The UTTARAKHAND FRUIT NURSERIES (REGULATION) ACT, 2019

20 GMS IU WIE, , 20 watt, 2020 Zo (hy 30, 1941 wea Wed) 
No, 32/XXXV1(3)/2020/63(1)/2019 
Dated Dehradun, January 20, 2020 
NOTIFICATION 
Miscellaneous 
In pursuance of the provisions of Clause (3) of Article 348 of the 
Constitution of India, the Governor is pleased to order the publication of the 
following English translation of “The Uttarakhand Fruit Nurseries (Regulation) © 
Act, 2019’ (Act No. 11 of 2020). 
As passed by the Uttarakhand Legislative Assembly and assented to 
by the Governor on 16 January, 2020, 
THE UTTARAKHAND FRUIT NURSERIES (REGULATION) ACT, 2019 
(Uttarakhand Act No. 14 of 2020) 
AN 
ACT 
to make provision for the licenses and regulation of fruit nurseries in the State of 
Uttarakhand 
Be it enacted by the Uttarakhand State Legislative Assembly in the seventieth year of 
Republic of India as foilows:- 
Short title, extent & 1. (1) This Act may be called the Uttarakhand Fruit Nurseries 
Commencement _ (Regulation) Act, 2019. 
(2) it extends to the whole State of Uttarakhand. 
(3) It shall come into force on such date as the State 
Government may, by notification in the Official Gazette, 
appoint 
Definitions 2. in this Act, untess the context otherwise requires: - 
(a) “Appellate Authority” means Secretary, Horticulture 
Uttarakhand authorized by the State Government or any 
officer nominated by him, who is not below the rank of 
additional secretary to hear Appeals under this Act;
SERTENS STATE Tete, 20 waeY, 2020 Yo (Ub 30, 1941 We waa) 21 
(b) “Competent Authority’ means an officer appointed/ 
nominated by the State Government under this Act to perform the desired works, by notification in the Official Gazette, 
{c) “Director” . means the Director, Horticulture & Food 
Processing, Uttarakhand; 
{dj} “Fruit Nursery’ means a place where propagation, 
management and sale of fruit plant are done in the regular 
course of business and It also includes Commercial Tissue Culture unit/lab, and nurseries managed by the Government; 
{e) “Fruit plant’ means any plant, which can produce edible fruits 
or nuts and includes gcotee, seediings, grafts, suckers, layers, 
BUIBS, THIZOMES afd Scién of fy Such plant 
(f) “inspection Officer’ means Technical officer of the 
department, who is not below the rank of Group-i officer; 
{g) “Licence” means licence granted by licensing authority under 
this Act; 
{h} “Licence holder” means any person holding a licance for the 
time being; 
{i) “Licensing Authority” means the Director of horticulture and 
food processing, Chaubattia, Ranikhet; 
{j} “Nursery 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 it also includes a 
manager, mafiaging director, managing agent, any other 
person inchargé af such fruit fursery ar thé céntrélling 
authority( A.O.0./ Superintendent/Nursery Development 
Officer/ District/ Chief Horticulture Officer/ or Nursery 
incharge) of a Government nursery; 
(k) “Prescribed” means prescribed by the rules framed under this 
Act; 
q) “Root stock’ means a fruit plants or part thereof on which any 
portion of a high quality fruit plant has been grafted or 
budded; 
{m)  “Scion’/"bud wood” means a portion of a fruit plant which is 
grafted of Buidded 6A 64 rootstock: 
(n) “State Government” means the Government of the State of 
Uttarakhand; 
Licence of Frult Nursery 3. {1} No person/Authority shall, after the expiry of three months 
from the date of commencement of this Act or fram the 
daté Ori WHICH Hé Béconiés first time ower of 4 fruit 
nursery, whichever is later, conduct or carry on the 
business of fruit nursery without licence. It is necessary for 
all existing fruit nurseries to obtain licence within three 
months from the commencement of the Act. 
(2) Where more than one fruit nursery is owned by one 
person/organisation whether In the same town or village 
or in different towns or villages, separate licence shall 
have to obtained in respect of each such fruit nursery. 
 
