The West Bengal Horticultural Nurseries ( Regulation ) Act, 2001

GOVERNMENT OF WEST BENGAL 
LAW DEPARTMENT 
Legislative 
West Bengal Act XXXI of 2001 1  
THE WEST BENGAL HORTICULTURAL 
NURSERIES (REGULATION) ACT, 2001. 
[Passed by the West Bengal Legislature.] 
[Assent of the Governor was first published in the Kolkata Gazette, 
Extraordinary, of the 31st July, 2002.] 
An Act to provide for the licensing and regulation of horticultural 
nurseries in West Bengal. 
WHEREAS it is expedient to provide for the licensing and regulation 
of horticultural nurseries in West Bengal; 
It is hereby enacted in the Fifty-second Year of the Republic of India, 
by the Legislature of West Bengal, as follows:- 
1. (1) This Act may be called the West Bengal Horticultural 
Nurseries (Regulation) Act, 2001. 
(2) It extends to the whole of West Bengal. 
(3) It shall come into force on such date as the State Government 
may, by notification, appoint. 
2. In this Act, unless the context otherwise requires,— 	 Definitions. 
(a) "competent authority" means any officer appointed as such 
under section 4; 
(b) "Director" means the Director of Food Processing Industries 
and Horticulture, Government of West Bengal; 
(c) "horticultural nursery" means a place where horticultural 
plant is, in the regular course of business, propagated or sold 
for transplantation or sowing; 
(d) "notification" means a notification published in the Official 
Gazette; 
'For proceedings of the West Bengal Legislative Assembly, see the proceedings of 'the 
meeting of that Assembly held on the 11th December, 2001. 
Short title, 
extent and 
commence-
ment. 
279 
The West Bengal Horticultural Nurseries 
(Regulation) Act, 2001. 
[West Ben. Act 
(Section 3.) 
(e) "nurseryman" means a person engaged in the production 
and sale of horticultural plant or horticultural seed or 
horticultural plant material; 
(f) "plant material" means the material used for propagation 
and raising of horticultural plant, and includes bud wood, 
scion, root-stock, sucker, root, seed, cutting, seedlings, tubers, 
bulbs, rhizomes, grafts, gooties, other vegetatively 
propagated materials of food crops including vegetables, 
fruits and flowers. 
Explanation.—"scion" or "bud wood" shall mean the 
part of a plant used for grafting or budding a root-stock or 
tree; 
(g) "prescribed" means prescribed by rules made under this 
Act; 
(h) "root-stock" means a fruit plant or part thereof on which 
any other plant or part thereof has been grafted or budded; 
(i) "variety" means a sub-division of a kind identifiable by 
growth, yield, plant, fruits or other characteristics. 
Horticultural 
nurseries not 
to be 
established 
or main-
tained 
without 
registration 
and licence. 
3. (1) On and from the date of commencement of this Act, no 
person shall,— 
(a) establish or conduct a horticultural nursery, without being 
registered with the competent authority and without obtaining 
a licence under this Act, or 
(b) sell, or exchange, or offer or expose for sale, or consign for 
sale, any variety of horticultural plants material, by himself 
or by any person on his behalf, unless, such variety is 
identifiable and properly labelled containing the correct 
particulars of that kind or variety. 
(2) Notwithstanding anything contained in sub-section (1), a 
nurseryman, who owns and possesses a horticultural nursery immediately 
before the date of commencement of this Act, may continue to conduct 
such horticultural nursery,— 
(a) for a period of three months from the date of commencement 
of this Act, or 
(b) if an application for registration and licence is made to the 
competent authority within the period specified in clause (a) 
in accordance with the provisions of section 5, till the disposal 
of such application. 
280 
The West Bengal Horticultural Nurseries 
(Regulation) Act, 2001. 
XXXI of 2001.] 
(Sections 4-6.) 
(3) Where any person or nurseryman, who owns and possesses a 
horticultural nursery, intends to establish or, as the case may be, to 
conduct more than one horticultural nursery, he shall obtain a separate 
licence in respect of each horticultural nursery. 
4. The State Government may, by notification,— 
(a) appoint any officer in horticultural discipline to be the 
competent authority for the purposes of this Act; and 
(b) define the local limits within which the competent authority 
shall exercise the powers conferred, and perform the duties 
imposed, on him by or under this Act. 
Appointment 
of competent 
authority. 
5. Every application for registration and licence under section 3 fo 
Application 
r shall be made to the competent authority in such form, and accompanied registration 
by • such fee, as may be prescribed. 	 and licence. 
