The Mizoram Fruit Nurseries Registration Act 1992

Regd. No. NE 907 Vol XXI Aizawl, Friday 14.8.1992 Sravana 23. S.E. 1914 Issue No. 148 NOTIFICATION No. H. 12018/30/92-LJD, the 11st August, 1992. The following Act of the Mizoram Legislative Assem- bly, which received the assent of the Governor of Mizoram is hereby published for general information. The Mizoram Act No. 9 of 1992 The Mizoram Fruit Nurseries Registration Act 1992 (Received the assent of the Governor of Mizoram on 27th July 1992) AN ACT to provide for the registration of fruit nurseries in Mizoram and other matters connected therewith. Be it enacted by the Legislative Assembly of Mizoram in the Forty third year of the Republic of India as follows: Short title extent and commencement :- (1) This Act may be called the Mizoram Fruit Nurseries Registration Act, 1992. (2) It shall extend to whole of the State of Mizoram. (3) It shall come into force on such date as the State Government may, by notification in the official Gazette, appoint in this behalf, 2. Definitions : - In this Act, unless the context otherwise requires :- Ex-148/1992 - 2 - (a) “appropriate Goverament” means the State Government of Mizoram; (b) “competent authority” means a person or authority appointed by the Government by notification to perform such functions under this ACT; (c) “director” means the Director of Agriculture/Horticulture; (d) “fruit plant” means any plant, which can produce edible fruits or nuts, and includes wood, seedlings, grafts, layers, seeds, bulbs, suckers, rhizomes and cutting of any such plant; (e) “inspecting officer” means any officer not below the rank of Horticulture Inspector or Plant Protection Inspector authorised by the Director of Agriculture/ Horticulture for the purpose of inspection of nurseries; (f) “nurseryman” means any person engaged in the production and sale of fruit plants; (g) “owner” in relation to a fruit nursery, means the person who, or the authority which has the ultimate control over the affairs of such fruit nursery, and where the said affairs are entrusted to a manager, managing director or managing agent shall be deemed to be the owner of the fruit nursery; (h) “Plant Material" means any propagation material used in raising the plant and includes budwood, scion, root-stock, seeds and cuttings; (i) “prescribed” means preseribed by rules made under this Act; (j) “root-stock" means a fruit plant or part thereof on which any portion of a fruit plant has been grafted or budded; (k) “scion” means a portion of a fruit plant which is grafted or budded on to a root-stock. 3. Appointment of Competent Authorities:- The State Government may, by notification, in the Official Gazette- (a) appointed such persons, being gazetted officrers of Government as it thinks fit to be completent Authorities for the purpose of this Act; and (b) define the limits within which the competent authorities shall exercise the powers con- ferred and perform the duties imposed on a competent authority by or under this Act. 4. Owner of every fruit nursery to obtain licence.- The owner of fruit nursery should obtain licence without which the department is not bound to procure fruit plants and plant materials from him. A seperate licence will be required for nurseries located at different places. - 3 - Ex-148/1992 5. Application for/and grant of licence:- (1) Every application for licence shall be made to the competent authority and shall be in the prescribed from subject to such conditions and restrictions as may be prescribed. (2) If the competent authority is satisfied that- (a) the fruit nursery is suitable for proper propagation of fruit plant in respect of which licence has been applied for; (b) the application is competent to conductor or establish any such fruit nursery; (c) he fulfils any other conditions notified by the competent authority in this behalf; (d) the applicant has paid the ‘fee’prescibed for the licence and has also furnished the prescribed securiry, if any, he may issue a licence. 6. Period of validity and renewal of licence - 1. Every licence grandted this section shall be valid for a period of three years from the date of issue and it may be renewed from time to time on payment of such fee in such manner and the fulfilment of such conditions as my be prescribed by the competent authority. 7. Duties of the holder of a licenee - Every holder of a licence under this Act shall - (a) “undertake to multip y only such varietias of tha fruit plants speified in the licence in respect of seion or root-stock, for propagation and sale, as may be directed by the Competent Authority/ State Government, (b) keep a complete record of the origin or source of evory rootstock and every scion show- ing (i) the botanical name, together with the local name, it any, of rootstock used; (ii) the botanical name, togothor with tho local name, it any, of the scion used, in raising the fruit plants; (c) keep a layout plan showing the position of every rootstock and scion tree employed in raising the fruit plants. (d) keep the nursery plots as well as the parent trees used for the propagation of fruit plants free from insect pests. Ex-148/1992 - 4 - (e) undertake to preparethe fruit plants in such manner as mau be directed by the competent authority. (f) specify in a conspicious manners on a lable the name of every variety of fruit plant en- closed in any package intended for sale, its age as ditermined in the prescribed manner and the name of the rootstock together with that of scion of every such fruit plant; (g) maintain a register in the form specified by the competent authority showing the name of the fruit planr sold to any person, its age, the name of the rootsock and scion, budwood and the name and address of the person purchasing it, and shall produce the record for inspection on demand by Director of Inspecting Officer; the register shall be preserved by the licence holder for at least ten years after the date of conclusion of the transaction; (h) undertake to release for sale or distribution only such fruit plants as are completely free from any kind of insect pests or plant disease; (i) keep the plants as well as the progeny trees used for the production of nuesery plants free from such insects, pests and diseases as may be prescribed . 