The Himachal PradeshFruit Nurseries Registration and Regulation Act, 2015

AUTHORITATIVE ENGLISH TEXT 
THE HIMACHAL PRADESH FRUIT NURSERIES 
REGISTRATION AND REGULATION ACT, 2015 
ARRANGEMENT OF SECTIONS 
Sections: 
1.  Short title and commencement. 
2.  Definitions. 
3.  Registration and licence. 
4.  Application for grant or renewal of licence. 
5.  Suspension or cancellation of licence. 
6.  Return of licence. 
7.  Issue of duplicate licence. 
8.  Appeal. 
9.  Revision. 
10.  Plant material to be utilized for propagation. 
11.  Record and its inspection. 
12.  Plants and trees to be kept free from pests and diseases. 
13.  Inspection of nurseries. 
14.  Packages and their labelling. 
15.  Maintenance of register. 
16.  Varieties to be propagated for sale. 
17.  Power of State Government to prohibit or regulate the 
bringing into and taking out of the State fruit plants. 
18.  Penalties. 
19.  Cognizance of offences. 
20.  Person exercising powers under this Act to be public servant. 
21.  Protection of persons acting in good faith. 
22.  Power to make rules. 
23.  Delegation of powers. 
24.  No compensation for suspension or cancellation of licence. 
25.  Repeal and savings. 
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2 THE HIMACHAL PRADESH FRUIT NURSERIES REGISTRATION AND 
REGULATION ACT, 2015 
THE HIMACHAL PRADESH FRUIT NURSERIES REGISTRATION 
ANDREGULATION ACT, 2015 
(ACT NO. 29 OF 2015)1 
(Received the assent of the Governor on the 6th November, 2015 and 
was published both in Hindi and English in the Rajpatra, Himachal Pradesh, 
dated 10th November, 2015, pp. 5255-5271). 
An Act to consolidate and re-enact a law providing for the registration 
and regulation of fruit nurseries (including bud wood bank and 
tissue culture lab) in Himachal Pradesh and for matters 
connected therewith or incidental thereto. 
BE it enacted by the Legislative Assembly of Himachal Pradesh in the 
Sixty-sixth Year ofthe Republic of India as follows:- 
1. Short title and commencement.- (1) This Act may be called the 
Himachal PradeshFruit Nurseries Registration and Regulation Act, 2015. 
(2) It shall come into force on such date as the State Government 
may, by notification, appoint. 
2. Definitions.- In this Act, unless there is anything repugnant in the 
subject or context,- 
(a)  “Appellate Authority” means the Director of Horticulture, 
Himachal Pradesh, appointed by the State Government; 
(b)  “bud wood bank” means earmarked progeny trees and fruit 
trees maintained for taking scion wood or any other propagule 
for further multiplication in the nursery; 
(c)  “competent authority” means an authority appointed by the 
State Government, by notification, to perform the functions 
under this Act; 
(d)  “designated agency” for the purpose of sections 10, 13 and 16 
means Dr. Y.S.Parmar University of Horticulture and 
Forestry, Nauni, Solan; 
(e)  “Director” means the Director of Horticulture, Himachal 
Pradesh; 
(f)  “hardened” means tissue culture raised plants adapted to 
outdoor conditions; 
(g)  “farmer’s variety” means a variety which has been cultivated 
and evolved by the farmer in his field; 
                                                        
1. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of Objects 
and Reasons see the Rajpatra, Himachal Pradesh, dated 4th September, 2015, pp. 
3465-3466 and 3474. 
