LexThe Punjab Fruit Nursery Act
Punjab · state statute
Open in Lexace · Ask the AI about this actGOVERNMENT OF PUNJAB
DEPARTMENT OF LEGAL AND LEGISLATIVE AFFAIRS
THE PUNJAB HORTICULTURE NURSERIES ACT, 1961
(PUNJAB ACT 13 OF 1961)
(As amended upto the 31st May, 2025)
2025
THE PUNJAB HORTICULTURE NURSERIES ACT, 1961
Section CONTENTS
1. Short title, extent and commencement.
2. Definitions.
3. Owner to obtain licence.
4. Application for, and grant and refusal of, licence.
5. Suspension or cancellation of licence.
6. Return of licence.
7. Duplicates.
8. Duties of licensee.
9. Appeals.
10. Revision.
11. Powers of inspection.
12. Power of State Government to prohibit or regulate the bringing
into or taking out of the State fruit plants.
13. Penalty
14. Cognizance of offences, etc.
15. Persons exercising powers under this Act to be public servants.
16. No compensation for suspension or cancellation of licences.
17. Protection of persons acting in good faith.
18. Delegation of powers.
19. Power to make rules.
1The Punjab 2[Horticulture] Nurseries Act, 1961
1 For statement of Objects and Reasons, see Punjab Government Gazette (Extraordinary)
,1960, Page 1955
2 Substituted for the word “fruit” by Punjab Act No.7 of 2022, Section 2
(Punjab Act No. 13 of 1961)
[Received the assent of the Governor of Punjab on the 28th
March, 1961, and was first published for general information in
the Punjab Government Gazette (Extraordinary), Legislative
Supplement, dated the 1st April, 1961.]
1 2 3 4
YEAR NO Short Title Whether repealed or
otherwise affected by
the legislation
1961 13 THE PUNJAB
HORTICULTURE
NURSERIES
ACT, 1961
1Amended by Punjab
Act No. 25 of 1964
Amended by Punjab Act
No. 7 of 2022
An Act to provide for the regulation and licensing of
2[Horticulture] Nurseries in the State of Punjab.
Be it enacted by the Legislature of the State of Punjab in the
Twelfth Years of the Republic of India as follows: -
1. (1) This Act may be called the Punjab Horticulture
Nurseries Act, 1961.
(2) It extends to the whole of the State of Punjab.
(3) It shall come into force on such date as the State
Government may, by notification in the Official Gazette, appoint.
2. In this Act, unless the context otherwise requires, -
(a) "competent authority" means a person or authority
appointed by the State Government, by notification in
the Official Gazette, to perform the functions of the
competent authority under this Act for such area as
may be specified in the notification;
3 [(b) "export" means taking the plant material out of the
State or out of India by land, sea or air;
1 For statement of Objects and Reasons, see Punjab Government Gazette
(Extraordinary),1964, Page 935-37
2 Substituted for the word “fruit” by Punjab Act No.7 of 2022, Section 3
3 Substituted by the Punjab Act No. 7 of 2022, Section 4
Short title,
extent and
commencement
.
Definitions
(c) "horticulture crops" means the crops (as specified in the list
provided in the rules) which are in the regular course of
business are vegetatively propagated and sold for
transplantation;
(ca) “horticulture nursery” means any place, where horticulture
crops are in the regular course of business are vegetatively
propagated and sold for transplantation. Any person who is
not the owner of land, may establish horticulture nursery, if
he takes land on lease for a minimum period of ten years;
(cb) “horticulture plant” means the plant belonging to any of the
categories as per list provided in the rules and as the
Government may, by notification, declare to be a such plant;
(cc) “import” means bringing the plant material from the outside
the State or from other countries for further propagation;
(cd) “Inspecting Officer” means any officer not below the rank of
Horticulture Development Officer;
(ce) “kind” means one or more related species or sub-species of
crop plants each individually or collectively known by one
common name such as mango, tomato, etc;
(cf) “notification” means a notification published in the Official
Gazette of the Punjab and the word ‘notified’ shall be
construed accordingly;
(cg) “nursery person” means any person engaged in the
production or sale of horticulture plants;]
(d) "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, such manager, managing director or managing agent
shall be deemed to be the owner;
1[(da) “plant material” means any propagation material used in
raising the plants and includes bud wood, scion, root-stock,
vegetatively propagated (cuttings, suckers, runners etc.);]
(e) "prescribed" means prescribed by rules made under this Act;
2[(f) "rootstock" means a horticulture plant or part or tissue
culture based plant (e.g. Papaya, Strawberry and Banana)
1 Inserted by the Punjab Act No. 7 of 2022, Section 4
2 Substituted by the Punjab Act No. 7 of 2022, Section 4
thereof, on which any horticulture plant has been grafted or
budded;
(fa) “sale” means a sale of plant made within the State or outside
the State for cash or other valuable consideration; and]
(g) "Scion" means a 1[horticulture] plant which is grafted or
budded on to a root stock.