8. Plant material to be utilised for propagation:- (1) Plant material to be utilised for propagation will be only for which licence has been granted. (2) The scion variety and rootstock to be propagated in the nursery shall be those approved by the Horticulture Department/Agriculture Deaprtment of the State Government, from time to time. (3) The vegetatively propagated plant material shall be in direct proportion to the availability of rootsock (vegetatively propagated, if any) and scionwood with the nurseryman. (4) Nurseryman will maintain a map showing the details of the field of beds and the kinds of varieties of plants in each bed. (5) The nurseryman will maintain a register in the relevant form wherein the performance of the progency trees will be recorded (6) The competent authority may declare mother trees as unfit for use, if it is statisfied on account of the following reasons :- (a) poor quality of fruit (b) poor bearing capacity; (c) infested with insects pests and disease which vcannot be cured; (d) any other reasons whcih may be considered fit by the competent authority in the interest of the fruit industry. - 5 - Ex-148/1992 (7) The nurseryman will quarantine such trees and will not use their budwood for further propagation in any case should there be a danger of the spread of the insects, pests and diseases to other nurseries and nursery plants, these trees may be ordered to be adjusted by the competent authority and the nurseryman will carry out these orders, such orders shall also be under the supply and planting mate- rials 9. Power of State Government to regular or prohibit import, export or transport of certain fruit plant. The Government may, for the purpose of maitaining the quality of any fruit plant grown in any part of the State of to protect them from injurious insect pest or plant diseases, by notification in the official Gazette, regulate or prohibit the bringing into or taking out of the State or any part thereof, or the transport of them within the State, of any fruit plants of unknown pedigree or affected by any infectious of conta- gious disease or pests. 10. Powers to cancel or suspend licence :- (1) The competent authority may suspend of cancel any licence granted of renewed under Sections 5 and 6 on any one or more of the following grounds, namely:- (a) that he has parted, whole or in part, from his control over the fruit nursery or has otherwise ceased to conduct or hold such fruit nursery; (b) that, where the maximum rate of price for any variety of any fruit plants has been fixed by the State Government by notification in the official gazette, he has sold any such fruit plant at a higher rate or price; (c) that he has without reasonable cause failed to comply with any of the terms and concitions of the licence or any directions lawfully given by the competent authority or has contavened any of the provisions of this Act, or the rules made thereunder; (d) that the licensee has applied to be adjudicated or been adjudicated and insolvent; (e) that in the opinion of such authority, he has become incompetent to conduct such fruit nursery; (f) that he has refused to surender or produce his licence of registers and other records required to be maintained under the Act, or the rules thereunder to the competent authority of any person authorised by it, or (g) on any other grounds as may be prescribed by rules made unfer this Act. (2) The competent authority may suspend the licence pending for order under sub-section (1) (3) Before passing an order under sub-section (1) the competent authority shall inform the Ex-148/1992 - 6 - licensee the grounds on which it is proposed to take action and given him a reasonable opportunity of showing cause for such action. (4) A copy of every order passed under sub-section (1) or sub-section (2) shall be commu- nicated to the licensee forthwith. 11. Return of licence :- On the expairy of the period of validity specified ina licence or on receipt of an order suspending or cancelling a licence the licensee shall return the licence to the competent authority. Provided that such Authority may, afte such expiration, suspension or cancellation give such rea- sonable time as it thinks fit to the owner to enable him to wind up his fruit nursery. 12. Issue of duplicate licence :- If licence granted to an owner is lost, destroyed, multilated or damaged, the competent authority may, on application and payment of Rs. 50/- or such fee as may be prescribed from time to time issue a duplicate licence. 13. Appeals :- (1) Any person aggrieved by an order of a competent authority refusing to gnd or renew a licence or suspending or cancelling a licence, may appeal in such from and manner within such period and to such authority as may be prescribed. Provided that the appellate authority mau entertain appeal after expiry of the prescribed period if it is statisfied that the appellant was prevented by sufficient cause from tilling the appeal in time. (2) On receipt an appeal under sub-section (1) the appelate authority shall afte giving the appellant an oppotunity of being heard pass such order on the appeal as it thinks fit. (3) An order under this Act, shall subject to the provisions of section 14 be final. 