THE HIMACHAL PRADESH. FRUIT NURSERIES REGISTRATION   3   
 AND REGULATION ACT, 2015  
(h)  “fruit nursery” means bud wood bank or propagation unit or 
tissue culture unit where plants are regularly propagated and 
sold for transplantation; 
(i)  “inspecting officer” means any officer authorized by the 
Director of Horticulture, Himachal Pradesh for the purpose of 
inspection of fruit nurseries; 
(j) “notification” means a notification issued by the State 
Government and published in the Official Gazette; 
(k)  “nurseryman” means any individual or agency engaged in the 
production and saleof plant material from the fruit nursery; 
(l)  “Official Gazette” means the Rajpatra, Himachal Pradesh; 
(m)  “plant material” or “propagule” means any propagation 
material used in raisingthe plant and includes bud wood or 
scions, rootstocks, cuttings and seed etc.; 
(n)  “prescribed” means prescribed by rules made under this Act; 
(o)  “rootstock” means the horticulture plant or part thereof on 
which any horticulture plant has been budded or grafted; 
(p)  “scion” or “bud wood” means the part of the plant which is 
used for grafting or budding a rootstock or a tree; 
(q) “State Government” means the Government of Himachal 
Pradesh; and 
(r)  “tissueculture” means propagation of identical clones from 
plant parts under aseptic conditions on culture medium in the 
laboratory. 
3. Registration and licence.- (1) No person who possesses a fruit 
nursery shall engage in the production and sale of nursery plants or plant 
material without getting himself or his firm registered with the competent 
authority and without obtaining a licence in the prescribed form. 
(2) Where a person has more than one bud wood bank or fruit nursery 
in different towns or villages within the State, he shall have to obtain a 
separate licence in respect of such bud woodbank or fruit nursery. 
(3) Bud wood bank and fruit nurseries either conventional or tissue 
culture raised shall have to be registered with the competent authority and a 
licence shall have to be obtained in the prescribed form. 
(4) No registered and licensed fruit nursery shall engage in the 
propagation of fruit crops except by using the plant material from the 
registered and licensed bud wood banks. 
4. Application for grant or renewal of licence.- (1) Every 
application for a licence under section 3 shall be made to the competent 
authority in the prescribed form. 
4 THE HIMACHAL PRADESH FRUIT NURSERIES REGISTRATION AND 
REGULATION ACT, 2015 
(2) 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 fruit 
plants in respect of which the licence has been applied for; 
(b)  the applicant has necessary infrastructure and facilities to 
conduct or establishany such fruit nursery or any tissue 
culture raised hardened plant material; 
(c)  the applicant fulfils any other conditions notified by the 
competent authority in this behalf; and 
(d)  the applicant has paid the fee prescribed for the licence and 
has also furnished the prescribed security, if any, 
it shall grant a licence to the applicant for conducting or establishing a 
bud wood bank and or fruit nursery in accordance with the terms and 
conditions of the licence and the provisions of this Act and the rules 
made thereunder. 
(3) Every licence granted under this section shall be valid for a period 
of five years from the date of its issue and it may be renewed from time to 
time on payment of such fee and in such manner and on fulfillment of such 
conditions as may be prescribed. 
(4) If the competent authority refuses to grant or renew a licence 
under this section, it shall give a reasonable opportunity of being heard and 
record its reasons for such refusal in writing and communicate a copy of the 
order to the applicant. 
5. Suspension or cancellation of licence.- (1) The competent 
authority may suspend orcancel any licence granted or renewed under section 
4 if, the licensee- 
(a)  has been adjudicated an insolvent; or 
(b)  has parted, in whole or in part, with his control over the bud 
wood bank or fruit nursery; or 
(c)  has ceased to conduct or possess such bud wood bank or fruit 
nursery; or 
(d)  in the opinion of such authority is not able to conduct or 
possess such bud wood bank or 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 
made thereunder; or 
(f) has refused to surrender or produce his licence or the registers 
and other record required to be maintained under this Act or 
the rules made thereunder to the competent authority or any 
person authorized by it. 
THE HIMACHAL PRADESH. FRUIT NURSERIES REGISTRATION   5   
 AND REGULATION ACT, 2015  
(2) Before passing an order under sub-section (1), the competent 
authority shall intimate tothe licensee the grounds on which it proposes to take 
action and give him a reasonable opportunity of being heard. 
(3) The competent authority may suspend the licence during pendency 
of action to betaken under sub-section (1). 
