(1) Every order for refusal of licence under subsection (3) of Section 4 or refusal of renewal of licence under subsection
(3) of Section 6, or suspension or cancellation of licence under Section 7 of the Act shall be in writing and reasons in support of it shall be given. Before issuing every such order the Licensing Authority shall give a opportunity of being heard to the applicant or license holder as the case 5 may be, within 30 working days.
(2) Before issuing any order under subsection (1) the Licensing Authority shall give a reasonable opportunity of being heard the applicant or the nursery owner, as the case may be.
Duplicate Copy of l i c e
9. if a licence issued under Section 4 has lost, destroyed, torn or deformed or gets unreadable by other means, the Licensing Authority shall issue a duplicate copy of the licence on submission of the application and prescribed fees by the nursery owner.
Appeal 10. (1) Any person aggrieved by any order of the Licensing Authority for refusal of licence under subsection (3) of Section 4 or refusal for renewal of licence under subsection (3) of Section 6, suspension or cancellation of licence under sub-section (1) of Section 7 of the Act, may file an appeal before the Appellate Authority within 30 days from the date of communication of such order;
Provided that the Appellate Authority, if satisfied that the appellant could not file the appeal in specified period due to some reasonable cause, may accept the appeal even after the expiry of period specified in this subsection.
(2) The Appellate Authority, may after giving an opportunity of being heard to the appellant, pass an order as he may deem fit.
(3) Subject to the provisions of Section 11, an order passed under this section shall be final.
Power of state Government to call the records
11. The State Government, for the purpose of satisfying itself regarding the justification and validity of any order given under this Act, may suomoto or on application by any aggrieved person may call records of any matter, and examine them and pass such order as he may deem fit:
Provided that the State Government shall not exercise its power during the pendency of appeal under Section 10 of the Act or before the expiry of time prescribed for such appeal:
Provided further that if the State Government suomoto call the records of any matter, shall not give any order under this section that may adversely affect any person, until a reasonable opportunity of being heard is given to him.
Duties of the license holder
12. Every licence holder/ nursery owner have duty to:-
(i) propagate only such varieties of fruit plants, specified in the licence in respect of scion or root stocks, for production and sale, as may be directed by the Licensing 6 Authority.
(ii) keep complete records of origin or source of every root stock and scions showing, the botanical name together with local name, of the root stock, if any.
(iii) keep mother block of the fruit plant and other plants, whose propagation is to be done through vegetative propagation, wherein same kind of varieties of plants shall be maintained under advanced management.
(iv) vegetatively propagate only those plants and varieties for which he is having a mother tree and the maximum number of propagated plants in the nursery shall depend on the such variety / plant number in the mother block.
(v) use latest approved techniques for plant propagation and follow the direction issued by the competent authority for this purpose.
(vi) shall not mix the varieties/plants of propagated fruit plants. Therefore, the techniques are to be carefully followed during the propagation.
(vii) keep the nursery site used for production of fruit plants and the mother trees free from insects and diseases.
(viii) sale or distribute only those fruit plants which are free from any kind of insects and diseases.
(ix) sale their planting materials subject to the contracts mentioned in the Act and prescribed provisions or by self declaration only.
Patent of new discoveries
13. Necessary procedure shall be followed by the nursery owner for the provision of its patent on discovery of new varieties.
To Maintain account Books & registers