3. No owner shall, after the expiry of six months from the date
appointed under sub-section (3) of section 1, conduct or establish a
2[horticulture] nursery unless he has obtained a licence under this
Act:
3 [Provided that the Government, may. by notification,
appoint such persons, being Gazetted Officers of the Government,
as it thinks fit, to be competent officer for the purpose of this Act,
specify the limits within which the competent officer shall exercise
the powers conferred and perform the functions imposed on such
authority by or under this Act. Subject to the provisions of this Act
and the rules made thereunder, the competent authority or officer
may issue such instructions as may be necessary to the licenced
owners for creation of basic infrastructure facilities required such
as mother block of required variety, root stock, green house, poly
house, net house, provision for solarization of media for the proper
propagation of horticulture plants and for ensuring their quality.]
Explanation - Where an owner has more than one 4[horticulture]
nursery in different towns and villages, he shall obtain a separate
licence in respect of each such 5[horticulture] nursery.
1 Substituted for the “fruit” by Punjab Act No.7 of 2022, Section 4
2 Substituted for the “fruit” by Punjab Act No.7 of 2022, Section 5
3 Added by the Punjab Act No. 7 of 2022, Section 5
4 Substituted for the “fruit” by Punjab Act No.7 of 2022, Section 5
5 Substituted for the “fruit” by Punjab Act No.7 of 2022, Section 5
Owner to
obtain
licence.
Application for,
and grant and
refusal of,
licence.
4. (1) Every application for a licence under section 3 shall be
made to the competent authority and shall be in the prescribed
form.
1[(1A) In case of death of the licensee, if there is any
nominee, then, the licence may be transferred in his name within a
period of six months from the date of death of the licensee,
otherwise, the licence will be deemed to be expired: Provided that
if the nurseries owned by State Government or the Central
Government or corporate bodies of the State and Central
Government are exempted from the payment of registration fee or
renewal fee, then they shall get registration under this Act. All the
nurseries growing horticulture plants should be registered once in a
lifetime, but the license of the nursery will be renewed after every
three years. However, the licence will be issued only for those
plants which are mentioned in the list attached in the rules.]
(2) Subject to such conditions and restrictions as may be
prescribed, if the competent authority is satisfied that-
(a) the 2[horticulture] nursery is suitable for the proper
propagation of the 3[horticulture] plant or
4[horticulture] plants in respect of which the licence
has been applied for;
5[(aa) the soil should be tested free of soil borne pathogens
from a recognized laboratory which means diagnostic
laboratory of the Department of Plant Pathology,
Punjab Agriculture University, Ludhiana or any other
laboratory recognized by the competent authority;]
(b) the applicant is competent to conduct or establish such
a 6[horticulture] nursery;
7[(ba) either owner or his regular employee should be trained
in nursery production/management for production of
disease-free horticulture plants. The existing
horticulture nurseries shall be given one year time to
fulfill this condition;]
1 Inserted by the Punjab Act No. 7 of 2022, Section 6
2 Substituted for the word “fruit” by Punjab Act No.7 of 2022, Section 6
3 Substituted for the word “fruit” by Punjab Act No.7 of 2022, Section 6
4 Substituted for the word “fruit” by Punjab Act No.7 of 2022, Section 6
5 Inserted by Punjab Act No.7 of 2022, Section 6
6 Substituted for the word “fruit” by Punjab Act No.7 of 2022, Section 6
7 Inserted by Punjab Act No.7 of 2022, Section 6
(c) he 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,
such authority may grant a licence to the applicant for conducting
or establishing a 1[horticulture] nursery in accordance with the
terms of the licence and the provisions of this Act and the rules
thereunder.
