Goa Fruit and Ornamental Plant Nurseries (Regulation) Act, 1995

No: 13 Dated: Apr, 17 1997

Goa Fruit and Ornamental Plant Nurseries (Regulation) Act, 1995

An act to provide for the regulation of fruit and ornamental plant nurseries in the State of Goa and for matters incidental thereto.

Be it enacted by the Legislative Assembly of Goa in the Forty-sixth Year of the Republic of India as follows:-

1. Short title and commencement.— (1) This Act may be called the Goa Fruit, and Ornamental Plant Nurseries (Regulation) Act, 1995.

(2) It shall come into force on such date as the Government may, by notification in the Official Gazette, appoint.

2. Definitions.— In this Act, unless the context otherwise requires,—

(a) “Appellate authority” means an Officer of the Government not below the rank of Secretary to the Government appointed by notification in the Gazette for the purpose of section12;

(b) “Competent authority” means a person or authority appointed under section 3 of the Act;

(c) “Director” means the Director of Agriculture of the Government;

(d) “Government” means the Government of Goa;

(e) “Inspecting Officer” means any Officer not below the rank of Agricultural Officer or Zonal Agriculture Officer authorised by the Director for the purpose of inspection of nurseries;

(f) “Notification” means a notification published in the Officia1 Gazette;

(g) “Nursery” means any fruit and/or ornamental plant nursery or tissue culture unit in Goa where fruit and/or ornamental plants, are in regular course of business, propagated and sold for transplantation or cultivation but does not include such a nursery belonging to or managed by the Government; 

(h) “Nursery-man” means any person engaged in the production and sale of fruit and ornamental plants;

(i) “Official Gazette” means the Official Gazette of the Government;

(j) “Plant material” means any propagation material used in raising the plant and includes budwood, scion, rootstock, seed and cutting;

(k) “fruit and ornamental plant” means any Plant, which gives flowers, foliage ornamental or edible fruits or nuts and includes budwood, seedlings, grafts, layers, bulbs, seeds, suckers, rhizomes and cuttings of any such plant;

(l) “Owner” in relation to a fruit and ornamental plant nursery, means the person who, or the authority which, has the ultimate control over the affairs of such fruit and ornamental plant nursery, and where the said affairs are entrusted to a manager, managing director or managing agent, such manager, managing director or managing agent shall be deemed to be the owner of the fruit and ornamental plant nursery;

(m) “Prescribed” means prescribed by rules made under this Act;

(n) “Rootstock” means a fruit and ornamental plant or part thereof on which any portion of fruit and ornamental plant has been grafted or budded;

(o) “Scion” means a portion of a fruit and ornamental plant which is grafted or budded on to a rootstock.

3. Appointment of competent authorities.— The Government may, by notification in the Official Gazette.— (a) appoint such persons as it thinks fit, being Gazetted Officers of the Government, to be competent authority for the purpose of this Act; and

(b) define the limits within which the competent authority shall exercise the powers conferred and perform the duties imposed thereon by or under this Act.