22 SaaS STATA Tae, 20 wa, 2020 ¥o (ate 30, 1941 WH Wad) 
Application for Licence 4, (1) Every application for the licence under Section 3 of this 
Act, shall be made in the prescribed form to the Licensing 
Authority 4d shall 5é accompanied by thé preséribed 
fee. 
(2) The inspection of the fruit nursery shall be done by the 
departmental committee constituted for the verification 
of testimonials submitted with the application for licence. 
(3} No licence, shall be gratited urider this Act, ifit appears to 
the Licensing Authority that- 
(a) the fruit nursery is not suitable for the improved 
propagation of the fruit plants, in respect of which 
licence has been applied for; or 
{b} the applicant is aot competent to operate such fruit 
nursery; or 
(c) the prescribed fee.is not submitted with the application, 
or 
(d} the applicant has been convicted of any offence under 
this Act, or the rules made there under, 
(4) The applicant must be Udhyan Card and Aadhar Card 
holder. 
(5) The licence halder shall maintain various records of 
prescribed forms under the provision of this Act or the 
rules madé theré ufridér 6f afy of term and cOnditidzs of 
the licence, in the fruit nursery. 
(5) The ficence holder, shall have to get Accreditation 
Certificate from the National Horticulture Board, 
Government of India, after obtaining licence. 
Essential conditions of 5. (1} The nursery owner must have general educational 
Licence knowledge regarding nurseries. 
(2) Nursery owner/ licence holder of 1.0 hectare or more 
than 1.0 hectare shall be required to submit a certificate 
of training received from the Department of horticulture, 
any institute of indian Council of Agricultural Research or 
State Agriculture/Horticulture Universities and it shall be 
recommended by the Department in respect of nursery 
management. 
(3) The nursery owner must have minimurn 0.20 hectare land 
or registered leased fand for 30 years and licence shall 
not be granted for more than one crop for the fruit 
nursery of land of 0.20 hectare: 
Provided that in hilly area the qursery owner must 
have minimum 0.16 hectare land. 
(4) Amother block is must for establishment of fruit nursery. 
{5) The licence shall be granted for the establishment of fruit 
nursery by keeping in the view the conditions for the soil, 
climate and fruit plant propogation. 
 
Duration of licence & its 
Renewal’ 
Suspension or 
Cancellation of Licence 
SRRVS FANART WI, 20 WAT, 2020 Zo (aty so, 1941 erm wag) 23 
6, (1) A licence under Section 4 shall be valid for three calendar 
(2) 
(3 
— 
7 (4) 
(a) 
(b 
years. On application made in this behalf on prescribed form and upon payment of the prescribed fee, licence may be renewed, by the Licensing Authority for next two years. 
Renewal of the licence may be done by the Licensing 
Avthority fer two years after submission of application and prescribed fees in prescribed form and providing the certificate of the fifteen days training regarding the fruit nursery before the period of cessation of licence, 
No licence shall be renewed under this Act if the Licensing 
‘Authority is satisfied that:- 
{a) The ticence holder has wilfully committed a 
breach of the provision of subsection (1) of Section 4 of this Act or the rules made under 
this Act or any provision of the terms and 
conditions of the licence: or 
(&) any of the grounds mentioned in the sub section 
~ (3) of Section 4 exists, 
A licence made under this Act may be suspended or cancelled by the Licensing Authority if he is satisfied 
that — 
any of the ground mentioned in the subsection (3) of 
Section 4 exists; or 
the license holder has whelly or partly left the possession 
or control of the fruit nursery or that he has ceased to 
runt lt; or 
(c} the licence holder/ the nursery owner has not compliance 
(d 
with the conditions of licence or the provisions of the Act ; OF 
if the licance holdar did not provide or express his 
incapability to provide the necessary records and 
registers required by the Licensing Authority under the 
Act; or 
(e} the licence is not being renewed within the prescribed 
{f) 
(2) 
(3) 
Period; or 
any other relevant legal reasons exists; or 
The licence hoider shall surrender the licence certificate 
to the concerned authority after the order of cancellation 
OF Suspension of licence is issued. 
Where any licence is suspended or cancelled, the licence 
holder shall not be entitled to any compensation ner he 
shali be entitled to any rafund of any fee paid by him for 
the licence. 
(4) No action under subsection (1) shall be taken by Licensing 
(5) 
Authority until the reasonable opportunity of being heard 
is given to the license holder. 
A copy of every order issued under subsection(1} shall be 
forwarded to the ficence holder.
  
