(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 Competent 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 giving 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) undertake 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 variety of Horticulture plant, its age and the name of the root stock;
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(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 plants sold by him at a conspicuous place in the nursery;
(i) maintain a bill book 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 register 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 Nurseryman 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 outside the State. The certificate from the committee of the district has to be obtained for every consignment to the effect that plant material procured from the nurseries outside 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.
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(d) the nurseryman 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 nurseryman 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 applicable 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 thereof 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.