6. (1) Subject to such conditions and restrictions as may be Grant or 
prescribed, if the competent authority is satisfied that— refusal of 
licence. 
(a) a horticultural nursery is suitable for the proper propagation 
of horticultural plants in respect of which licence has been 
applied for, 
(b) the applicant is competent to conduct or establish any such 
horticultural nursery, 
(c) the applicant fulfils, or undertakes to fulfil, such other 
conditions for ensuring the quality of plants to be propagated 
and their sale at a reasonable price as the competent authority 
may, by notification, specify, and 
(d) the applicant has, for the grant of licence to him, paid such 
fee, and furnished such security, as may be prescribed, 
the competent authority may grant to the applicant a licence in such Form 
as may be prescribed for establishing or conducting a horticultural nursery 
on such terms and conditions as may be specified in the licence. 
(2) Every licence granted under this section shall remain valid for 
a period of five years from the date of its issue and may be renewed 
from time to time for a period in such manner, on payment of such fee, 
and on fulfilment of such conditions, as may be prescribed. 
(3) If the competent authority refuses to grant or renew a licence 
under this section, he shall record the reasons for such refusal in writing 
and furnish a copy of his order to the applicant. 
281 
The West Bengal Horticultural Nurseries 
(Regulation) Act, 2001. 
[West Ben. Act 
Duties of 
licence 
holder. 
(Section 7.) 
(4) Every application made under section 5 shall be disposed of 
within a period of three months from the date of its receipt by the 
competent authority. 
7. Every person, who holds a licence under this Act, shall— 
(a) keep a complete record of the origin or source of every 
seedling, every root-stock and every scion used for vegetative 
propagation, showing their botanical name, along with 
variety, local name or common name, if any; 
(b) utilise only such plant material in respect of root-stock and 
scion for propagation as may be recommended by the 
Director from time to time; 
(c) show full particulars of the variety or varieties, if imported 
or evolved by the nurseryman at his own estate intended for 
propagation, to the Director or any other officer authorised 
by the Director on his behalf, and shall obtain his approval 
before sale of such variety or varieties, as the case may be, 
under a distinct or separate name; 
(d) utilise such plant material as is required to be used in 
accordance with the licence granted; 
(e) maintain a map register depicting the plots of the horticultural 
nursery in respect of each kind, and variety, of plants; 
(f) maintain a register in the prescribed Form and manner, 
showing the progeny and performance of each mother plant 
to be utilised for production of plant material; 
(g) keep the nursery plots as well as the parent trees used for 
propagation of horticultural plant free from insects, pests 
and diseases; 
(h) prepare the horticultural plant in such manner as may be 
directed by the competent authority from time to time; 
(i) use the seed material of known and genuine progeny being 
approved by the Director in the case of seedling or sapling; 
(i) not procure stock for sale from any outside source other than 
a licensed horticultural nursery, research institute or 
Government institute and, where stock is procured from any 
of the sources as aforesaid, inform the competent authority 
of the source, the quantity and the type of material so 
procured, before the sale of such stock. 
282 
The West Bengal Horticultural Nurseries 
(Regulation) Act, 2001. 
XXXI of 2001.] 
(Sections 8, 9.) 
8. (1) The competent authority may suspend or cancel any licence 
granted or renewed under this Act, if the licensee— 
(a) has applied to be adjudicated, or has been adjudicated, an 
insolvent; or 
(b) has parted, in whole or in part, with his control over the 
horticultural nursery; or 
(c) has ceased to conduct or to possess such horticultural nursery; 
or 
(d) has, in the opinion of the competent authority, become 
incompetent to conduct or to possess such horticultural 
nursery; or 
(e) has contravened, or has 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 to produce his licence or to 
produce 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 him; 
or 
(g) becomes subject to such other disqualifications as may be 
prescribed. 
(2) Befdre passing an order under sub-section (1), the competent 
authority shall intimate to the licensee the grounds on which it is proposed 
to pass such order and shall give him a reasonable opportunity of showing 
cause against the order proposed to be passed. 
(3) The competent authority may suspend the licence pending the 
passing of an order of cancellation of such licence under sub-section (1). 
(4) A copy of every order passed under sub-section (1) or sub-
section (3) shall be communicated to the licensee. 
Suspension 
or cancella-
tion of 
licence. 
