The Orissa Fruit Nurseries (Regulation) Act, 1997

1. (d) "Government" means the State Government of Orissa ;
2. (e) "nurseryman" means any person engaged in production and sale of fruit plants ;
3. (f) "plant material" means any material used for propagation and raising of fruit plants and includes bud wood, scion, root stock, suckers, roots, seeds and cuttings ;
4. (g) "prescribed" means prescribed by rules ;
5. (h) "root stock" means the fruit plant or part thereof on which any fruit plant has been grafted or budded ;
   • (i) "rules" means rules made by the Government under this Act ;
6. (j) "scion" or "bud wood" means the part of the plant which is used for grafting or budding a root-stock or tree.

1. (1) On and after the commencement of this Act, no person shall establish or conduct a fruit nursery, without being registered with the competent authority and without obtaining a licence under the provisions of this Act.
2. (2) Notwithstanding anything in sub-section (1), a nurseryman who owns and possesses a fruit nursery immediately before the commencement of this Act may continue to conduct the fruit 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 section 5, till the disposal of such application.
3. (3) Where any person, or a nurseryman who owns and possesses a fruit nursery, intends to establish or, as the case may be, conduct more than one fruit nursery, he shall have to obtain a separate licence in respect of each fruit nursery.

The Government may, by notification,—

1. (a) appoint any officer, not below the rank of a Class I Officer of the Government in horticultural discipline, to be the competent authority for the purposes of this Act ; and
2. (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.

Every application for registration and licence under section 3 shall be made to the competent authority in such form and accompanied by such fee as may be prescribed.

1. (1) Subject to such conditions and restrictions as may be prescribed, if the competent authority is satisfied that—
   • (a) the fruit nursery is suitable for the proper propagation of the fruit plants in respect of which licence has been applied for ;
   • (b) the applicant is competent to conduct or establish any such fruit nursery;
   • (c) the applicant fulfils or undertakes to fulfil such other conditions, as may be notified by the competent authority, being conditions for ensuring the quality of plants to be propagated and their sale at a reasonable price; and
   • (d) the applicant has paid the fee prescribed for the licence and has also furnished the security prescribed, if any, such authority may grant a licence to the applicant for conducting or establishing a fruit nursery in accordance with the terms of the licence and the provisions of this Act and the rules.
2. (2) Every licence granted under this section shall remain valid for a period of three years from the date of its issue and it may be renewed from time to time on payment of such fee, in such manner and on fulfilment of such conditions as may be prescribed.
3. (3) If the competent authority refuses the grant or renew a licence under this section, he shall record the reasons for such refusal in writing and communicate a copy of his order to the applicant.
4. (4) Every application made under section 5 shall be disposed of within a period of three months from the date it is made.

(g) keep the nursery plots as well as the parent trees used for propagation of fruit plants free from insects, pests and diseases ; (h) prepare the fruit plants in such a 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 case of seedling or sapling; (j) not procure stock for sale from any outside source other than a licenced fruit nursery, research institute or Government institute, and where stock is procured from any of the said three sources; inform the competent authority the source, quantity and type of material so procured, before sale of such stock. 8. suspension or cancellation of licence (1) The competent authority may suspend or cancel any licence granted or renewed under this Act, if the licensee— (a) had applied to be adjudicated, or been adjudicated, an insolvent; or (b) has parted, in whole or in part, with his control over the fruit nursery; or (c) has ceased to conduct or possess such fruit nursery; or (d) in the opinion of the competent authority; has become incompetent to conduct or possess such fruit nursery: or (e) has contravened, or failed to comply with, any of the terms of the licence or any of the provisions of this Act or the rules; or (f) has refused to surrender or produce his licence or to produce the registers and other records required to be maintained under this Act or the rules to the competent authority or any person authorised by it; or (g) becomes subjected to any other ground as may be prescribed. (2) Before passing an order under sub-section (1) the competent authority shall intimate to the licensee the grounds on which it is proposed to pass such order and give him a reasonable opportunity of showing cause against it. (3) The competent authority may suspend the licence pending the passing of a cancellation order in respect thereof under sub-section (1). (4) A copy of every order passed under sub-section (3) shall be communicated to the licensee. 9. On the expiry of the period of validity of the licence or on the receipt of an order of suspension or cancellation thereof, the licensee shall return the licence to the competent authority: Provided that the competent authority may, after such expiration, suspension or cancellation, give such reasonable time as it thinks fit to the nurseryman to enable him to wind up his fruit nursery.

Issue of duplicate licence If a licence granted or renewed under this Act is lost, destroyed, mutilated or damaged, the competent authority shall on application and on payment of the prescribed fee, issue a duplicate licence.

1. (1) Any person aggrieved by an order of the competent authority passed under section 6 or 8 may, within a period of thirty days from the date of the order, prefer an appeal to such authority and in such form and manner, as may be prescribed: Provided that the appellate authority may admit an appeal after the prescribed period, if sufficient cause is shown.
2. (2) The appellate authority may after hearing the appellant pass such orders as he thinks fit.
3. (3) Subject to the provision of section 14, any order passed under this section shall be final. 12.
4. (1) The Government may, on the application of any person aggrieved by an order passed under this Act, within a period of ninety days from the date of the order, for the purpose of satisfying it as to the legality or propriety of such order, call for and examine the records of the case, and may pass such orders as it may deem fit: Provided that the Government shall not exercise the powers under this section in respect of an order against which an appeal preferred under section 11 is pending or in case an appeal has not been preferred, before the expiry of the time limit thereof.
5. (2) An order passed under this section shall be final.

1. (1) The competent authority, or any officer authorised by him or the Government, may enter into the premises of a fruit nursery and inspect or examine the plant materials or the books of accounts, registers, records or other documents relating to the fruit nursery at all reasonable hours, for the purpose of satisfying hims if that the requirement of this Act and the rules are being complied with:
2. (2) The nurseryman or his agent, or any person employed therein in connection with the fruit nursery, shall afford all reasonable access and facilities for the inspection and examination as may be required for the aforesaid purpose by the competent authority or the authorised officer, as the case may be, and shall be bound to furnish all information, books of accounts, registers, records and other documents in relation to the fruit nursery as may be required by such authority or officer, as the case may be.
3. (3) If the competent authority or the authorised officer is of the opinion that the use of any plant material or its mother trees, or both, may not be in the interest of the fruit industry on account of --
   • (a) poor quality of fruits,
   • (b) poor fruit bearing capacity,
   • (c) infestation of insects, pests and diseases of incurable nature, or
   • (d) such other reason as he may consider appropriate he may declare such plant material and if so necessary its mother trees, as unfit for use and may direct the nurseryman in writing to remove and destroy the same within the prescribed period.
4. (4) The nurseryman shall, on receipt of such direction, remove or destroy such plant material and trees within the prescribed period, failing which, the competent authority or, as the case may be, the authorised officer shall cause the same to be removed and destroyed and the expenditure incurred therefor shall be recovered from the nurseryman as an arrear of land revenue.

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.

No suit, prosecution or other legal proceeding shall lie against the Government or against any person for anything which is in good faith done or intended to be done in pursuance of this Act or the rules or orders made thereunder.

The Government may, by notification, make rules for carrying into effect the provisions of this Act.