MINISTRY OF AGRICULTURE

(Department of Agriculture & Cooperation)

New Delhi, the 27^th October, 1989

NOTIFICATION

S.O.867 (E) – In exercise of the powers conferred by sub-section (1) of section 3 of the Destructive Insects and Pests Act, 1914 (2 of 1914), and in suppression n of Plants, Fruits and Seeds (Regulation of import into India) Order 1984, except as respects things done or omitted to be done before such suppression, the Central Government hereby makes the following order for the purpose of prohibiting and regulating the import into India of agricultural articles mentioned herein, namely: -

CHAPTER I

Preliminary

1.Short title and commencement. – This order may be called the Plants, Fruits and Seeds (Regulation of Import into India) Order, 1989.

(2) It shall come into force on the date of its publication in the Official Gazette.

2. Definition – In this order, unless the context otherwise requires, -

1. "Competent Authority" means an authority notified by the Central Government from time to time by notification in the Official Gazette;
2. "Designated Inspection Authority" means the authority notified by the Central Government from time to time through a notification to be published in the Official Gazette for the inspection of the plants grown in post entry quarantine facilities ;
3. "Entry Point" means sea port, airport or land customs stations through which import is permitted under this order ;
4. "Form" means form attached to this order ;

all types of grafts and other vegetatively propagated material utilized for sowing, planting or consumption;

13. "Schedule" means schedule annexed to this order ;
14. "Soil" includes earth, peat, compost, clay, sand or any medium capable of supporting life of plants and includes ballast or any soil for mineralogical or microbiological investigations or soil utilized for any other purpose.

CHAPTER II

3. General conditions for import – All consignments of plants, fruits and seeds (hereinafter referred to as ‘consignments’) shall be imported into India subject to the following conditions, namely: -

1. No consignment shall be imported into India without a valid permit issued under clause (3) ;
2. (i) All applications for a permit to import consignments by land, air or sea shall be sent in triplicate) at least one month in advance to the Competent Authority, and the application for the import of seeds, fruits and Plants for consumption shall be made in form ‘A’ and that for the import of seeds and plants for sowing or planting shall be made in form ‘B’ ;

(ii) A fee of Rs.50 shall be payable alongwith the application for the import of seeds, fruits and plants for consumption and Rs.100 for application for the import of seeds and plants for sowing or planting and the fee shall be payable in the form of Demand Draft payable to the Competent Authority having jurisdiction.

(3) (i) The Competent Authority shall issue permit in Form "C" for import of seeds and fruits for consumption and in Form "D" for import of seeds and plants for sowing or planting, if he is satisfied that the applicant meets all the necessary conditions;

(ii) The issue of permit may be refused or withheld by the Competent Authority after disinfestation, as may be considered necessary by him accord quarantine clearance for the entry of a consignment into India or require, in public interest, destruction of the consignment or return of the same to the country of origin;

(iii) Where fumigation or disinfestation or the; disinfection is considered necessary in respect of a consignment of plants, seeds and fruits of more than 1000 cubic metre in volume, the importer shall on his own or at his cost through an agency approved by the Plant Protection Adviser arrange for the fumigation, disinfection or disinfection of the consignment, under the supervision of an officer duly authorised by the Plant Protection Adviser in that behalf:

7. It shall be responsibility of the importer ,-
1. to bring the consignments to the concerned Plant Quarantine and Fumigation Station, or to places of inspection, fumigation or treatment as directed by the Plant Protection Adviser or the officer duly authorized by him;
2. to open, repack and load into or unload from the fumigation chamber and seal the consignments; and seal the consignments; and
3. to remove them after inspection and treatment, according to the directions issued by the Plant Protection Adviser or an officer duly authorized by him.

8. The consignments intended for other countries shall be allowed transit through or transshipment at air or sea ports or land customs stations, provided they are packed in such a manner as will not permit spillage of any soil or materials or escape of any pest, and subject also to the condition that they are not opened in any place in India.
9. No consignment shall be imported unless accompanied pained by an official Phytosanitary Certificate issued by the authorized officer of the country of origin of the consignment:

Provided that cut flowers, garlands, bouquets, fruits and vegetables weighing less than two kilograms

conditions specified in Chapter II, the articles hereinafter mentioned shall be imported subject to special conditions prescribed for them in Schedule II, namely :-

1. All species of Allium ;
2. Cacao and all species of Steruliaceae and Bombacacae;
3. All species of Citrus;
4. Coconut, seeds and all species of Cocos;
5. Coffee plants and seeds, and all species of Coffee;
6. Cotton seeds, and all species of Gossypium;
7. Seeds of forest trees;
8. Groundnut seeds, and all species of Araches.
9. Bucrene and all species of Medicago;
10. Potato and all species of Solanum;
11. Rubber and all species of Hevea;
12. Sugarcane and all species of Saccharum;
13. Tobacco and all species of Nicotiana;
14. Berseem and all species of Trifolium:
15. Sunflower and all species of Helianthus
16. Wheat and all species of Triticum;
17. Paddy and all species of Oryzae;
18. Cuttings, saplings and bud-woods of flowers or ornamental plants;
19. Seeds and the plant material of fruits.