(4) A copy of every order passed under this section shall be 
communicated to the licensee. 
6. Return of licence.- (1) On the expiry of his licence or on the 
receipt of an order suspending or cancelling it, the licensee shall return the 
licence to the competent authority: 
Provided that such authority may, after such expiration, suspension or 
cancellation, givesuch reasonable time as it thinks fit to the nurseryman to 
enable him to wind up his fruit nursery. 
(2) If the nurseryman does not stop nursery production work within 
the stipulated period, the plant material produced in the fruit nursery or any 
hardened tissue culture raised plant material shall be destroyed by the 
inspecting officer at the cost of nurseryman and the expenditure soincurred 
shall be recovered from him as arrears of land revenue in addition to penalty 
under section 18 of the Act. 
7. Issue of duplicate licence.- If a licence granted or renewed under 
section 4 is lost, destroyed, mutilated or damaged, the competent authority 
shall, on application and payment of prescribed fee, issue a duplicate licence. 
8. Appeal.- (1) Any person aggrieved by an order of the competent 
authority, refusing the grant or renewal of licence under this Act may appeal 
to the Appellate Authority insuch form and in such manner and within such 
period as may be prescribed: 
Provided that the Appellate Authority may, admit an appeal after the 
expiry of prescribed period, if there are sufficient reasons for not filing the 
appeal within time. 
(2) The Appellate Authority may, after hearing the appellant, pass 
such orders on the appeal as it thinks fit. 
(3) An order passed under this section shall, subject to the provisions 
of section 9, be final. 
9. Revision.- (1) The State Government may, on the application of 
any person aggrievedby an order passed under this Act, at any time, for the 
purpose of satisfying itself as to the legality or propriety of such order, call for 
and examine the record of the case and may pass such orders thereon as it 
thinks fit: 
Provided that the State Government shall not exercise the powers 
under this section, inrespect of an order against which an appeal preferred 
under section 8 is pending or in case an appeal has not been preferred, before 
the expiry of the time limit thereof. 
6 THE HIMACHAL PRADESH FRUIT NURSERIES REGISTRATION AND 
REGULATION ACT, 2015 
(2) An order passed under this section shall be final. 
10. Plant material to be utilized for propagation.- (1) A registered 
nurseryman or firm of nurserymen shall utilize only such plant material in 
respect of scion and rootstock, as may be recommended from time to time by 
the designated agency. 
(2) A registered nurseryman or firm of nurserymen shall have and 
maintain bud wood bank of good pedigree fruit trees and their number should 
justify the plants propagated subject to the minimum limit of twenty-five trees 
per variety. 
(3) Every registered nurseryman or firm of nurserymen shall display a 
sign board in his nursery showing the following information:- 
(i)  Name of the Nursery; 
(ii)  License Number; and 
(iii)  Validity period. 
11. Record and its inspection.- A registered nurseryman shall 
maintain a complete record of the origin or source of the plant material and 
shall produce the record for inspection on demand by the Director or an 
inspecting officer. 
12. Plants and trees to be kept free from pests and diseases.- The 
nursery plot, tissueculture unit or bud wood bank used for the production of 
nursery plants and trees shall be kept free from such insects and diseases as 
may be prescribed. 
13. Inspection of nurseries.- (1) The inspecting officer may inspect 
the nurseries fromtime to time, to ensure that the nursery plots, tissue culture 
unit and bud wood bank used for the production of nursery plants are kept free 
from insects, pests and diseases. He may direct the nurseryman to send 
suspected plant samples for identification of pests to a designated agency 
aswell as to remove and destroy infected or infested plant material within the 
prescribed period. 
(2) The nurseryman  shall, on receipt of such direction in writing, 
send the suspected plant material to the designated agency for identification of 
pests and remove and destroy such plants or trees within the prescribed 
period, failing which the inspecting officer shall cause the same to be sent for 
identification of pests and removed and destroyed at the cost of the 
nurseryman and the expenditure so incurred shall be recovered from the 
nurseryman as a arrears of land revenue. 
