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The Goa Fruit and Ornamental Plant Nurseries (Regulation) Act, 1995
The Goa Fruit and Ornamental Plant Nurseries (Regulation) Act, 1995
Sections
1. Short title and commencement.
Section 12. Definitions.
Section 23. Appointment of competent authorities.
Section 34. Owner of every nursery to obtain licence.
Section 45. Application for grant of licence.
Section 56. Duties of licence holder.
Section 67. Only licenced plants material to be utilised for propagation.
Section 78. Power of Government to regulate or prohibit import, export or transport of certain fruit and ornamental plants.
Section 89. Power to cancel or suspend licence.
Section 910. Return of licence.
Section 1011. Issue of duplicate licence.
Section 1112. Appeals.
Section 1213. Revision.
Section 1314. Powers of entry and inspection of nurseries.
Section 1415. Penalties.
Section 1516. Offences by companies.
Section 1617. Cognizance of offence.
Section 1718. Jurisdiction of Court.
Section 1819. Officers and persons exercising powers under this Act to be public servants.
Section 1920. Powers to delegate.
Section 2021. Power to make rules.
Section 21
the-goa-fruit-and-ornamental-plant-nurseries-regulation-act-1995.json
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21 Sections
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Goa
{
"id": 16397,
"slug": "the-goa-fruit-and-ornamental-plant-nurseries-regulation-act-1995",
"title": "The Goa Fruit and Ornamental Plant Nurseries (Regulation) Act, 1995",
"short_title": "The Goa Fruit and Ornamental Plant Nurseries (Regulation) Act, 1995",
"act_number": "(Goa Act 13 of 1997)",
"act_year": 1995,
"act_type": "STATE",
"location": "Goa",
"law_status": "unknown",
"enactment_date": null,
"description": "The Goa Fruit and Ornamental Plant Nurseries (Regulation) Act, 1995",
"preamble": "",
"section_label": "Section",
"sections": [
{
"number": "1",
"title": "1. Short title and commencement.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 0
},
{
"number": "2",
"title": "2. Definitions.",
"chapter": null,
"content": "(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 section-12;\n(b) \"Competent authority\" means a person or authority appointed under section 3 of the Act;\n(c) \"Director\" means the Director of Agriculture of the Government;\n(d) \"Government\" means the Government of Goa;\n(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;\n(f) \"Notification\" means a notification published in the Officia1 Gazette;\n(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;\n(h) \"Nursery-man\" means any person engaged in the production and sale of fruit and ornamental plants;\n(i) \"Official Gazette\" means the Official Gazette of the Government;\n(j) \"Plant material\" means any propagation material used in raising the plant and includes budwood, scion, rootstock, seed and cutting;\n(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;\n(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;\n(m) \"Prescribed\" means prescribed by rules made under this Act;\n(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;\n(o) \"Scion\" means a portion of a fruit and ornamental plant which is grafted or budded on to a rootstock.",
"footnote": "",
"is_definition": true,
"sort_order": 1
},
{
"number": "3",
"title": "3. Appointment of competent authorities.",
"chapter": null,
"content": "(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\n(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.",
"footnote": "",
"is_definition": false,
"sort_order": 2
},
{
"number": "4",
"title": "4. Owner of every nursery to obtain licence.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 3
},
{
"number": "5",
"title": "5. Application for grant of licence.",
"chapter": null,
"content": "(a) that the fruit and ornamental plant nursery is suitable for proper propagation of fruit and ornamental plants in respect of which licence has been applied for;\n(b) that the applicant is competent to conduct or establish any such fruit and ornamental plant nursery;\n(c) that the applicant fulfils all other conditions as may be prescribed;\n(d) that the applicant has paid the fee prescribed for the licence and has also furnished the prescribed security deposit, if any, shall grant the licence in the prescribed form.",
"footnote": "",
"is_definition": false,
"sort_order": 4
},
{
"number": "6",
"title": "6. Duties of licence holder.",
"chapter": null,
