(1) Each bundle of fruit plants meant for sale of fruits shall be properly packed, labelled with the name of fruit plant and varieties.
(2) If the bundle contains more than one type of plants and varieties, each plant shall be labelled.
(3) proper label/board shall also be affixed on Mother block.
(4) Only one variety of plant shall be planted/propagated in one seed plot and in a small board shall be affixed in this seed plot with the name of that variety.
(5) If the nursery owner receives any fruit plants from any other nursery of the State other than his fruit nursery for the purpose of sale, he shall be required to obtain a selfdeclaration from that nursery owner on a Rs. 100/- (One hundred) stamp paper stating the genetic characteristics, techniques followed, and the plants being insect and disease free.
(6) In respect of plant material, it is mandatory for all the government and non-government nurseries established in the State to see that from whatever source they purchase plant material it should be beneficial, in case it is not beneficial, action shall be taken against them under 8 section18 of the Act.
st Power of State Government to Regulate or Prohibit, Import, Export or Transport of certain fruit plants
17. 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 harmful insects, pests and plant diseases, by notification, regulate or prohibit, subject to such restriction and conditions as it may specify, the bringing in to and taking out of the State and any part thereof, or the transport within the State, or any fruit plants of unknown pedigree of affected by any infectious or contagious pest and disease.
Offence & Penalty 18. (1) The Nursery owner on contravention of any provision of the Act or rules made thereunder, on first conviction shall be punished with the fine which may extend to Rs.50,000/- (Fifty thousand) and in default of payment of fine with imprisonment which may extend to Six months, and be punished on second or subsequent conviction with imprisonment which may extend to six months and fine which may extend to Rs.50,000/- (Fifty thousand). In addition to this, the nursery owner shall be liable to pay all the compensation under para 6 of Appendix-1 to the farmer. The amount of compensation shall be determined by a committee constituted under the chairmanship of Chief/District Horticulture Officer.
(2) If an offence is made by the company under this Act, the person in-charge of the operations of the company, for the time being, shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly:
Provided that nothing contained this sub-section shall render any person liable to any punishment if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence.
(3) Notwithstanding anything contained in sub-section (2), if any offence punishable under this Act has being committed by a company and it is proved that the offence has been committed with the consent or connivance or negligence of any Secretary, treasurer, Director, Manager or other officer of the company, such Secretary, Treasurer, Director, Manager or other officer of the company shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
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Explanation:- For the purpose of this section-
(a) Company means a corporate body and includes a firm or other association of individuals; and
(b) "Director" in relation to a firm, means the partner of that firm.
Cognizance of Offence
19. No prosecution shall be initiated except for any complaint authorized by the Licensing Authority for any offence punishable under this Act.
1[Explanation: Any complaint arising under this Act, shall lies to the Jurisdiction of first class judicial Magistrate of concerned district. ] Powers of Licensing Authority
20. The Licensing Authority may:-
(1) require the nursery owner to submit such information regarding the nursery in his ownership or run by him as may be specified.
(2) enter in any nursery and inspect or make inspection of it and get inspected the plants in the nursery as also the account books and records related to the plants to ensure that the requirement of the Act and Rules made there under are being complied.
(3) take samples of fruit plants and get make its analysis, inspection or testing in a lab assigned for this purpose.
Protection of action taken in good faith