LexThe Telangana Registration of Horticulture Nurseries (Regulation) Act, 2010.
Telangana · state statute
Open in Lexace · Ask the AI about this actTHE TELANGANA REGISTRATION OF HORTICULTURE
NURSERIES (REGULATION) ACT, 2010.
(ACT NO. 13 OF 2010)
ARRANGEMENT OF SECTIONS
Sections
1. Short title, extent and commencement.
2. Definitions.
3. Appointment of competent authorities.
4. Owner of a Horticulture Nursery to obtain licence.
5. Application for grant and renewal of licence.
6. Duties of holder of licence.
7. Plant material to be utilized for propagation.
8. Power of Government to regulate or prohibit import,
export or transport of certain horticulture plants.
9. Powers to cancel or suspend licence.
10. Return of licence.
11. Issue of duplicate licence.
12. Appeals.
13. Appellate authority.
14. Revision.
15. Powers of entry and inspection of nurseries.
16. Penalties.
17. Offences by horticulture nurseries, companies or firm.
18. Cognizance of Offences.
19. Jurisdiction of Court.
20. Officers and persons, exercising power under this Act
to be public servants.
2 [Act No. 13 of 2010]
21. Protection of action taken in good faith.
22. Delegation of powers.
23. Power to make rules.
THE TELANGANA REGISTRATION OF HORTICULTURE
NURSERIES (REGULATION) ACT, 2010.1
ACT No. 13 OF 2010.
1. (1) This Act may be called the 2Telangana Registration
of Horticulture Nurseries (Regulation) Act, 2010.
(2) It extends to the whole of the State of 2Telangana.
(3) It shall come into force on such date as the
Government may, by notification in the 2Telangana Gazette,
appoint.
2. In this Act, unless the context otherwise requires,-
(a) ‘Competent Authority’ means a competent authority
appointed under section 3;
(b) ‘Director’ means the Commissioner and Director of
Horticulture, 2Telangana, Hyderabad;
(c) ‘Export’ means taking out the plant material out of
the State or out of India by land, sea or air;
(d) ‘Government’ means the State Government of
2Telangana;
1. The Andhra Pradesh Registration of Horticulture Nurseries
(Regulation) Act, 2010 received the assent of the Governor on
07.08.2010. The said Act in force in the combined State, as on
02.06.2014, has been adapted to the State of Telangana, under section
101 of the Andhra Pradesh Reorganisati on Act, 2014 (Central Act 6 of
2014) vide. the Telangana Adaptation of Laws Order, 2016, issued in
G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
2. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
Short title, extent
and
commencement.
Definitions.
2 [Act No.13 of 2010]
(e) ‘Horticulture’ includes fruits, vegetables, tubers,
spices, condiments, flowers ornamental, medicinal and
aromatic crops and plantation crops;
(f) ‘Horticulture nursery’ means any place where
horticulture plants, fruits, vegetables and flowers are in the
regular cours e of business, propagated and sold for
transplantation;
(g) ‘Horticulture Plant’ means a plant belonging to any
of the categories of aromatic plant, flower plant, fruit plant,
plantation crops, vegetable plant or such other plant as the
Government may by notification declare to be a horticulture
plant;
(h) ‘Import’ means bringing th e plant material from
outside the State or from other countries for further
propagation;
(i) ‘Inspecting Officer’ means any officer not below the
rank of Horticulture officer authorised by the Director of
Horticulture for the purpose of inspection of Nurseries;
(j) ‘Kind’ means one or more related species or
subspecies of crop plants each individually or collectively
known by one common name such as mango, tomato, rose,
coconut etc.;
(k) ‘Notification’ means a notificat ion published in the
3Telangana Gazette and the word 'notified' shall be
construed accordingly;
(l) ‘Nurseryman’ means any person engaged in the
production, display or sale of Horticulture plants;
3. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
[Act No.13 of 2010] 3
(m) ‘Owner’ means any person who has the ultimate
control over the affairs of a Horticulture Nursery and
includes a manager, managing director, managing partner
or managing agent of a society, association or company to
whom the said affairs are entrusted;
(n) ‘Plantation crops’ means crops that are grown
extensively like cashew, coconut, cocoa, coffee and
includes nuts seeds/seedlings, grafts, cuttings;
(0) ‘Plant material’ means any propagation material
used in raising the plants and includes budwood, scion,
root-stock, seeds, cuttings, rhizomes, bulbs, suckers,
runners etc;
(p) ‘Prescribed’ means prescribed by rules made by
the Government under this Act;
(q) ‘Root stock’ means a Horticutture plant or part
thereof on which any portion of a horticulture plant is to be
grafted or budded;
(r) ‘Sale’ means a sale of Plant made within the State or
outside the State for cash or other valuable consideration;
(s) ‘Scion’ means a portion of a Horticulture plant
which is to be grafted or budded on to a root-stock;
(t) ‘Variety’ means a taxonomic sub -division of a
species consisting of naturally occurring or selectively bred
populations or individuals that differ from the remainder of
the species in certain minor but heritable characteristics.