14. Revision :- (1) The appropriate Goverment may, sou motu or on an application made to it by an ag- grieved person, at any time, for the purpose of satisfying itself as to the legality or propriety of any order passed under this Act, call for and examine the record or any case and may pass such order thereon as it thinks fit; Providod that the appropriate Government shall not exercise the power conferred on it by this section, in respect of an order against which an appeal preferred under saction 13 is pending or upon application in case an appeal has not been preferred before the expiry of the time limit thereof. - 7 - Ex-148/1992 Pravided further that the appropriate Goverament shall not pass any order under this section which adversely affects any person, unless such person has been given a reasonable opportunity of being heard. (2) Any order passed under this section shall be final. 15. Powers of entry and inspection of nurseries :- (1) With a view to examine the working of any fruit nursery or for any other purposes, the competent authority or any person authorised by it shall have the right at all reasonable hours with or without assistants - (a) to enter into any fruit nursery to inspect or examine the fruit plants tharein; (b) to order the production of any account-book, register, record or other document relating to such nursery and take or cause to be taken extracts from, or copies of such document; (c) to ask all necessary questions and examine any person having control of, or employed in connection with such nursery. (2) The licensee and all persons employed in connection with tha nursery shall afford the competent authority or the authority or the authorised person all reasonable access and facilities for such inspection and examination as may be required for the purposes aforesaid and shall be bound to answer all questions to the best of their knowledge and belief, to produce documents in their possession and to furnish such other information in relation to the fruit nursery as may be required by such authority or person. 16. Penalties:- If any person - (a) cantravenes any of the provisions of this Act, or rule made thereunder, or (b) obstructs any officers or person or persons in the exercise of any powers conferred or in the performance of any duty imposed upon him under this Act, he shall, on conviction, be punished with imprisonment for a term which extend to one month or with fine which may extend to one thousand rupees or with both. 17. Offences by Companies :- (1) Where an offence under this Act has been commited by a Company; every person who, at the time of offence, was in charge of and was resposible to the company for the conduct of business of Ex-148/1992 - 8 - the Company, as well as the Company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly; Provided that nothing contained in this sub-section shall render any person sub-section shall ren- der any person liable to any punishment provided in this Act if he proves that the offence was committed without his knowledge or that he exercised all due deligence to prevent the commission of such offence. (2) Notwithstandiag anything contained in sub-section (1) where an offence under this Act has been committed by a Company and it is proved that the offence has been committed with the consent or connivance of or is attributable to any neglect on the part of any director, manager, secretary or other officer shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation:- For the purpose of this section- (a) “ company” means any body corporate, and includes a firm or order association of individu- als; (b) “director” in relation to a firm, means a partner in the firm. 18. Cognizance of offence :- No court shall take cognizance of any offence punishable under this Act except on the report in writing of the facts constituting such offence made by the competent authority or any officer authorised by the Government in this behalf. 19. Jurisdiction of Court:- No court inferior to that of a Magistrate of the first class shall try any offence punishable under this Act or rules made thereunder. 20. Officers and persons exercising powers under this Act to be public servants :- (1) All officers appointed under this Act and every person authorised to exercise any powers conferred or to pertorm any duties 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. (2) No suit, prosecution or other legal proceeding shall lie against the appropriate Govern- ment or any other or person for anything which is in good faith done or intended to be done in pursuance of this Act or any rules made thereunder. 21. Fowers to delegate : The State Government may, by notification in the official Gazette .direct that any powers or duty which by this Act or by any rule made thereunder is conferred or imposed on the appropriate authority except the powers to make rules shall in such circumstances and subject to such corditions, if - 9 - Ex-148/1992 any, as may be specified in the notification, be exercised or performed also by an officer or authority subordinate to the State Government. 22. Power to make rules :- (1) The Government may, by notification in the official Gazette make rules for carrying out the purpose of this Act. (2) Every rules made under this section shal1 be laid, as soon as may be after it is made before the Lagislative Assembly of Mizoram, while it is in session for a total period of seven days which may be comprised in one session or in two successive sessions; and if, before the expiry of the session in which it is so laid or the session immediately following, the Legislative Assembly of Mizoram, makes any modif ication in the rule or decide that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. Dr. H.C. Thanhranga, Secretary to the Govt. of Mizoram, Law, Judicial & Parliamentary Affairs Deptt. Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C-700