  
24 PRTES AMS Ware, 20 aA, 2020 go (uty 30. 1944 Bla Ward) 
issuing the order 
Duplicate Cony of licence 
Appeal 
Power of'state 
Government to cail the 
records 
8. 
9... 
10. 
11, 
(1) Every order for refusal of licence under subsection (3) of 
Section 4 or refusal of renewal of licence under 
SUBSéctiOA (3) Sf S4EtION 6, OF SUSPENSION SF C4 Aeellation 
of licence under Section 7 of the Act shall be in writing 
and reasons in support of it shall be given. Before issuing 
avery such order the Licensing Authority shall give a 
opportunity of being heard to the applicant or license 
holder as the case may be, within 30 working days. 
(2 — Before issuing any order under subsection (1} the 
Licensing Authority shail give a reasonable opportunity of 
being heard the applicant or the nursery owner, as the 
case may be. 
if a licence issued under Section 4 has lost, destroyed, torn or 
deformed or gets unreadable by other means, the Licensing 
Authority shall issue a duplicate copy of the licence on 
submission of the application and prescribed fees by the 
nursery owner. 
(1) Any person aggrieved by any order of the Licensing 
Authority for refusal of licence under subsection (3) of Section 4 or refusal for renewal of licence under 
subsection (3) of Section 6, suspension or cancellation of ligénéé under sub-section (i) 6f Séeti6a 7 of the Act, fidy 
file an. appeal before the Appellate Authority within 30 
days from the date of communication of such order; 
Provided that the Appellate Authority, if satisfied that the appellant could not file the appeal in specified 
periad due to some reasonable cause, may accept the appeal even after the expiry of period specified in this 
subsection, 
' (2) The Appellate Authority, may after aiving an opportunity 
of being heard to the appellant, pass an order as he may 
deem fit. 
(3) Subject to the provisians of Section Ti, an order passed 
under this section shail be final. 
The State Government, for the Purpose of satisfying itself regarding the justification and validity of any order given under this Act, may suomotc or on application by any aggrieved person may call records of any matter, and examine them and pass such order as ne may deem fit: 
Provided that the State Government shall not @xercise its power during the pendency of appeal under Section 10 of the Act or before the expiry of time prescribed for such appeal: 
Provided further that if the State Government suomoto call the records of any matter, shall not give any order under this section that may adversely affect any person, until a reasonable opportunity of being heard is given to him.
SORRATS FUT Tae, 20 WA, 2020 ¥o (atx 30, 1941 ere WATT) 25 
  
Duties of the license 
holder 
Patent of new 13. 
discoveries 
To Malntain Account 14, 
Books & Registers 
Inspection & Checking 15. 
of the Nursery 
(1) 
(ii) 
(iii) 
(iv) 
(v) 
(vi) 
12, Every licence holder/ nursery owner have duty ta:- 
propagate only such varieties of fruit plants, specified in the licence in respect of scion or root stocks, for production and sale, as may be directed by the Licensing Authority. 
kéep cormpléte récards af Origiti Gf source of évéry foot 
stack and scions showing, the botanical name together | with local name, of the root stock, if any. 
keep mother block of the fruit plant and other plants, 
whose propagation is to be done through vegetative 
propagation, wherein same kind of varieties of plants 
shall be maintained under advanced management. 
vegetatively propagate only those plants and varieties far 
which he is having a mother tree and the maximum 
numbér of propagated plants if the fursery shall dapand 
on the such variety / plant number in the mother block. 
use latest approved techniques for plant propagation and 
follow the direction issued by the competent authority 
for this purpose. 
shall not mix the varieties/plants of propagated fruit 
plants. Therefore, the techniques are to be carefully 
followed during the propagation. , 
(vii} keep the nursery site used for production of fruit plants 
(viii) 
(ix) 
and the mother trees free from insects and diseases. 
sale or distribute only thase fruit plants which are free 
from any kind of insects and diseases. 
sale their planting materials subject to the contracts 
mentioned in the Act and prescribed provisions ar by 
self declaration only. 
Necessary procedure shall be followed by the nursery owner 
for the provision of its patent on discovery of new varieties. 
(1) Every license holder/ nursery owner shall maintain related 
Account Books, Registers and Records in such forms and 
ii SUCH @ Mannie? as May be preseribed. These racardés 
shall be safely retained for a period of 10 years. 
(1) The inspection officer may inspect the nursery ta ensure 
(2) 
heaithy and high quality plant production and may issue 
written recommendations/directions in this regard, 
The Inspection officer may during iaspection of nursery 
issue directions to destroy the. infested/infected plants 
and trees by observing the situation of insects and pests 
within a prescribed time limit.
26 
  