4 [Act No.13 of 2010]
3. (1) The Government may, by notification,-
(a) appoint such persons, being gazetted officers of
Government, as it thinks fit, to be competent authorities for
the purpose of this Act;
(b) specify the limits within which the competent
authority shall exercise t he powers conferred and perform
the functions imposed on such authority by or under this
Act.
(2) subject to the provisions of this Act and the rules
made thereunder the competent authority may issue such
instructions as may be necessary to the licensed owners for
creation of basic infrastructure facilities required such as
mother block of required variety, root stock, green house,
poly house, net house, provision for solarization of media for
the proper propagation of Horticulture plants and for
ensuring their quality.
4. No owner of a Horticulture nursery shall, after the
expiry of six months from the date of commencement of this
Act or from the date on which he becomes owner of such
nursery; whichever is later, conduct or carry on the business
of Horticulture nursery, except under and in accordance
with a licence obtained by him from the competent authority
under the provisions of this Act and the rules made
thereunder:
Provided that, where an owner has more than one
nursery whether in the same town or village or in different
towns or villages in the same name and style or otherwise,
he shall obtain a separate licen ce in respect of each such
nursery.
Appointment of
competent
authorities.
Owner of a
Horticulture
Nursery to obtain
licence.
[Act No.13 of 2010] 5
5. (1) Any owner who desires to obtain a licence shall
apply to the competent Authority in such form and
accompanied by such fee and in such manner as may be
prescribed from time to time:
Provided that where the nurseries owned by State
Government or the Central Government or Corporate
Bodies of the State and Central Government are exempted
from payment of registration or renewal fee, they all shall be
registered under this Act.
(2) On receipt of such application, the Com petent
Authority empowered to issue licence shall direct the
Inspecting Officer to inspect the nursery and submit a report
in such form as may be prescribed.
(3) If the Competent Authority is not satisfied, it may,
after giving a reasonable opportunity to the applicant of
being heard and after recording the reasons refuse to grant
the licence and furnish a copy of its order to the applicant.
(4) Every Licence granted under this section shall be in
such form as may be prescribed and shall be valid for a
period of three years from the date of issue of the licence
and be renewed from time to time by the Competent
Authority for such period in such form on payment of such
fee and on such conditions as may be prescribed.
(5) The Competent Authority after gi ving reasonable
opportunity to the applicant may refuse to renew the licence
for reasons to be recorded in writing and communicate the
same to the applicant.
6. Every holder of a licence under this Act shall,-
(a) underta ke to multiply only such varieties of the
horticulture plants specified in the licence in respect of scion
Application for
grant and renewal
of licence.
Duties of holder of
licence.
6 [Act No.13 of 2010]
or root stock, for propagation and sale as may be directed
by the competent authority;
(b) keep a complete record of the origin or source of
every root-stock and every scion in such form as may be
prescribed showing,-
(i) the botanical name, together with local name, if
any, of the root stock used;
(ii) the botanical name, together with the local name,
if any, of the scion used in raising the Horticulture plants;
(iii) display a board in local language showing the
plant stock position and price structure at the entrance of
the nursery;
(iv) display the board with green colour back ground
and white labeling.