(3) Every licence granted under this section shall be valid for
the prescribed period and may, on application and payment of the
prescribed fee, be renewed, from time to time by the competent
authority and for the prescribed period, provided the other
conditions in sub-section (2) continue to be fulfilled.
(4) If the competent authority refuses to grant or renew a licence
under this section, it shall record its reasons for such refusal in
writing and communicate a copy of its order 2[to the applicant after
giving a reasonable opportunity of being heard to the applicant.]
5. (1) The competent authority may suspend or cancel any
licence granted or renewed under section 4 -
(a) if the licensee has applied to be adjudicated, or been
adjudicated an insolvent, or
(b) if he has parted, in whole or in part, with his control
over the 3[horticulture] nursery, or
(c) if he has ceased to conduct or possess such
4[horticulture] nursery, or
(d) if in opinion of such authority, he has become
incompetent to conduct or possess such 5[horticulture]
nursery, or
(e) if he 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 thereunder, or
(f) on any other prescribed ground.
1 Substituted for the word “fruit” by Punjab Act No.7 of 2022, Section 6
2 Substituted for the words and sign “to the applicant.” by Punjab Act No.7 of 2022, Section 6
3 Substituted for the word “fruit” by Punjab Act No.7 of 2022, Section 7
4 Substituted for the word “fruit” by Punjab Act No.7 of 2022, Section 7
5 Substituted for the word “fruit” by Punjab Act No.7 of 2022, Section 7
Suspension or
cancellation of
licence.
1[(1A) The suspension or cancellation of the licence should be
displayed on display board in the horticulture nursery.]
(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 take action 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).
2[(3A) The competent authority may suspend or cancel the license
of the horticulture nursery, if the owner does not deposit the
inspection fee or fails to inform the inspection officer/authority
after due compliance within the period of seven working days of
the deposit of the fee to conduct inspection. Such officer or
authority shall inspect the horticulture nursery within fifteen
working days after receiving the information, otherwise, the
horticulture nursery will be deemed to be inspected.]
(4) A copy of every order passed under sub-section (1) or sub-
section (3) shall be communicated to the licensee.
3[(4A) The competent authority should ensure that the status of
the licence is displayed on display board in the horticulture
nursery.]
6. 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, give such reasonable time as it thinks
fit to the owner to enable him to wind up his 4[horticulture
nursery:]
5[Provided further that such authority will give winding up
period of not exceeding one year to the owner to enable him to
wind up the nursery:
1 Inserted by Punjab Act No.7 of 2022, Section 7
2 Inserted by Punjab Act No.7 of 2022, Section 7
3 Added by Punjab Act No.7 of 2022, Section 7
4 Substituted for the words and sign “fruit nursery.” by Punjab Act No.7 of 2022, Section 8
5 Added by Punjab Act No.8 of 2022, Section 8
Return of
licence.
Provided further that in case the licence is cancelled or
suspended, the plants shall be destroyed by the competent authority
or any other person authorized by him but not below the rank of
Horticulture Development Officer. The competent authority shall
order the licensee to uproot the rootstock seedlings and the grafted
plants or cultivars and on his refusal to do so, shall engage the
manual labour or tractor to uproot or plough the field of the
licensee.]
7. If a licence granted to an owner if lost, destroyed, mutilated
or damaged, the competent authority shall, on application and
payment of the prescribed fee, issue a duplicate licence.
8. Every licensee under this Act shall -
(1) undertake to employ only such varieties of the
1[planting material as per list provided in the rules] in respect of
scion and rootstock, for propagation and sale;
2[(1A) the licensee should have rootstock and scion
mother block of his own or acquire it from Department of
Horticulture, or Punjab Agriculture University, Ludhiana, on
payment basis subject to availability. The mother block for bud
wood (scion) should be maintained in screen house, the
specifications for which may be provided by the competent
authority. If the licensee wants to operate a second unit, he can use
mother plants of rootstock as well as scion shown in the existing
licence;]
(2) keep a complete record of the origin or source of
every rootstock and every scion showing the local name or
botanical name or both, of the rootstocks and the scion used;
3[(2A) get the certification and traceability from
Horticulture Certification Agency (as per provision in section 8 of
The Seeds Act, 1966). If any nursery person wants to export the
planting material, he has to follow the instructions issued by
Horticulture Certification Agency from time to time;]
1 Substituted for the words “fruit plant as may be specified in the licence” by Punjab Act No.7
of 2022, Section 9
2 Inserted by Punjab Act No.7 of 2022, Section 9
3 Inserted by Punjab Act No.7 of 2022, Section 9
Duplicates.
