit nursery as may be
required by such authority or person.
14. Penalties.––If any person––
(a) contravenes any of the provisions of this Act or the rules made
thereunder ; or
(b) obstructs  any officer or  person  in the  exercise  of  any power
conferred, or in the performance of any duty imposed, on him by
or under this Act,
he shall be liable to be punished with fine which may extend to one thousand
rupees.
15. Offence by Companies.––If the person committing any offence under
the Act is a company, the company as well as every person incharge of and
responsible to the company for the conduct of its business at the time of the
commission of the offence shall be deemed to be guilty of the offence and
shall be liable to be proceeded against and punished accordingly :
Provided that nothing contained in this section shall render any such
person liable to any punishment if he proves that the offence was committed
without his knowledge or that he exercised all due diligence to prevent the
commission of such offence.
Explanation.— For the purposes of this section, “Company” means any body
corporate and includes a firm or other association of individuals.
204 FRUIT NURSERIES (LICENSING) ACT, 1987
16. Cognizance of offence.––No court shall take congnizance of any
offence punishable under this Act except on the report in writing of the facts
constituting such offence made by competent authority or any officer
authorised by the Government in this behalf.
17. Jurisdiction of court.––Notwithstanding anything contained in 1[the
Code of Criminal Procedure, 1973 (2 of 1974)], no court inferior to that of a
Judicial Magistrate of the First Class, shall try any offence punishable under
this Act.
18. Officers and persons exercising powers under this Act  to  be public
servants.––All officers appointed under this Act and every person authorised
to exercise any power conferred, or to perform any duties imposed, on him by
or under this Act shall be deemed to be public servant within the meaning of
2[section 21 of the Indian Penal Code (45 of 1860)].
19. Protection of action taken in good faith.––No suit, prosecution or other
legal proceedings shall lie against the Government or any officer or person for
anything which is in good faith done or intended to be done in pursuance of this
Act or any rules made thereunder.
20. Power to delegate.––The Government may, by notification in the
*[Government Gazette], direct that any power except the power to make rules shall,
in such circumstances and subject to such conditions, if any, as may be specified
in the notification, be exercised also by any officer or authority subordinate to it.
21. Power to make rules.––(1) The Government may, by notification in the
*[Government Gazette], and subject to the condition of previous publication, make
rules to carry 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, namely:––
(a) the form and the manner of making an application for a licence, the fee
for such licence and renewal thereof ; the period for which the
conditions subject to which and the form in which a licence may be
granted under section 5 ;
1. Substituted by S.O. 1229 (E) dated 31.03.2020 for “the Code of Criminal Procedure, Samvat
1989”.
2. Substituted ibid for “section 21 of the Jammu and Kashmir State Ranbir Penal Code”.
* Now Official Gazette.
FRUIT NURSERIES (LICENSING) ACT, 1987 205
(b) the other grounds, the contravention of which by the licensee shall
entail suspension or cancellation of the licence under section 8 ;
(c) the fee payable in respect of a duplicate licence under section 10 ;
(d) the form and manner in which, the period within which and the authority
to which, an appeal may be made under section 11 and the procedure
to be followed by the appellate authority in disposing of the appeal ;
(e) any other matter which is required or may be required under this Act
to be prescribed.
(3) Every rule made under this section shall be laid, as soon as may be, after
it is made, before 1[the Legislative Assembly of the Union territory of Jammu and
Kashmir].
–––––––
1. Substituted by S.O. 1229 (E) dated 31.03.2020 for “before each House of the State Legisla-
ture”.
206 FRUIT NURSERIES (LICENSING) ACT, 1987

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