(c) keep a lay out plan showing the variety of root stock
and scion trees raised in the nursery;
(d) keep the nursery plants as well as the parent trees
used for the propagation of Horticulture plants free from
pests and diseases and maintain the quality standards as
prescribed by National Horticulture Board, Government of
India or State Horticulture Board;
(e) undertake to grow the Horticulture plants in such
manner as may be directed by the competent authority;
(f) all Horticulture plants intended for sale shall have a
conspicuous label specifying the name of the va riety of
Horticulture plant, its age and the name of the root stock;
[Act No.13 of 2010] 7
(g) maintain a register in such form as may be
prescribed, showing the name of the Horticulture plant sold
to any person, its age, the name of the root stock and scion,
bud wood and the name and the address of the person
purchasing it, and shall produce the record for inspection
on demand by the Director or Inspecting officer;
(h) exhibit the rates charged by him for each of the
nursery pl ants sold by him at a conspicuous place in the
nursery;
(i) maintain a bill b ook and issue sale bill containing
book number, machine numbered bill, showing species,
variety name, quantity and sale rate in the nursery or by the
trader;
(j) the nursery r egister shall be preserved by the
nurseryman for atleast five years after the date of conclusion
of the transaction;
(k) undertake to release for sale or distribution only
such Horticulture plants as are completely free from any
kind of pests or disease;
(l) keep the plants as well as the progeny trees used for
the production of nursery plants free from any kind of pests
and disease;
(m) maintain a register in such form as may be
prescribed, giving the detalls of the plant protection
measures undertaken;
(n) submit annual statement for each financial year in
such form as may be prescribed by the Commissioner and
Director of Horticulture by 15th April of every year;
8 [Act No.13 of 2010]
(o) the price structure and quality standards as
prescribed by the Commissioner and Director of Horticulture
from time to time shall be followed by the licensee for
producing and sale of the plant material; and
(p) the Nursery man or trader has to give intimation to
the Committee to be constituted by the Commissioner and
Director of Horticulture from time to time, having jurisdiction
over the nursery to certify the quality of plant material, if any ,
plant material is procured from out side the State. The
certificate from the committee of the district has to be
obtained for every consig nment to the effect that plant
material procured from the nurseries out side the State is
free from pests and diseases.
7. The plant material for which licence has been granted
shall only be utilized for propagation, subject to the
following conditions, namely,-
(a) the varieties of scions and rootstocks produced and
used in the nursery shall be approved by the State
Horticulture Department or 4Sri Konda Laxman Telangana
State Horticulture University from time to time;
(b) the vegetatively propagated plant material shall be
in direct proportion to the availability of roots stock
(vegetatively propagated, if any) and scion wood with the
nurseryman;
(c) the Nurseryman shall maintain a map showing the
details of the field beds and the kinds of varieties of plants in
each bed. This shall apply to the seedlings as well as
budded and grafted plant material;
4. Substituted by G.O.Ms.No. 31, Agriculture and Cooperation (Horti &
Seri) Department, dated 22.12.2014.
Plant material to
be utilized for
propagation.
[Act No.13 of 2010] 9
(d) the nursery man shall maintain the register in such
form as may be prescribed wherein the performance of the
progeny trees shall be recorded along with number of plants
raised and number of plants ready for sale;
(e) the competent authority may declare mother trees
as unfit for use, if he is satisfied that use of such plant
material shall affect the interest of Horticulture on account of
the following reasons,-
(i) poor quality of horticulture product;
(ii) poor bearing capacity;
(iii) infected with insects, pests and disease which
cannot be cured;
(iv) horticulture plants of unknown pedigree;
(v) any other reasons which may be considered fit by
the competent authority in the interest of horticulture;
(f) the nursery man shall quarantine all trees and shall
not use their budwood for further propagation in any case
should there be a danger of the spread of the insects, pests
and diseases to other nurseries and nursery plants and
such infected trees may be ordered by the competent
authority to be destroyed and the nursery shall carry out
those orders. Such orders shall also be appl icable to the
supply of planting material.