  
Sale, Packing & Labelling 
of plants 
16. 
Q) 
(4) 
If the procedure given in subsection 42) is not follawed by the Inspection officer within the prescribed period, then 
Department may itself take action to destroy the piants 
and trees and aij the expenses incurred so shall be borne 
by the nursery owner which may be recovered as recovery of the arrear of land revenue through the RéVéHle Desartiaiit. 
The proceeding under subsection (2) & (3) shall be done 
by a Gazetted Officer. 
(5) The licence holder / nursery owner shall In writing, provide 
(6) 
(7) 
(1) 
(3) 
(4) 
{5) 
(6) 
the information regarding the availability of rainy season plariting material for sale by thé month Of May aid the 
information regarding the availability of winter season planting material for sale by the month of October to the 
Chiéf /District Harticultura Officér of their district, 
The information as age of plants, number of plants, 
number of mother plants and genetic details, root stock and scion of sateable fruit Plants pravided by the license 
holder / nursery owner (if received by other fruit nursery finstructions} shail be verified at nursery level by a committee constituted by department report of which 
shall be provided by the Committee to the Director, 
Horticulture. 
The digging out of plants from the nursery shall be done only after the verification of the committee, otharwise 
thé precurement Of Plats Hall Aét be cérisidéréd, 
Each bundle of fruit plants meant for saie of fruits shall be properly packed, labelled with the name of fruit plant 
and varieties. 
If the bundle contains more than one type of plants and varieties, each plant shail be labelled. 
proper label/board shall also be affixed on Mother block. 
Only one variety of plant shall be planted/propagated in one seed plot and in a small board shall be affixed in this seed plot with the name of that variety. 
If the nursery owner receives any fruit plants from any other nursery of the State other than his fruit nursery for the purpose of sale, he shall be required to obtain a seif- deciaration from that nursery owner on a Rs, 100/- {One hundred) stamp paper Stating the genetic characteristics, 
féchniqués fallowéd, ard the plants béing insect and disease free. 
In respect of plant material, it is mandatory for all the government and non-government nurseries established 
in the State to see that from whatever source they purchase plant material it should be beneficial, in case it is hot beneficiai, action shall be taken against them under Section18 of the Act.
SINISS STANT Te, 20 wT, 2020 go (ute 30, 1941 sTH WIT) 
Power of State 47. 
Government to Regulate 
or Prohibit, Import, 
27 
The State Goverment may, for the purpose of 
maintaining the quality of any fruit plants grown in any 
part of the State or to protect them from harmful insects, 
pests and plant diseases, by notification, regulate or: 
prohibit, subject to such restriction and conditions 3s it 
may specify, the bringing In to and taking out of the State 
and any part thereof, or the transport within the State, or 
any fruit plants of unknown pedigree of affected by any 
infectious or contagious pest and disease. 
{1) The Nursery owner on contravention of any provision of 
2) 
{3) 
(a) 
(b) 
Expert or Transport of 
certain fruit plants 
Offence & Penalty 18. 
Explanation:-_ 
Cognizance of Offence 13. 
the Act or rules made thereunder, on first conviction 
shali bé punished with the fine which imay eéxtérid té 
Rs.50,000/- (Fifty thousand) and in default of payment of 
fine with imprisonment which may extend to Six months, 
and be punished on second or subsequent conviction 
with imprisonment which may extend to six months and 
fine which may extend to Rs.50,000/- {Fifty thousand). 
In addition to this, the nursery owner shail be liable to 
pay all the compensation under para 6 of Appendix-1 to 
the farmer. The amaunt of compensation shall be 
determined by a committee constituted under the 
chairmanship of Chief/District Horticulture Officer. 
I an offence is made by the cormpary under this Act, the 
person in-charge of the operations of the company, for 
the time being, shall be deemed to be guilty of that 
offence and shall be liable to be proceeded against and 
punished accordingly: 
Provided that nothing contained this sub-section 
shati render any person fiable to any punishment if he 
proves that the offence was committed without his 
knowledge or that he had exercised all due diligence to 
prevent the commission of such offence. 
Notwithstanding anything contained in sub-section (2), if 
any offence punishable under this Act has being 
committed by a company and it is proved that the 
offence has been committed with the consent or 
connivance or negligence of any Secretary, treasurer, 
Director, Manager or other officer of the company, such 
Secretary, Treasurer, Director, Manager or other officer 
Of thé coiipary shall als6 bé Gé6MHed £6 ba guilty 6f that 
offence and shall be liable to be proceeded against and 
punished accordingly. 
For the purpose of this section- 
Company means a corporate body and includes a firm or 
other association of individuals; and 
"Director" in relation to a firm, means the partner of that 
firm. 
No prosecution shail be initiated except for any 
complaint authorized by the Licensing Authority for any 
offence punishable under this Act.
  
