2026 | Vol 2(6) | June
The Haryana Horticulture Nurseries Act, 2025
2026CURRENT ISSUE
The Haryana Horticulture Nurseries Act, 2025 was enacted to establish a comprehensive legal framework for the registration, regulation, and supervision of horticulture nurseries in the State of Haryana. The Act seeks to ensure the availability of healthy, disease-free, and quality horticultural planting material to farmers, gardeners, and consumers while promoting transparency and accountability in nursery operations. It replaces the earlier Haryana Fruit Nurseries Act, 1961 and broadens the scope of regulation to cover various categories of horticultural plants, including fruits, vegetables, flowers, ornamental plants, medicinal plants, spices, and aromatic crops.
The Act extends to the entire State of Haryana. It contains detailed definitions of important terms such as horticulture nursery, horticulture plant, plant material, fruit plant, owner, rootstock, scion, public sector varieties, private sector varieties, and unknown pedigree. These definitions provide clarity regarding the entities and materials regulated under the law.
A significant feature of the Act is the appointment of a Competent Authority, who must be an officer not below the rank of Additional Director. This authority is responsible for implementing the Act, granting licences, conducting regulatory actions, and overseeing compliance.
One of the central provisions of the legislation is the mandatory licensing of horticulture nurseries. No person can operate a horticulture nursery after six months from the commencement of the Act without obtaining a licence and complying with prescribed standards. If an owner operates multiple nurseries in different locations, a separate licence is required for each nursery. This provision aims to ensure that every nursery is individually monitored and regulated.
The Act prescribes a procedure for obtaining or renewing licences. Owners must submit an application in the prescribed form along with the required fee. Government-owned nurseries and those operated by government corporations or public bodies are exempt from licence and renewal fees. Before granting or renewing a licence, the Competent Authority directs an Inspecting Officer to inspect the nursery and submit a report. Based on this report, the authority may approve or reject the application after providing the applicant an opportunity to be heard. Licences are valid for five years and may be renewed for another period not exceeding five years.
The Competent Authority has extensive powers to suspend or cancel licences under various circumstances. These include failure to maintain the nursery, violation of licence conditions, non-compliance with the Act, insolvency, refusal to produce records, or other prescribed grounds. Before taking such action, the owner must be informed of the allegations and given a reasonable opportunity to present a defence. The Act also specifies that no compensation or refund of licence fees will be provided if a licence is suspended or cancelled.
To protect horticultural health, the Competent Authority may order the destruction of plants or plant material that are infected with pests and diseases or are of unknown pedigree. Such destruction must be properly documented through videography to ensure transparency. If a licence expires or is cancelled and the owner fails to close the nursery within the permitted period, the plant material may be destroyed at the owner’s cost.
The Act also provides for the issuance of duplicate licences if the original licence is lost, damaged, or destroyed. Furthermore, any person aggrieved by an order relating to licensing or cancellation may appeal to an Appellate Authority. The appellate decision is final, ensuring a structured mechanism for grievance redressal.
Detailed responsibilities are imposed on nursery owners. Every owner must maintain prescribed registers and records, display plant prices prominently, keep bill books, preserve records for specified periods, and ensure that nursery stock remains free from pests and diseases. Records relating to fruit plants must be retained for at least ten years, while records for other horticultural plants and plant material must be maintained for at least two years. Owners must also maintain records of plant protection measures adopted in the nursery.
Additional obligations apply to owners dealing in fruit plants. They must propagate and sell only those varieties specified in their licences. Complete records of the origin and source of rootstocks and scions must be maintained. Information such as botanical names, local names, stock position, and pricing must be displayed clearly. Fruit plants must meet quality standards prescribed by recognized institutions such as the National Horticulture Board, State Horticultural Universities, Agricultural Universities, the Indian Council of Agricultural Research, and the Haryana Horticulture Department. Every fruit plant intended for sale must carry a label or water-resistant QR code containing details of its variety, age, source, and rootstock. Records of propagated and imported planting material must also be maintained.
The Act regulates the use of plant material for propagation. Nursery owners must use approved varieties of scions and rootstocks. Imported plant material must be accompanied by an import permit and phytosanitary certificate and must undergo post-entry quarantine procedures. The Competent Authority may declare plant material unfit if it is of poor quality, has low bearing capacity, is infected with incurable pests or diseases, has an unknown pedigree, or is otherwise harmful to horticultural interests. In cases where disease outbreaks threaten other nurseries, affected plant material may be quarantined or destroyed.
The Government is empowered to regulate or prohibit the cultivation, import, export, or movement of horticultural plants and plant material of unknown pedigree or those affected by infectious pests and diseases. Such powers are intended to preserve the quality and health of horticultural resources in the state.
To ensure compliance, the Competent Authority and authorized officers have the power to enter nurseries, inspect plant material, examine records, and question individuals connected with nursery operations. Owners and employees are legally obligated to cooperate during inspections and provide all necessary information and documentation.
The Act prescribes stringent penalties for violations. Any person who contravenes its provisions or obstructs officials in the discharge of their duties may face imprisonment of up to one year, a fine of up to one lakh rupees, or both. Companies can also be held liable, and directors or managers may be punished if the offence occurred with their consent, connivance, or negligence.
Consumer protection is another important objective of the Act. If a nursery sells plant material that is not genuine or does not match the description provided in the bill or invoice, the owner becomes liable for punishment. Additionally, compensation may be awarded to the purchaser. For horticultural plants other than ornamental plants, compensation may extend up to twice the cost of cultivation. For ornamental plants, compensation may amount to double the purchase cost, based on recommendations of a committee constituted by the Competent Authority.
The Act further provides that authorized officers are deemed public servants, protects actions taken in good faith, empowers the Government to frame rules, and allows it to remove implementation difficulties during the initial years of enforcement. Finally, it repeals the Haryana Fruit Nurseries Act, 1961 while preserving actions already taken under that law.
In conclusion, the Haryana Horticulture Nurseries Act, 2025 establishes a modern regulatory regime for horticulture nurseries by emphasizing licensing, quality control, disease management, traceability, consumer protection, and accountability. The legislation aims to strengthen the horticulture sector in Haryana by ensuring that farmers and consumers receive reliable, healthy, and high-quality planting material.
Suggestive Reading
The Haryana Horticulture Nurseries Act, 2025 (HARYANA ACT NO. 17 OF 2025).
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Law Justified Magazine is an open access, monthly, digital magazine, which publishes on legal issues majorly focusing on current legal developments for practitioners and professionals.
Frequency | Monthly
Mode | Online
Scope | Law
Language | English
Article Type | Short Article | Commentary
Starting Year of Publication | 2025 (November)