8. The Government may, for the purpose of maintaining
the quality of any horticulture plant grown in any part of the
State or to protect them from injurious insects, pest or plant
diseases, by notification, regulate or prohibit such
horticulture plants subject to such restrictions and
conditions as it may impose, the bringing into or taking out
Power of
Government to
regulate or
prohibit import,
export or
transport of
certain
horticulture
plants.
10 [Act No.13 of 2010]
of the State or any part th ereof otherwise than across the
customs frontiers as defined by the Central Government
under the relevant law for the time being in force or the
transport within the State, of any horticulture plants of
unknown pedigree or affected by any infectious or
contagious pests or diseases.
9. (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 he has parted in whole or in p art, with his
control over the h orticulture nursery or has otherwise
ceased to maintain or hold such horticulture nursery;
(b) that he 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;
(c) if the licensee applied for adjudication or been
adjudicated and declared insolvent;
(d) if in the opinion of such competent authority, the
licensee has become incompetent to maintain or hold such
horticulture nursery;
(e) if he has refused to surrender or produce his
licence or the registers and other records required to be
maintained under this Act or the rules ma de thereunder to
the competent authority or any person authorized by it; and
(f) on any other substantial ground as may be
prescribed.
Powers to cancel
or suspend
Licence.
[Act No.13 of 2010] 11
(2) The competent authority may suspend the licence
pending passing of the cancellation order in respect thereof
under sub-section (1).
(3) Before passing an order under sub -section (1), the
competent authority shall inform the licensee the grounds
on which it is proposed to take action and give him a
reasonable opportunity of showing cause against such
action.
(4) Copy of every order passed under sub -section (1)
or sub -section (2) shall be communicated to the licensee
forthwith.
10. On the expiry of the period of validity specified in a
licence or on receipt of an order suspending or cancel ling
the licence, the licensee shall return the licence to the
competent authority:
Provided that such authority may, after receipt of such
licence, give such reasonable time as it thinks fit to the
owner to enable him to wind up his h orticulture nursery or
otherwise.
11. If a licence granted to an owner is lost, destroyed,
mutilated or damaged, the competent authority shall, on
application and on payment of such fee as may be
prescribed, issue a duplicate licence.
12. (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 as may be
prescribed within ninety (90) days to the appellate authority:
Provided that the appellate authority may entertain an
appeal even after expiry of the prescribed period, if it is
Return of Licence.
Issue of duplicate
Licence.
Appeals.
12 [Act No.13 of 2010]
satisfied that the appellant was prevented by sufficient
cause from filling 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 as it thinks fit.
(3) Subject to the provisions of section 14, an order
passed under this section shall be final.
13. Any appeal against the orders of th e Competent
Authority shall lie with the Commissioner and Director of
Horticulture.
14. (1) The Government, may, either suo -motu or on an
application made to it by an aggrieved person, at any time,
for the purpos e of satisfying itself as to the legality,
regularity, propriety or correctness of any order passed
under this Act, call for and examine the record of any case
and may pass such orde r thereon as it thinks fit with in a
reasonable time:
Provided that the G overnment shall not exercise the
power conferred on it by this section in respect of an order
against which an appeal preferred under section 12 is
pending or in case the period for preferring an appeal has
not expired:
Provided further that the Governme nt shall not pass
any order under this section which adversely affects any
person, unless such person has had a reasonable
opportuntty of being heard.
(2) Any order passed under this section shall be final.
Appellate
authority.
Revision.
[Act No.13 of 2010] 13
15. (1) With a view to examine the working of any
Horticulture Nursery or for any other purpose mentioned in
this Act, and the rules made thereunder, the competent
authority or any person authorized by him or by the
Government in this behalf, sh all have the right at any
reasonable time and with or without assistants,-
(a) to enter into any Horticulture N ursery and to
inspect or examine the Horticulture Plants therein;
(b) to order the production of any account books,
register, record or other documents relating to such nursery
and under proper receipt take or cause to be taken extracts
from or copies of such document;
(c) to ask all necessary 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 authorized person all reasonable access
and facilities for such inspection and examination as may be
required for the said purpose and sh all 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 Horticulture Nursery as
may be required by such authority or person.