(3) If the nurseryman fails to follow the directions given by the 
inspecting officer under sub-sections (1) and (2), he shall also be liable to be 
punished under section 18 of the Act. 
14. Packages and their labelling.- (1) The package or container 
containing the plant material shall bear the name and registration number of 
THE HIMACHAL PRADESH. FRUIT NURSERIES REGISTRATION   7   
 AND REGULATION ACT, 2015  
the nurseryman alongwith his seal and shall be distinctly labeled to designate 
the kind and variety sold. 
(2) In case the package or container contains plants of more than one 
kind or variety, each individual plant shall be labeled. 
(3) The name of rootstock and scion shall be mentioned on the label. 
15. Maintenance of register.- (1) Each nurseryman shall maintain a 
register in theprescribed form containing complete information regarding the 
plant material sold, name andcomplete address of the purchaser that may be 
verified by the inspecting officer. 
(2) The register shall be maintained by the nurseryman for at least ten 
years after the dateof the conclusion of the transaction. 
16. Varieties to be propagated for sale.- (1) The varieties 
propagated for sale must betrue to type and shall be those recommended or 
approved by the Department of Horticulture, Himachal Pradesh or designated 
agency. 
(2) If a certain variety or varieties imported or intended for 
propagation, the full particulars of such varieties shall be shown to and 
approved by the Director or an officer authorized by him in this behalf before 
sale of the variety in question. 
(3) No registered nurseryman or farmer shall utilize the propagating 
material of the farmer’s variety, evolved by the farmer at his own estate, if it 
has not been recommended by the designated agency and duly registered with 
the Registrar General under the Protection of Plant Variety and Farmers’ 
Rights Act, 2001. 
(4) If the nurseryman does not follow the directions given under sub-
sections(1), (2) or(3), he shall be liable to be punished under section 18 of the 
Act. 
(5) The seller shall produce original copy of nursery licence as and 
when asked by the inspecting officer. In case of suspicion, the inspecting 
officer may confiscate the plant material. 
17. Power of State Government to prohibit or regulate the 
bringing into and takingout of the State fruit plants.- (1) The State 
Government may, by notification, prohibit or regulate, subject to such 
restrictions and conditions as it may impose, the bringing into, or and taking 
out of the State, otherwise than across a customs frontier as defined by the 
Central Government, or transport within the State any plant material of 
unknown pedigree or affected by any infectious or contagious disease or pest 
as declared by the competent authority. 
(2) Whoever contravenes the provisions of sub-section (1), shall be 
liable to be punished under section 18 of the Act, and the inspecting officer 
may confiscate and destroy suspected plant material. For this purpose the 
inspecting officer may seek police assistance. 
8 THE HIMACHAL PRADESH FRUIT NURSERIES REGISTRATION AND 
REGULATION ACT, 2015 
18. Penalties.- (1) Whoever contravenes any of the provisions of this 
Act or any rules made thereunder, or attempts to contravene or abets the 
contravention of any such provision or rule,he shall, on conviction, be 
punished with imprisonment for a term which may extend to one year orwith 
fine which may extend to fifty thousand rupees or with both. 
(2) If the person committing an offence under this Act is a company, 
the company as well as every person in charge of, and responsible to the 
company for the conduct of its business at the time of the commission of the 
offence shall be deemed to be guilty of the offence, and shall beliable to be 
proceeded against and punished accordingly: 
Provided that nothing contained in this sub-section shall render any 
such person liable toany punishment if he proves that the offence was 
committed without his knowledge or that he exercised all due diligence to 
prevent the commission of such offence. 
(3) Notwithstanding anything contained in sub-section (2), 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 that the 
commission of the offence is attributable to any neglect on the part of any 
director, manager, secretary or other officer shall also be deemed to be guilty 
of that offence and shall be liable to be proceeded against and punished 
accordingly. 
(4) The State Government may authorise the competent authority to 
compound certain offences under the Act which may be notified by the State 
Government, subject to condition that compounding fee shall not be less than 
thirty thousand rupees. 