28 warrgvgs aE Wa, 20 TA, 2020 Fo (Thy 30, 1941 Ws wad) 
Powers of Licensing 20. 
Authority 
Protection of action taken 21. 
in good faith 
Training of Farmers 22. 
Power to.make Rules: 23. 
Bar on suit in the civil 24. 
court 
Direction by the State 25. 
Government 
The Licensing Authority may:- 
{1} require the nursery owner to submit such information 
regarding the nursery in his ownership or run by him as 
may be specified. 
(2) enter in any nursery and inspect or make inspection of it 
and get inspected the plants in the nursery as also the 
account books and records related to the plants to 
ensure that the requirement of the Act and Rules made 
there under are being complied. 
(3) take sampies of fruit plants and get. make its analysis, 
inspection or testing ina lab assigned for this purpose. 
(1) No suit prosecution, of any other legal proceeding shall 
lie against any person for anything done or intended to be 
done in good faith unde this Act or the rules made 
fthereundér. 
(2) No suit or legal processing shall lie against the State 
Government for a injury or possible injury incurred by 
anything done or intended to be done in good faith under 
this Act or the rules made thereunder. 
Farmers of the State shall be taken to an exposure visit to the 
nearby government nurseries and given training by the 
Department to make them aware of the horticultural activities 
according to the climate of a particular region, specially about 
the advanced techniques, fineness and characteristics to be 
fellewed during the préparatisa of Aurséries 36 that if thé 
farmers themselves wish to purchase any plants from a 
nursery, they may be able to buy specific and quality planting 
material along with a bill from the seiler. 
{1) The State government may, by notification, in the Official 
Gazette make rules to carry out the provisions of this Act 
and-may amend rules from time to time which also 
includes a rule to prescribe fees for any proceeding under 
the Act. 
(2) Every rule made by a State Government under this Act 
shall be laid, as soon as may be after it is made before the 
State Legislative Assembly. 
No any objection shall be entertained in any civil court on any 
order given in exercise of any power by or under this Act. 
The Licensing Authority shall comply with the instructions of 
the State Government on the subject of policy related matters 
in respect of its duties under this Act, which the State 
Government may issue from time to time. 
 
30 URIS FTI Wie, 20 wTatt, 2020 Yo (uty 30, 1941 Wa Wad)   
  
Appendix-1 
SELF-DECLARATION BY NURSERY OWNER . 
i, Shri/Sushri/Shrimati Trememenanaeneneananans — Son/daughter/wife Of ----—------—----------enean 
resident of declare that | will propagate and   
Sell the fruit plants grown in ty nursery under the folldwiig declarations: 
1. For propagation ana sale of plants, scion and root stocks of fruit plants of only those 
: varieties shall be used by me for which the nursery has been registered and for which 
instructions shall be given by the Registration Authority. 
2. All the records shall be maintained in the proforma provided by the Registration 
Authority. 
3. A lay-out of root stocks and mother plants to be grown in the nursery shall be 
prepared by me. : 
4, The nursery premises along with mother plants to be used in the plants propagation 
shaft be kept free from insects and diseases by me, 
5, The varieties/plants from packed at the time of sale shall be tagged by me, wherein 
the root stock and scion used in the propagation of these varieties shall be clearly 
mer tioned. 
6. | also declare that the plant sold or distributed by me shall be of the same varieties for . 
which have made recommendations and the same shall be completely free from any si 
iniseets GF. dideades Stherwise all ihe companeations towards thé farmer shall be Barha : 
by re. The compensation shall be determined by the committee constituted under 
the chairmanship of Chief/District Horticulture Officer. 
  
