(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.