LexThe UTTAR PRADESH FRUIT NURSERIES (REGULATION) ACT, 1976
Uttar Pradesh · state statute
Open in Lexace · Ask the AI about this act THE UTTAR PRADESH FRUIT NURSERIES (REGULATION)
ACT, 1976
(U. P. Act No. XXI of 1976)
ARRANGEMENT OF SECTIONS
Sections :-
1- Short title,extent and commencement
2- Definitions
3- Restriction on Carrying on the business of fruit nursery
4- Application for licence
5- Terms and Renewal of License
6- Suspention and cancellation of licence
7- Orders to contain reasons
8- Duplicat licence
9- Appeals
10-Power of the State Government to call for records
11-Duties of the licensee
12-Licensee to maintain account books, registers etc
13- Power of the State Government to regulate or prohibit
import,export or transport of certain fruit plants
14-Penalty
15-Offences by companies
16-Cognizance of offense
17-Power of Licensing Authority
18-Protection of act in good faith
19-Savings as orders
20- Directions by State Government
21-Rules
478
THE UTTAR PRADESH FRUIT NURSERIES (REGULATION)
ACT, 19761
(U. P. ACT No. 21 OF 1976)
[Passed in Hindi by the Uttar Pradesh Legislative
Council on May 6, 1976 and by the Uttar Pradesh Legislative
Assembly on April 29, 1976.]
Received the assent of the Governor on May 17, 1976
under Article 200 of the Constitution of India and was
published in Uttar Pradesh Gazette Extraordinary, dated
May 20, 1976. ]
AN
ACT
to provide for the licensing and regulation of fruit nurseries in the
State of Uttar Pradesh
IT IS HEREBY enacted in the Twenty-seventh Year of the Republic
of India as follows :—
Short title,
extent and
commencement
1. (1) This Act may be called the Uttar Pradesh Fruit Nurseries
(Regulation) Act, 1976.
(2) It extends to the whole of Uttar Pradesh.
(3) It shall come into force on such date2 as the State
Government may, by notification, appoint in this behalf, and different
dates may be appointed for different areas of Uttar Pradesh.
Definitions 2. In this Act —
(a) “Appellate Authority” means the authority appointed by the
State Government by notification to hear appeals under this Act ;
(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 —
(i) a fruit nursery having an area less than 0.2 hectare ;
(ii) 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, goatee,
seeds, bulbs, suckers, rhizomes and cuttings of any such plant ;
(d) “license” means a license under this Act ;
(e) “licensee” means any person holding a license for the time
being in force ;
——————————————————————————————————————————
1. For Statement of Objects and Reasons, See Uttar Pradesh Gazette Extraordinary, dated April 29, 1976.
2. Under notification no. 3674/12 (4)—175-75, dated June 30, 1976 the said Act is in force with effect from
July 1, 1976 in the whole of Uttar Pradesh.
[The Uttar Pradesh Fruit Nurseries (Regulation) Act, 1976]
480
(f) “Licensing Authority” means the Director of Horticulture and
Fruit Utilization, Uttar Pradesh and includes any other officer not below
the rank of a District horticulture Officer empowered by the Director in
this behalf, to exercise some or all of the powers of the Licensing
Authority under this Act ;
(g) “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 includes a manager, managing director, managing
agent, or any other person incharge of such fruit nursery ;
(h) “rootstock” means a fruit plant or part thereof on which any
portion of a fruit plant has been grafted or budded ;
(i) “scion” means a portion of a fruit plant which is grafted or
budded on to a rootstock.
Restrictions
on carrying
on the
business of
fruit nursery
3. (1) No person shall, after the expiry of three months from the
date of commencement of this Act or from the date on which he first
becomes owner of a fruit nursery, whichever is later, conduct or carry
on the business of fruit nursery, except under and in accordance with
the terms and conditions of a license granted under this Act.