7. Inthe nursery, a registet shall be maintained by me and the names of ail root stocks 
and scions. used in propagation of fruit plants sold/distributed to any person or 
institution shall be mentioned in this register. The name. and address of the 
person/institution to which the fruit plant is sold shall also be mentioned, These 
registers shail be retained by me for minimum 10 years. 
8, After inspection by the Registration Officer or his representative, | shall comply with 
the instructions given to me ‘by hii in respect of production and characteristics of 
healthy and disease insact’s free plants. 
    
9. I shall comply with the conditions set by the Government of Uttarakhand in respect of é 
the recommendations for quality propagation of the plants and their sales rates. : 
10, {shall have no objection to any inspection by the authorities in respect of tasks being 
performed in my nursery such as development of mother plants, root stocks used in 
the propagation of plants, incidence of insects and pests, quality and genetic 
characteristics, growth and development of plants. | shall be ready to remove or 
destroy any plants affected by insects or disease if so suggested during the inspection 
and for this no compensation shall be claimed by me. | 
11. Except for the crop included in the registration of my nursery, no other crop shail be 
frown by me. 
 
  
  
    
  
CURES SRTEATeT WaT, 29 wrtatt, 2020 fo (ate 30, 1944 We WAR) 29 
Power to remove 26. (1) If any difficulty arises in giving effect to the Provisions of 
difficulties’ 
‘this Act, the State Government may by order, published in the Official Gazette, make such Provisions not inconsistent with the provisions of this Act, . as appear to it to be necessary or expedient for removing the difficulty: 
Provided that no such order shall ba made after the expiry of a period: of two years from the commencement of this Act. : , 
- (2) Every order made under this Section shail, as soon as may be, after it is made, be iaid before the State Legislative ASSa Bly, 
Repeai and Savings 27. (1) The Uttar Pradash Fruit Nurseries (Registration) Act, 1976 is hereby repealed. 
(2) Notwithstanding such repeal, anything done OF any action taken under the Said Act shall be deemed to have been done or taken undér the Corrasponding provisions of this Act, 
OG eee
TNS FWMANT Tac, 20 waa, 2020 go (aby 30, 1941 Wai WIT) a4 
12. | shall comply with all the conditions and provisions given in the Uttarakhand Fruit 
Nurseries (Regulation) Act, 2019. 
13. In case of any violation of the above declaration or of the provisions of the 
Uttarakhand Fruit Nursery (Regulation) Act, 2019, by me, | shall be liable for 
punshment as provided in the Act. 
Signature Of NUPSErY OWMET...... cc seecseeecatentceeteons 
Name of MUISOrY OWRET ccs nsersesene ane 
Father's/husband's name of the nursery owner... 
Name & address of the Nursery....csecssesusecsnee 
By Order, 
PREM SINGH KHIMAL, 
Secretary.
32 SRS SATIN Wate, 20 WA, 2020 ¥o fats 30, 1944 aH Wad) 
STATEMENT OF OBJECTS AND REASONS 
1. The Uttar Pradesh Fruit Nurseries (Regulation) Act,1976, for the regulation of Fruit Nurseries, was applicable in the former State Uttar Pradesh. This act is applicable in the State of Uttarakhand at present under section 86/87 of Uttar Pradesh reorganization act, 2000. 
2. In perspective of the special circumatances of the State of Uttarakhand, it is inevitable to make provision for the registration of fruit nurseries, fruit plants propagation, patent of new discoveries, sale of fruit plants etc and other provision related thereto in the State of Uttaraakhand. 
3. The proposed Bill fulfils the aforesaid objective. 
Subodh Uniyal 
Minister 
frovaoqo(Rogo) 12 flerfi /45-2020--100-+500 (HFqex/ Hferat) |

‹ Prev All Uttarakhand acts Next ›