The West Bengal Horticultural Nurseries ( Regulation ) Act, 2001
west-bengal · 2001
The scanned source for this Act is imperfect — headings or section boundaries may be off. Verify against the official source.
- S. 1(1) This Act may be called the West Bengal Horticultural Nurseries (Regulation) Act, 2001
- S. 2In this Act, unless the context otherwise requires,— Definitions
- S. 3Section 3 prohibits establishing or conducting horticultural nurseries without registration and licensing, and mandates proper labeling of plant materials.
- S. 4Section 4 allows the State Government to appoint a horticultural officer as the competent authority and define their operational area under the Act.
- S. 5Section 5 specifies the application process, form, and fee for registration and licensing under the Act.
- S. 6Section 6 grants licences for horticultural nurseries under specified conditions and outlines renewal and refusal procedures.
- S. 7Section 7 mandates licensed horticultural nurseries to maintain detailed records, use approved plant materials, and keep nursery plots pest-free.
- S. 8Section 8 allows the competent authority to suspend or cancel horticultural nursery licenses for various reasons, including insolvency or non-compliance.
- S. 9Section 9 mandates that a nurseryman must return their license upon its expiration or cancellation, with the authority allowing a grace period to wind up operations.
- S. 10Section 10 allows the issuance of a duplicate horticultural nursery license upon application and fee payment if the original is lost, destroyed, mutilated, or damaged.
- S. 11Section 11 allows appeals against certain orders within 30 days, with possible extensions, and the appellate authority's decision is final.
- S. 12The State Government can review nursery regulation orders if challenged within 90 days, but not if an appeal is pending.
- S. 13Section 13 authorizes inspections of nurseries and mandates removal of unfit plant material for quality control.
- S. 14Section mandates distinct labelling of plant packages to specify plant kinds, varieties, root-stocks, and scions.
- S. 15The section allows the State Government to ban or control the import, export, or transport of unknown or diseased horticultural plants in West Bengal.
- S. 16(1) If any person contravenes, or attempts to contravene, or abets Penalties
- S. 17Section 17 holds company officers liable for offenses committed by the company, unless they prove lack of knowledge or due diligence.
- S. 18Section 18 specifies that only the competent authority or an authorized officer can file a complaint for offenses under this Act.
- S. 19The State Government can delegate its powers under the Act to any subordinate officer or authority, except the power to make rules.
- S. 20Section 20 states that a nurseryman loses compensation and fee refund rights if their license is suspended or cancelled.
- S. 21Section 21 deems authorized officials under the Act as public servants under the Indian Penal Code.
- S. 22Section protects state officials and authorized persons from legal action for actions taken in good faith under the Act.
- S. 23The State Government may, by notification, make rules for Power to make rules