(2) Where more than one fruit nursery is owned by one person
whether in the same town or village or in different towns or villages,
separate licenses shall be granted in respect of each such fruit nursery.
Application
for licence 4. (1) Every application for a license under this Act shall be
made in the prescribed form to the Licensing Authority and shall be
accompanied by the prescribed fee.
(2) No license under this Act shall be granted, if it appears to the
Licensing Authority that —
(a) the fruit nursery is not suitable for the proper propagation of
the fruit plants, in respect of which license has been applied for ;
(b) the applicant is not competent to conduct such a fruit
nursery ;
(c) the application is not accompanied by the prescribed fee ;
(d) the applicant has been convicted of any offence under this
Act, or the rules made thereunder.
Terms and
renewal of
licence
5. (1) A license granted under section 4 shall be valid for such
period, as may be prescribed, and on application made in that behalf
and upon payment of the prescribed fees, be renewed, from time to
time, by the Licensing Authority for such further period as may be
prescribed.
(2) No license granted under this Act shall be renewed of it
appears to the Licensing Authority that —
(a) any of the grounds mentioned in sub-section (2) of section 4
exists ;
[The Uttar Pradesh Fruit Nurseries (Regulation) Act, 1976]
482
(b) the licensee has wilfully committed a breach of the provisions
of this Act or the rules made thereunder or any of the terms and
conditions of the license.
Suspension
and
cancellation
of a licence
6. (1) A licence granted under this Act may be suspended or
cancelled, if it appears to the Licensing Authority that–
(a) any of the grounds mentioned in sub-section (2) of section 5
exists ; or
(b) the licensee has parted wholly or partly with the possession
or control of the fruit nursery or that he has ceased to run it.
(2) Where any license is suspended or cancelled, the licensee
shall not be entitled to any compensation therefor nor he shall be
entitled to any refund of any fee paid by him for the license.
Orders to
contain
reasons
7. (1) Every order refusing to grant the license under section 4,
or refusing to renew the licence under section 5, or suspending or
cancelling the licence under section 6 shall be in writing and shall
contain the reasons in support thereof, and every such order shall be
communicated to the applicant or the licensee concerned.
(2) Before making an order referred to in sub-section (1) the
Licensing Authority shall give to the applicant or the licensee as the
case may be a reasonable opportunity of being heard.
Duplicate
licence 8. Where a license is lost, destroyed, torn, defected, or otherwise
becomes illegible, the Licensing Authority shall, in the manner
prescribed and on payment of the prescribed fee, issue a duplicate
licence.
Appeals 9. (1) Any person aggrieved by an order of the Licensing
Authority refusing to grant a license under sub-section (2) of section 4,
or refusing to renew it under sub-section (2) of section 5 or suspending
or cancelling it under sub-section (1) of section 6, may appeal to the
Appellate Authority within thirty days from the date of communication
of such order ;
Provided that, the Appellate Authority may entertain the appeal
after expiry of the period specified in this sub-section, if it is satisfied
that the appellant was prevented by sufficient cause from filing the
appeal in time.
(2) The Appellate Authority shall, after giving the appellant an
opportunity of being heard, pass such order on the appeal as it thinks fit.
(3) An order passed under this section shall, subject to the
provisions of section 10 be final.
Power of the
State
Government
to call for
records
10. (1) The State Government may of its own motion or on an
application from an aggrieved person may, at any time, for the purpose
of satisfying itself as to the legality or propriety of any order passed
under this Act, call for and examine the record of any case and pass
such orders thereon as it deems fit ;
[The Uttar Pradesh Fruit Nurseries (Regulation) Act, 1976]
484
Provided that, the State Government shall not exercise power
under this section during the pendency of an appeal under section 9 or
before expiry of the time-limit for such appeal ;
Provided further that in a case where the State Government
calls for the record of any case of its own motion, it 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.