Duties of
licensee.
(3) keep the lay-out plan showing the position of every
rootstock and scion tree employed in raising 1[horticulture] plants;
(4) keep the nursery plots as well as the parent trees used
for the propagation of 2[horticulture] plants free from insect, pests
and diseases;
3[(4A) maintain the quality standards as prescribed by
Department of Horticulture, National Horticulture Board or
Government of India and should be tested negative for
transmissible diseases after every year from the laboratories
designated by the competent authority. In case the plant material
found infected, it should be destroyed;]
(5) specify in a conspicuous manner on a label the name
of every kind and variety of 4[horticulture] plant enclosed in any
package intended for sale and the name of the rootstock together
with that of the scion of every such fruit plant;
5[(5A) the licensee shall provide specified number of tags
prescribed by competent authority for stamp and signature of
competent authority or person authorized by him and no
horticulture plant shall be sold without such tag. The tag should
carry the names of rootstock and scion variety of the horticulture
plant;]
(6) undertake to release for sale or distribution only such
6[horticulture] plants as are completely free from and kind of
insect, pest or disease 7[as per traceability norms;]
(7) maintain a register in the form specified by the
competent authority showing the name of the fruit plant sold to any
person, the name of the rootstock and the name and address of the
person 8[purchasing it;]
9[(8) shall produce the record for inspection on demand by
the director or inspecting officer, every licensee should have
rootstock and scion mother block of known pedigree of his own or
acquire it from Department of Horticulture or Punjab Agriculture
1 Substituted for the word “fruit” by Punjab Act No.7 of 2022, Section 9
2 Substituted for the word “fruit” by Punjab Act No.7 of 2022, Section 9
3 Inserted by Punjab Act No.7 of 2022, Section 9
4 Substituted for the word “fruit” by Punjab Act No.7 of 2022, Section 9
5 Inserted by Punjab Act No.7 of 2022, Section 9
6 Substituted for the word “fruit” by Punjab Act No.7 of 2022, Section 9
7 Substituted for the sign and word “; and” by Punjab Act No.7 of 2022, Section 9
8 Substituted for the words and sign “purchasing it.” By Punjab Act No.7 of 2022, Section 9
9 Added by Punjab Act No.7 of 2022, Section 9
University or State Agriculture University of any other state or any
Indian Council of Agricultural Research Institutions on payment
basis subject to availability and the mother block for bud wood
(scion) should be maintained in screen house as per the
specifications provided by the competent authority. All rootstock
scion shall be taken from accredited nursery, Department of
Horticulture and Punjab Agricultural University only. Every
licensee, to meet the provisions of sub-section (6) of this section,
shall deposit the prescribed fee fixed by competent authority and
shall inform the inspection officer or authority within the period of
seven working days of depositing the fee for getting the quarterly
as well as final inspection done.
(9) In every horticulture nursery, the owner should have a
display board of prescribed size, colour and location as decided by
competent authority displaying the following information with the
paint on left half side of the display board: -
(i) Name of nursery;
(ii) License number;
(iii) Validity period;
(iv) Source of plant material; and
(v) Kind of plant material.
(10) The lower right half part of the display board shall be
used for giving any important information to the farmers provided
by the Department of Horticulture regarding the nursery plants. ]
9. (1) Any person aggrieved by an order of a competent
authority refusing to grant or renew a licence under this Act may
appeal in such form and manner, within such period and to such
authority as may be prescribed:
Provided that the appellate authority may admit an appeal
after the prescribed period, if sufficient cause is shown.
(2) The appellate authority may, after hearing the
appellant, pass such orders on the appeal as it thinks f it.
(3) An order passed under this section shall, subject to the
provisions of section 10, be final.
10. (1) The State Government may, on the application of any
person aggrieved by an order passed under this Act, at any time, for
the purpose of satisfying itself as to the legality or propriety of
Appeals.
Revision.
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
power under this section, in respect of an order against which an
appeal preferred under section 9 is pending or in case an appeal has
not been preferred, before the expiry of the time-limit therefor.
(2) An order passed under this section shall be final.
