(1) On and from the date of commencement of this Act, no person shall,—
(a) establish or conduct a horticultural nursery, without being registered with the competent authority and without obtaining a licence under this Act, or
(b) sell, or exchange, or offer or expose for sale, or consign for sale, any variety of horticultural plants material, by himself or by any person on his behalf, unless, such variety is identifiable and properly labelled containing the correct particulars of that kind or variety.
(2) Notwithstanding anything contained in sub-section (1), a nurseryman, who owns and possesses a horticultural nursery immediately before the date of commencement of this Act, may continue to conduct such horticultural nursery,—
(a) for a period of three months from the date of commencement of this Act, or
(b) if an application for registration and licence is made to the competent authority within the period specified in clause (a) in accordance with the provisions of section 5, till the disposal of such application.
280 The West Bengal Horticultural Nurseries (Regulation) Act, 2001.
XXXI of 2001.]
(Sections 4-6.)
(3) Where any person or nurseryman, who owns and possesses a horticultural nursery, intends to establish or, as the case may be, to conduct more than one horticultural nursery, he shall obtain a separate licence in respect of each horticultural nursery.
4. The State Government may, by notification,—
(a) appoint any officer in horticultural discipline to be the competent authority for the purposes of this Act; and
(b) define the local limits within which the competent authority shall exercise the powers conferred, and perform the duties imposed, on him by or under this Act.
Appointment of competent authority.
5. Every application for registration and licence under section 3 fo Application r shall be made to the competent authority in such form, and accompanied registration by • such fee, as may be prescribed. and licence.