9. On the expiry of the period of validity of a licence or on the Return of 
receipt of an order of suspension or cancellation thereof, the licensee licence.  
shall return the licence to the competent authority: 
Provided that the competent authority may, after the expiry of the 
period of validity of a licence, or on the suspension or cancellation, as 
the case may be, of a licence, give to the nurseryman such reasonable 
time as the competent authority thinks fit to enable him to wind up his 
horticultural nursery. 
283 
The West Bengal Horticultural Nurseries 
(Regulation) Act, 2001. 
[West Ben. Act 
(Sections 10-13.) 
Issue of 
duplicate 
licence. 
Appeal. 
Revision. 
Inspection of 
horticultural 
nursery and 
records. 
10. If a licence granted or renewed under this Act is lost, destroyed, 
mutilated or damaged, the competent authority shall, on application and 
on payment of the prescribed fee, issue a duplicate licence. 
11. (1) Any person aggrieved by an order of the competent authority 
passed under section 6 or section 8 may, within a period of thirty days 
from the date of the order, prefer an appeal to such authority (hereinafter 
referred to as the appellate authority), in such Form, and in such manner, 
as may be prescribed: 
Provided that the appellate authority may admit an appeal after the 
period of thirty days as aforesaid, if sufficient cause is shown by such 
person. 
(2) The appellate authority may, after hearing the appellant, pass 
such order as it thinks fit. 
(3) Subject to the provisions of section 12, any order passed under 
this section shall be final. 
12. (1) The State Government, on an application of any person 
aggrieved by an order passed under this Act and within a period of ninety 
days from the date of the order, may, for the purposes of satisfying itself 
as to the legality or propriety of such order, call for and examine the 
records of the case and may pass such order as it may deem fit: 
Provided that the State Government shall not exercise the power 
under sub-section (1) in respect of an order against which an appeal, 
preferred under section 11, is pending or, where no appeal has been 
preferred, before the expiry of the period of ninety days as aforesaid. 
(2) An order passed under this section shall be final. 
13. (1) The competent authority or any officer authorised by him 
or the State Government may enter into the premises of a horticultural 
nursery and inspect or examine the plant material or the books of accounts, 
registers, records or other documents relating to the horticultural nursery 
at all reasonable hours, for the purpose of satisfying himself that the 
requirement of this Act and the rules made thereunder are being complied 
with. 
(2) Every nurseryman or his agent and every person employed in 
connection with a horticultural nursery shall, for the purposes of sub-
section (1), afford all reasonable access and facilities as may be required 
by the competent authority or the officer authorised by him or the State 
Government, as the case may be, and shall furnish all information, books 
of accounts, registers, records and other documents relating to such 
284 
The West Bengal Horticultural Nurseries 
(Regulation) Act, 2001. 
XXXI of 2001.] 
(Sections 14-16.) 
horticultural nursery as may be required by the competent authority or 
the officer authorised by him or the State Government, as the case may 
be. 
(3) If the competent authority or the officer authorised by him or 
the State Government is of the opinion that the use of any plant material 
or its mother tree or both may not be in the interest of the horticultural 
industry on account of— 
(a) poor quality of fruits or plants, or 
(b) poor fruit-bearing capacity, or 
(c) infestation of insects, pests and diseases of incurable nature, 
or 
(d) such other reason as he may consider appropriate, 
he may declare such plant material and, if necessary, its mother tree as 
unfit for use, and may direct the nurseryman in writing to remove and 
destroy such plant material and mother tree within the prescribed period. 
(4) The nurseryman shall, on receipt of such direction, remove or 
destroy such plant material and mother tree within the prescribed period, 
failing which, the competent authority or, as the case may be, the officer 
authorised by him or the State Government, as the case may be, shall 
cause the same to be removed and destroyed and the expenditure incurred 
therefor shall be recovered from the nurseryman as an arrear of land 
revenue. 
14. (1) A package or container containing plant or plants shall be 
distinctly labelled to designate the kind and variety of plant or plants 
sold. 
(2) In case the package or the container contains plants of more than 
one kind and variety, each individual plant shall be labelled. 
(3) The name of the root-stock and the scion shall be mentioned 
on the label. 
Packages 
and their 
labelling. 
15. The State Government may, by notification, prohibit or regulate, Power of 
subject to such restriction and conditions as it may impose the bringing State 
Government into, or taking out of the State otherwise than across a custom frontier to prohibit or 
as defined by the Central Government, or the transport within the State, regulate the 
bringing of any horticultural plant of unknown pedigree or affected by any infectious into, or 
or contagious disease or pest as declared by the competent authority. taking out of, 
West Bengal 
fruits or 
plants. 
