(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.
5[(1A) Every application referred to in sub-section (1) shall be disposed of by the Competent Authority within a period of one month from its receipt and in the manner provided in sub-section (2).]
(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 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 ;
(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 ;
the Competent Authority shall grant the licence to the applicant. If the Competent Authority is not so satisfied, it may, after giving a reasonable 1 Section 4 was renumbered as sub-section (1) of that section, by Mah. 18 of 1995, s. 6 (a).
2 This sub-section was added after sub-section (1), so renumbered, ibid., s. 6(b).
3 These words were inserted, ibid., s. 6(c).
4 Section 4A was inserted, ibid., s. 7.
5 This sub-section was inserted, ibid., s. 8.
Appointment of Competent Authorities.
Owner of every fruit nursery 3[and every person carrying on business of sale of fruit plants] to obtain licence.
Application of provisions of sections 5, 6, 8, 9, 10 and 11 to the licence for sale of fruit plants.
Application for grant and renewal of licence.
Mah.
XVIII of
1995.
1969 : Mah. XLV] Maharashtra Fruit Nurseries and Sale of Fruit Plants (Regulation) Act, 1969 3 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 by him.
(3) Every licence granted under this section shall be valid for the period specified therein, and may, on an application made to it, be renewed, from time to time, 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. Every holder of a licence under this Act shall—
(a) undertake to employ only such varities 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 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, of the scion used, in raising the fruit plants ;
(c) keep a lay-out 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 pests and plant diseases ;
(e) undertake to prepare the fruit in such manner as may be directed by the Competent Authority ;
(f) specify in a conspicuous manner on a label the name of every variety of fruit plant enclosed in any package intended for sale, its age as determined in the prescribed manner and the name of the rootstock together with that of the scion of every such fruit plant ;
(g) undertake to release for sale or distribution only fruit plants as are completely free from any kind of insect pest or plant disease ;
(h) maintain a register in the form specified by the Competent Authority showing the name of the fruit plant sold to any person, its age, the name of the rootstock and scion and the name and address of the person purchasing it.
7. 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 insect pests or plant diseases, by notification in the Official Gazette, regulate or prohibit, subject to such restrictions and conditions as it may impose, the bringing into, or taking out of, the State or any part thereof, otherwise than across the customs frontiers as defined by the Central Government, or the transport within the State, of any fruit plants of unknown pedigree or affected by any infections or contagious pests or diseases.
Duties of the holder of a licence.
Power of State Government to regulate or prohibit import, export or transport of certain fruit plants.
H 782—2a Maharashtra Fruit Nurseries and Sale of [1969 : Mah. XLV Fruit Plants (Regulation) Act, 1969 4 Power to cancel or suspend licences.
Return of licence.