11. (1) The competent authority or any person not below the
rank of an 1[Horticulture Development Officer], authorised by it in
this behalf may, at all reasonable hours and with or without
assistants, enter any fruit nursery and inspect or examine the fruit
plants therein, and the registers, books of accounts and records
relating thereto, for the purpose of satisfying itself or himself that
the requirements of this Act and the rules thereunder are being
complied with.
(2) The licensee shall afford the competent authority or
the person authorised by it all reasonable access and facilities for
such inspection and examination as may be required for the
purpose aforesaid and shall be bound to furnish such information
relating to the 2[horticulture] nursery as may be required by such
authority or person.
12. The State Government may, by notification in the Official
Gazette, prohibit or regulate, subject to such restrictions and
conditions as it may impose, the bringing into, or taking out of the
State, otherwise than across a customs frontier as defined by the
Central Government, or the transport within the State, o f any fruit
plant of unknown pedigree or affected by any infectious or
contagious disease or pest.3[Nobody can bring horticulture plants
from outside the state without obtaining the Phytosanitary
Certificate issued by the designated authority of the State of Punjab
as notified by the Plant Protection Adviser to Government of India,
Directorate of Plant Protection Quarantine and Storage, Faridabad .]
13. (1) If any person contravenes any of the provisions of this
Act or any rule made thereunder contravention of which is made
1 Substituted for the words “Agriculture Inspector” by Punjab Act No.7 of 2022, Section 10
2 Substituted for the word “fruit” by Punjab Act No.7 of 2022, Section 10
3 Added by Punjab Act No.7 of 2022, Section 11
Powers of
inspection.
Power of State
Government to
prohibit or
regulate the
bringing into or
taking out of the
State fruit
plants.
Penalty.
punishable under this section or attempts to contravene or abets the
contravention of any such provision, rule, he shall be punishable
with fine which may extend to 1[fifty thousand rupees in the form
of damage report.
This amount shall be submitted to the Horticulture
Certification Agency.]
(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 th e
time of the commission of the offence shall be deemed to be guilty
of the offence, and shall be liable to be proceeded against and
punished accordingly.
2[******]
(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 of the company, such 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.
Explanation - For the purposes of this section -
(a) "company" means any body corporate and includes a firm or
other association of individuals; and
(b) "director", in relation to a firm, is a partner in the firm.
14. (1) No Court shall take cognizance of an offence
punishable under this Act except upon complaint in writing made
by the competent authority or any officer authorised in this behalf
by the competent authority by general or special order.
1 Substituted by Punjab Act No.7 of 2022, Section 12
2 Omitted by Punjab Act No.7 of 2022, Section 12
Cognizance of
offences etc.
(2) No Court inferior to that of a 1[Judicial Magistrate] of
first class shall try any offence punishable under this Act.
15. 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.
16. Where any licence is suspended or cancelled under this Act,
the licensee shall not be entitled to any compensation therefor, nor
shall he be entitled to the refund of any fee paid by him for the
licence. 2[The new nursery licence shall not be issued for the
period of the next ten years.]
17. No suit, prosecution or other legal proceeding shall lie
against the State Government or against any person for anything
which is in good faith done or intended to be done in pursuance of
this Act or any rule or order made thereunder.
18. 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 powers to make rules.
19. (1) The State Government may, by notification in the
Official Gazette, 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 conditions to be inserted in licences to be granted
to owner and the form of such licences;
(c) the procedure to be followed by competent authorities
in the exercise of their functions under this Act;
1 Substituted for the word ‘magistrate’ by Punjab Act No.25 of 1964
2 Added by Punjab Act No.7 of 2022, Section 13
Persons
exercising
powers under
this Act to be
public
servants.
No
compensation
for suspension
or
cancellation
of licences.
Protection of
persons acting
in good faith.
Delegation of
Powers.
Power to
make rules.
(d) the registers, 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 the security 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 improvement and development
of 1[horticulture] nurseries;
(g) the detection, inspection, certification, method of
transport or destruction of 2[horticulture] plants in
respect of which a notification has been issued under
section 12 or of any articles which 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.
(3) Any rule made under this section may provide that a
contravention thereof shall be punishable under section 13.
(4) Every rule made under this Act shall be laid as soon as
may be after it is made before the State Legislature for a period of
ten days.
1 Substituted for the word “fruit” by Punjab Act No.7 of 2022, Section 14
2 Substituted for the word “fruit” by Punjab Act No.7 of 2022, Section 14