16. (1) If any person contravenes, or attempts to contravene, or abets Penalties.  
the contravention of, any provision of this Act or the rules made thereunder, 
he shall, on conviction, be punished with imprisonment for a term which 
may extend to one year or with fine which may extend to five thousand 
rupees or with both. 
285 
The West Bengal Horticultural Nurseries 
(Regulation) Act, 2001. 
[West Ben. Act 
(Sections 17-20.) 
(2) Whoever, after conviction under sub-section (1), continues the 
contravention of any provision of this Act or the rules made thereunder, 
he shall, on conviction, be punished with fine which may extend to one 
hundred rupees for every day after the first day, during which such 
contravention continues. 
Offence by 
companies. 
Cognizance 
of offence. 
Delegation 
of powers. 
Compensa-
tion not 
payable for 
suspension 
or cancella-
tion of 
licences. 
17. (1) Where an offence under this Act has been committed by a 
company, every person who, at the time the offence was committed, was 
in charge of, and was responsible to, the company for the conduct of 
the business of the company, as well as the company, shall be deemed 
to be guilty of the offence and shall be liable to be proceeded against 
and punished accordingly: 
Provided that nothing contained in this sub-section shall render any 
such person liable 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. 
(2) Notwithstanding anything contained in sub-section (1), 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 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 a body corporate and includes a firm or 
other association of individuals; and 
(b) "director", in relation to a firm, means partner in the firm. 
18. No court shall take cognizance of an offence punishable under 
this Act except on a complaint in writing made by the competent authority 
or any officer authorised by him in this behalf by general or special order. 
19. The State Government may, by notification, delegate to any 
officer or authority subordinate to it all or any of its powers under this.  
Act except the power to make rules. 
20. Where any licence granted to a nurseryman under this Act is 
suspended or cancelled, he shall not be entitled to any compensation 
therefor, nor shall he be entitled to the refund of any fee paid by him 
for the grant of such licence. 
286 
The West Bengal Horticultural Nurseries 
(Regulation) Act, 2001. 
XXXI. of 2001.] 
45 of 1860. 
(Sections 21-23.) 
21. The competent authority and every person duly authorised to 
discharge any duty imposed on him by or under this Act shall be deemed 
to be public servants within the meaning of section 21 of the Indian Penal 
Code, 1860. 
22. No suit, prosecution or other legal proceeding shall lie against 
the State Government or any officer of that Government or any person 
authorised by that Government for anything which is in good faith done 
or intended to be done in pursuance of any provision of this Act or the 
rules, or the orders, made thereunder. 
Competent 
authority and 
certain other 
persons to be 
public 
servants. 
Protection of 
action taken 
in good faith. 
23. The State Government may, by notification, make rules for Power to 
make rules. 
carrying out the purposes of this Act. 
Statement of Objects and Reasons on the West Bengal 
Horticultural Nurseries (Regulation) Bill, 2001 
(Bill No. 34 of 2001). 
STATEMENT OF OBJECTS AND REASONS. 
The Government of India have laid a lot of emphasis on horticulture 
plantations and the Government of West Bengal have also envisaged a 
large-scale horticultural development. The plan allocation has also 
registered a quantum jump in the horticulture sector. The Government 
of West Bengal have also viewed horticulture as one of the prime movers 
of development in the agro-based economy. Considering the magnitude 
of plantation, the availability of quality planting materials is indispensable 
for any horticultural development. With the steady increase in the 
requirement of such planting materials, it has become imperative to 
encourage nurseries in private, public and co-operative sectors. By 
involving various sectors in the production of planting materials, an 
atmosphere of healthy competition may be created with a view to fostering 
improvement in the quality as well as the cost competitiveness. Given 
the magnitude of the requirement, it has become expedient that such 
nurseries should be regulated by an Act of the Legislature. One of the 
objects of the proposed law is, therefore, to ensure control over nurseries 
and to make them liable to punishment in the case of violation of quality 
requirement and production of sub-standard materials. At present, 
Government have no control over such nurseries. It is, therefore, necessary 
to provide for licensing and regulation of horticultural nurseries in 
West Bengal by legislation. 
287 
The West Bengal Horticultural Nurseries 
(Regulation) Act, 2001. 
[West Ben. Act XXXI of 2001.] 
2. The Bill has been framed with the above objects in view. 
3. There is no financial implication involved in the Bill. 
KOLKATA, 
The 29th November, 2001. 
 
SAILEN SARKAR, 
Member-in-charge. 
   
288 

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