(3) An inspection register sha ll be maintained by the
nurseryman for giving instructions in such form as may be
prescribed.
(4) Commissioner and Director of Horticulture may
constitute a Committee at District level with three members
for the purpose of certifying the quality of the plant material
produced by the licensee and also for fixing the sale price of
Powers of entry
and inspection of
nurseries.
14 [Act No.13 of 2010]
the specie from time to time for supply to Government
programmes and for private sale by the licensee.
16. Any person who,-
(a) contravenes any of the provisions of this Act or any
rule made thereunder; or
(b) obstructs any officer or person in the exercise of
any powers conferred or in the performance of any duty
imposed upon him by or under this Act, shall on conviction,
be punished with fine which may extend upto Rs. 50,000/ -
(Rupees Fifty th ousand only) or with imprisonmen t for a
term which may extend upto one year or with both.
17. (1) Where an offence under this Act has been
committed by a Horticulture Nursery/Company, every
person who at the time of offence was committed, was
incharge of and was responsible to the Horticulture
Nursery/Firm/Company for the conduct of the business of
the said Horticulture Nursery/Firm/Comp any, 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 person liable to any punishment provided in this
Act, if he proves bey ond doubt that the offence was
committed without his knowledge or that he exercised all
due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub -section
(1) where an offence under this Act has been commttted by
a Horticulture Nursery/Firm/Company and it is proved that
the offence has been committed with the consent or
connivance of or is attributable to any neglect on the part of
any Nurseryman, Director, Manager, Secretary or any other
officer of the Horticul ture Nursery/ Firm/Company, such
Penalties.
Offences by
Horticulture
Nurseries,
companies or
firm.
[Act No.13 of 2010] 15
Nurseryman, Director, Manager, Secretary or other officer
shall be deemed to be guilty of that offence and shall be
liable to be proceeded against and punished accordingly.
Explanation:- For the purpose of this section,-
(a) 'Company' means a body corporate and includes
a firm or other association of individuals;
(b) ' Director' in relation to a firm means a partner in
the firm.
18. No court shall take cognizance of and try any offence
punishable under this Act except on the report in writing of
the facts constituting such offence made by the competent
authority or any officer authorized by the Government in this
behalf.
19. No court inferior to that of a Magis trate of the first class
shall try any offence punishable under this Act or rules
made thereunder.
20. All officers appointed under this Act and every person
authorized to exe rcise any powers conferred or to perform
any duties imposed on him by or under this Act shall be
deemed to be public servants within the meaning of section
21 of the Indian Penal Code.
21. No suit, prosecution of either legal proceeding 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.
22. The Government may, by notification, delegate all or
any of their powers under this Act except those confe rred
upon them by this section a nd section 23, to any person or
authority subordinate to them and may, in like manner,
Cognizance of
Offences.
Jurisdiction of
Court.
Officers and
persons,
exercising power
under this Act to
be public
servants.
Protection of
action taken in
good faith.
Delegation of
powers.
16 [Act No.13 of 2010]
withdraw any power so delegated. The exercise of any
power delegated under this section shall be subject to such
restrictions, limitations and conditions and to such control
and revision by the Government.
23. (1) The Government, may by notification, make rules
for carrying out the purposes of this Act.
(2) Eyery rule made under the Act shall immediately
after it is made, be laid before the Legislature of the State, if
it is in session and if it is not in session, i n session
immediately following for a total period of fourteen days
which may be comprised in one session or in two
successive sessions and if, before the expiration of the
session in which it is so laid or the session immediately
following, the Legislature agrees in making any modifica tion
in the rule or in the annulment of the rule, the rule shall, from
the date o n which modification or annulment is notified,
have effect only in such modified form or shall stand
annulled, as the case may be, so however that any such
modification or ann ulment shall be without prejudice to the
validity of anything previously done under that rule.
* * *
Power to make
rules.