"content": "(a) undertake to multiply only such varieties of the fruit and ornamental plants specified in the licence in respect of scion or rootstock, for propagation and sale as may be directed by the competent authority;\n(b) keep a complete record of the origin or source of every rootstock and every scion showing:\n(i) the botanical name, together with the local name, if any, of the rootstock used;\n(ii) the botanical name, together with the local name, if any, of the scion used in raising the fruit and ornamental plants;\n(c) keep a layout plan showing the position of every rootstock and scion tree employed in raising the fruit and ornamental plants;\n(d) keep the nursery plots as well as the parent trees used for the propagation of fruit and ornamental plants free from insects, pests or plant diseases;\n(e) undertake to prepare the fruit and ornamental plants in such manner as may be directed by the competent authority;\n(f) display in a conspicuous manner on a label the name of every variety of fruit and ornamental plant enclosed in any package intended for sale, its age as determined in the prescribed manner and the name of the rootstock together with that of scion of every such plant;\n(g) maintain a register in the prescribed form showing the name of the fruit and ornamental plant sold to any person, its age, the name of the rootstock and scion budwood and the name and address of the person purchasing it, and shall produce the record for inspection on demand by Director or Inspecting Officer;\n(h) preserve the register for at least five years after the date of conclusion of the sale of the fruit and ornamental plants;\n(i) undertake to release for sale or distribution only such fruit and ornamental plants which are completely free from any kind of insect, pests or plant disease; and\n(j) keep the plant as well as the progeny tree used for the production of nursery plants free from such insects, pests or diseases as may be prescribed.",
"footnote": "",
"is_definition": false,
"sort_order": 5
},
{
"number": "7",
"title": "7. Only licenced plants material to be utilised for propagation.",
"chapter": null,
"content": "(b) the scion variety and rootstock to be propagated in the nursery shall be those which are approved by the Horticulture Department or Agriculture Department of the Government, from time to time;\n(c) the vegetatively propagated plant material shall be in direct proportion to the availability of rootstock (vegetative propagation, if any) and scion wood with the nursery-man;\n(d) the nursery-man shall maintain a map showing the details of the fields or beds and the kind of varieties of plants in each bed including that of seedlings as well as budded and grafted plant materials;\n(e) the nursery-man shall maintain a register in the prescribed form wherein the performance of the progeny trees shall be recorded;\n(f) the competent authority may declare mother trees as unfit for use, if it is satisfied that use of such a tree material shall not be in the interest of fruit and ornamental plant industry on account of the following reasons -\n(i) poor quality of fruits and ornamental plant;\n(ii) poor fruit and ornamental plant bearing capacity;\n(iii) infected with insects, pests and diseases which cannot be cured;\n(iv) any other reason which may be considered fit by the competent authority in the interest of fruit and ornamental plant industry.\n(g) The nursery-man shall quarantine such trees and shall not use their budwood for further propagation and should there be a danger of the spread of the insect, pest or diseases to other nurseries and nursery plants, these trees may be ordered to be destroyed by the competent authority and the nursery-man shall carry out these orders accordingly. Such orders shall also apply to the supply of plant material.",
"footnote": "",
"is_definition": false,
"sort_order": 6
},
{
"number": "8",
"title": "8. Power of Government to regulate or prohibit import, export or transport of certain fruit and ornamental plants.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 7
},
{
"number": "9",
"title": "9. Power to cancel or suspend licence.",
"chapter": null,