Duties of the
licensee 11. Every licensee shall —
(a) employ only such varieties of the fruit plants, specified in the
licence, in respect of section or rootstock, for propagation and sale, as
may be directed by the Licensing Authority ;
(b) keep a complete record of the origin or source of every
rootstock and every scion showing —
(i) the botanical name, together with the local name, if any, of
the rootstock used,
(ii) the botanical name, together with the local name, if any, if
the scion used, in raising the fruit plants ;
(c) keep the nursery plots as well as the parent trees used for
the propagation of fruit plants free from insects, pests and plant
diseases ;
(d) prepare the fruit plants in such manner as may be directed
by the Licensing Authority ;
(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 its
age as determined in the prescribed manner ;
(f) release for sale or distribution only such fruit plants as are
completely free from any kind of insects, pests or plant disease.
Licensee to
maintain
account
books,
registers etc.
12. Every licensee shall maintain account books, registers and
records in such form and manner as may be prescribed.
Power of the
State
Government
to regulate or
prohibit
import,
export or
transport of
certain fruit
plants
13. The State Government may, for the purpose of maintaining
the quality of any fruit plants grown in any part of the State or to
protect them from injurious insects, pests or plant diseases, by
notification, regulate or prohibit, subject to such restrictions and
conditions as it may specify, the bringing into or taking out of the State,
or any part thereof, or the transport within the State, or any fruit plants
of unknown pedigree or affected by any infections or contagious pests
or diseases.
Penalty 14. Whoever contravenes any provision of this Act or the rules
made thereunder shall, on conviction, be punishable with fine which
may extend to Rs. 5,000 or imprisonment which may extend to six
months or with both.
[The Uttar Pradesh Fruit Nurseries (Regulation) Act, 1976]
486
Offences by
companies
15. (1) If the person committing an offence under this 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 the guilty of the
offence and shall be liable to be proceeded against and punished
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 knowledge or that he exercised all due
diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1) where
any offence under this Act has been committed by a company and it is
proved that the offence has been committed with the consent or
connivance of, or that the commission of the offence is attributable to
any neglect on the part of, any managing agent, secretary, treasurer,
director, manager or other officer of other company, such managing
agent, secretary, treasurer, director, manager, or other officer shall also
be deemed to be guilty of that offence and shall be liable to be
proceeded against and punished accordingly.
Explanation— For the purposes of this section —
(a) “company” means any body corporate, and includes a firm or
other association of individuals, and
(b) “director”, in relation to a firm, means a partner in the firm.
Cognizance of
offence 16. No prosecution for an offence punishable under this At
shall be instituted except on a complaint authorized by the Licensing
Authority.
Power of
Licensing
Authority
17. The Licensing Authority may —
(a) require any licensee to furnish such information as it may
specify in respect of the fruit nursery owned or run by such licensee ;
(b) enter upon and inspect or cause to be inspected any fruit
nursery and fruit plants therein and the account books and records
relating thereto for the purpose of satisfying itself that the requirements
of this Act and the rules made thereunder are being complied with ;
(c) collect samples of fruit plants and get them analyzed,
examined or tested in any laboratory selected for the purpose.
Protection of
act in good
faith
18. (1) No suit, prosecution or other legal proceeding shall lie
against any person for anything which is in good faith done or intended
to be done under this Act or the rules made thereunder.
(2) No suit or other legal proceeding shall lie against the State
Government for any damage caused or likely to be caused by anything
which is in good faith done or intended to be done under this Act or the
rules made thereunder.
[The Uttar Pradesh Fruit Nurseries (Regulation) Act, 1976]
488
Savings as
orders 19. No order made in exercise of any power conferred by or
under this Act shall be called in question in any Court.
Directions by
State
Government
20. In the discharge of his duties under this Act the Licensing
Authority shall carry out such directions of the State Government on
matters of policy as may be issued by the State Government from time
to time.
Rules 21. The State Government may by notification make rules for
carrying out the purposes of this Act, including any rules prescribing
fees in respect of any proceedings under this Act.