(1) In this Act, unless the context otherwise requires,—
(a) “Competent Authority” means a 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, seeds, bulbs, suckers, rhizomes and cuttings of any such plant ;
(d) “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 of the fruit nursery ;
(e) “prescribed” means prescribed by rules made under this Act ;
(f) “rootstock” means a fruit plant or part thereof on which any portion of a fruit plant has been grafted or budded ;
5[(fa) “sale of fruit plants” means a sale of fruit plants made within the State for cash or deferred payment or other valuable consideration ;]
(g) “scion” means a portion of a fruit plant which is grafted or budded on to a rootstock.
(G.C.P.) H 782—2 (3350–10–2012) Maharashtra Fruit Nurseries and Sale of [1969 : Mah. XLV Fruit Plants (Regulation) Act, 1969 2
3. The State Government may, by notification in the Official Gazette,—
(a) appoint such persons, being gazetted officers of Government, as it thinks fit to be Competent Authorities for the purposes of this Act ; and
(b) define the limits within which a Competent Authority shall exercise the powers conferred and perform the duties imposed on a Competent Authority, by or under this Act.
4. 1[(1)] No owner of a fruit nursery 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.
2[(2)] No person, who is not the owner of a fruit nursery shall, after the expiry of six months from the date of the commencement of the Maharashtra Fruit Nurseries (Regulation) (Amendment) Act, 1995, conduct or carry on the business of the sale or purchase of fruit plants, except under and in accordance with the 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.
4[(4A. The provisions of sections 5, 6, 8, 9, 10 and 11 shall mutatis mutandis, apply to the grant of licence for the sale of fruit plants and the Competent Authority shall have and exercise the same powers as he has exercises in respect of the licence granted to the owner of a fruit nursery.]