(1) Subject to such conditions and restrictions as may be Grant or prescribed, if the competent authority is satisfied that— refusal of licence.
(a) a horticultural nursery is suitable for the proper propagation of horticultural plants in respect of which licence has been applied for,
(b) the applicant is competent to conduct or establish any such horticultural nursery,
(c) the applicant fulfils, or undertakes to fulfil, such other conditions for ensuring the quality of plants to be propagated and their sale at a reasonable price as the competent authority may, by notification, specify, and
(d) the applicant has, for the grant of licence to him, paid such fee, and furnished such security, as may be prescribed, the competent authority may grant to the applicant a licence in such Form as may be prescribed for establishing or conducting a horticultural nursery on such terms and conditions as may be specified in the licence.
(2) Every licence granted under this section shall remain valid for a period of five years from the date of its issue and may be renewed from time to time for a period in such manner, on payment of such fee, and on fulfilment of such conditions, as may be prescribed.
(3) If the competent authority refuses to grant or renew a licence under this section, he shall record the reasons for such refusal in writing and furnish a copy of his order to the applicant.
281 The West Bengal Horticultural Nurseries (Regulation) Act, 2001.
[West Ben. Act Duties of licence holder.
(Section 7.)
(4) Every application made under section 5 shall be disposed of within a period of three months from the date of its receipt by the competent authority.
7. Every person, who holds a licence under this Act, shall—
(a) keep a complete record of the origin or source of every seedling, every root-stock and every scion used for vegetative propagation, showing their botanical name, along with variety, local name or common name, if any;
(b) utilise only such plant material in respect of root-stock and scion for propagation as may be recommended by the Director from time to time;
(c) show full particulars of the variety or varieties, if imported or evolved by the nurseryman at his own estate intended for propagation, to the Director or any other officer authorised by the Director on his behalf, and shall obtain his approval before sale of such variety or varieties, as the case may be, under a distinct or separate name;
(d) utilise such plant material as is required to be used in accordance with the licence granted;
(e) maintain a map register depicting the plots of the horticultural nursery in respect of each kind, and variety, of plants;
(f) maintain a register in the prescribed Form and manner, showing the progeny and performance of each mother plant to be utilised for production of plant material;
(g) keep the nursery plots as well as the parent trees used for propagation of horticultural plant free from insects, pests and diseases;
(h) prepare the horticultural plant in such manner as may be directed by the competent authority from time to time;
(i) use the seed material of known and genuine progeny being approved by the Director in the case of seedling or sapling;
(i) not procure stock for sale from any outside source other than a licensed horticultural nursery, research institute or Government institute and, where stock is procured from any of the sources as aforesaid, inform the competent authority of the source, the quantity and the type of material so procured, before the sale of such stock.
282 The West Bengal Horticultural Nurseries (Regulation) Act, 2001.
XXXI of 2001.]
(Sections 8, 9.)