(1) Where an offence under this Act has been committed by a company, every person who, at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:
Provided that nothing contained in this sub-section shall render any such 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.
(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
Explanation.—For the purposes of this section,—
(a) "company" means a body corporate and includes a firm or other association of individuals; and
(b) "director", in relation to a firm, means partner in the firm.
18. No court shall take cognizance of an offence punishable under this Act except on a complaint in writing made by the competent authority or any officer authorised by him in this behalf by general or special order.
19. The State Government may, by notification, delegate to any officer or authority subordinate to it all or any of its powers under this.
Act except the power to make rules.
20. Where any licence granted to a nurseryman under this Act is suspended or cancelled, he shall not be entitled to any compensation therefor, nor shall he be entitled to the refund of any fee paid by him for the grant of such licence.
286 The West Bengal Horticultural Nurseries (Regulation) Act, 2001.
XXXI. of 2001.]
45 of 1860.
(Sections 21-23.)
21. The competent authority and every person duly authorised to discharge any duty imposed on him by or under this Act shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code, 1860.
22. No suit, prosecution or other legal proceeding shall lie against the State Government or any officer of that Government or any person authorised by that Government for anything which is in good faith done or intended to be done in pursuance of any provision of this Act or the rules, or the orders, made thereunder.
Competent authority and certain other persons to be public servants.
Protection of action taken in good faith.
23. The State Government may, by notification, make rules for Power to make rules.
carrying out the purposes of this Act.
Statement of Objects and Reasons on the West Bengal Horticultural Nurseries (Regulation) Bill, 2001 (Bill No. 34 of 2001).
STATEMENT OF OBJECTS AND REASONS.
The Government of India have laid a lot of emphasis on horticulture plantations and the Government of West Bengal have also envisaged a large-scale horticultural development. The plan allocation has also registered a quantum jump in the horticulture sector. The Government of West Bengal have also viewed horticulture as one of the prime movers of development in the agro-based economy. Considering the magnitude of plantation, the availability of quality planting materials is indispensable for any horticultural development. With the steady increase in the requirement of such planting materials, it has become imperative to encourage nurseries in private, public and co-operative sectors. By involving various sectors in the production of planting materials, an atmosphere of healthy competition may be created with a view to fostering improvement in the quality as well as the cost competitiveness. Given the magnitude of the requirement, it has become expedient that such nurseries should be regulated by an Act of the Legislature. One of the objects of the proposed law is, therefore, to ensure control over nurseries and to make them liable to punishment in the case of violation of quality requirement and production of sub-standard materials. At present, Government have no control over such nurseries. It is, therefore, necessary to provide for licensing and regulation of horticultural nurseries in West Bengal by legislation.
287 The West Bengal Horticultural Nurseries (Regulation) Act, 2001.
[West Ben. Act XXXI of 2001.]
2. The Bill has been framed with the above objects in view.
3. There is no financial implication involved in the Bill.
KOLKATA, The 29th November, 2001.
SAILEN SARKAR, Member-in-charge.
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