Explanation– for the purposes of this section- 
(a)  “company” means anybody corporate and includes a firm or 
other association of individuals; and 
(b) “Director” in relation to a firm, is a partner in the firm. 
19. Cognizance of offences.- (1) No court shall take cognizance of an 
offence punishable under this Act, except upon complaint in writing, made by 
the competent authority orany other officer authorized in this behalf by the 
competent authority, by general or special order or by a Police Officer not 
below the rank of Assistant-Sub-Inspector. 
(2) No Court subordinate to that of the Magistrate of 1st Class shall try 
any offence punishable under this Act. 
20. Person exercising powers under this Act to be public servant.- 
All persons exercising powers under this Act shall be deemed to be public 
servants within the meaning of section 21 of the Indian Penal Code (45 of 
1860). 
21. Protection of persons acting in good faith.- No suit, prosecution 
or other legal proceeding shall lie against the State Government or against any 
THE HIMACHAL PRADESH. FRUIT NURSERIES REGISTRATION   9   
 AND REGULATION ACT, 2015  
person for anything which is ingood faith done or intended to be done in 
pursuance of this Act or rules or orders made thereunder. 
22. Power to make rules.- (1) The State Government may, by 
notification, make rules to carry out the purposes of this Act. 
(2) In particular, and without prejudice to the generality of the 
foregoing power, such rules may provide for,– 
(a)  all matters expressly required or allowed by this Act to be 
prescribed; 
(b)  the condition to be inserted in licences to be granted to 
nurseryman and the form of such applications and licences; 
(c)  the procedure to be followed by competent authority in the 
exercise of its functions under this Act; 
(d)  the register, books of accounts and records to be maintained 
by licensees and the manner in which and the period for 
which they shall be maintained; 
(e)  the circumstances in which security may be required from 
licensees and thesecurity furnished by them may be forfeited 
and the manner in which any sum falling due as a result of 
such forfeiture may be recovered; 
(f) the efficient conduct for maintenance and development of the 
bud wood bank and/or the fruit nurseries; 
(g) the detection, inspection, certification, method of transport or 
destruction of horticulture plant material in respect of which a 
notification has been issued undersection 17 or any article 
which may have been in contact or proximity thereto and the 
regulation of the powers and duties of the officers who may 
be appointed in this behalf; 
(h)  the procedure to be followed in appeals/revisions under 
sections 8 and 9 and limitation thereof; 
(i)  to prescribe pests, diseases and insects of which the nursery 
plant materials are required to be kept free; and 
(j)  the procedure to be followed in conducting inspections of the 
nurseries and bud wood banks. 
(3) Every rule made under this Act shall be laid, as soon as may be 
after it is made, beforethe Legislative Assembly while it is in session, for a 
total period of not less than fourteen days which may be comprised in one 
session or in two or more successive sessions and if before the expiry of the 
session in which it is to be laid or the sessions aforesaid, the Assembly makes 
any modification in the rule or decides that the rule should not be made, the 
rule 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. 
10 THE HIMACHAL PRADESH FRUIT NURSERIES REGISTRATION AND 
REGULATION ACT, 2015 
23. Delegation of powers.- The State Government may, by 
notification in the Official Gazette, delegate to any officer or authority 
subordinate to it all or any of its powers under this Act, except the power to 
make rules. 
24. No compensation for suspension or cancellation of licence.- 
Where any licence is suspended or cancelled under this Act, the licensee shall 
not be entitled to any compensation thereof, nor shall he be entitled to the 
refund of any fee paid by him for the licence. 
25. Repeal and savings.- The Himachal Pradesh Fruit Nurseries 
Registration Act, 1973is hereby repealed: 
Provided that anything done or any action taken (including any 
licence issued, nursery registered, notification, order or direction issued, any 
rules made, proceedings commenced orcontinued) under the Act so repealed 
shall be deemed to have been issued, done or taken under the corresponding 
provisions of this Act. 
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