Jammu and Kashmir Fruit Nurseries (Licensing) Act, 1987
No: 22 Dated: Dec, 29 1987
JAMMU AND KASHMIR FRUIT NURSERIES (LICENSING) ACT, 1987
(Act No. XXII of 1987)
An Act to provide for the licensing and regulation of fruit nurseries in the State of Jammu and Kashmir.
Be it enacted by the Jammu and Kashmir State Legislature in the Thirty-eighth Year of the Republic of India as follows :-
1. Short title, extent and commencement. - (1) This Act may be called the Jammu and Kashmir Fruit Nurseries (Licensing) Act, 1987.
(2) It extends to the whole of the State of Jammu and Kashmir.
(3) It shall come into force on such date as the Government may, by notification in the Government Gazette, appoint.]
2. Definitions. - In this Act, unless the context otherwise requires -
(a) "Competent Authority" means competent authority appointed under section 3.
(b) "Fruit Nursery" means any place where fruit plants arc in the regular course of business propagated and sold for transplantation, but does not include a fruit nursery belonging to or managed by the Government.
(c) "Fruit Plant" means any plant which can produce edible fruits or nuts and includes budwood, seedlings, grafts, layers, seed bulbs, suckers, rhizomes and cuttings of any such plant.
(d) "Owner" in relation to a fruit nursery, means the person who has the ultimate control over the affairs of such fruit nursery' arid 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 nursery.
(e) "Prescribed" means prescribed by rules made under this Act.
(f) "Root Stock"means a fruit plant or part thereof on which any portion of a fruit plant has been grafted or budded.
(g) "Scion" means a portion of a fruit plant which is grafted or budded on to rootstock.
3. Appointment of competent authorities. - The Government may, by notification in the Government Gazette-
(a) appoint any person, being Gazetted Officer of the Horticulture Department not below the rank of District Horticulture Officer to be the authority for the purpose of this Act;
(b) define the limits within which a competent authority shall exercise the powers conferred and perform the duties imposed on it by or under this Act.
4. Owner of every fruit nursery to obtain licence. - No owner shall, after the expiry of six months from the date of commencement of this Act or from the date on which he first becomes owner of such nursery, whichever is later, conduct or carry on the business of the fruit nursery except under and in accordance with a licence obtained by him under the provisions of this Act and the rules made thereunder.
Explanation. - Where an owner has more than one fruit nursery, whether in the same town or village or in different towns or villages he shall obtain a separate licence in respect of each such fruit nursery.