"content": "(a) that he has parted, in whole or in part, with his control over the fruit and ornamental nursery, or has otherwise ceased to conduct or hold such fruit and ornamental nursery; or\n(b) that where the maximum rate or price for the notified species of any fruit and ornamental plants has been fixed by the Government by notification, he has sold any such fruit and ornamental plant at a higher rate or price; or\n(c) that he has, without reasonable cause, failed to comply with any of the terms and conditions, of the licence or any directions lawfully given by the competent authority or has contravened any of the provisions of this Act or the rules made thereunder; or\n(d) if, the licensee has applied to be adjudicated or has been adjudicated an insolvent; or\n(e) if in the opinion of the competent authority, that he has become incompetent to conduct or possess such fruit and ornamental plant nursery; or\n(f) if he has refused to surrender or produce his licence or the registers and other records required to be maintained under this Act or the rules made thereunder, to the competent authority or any person authorised by it; or\n(g) any other prescribed grounds.",
"footnote": "",
"is_definition": false,
"sort_order": 8
},
{
"number": "10",
"title": "10. Return of licence.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 9
},
{
"number": "11",
"title": "11. Issue of duplicate licence.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 10
},
{
"number": "12",
"title": "12. Appeals.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 11
},
{
"number": "13",
"title": "13. Revision.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 12
},
{
"number": "14",
"title": "14. Powers of entry and inspection of nurseries.",
"chapter": null,
"content": "(a) to enter into any nursery and to inspect or examine the fruit and ornamental plants therein;\n(b) to order the production of any account book, register, records or other documents, relating to such nursery and take or cause to be taken extracts from or copies of such documents;\n(c) to ask all necessary questions and examine any person having control of, or employed in connection with, such nursery.",
"footnote": "",
"is_definition": false,
"sort_order": 13
},
{
"number": "15",
"title": "15. Penalties.",
"chapter": null,
"content": "(a) contravenes any of the provisions of this Act, or of any rule made thereunder, the contravention of which is made punishable under this section; or\n(b) obstructs any officer or person in the exercise of any powers conferred or in the performance of any duty imposed upon him by or under this Act, he shall on conviction, be punished with fine which may extend to one thousand rupees, or imprisonment for a term which may extend to one month, or with both.",
"footnote": "",
"is_definition": false,
"sort_order": 14
},
{
"number": "16",
"title": "16. Offences by companies.",
"chapter": null,
"content": "Explanation.\n(a) 'Company' means any body corporate and includes a firm or other association of individuals;\n(b) 'director' in relation to a firm, means a partner in the firm.",
"footnote": "",
"is_definition": false,
"sort_order": 15
},
{
"number": "17",
"title": "17. Cognizance of offence.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 16
},
{
"number": "18",
"title": "18. Jurisdiction of Court.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 17
},
{
"number": "19",
"title": "19. Officers and persons exercising powers under this Act to be public servants.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 18
},
{
"number": "20",
"title": "20. Powers to delegate.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 19
},
{
"number": "21",
"title": "21. Power to make rules.",
"chapter": null,
"content": "(a) the form in which and manner of making application for licence;\n(b) the fee and security deposit for the grant of licences and renewal thereof the period for which the conditions subject to which and the form in which licence may be granted under section 5;\n(c) the grounds, the contravention of which by the licensee, shall entail suspension or cancellation of the licence under section 9;\n(d) the manner of determination of age of fruit and ornamental plants kept for sale;\n(e) maintenance of register;\n(f) specifying the names of insects, pests, and diseases from which progeny trees, are to be kept free from;\n(g) the fee payable in respect of duplicate licence under section 11;\n(h) the form and manner in which the period within which an appeal may be made under section 12, and the procedure to be followed by the appellant authority in disposing of the appeal; and\n(i) any other matter which is to be or may be prescribed.",
"footnote": "",
"is_definition": false,
"sort_order": 20
}
],
"metadata": {
"Act ID": "goa134",
"Act Number": "(Goa Act 13 of 1997)",
"Enactment Date": "",
"Act Year": "1995",
"Short Title": "The Goa Fruit and Ornamental Plant Nurseries (Regulation) Act, 1995",
"Type": "STATE",
"Location": "Goa"
},
"updated_at": "2026-09-29 21:55:19"
}