(1) Every application for a licence under section 3 shall be made to the competent authority and shall be in the prescribed form.
1[(1A) In case of death of the licensee, if there is any nominee, then, the licence may be transferred in his name within a period of six months from the date of death of the licensee, otherwise, the licence will be deemed to be expired: Provided that if the nurseries owned by State Government or the Central Government or corporate bodies of the State and Central Government are exempted from the payment of registration fee or renewal fee, then they shall get registration under this Act. All the nurseries growing horticulture plants should be registered once in a lifetime, but the license of the nursery will be renewed after every three years. However, the licence will be issued only for those plants which are mentioned in the list attached in the rules.]
(2) Subject to such conditions and restrictions as may be prescribed, if the competent authority is satisfied that-
(a) the 2[horticulture] nursery is suitable for the proper propagation of the 3[horticulture] plant or 4[horticulture] plants in respect of which the licence has been applied for;
5[(aa) the soil should be tested free of soil borne pathogens from a recognized laboratory which means diagnostic laboratory of the Department of Plant Pathology, Punjab Agriculture University, Ludhiana or any other laboratory recognized by the competent authority;]
(b) the applicant is competent to conduct or establish such a 6[horticulture] nursery;
7[(ba) either owner or his regular employee should be trained in nursery production/management for production of disease-free horticulture plants. The existing horticulture nurseries shall be given one year time to fulfill this condition;]
1 Inserted by the Punjab Act No. 7 of 2022, Section 6 2 Substituted for the word “fruit” by Punjab Act No.7 of 2022, Section 6 3 Substituted for the word “fruit” by Punjab Act No.7 of 2022, Section 6 4 Substituted for the word “fruit” by Punjab Act No.7 of 2022, Section 6 5 Inserted by Punjab Act No.7 of 2022, Section 6 6 Substituted for the word “fruit” by Punjab Act No.7 of 2022, Section 6 7 Inserted by Punjab Act No.7 of 2022, Section 6
(c) he fulfils any other conditions notified by the competent authority in this behalf; and
(d) the applicant has paid the fee prescribed for the licence and has also furnished the prescribed security, if any, such authority may grant a licence to the applicant for conducting or establishing a 1[horticulture] nursery in accordance with the terms of the licence and the provisions of this Act and the rules thereunder.
(3) Every licence granted under this section shall be valid for the prescribed period and may, on application and payment of the prescribed fee, be renewed, from time to time by the competent authority and for the prescribed period, provided the other conditions in sub-section (2) continue to be fulfilled.
(4) If the competent authority refuses to grant or renew a licence under this section, it shall record its reasons for such refusal in writing and communicate a copy of its order 2[to the applicant after giving a reasonable opportunity of being heard to the applicant.]