2. Every consignment of the articles herein before mentioned shall be accompanied with the official Phytosanitary Certificate issued by the authorized officer of the country of origin of consignment, containing additional declarations that they are free from pests specified against them in column 4 of Schedule II.

CHAPTER IV

Post-entry Quarantine

5. Plants and seeds, which require Post-entry Quarantine as laid down in Schedule II of this order, shall be grown in Post-entry Quarantine facilities, approved and certified by the Designated Inspection Authority, to conform to the conditions laid down by the Plant Protection Adviser. The period for which and the conditions under which, the plants and seeds shall be grown in such facilities shall be specified in the permit granted under clause 3.

observance of general terms and conditions governing the approval of the Post-entry Quarantine. Such inspection shall be at the time of planting and at such intervals as may be considered necessary by the Designated Inspection Authority in accordance with the guidelines issued by the Plant Protection Adviser.

11. (i) The Designated Inspection Authority shall permit the release of plants from Post-entry Quarantine, if they are found to be free from pests and diseases for the period specified in the permit for importation.

(ii) Where the plants in the Post-entry Quarantine are found to be affected by pests and diseases during the specified period: -

1. the Designated Inspection Authority shall order the destruction or return to the country of origin of the affected consignment of whole or a part of the plant population in the Post-entry Quarantine if the pest or disease is exotic and
2. The Designated Inspection Authority shall advise the importer about the curative measures to be taken to the extent necessary, if the pest or disease is not exotic and permit the release of the affected population from the Post-entry Quarantine only after quarantine measures have been observed. Otherwise, the plants shall be ordered to be destroyed.

3. Where destruction of any plant population is ordered by the Designated Inspection Authority, the importer shall destroy the same in the prescribed manner under the supervision of Designated Inspection Authority.
4. 12. The importer shall be liable to pay the prescribed fee for inspection of plants in the Post-entry Quarantine facility as laid down in Schedule III.

CHAPTER V

Appeal and Revision

13. (i) If an importer is aggrieved by the decision of a Designated Inspection Authority regarding the destruction of any plant population, he may appeal to the Plant Protection Adviser within 7 days from the date of communication of the decision giving the grounds of appeal.

(ii) It shall lawful for the Plant Protection Adviser to relay on the observation of the

5. "Nursery" means any orchard, or any other place, facility, glass-house, screen house, utilized for raising plants ;
6. "Official Phytosanitary Certificate" means a phytosanitary certificate in the format (reproduced as Schedule I) prescribed by the International Plant Protection Convention sponsored by the Food and Agricultural Organization of the United Nations Organization and issued by the authorized officer of the country of origin of consignments ;
7. "Packing material" means the packing material consisting of saw dust, wood shavings, waste paper and synthetic material used for packing of plants fruits or seeds ;
8. "Pest" means any fruit or plant or animal life or any pathogenic agent, injurious or potentially injurious to plants or plant products and includes any insect, mite, nematode, snail, bacterium, fungus, virus, viroid, mycoplasma-like organism (MLO), phanerogam or weed ;
9. "Plant" means any plant or part thereof, whether living or dead, trees, shurbs, nursery stock, and includes all vegetatively propagated materials ;
10. "Plant Protection Adviser" means the plant Protection Adviser to the Government of India, Directorate of Plant Protection, Quarantine and Storage, N.H.IV, Faridabad ;
11. "Post-entry Quarantine" means growing of plants in isolation for any specified period in a glass-house, and facility, area of nursery, approved by the Plant Protection Adviser ;
12. "Seeds" means seeds of agricultural, horticultural, fruit and fodder crops, forest trees and includes seedlings and tubers, bulbs, rhizomes, roots, cuttings,

giving reasonable notice to the applicant and for reasons to be recorded in writing;

(iii) The import permit issued under this clause shall be valid for a period of six months provided that the Competent Authority may, on request, extent the period of validity for a further period of six months, for reasons to be recorded in writing;

(4)The Competent Authority shall forward to the importer an orange and green colour tag specified in form "E", in the case of permits issued for import of seeds and plants for sowing or planting so as to facilitate the identification of consignments at the time of their arrival at the land customs station or port of entry.

5. (I) All the consignments for consumption, sowing and propagation or planting shall be imported into India only through entry points notified by the Central Government from time to time in this behalf, provided that all consignments of dry fruits, fresh fruits and vegetables for consumption, imported from Afghanistan, Pakistan and a West Asian Countries by land shall be imported only through Attari-Wagha Border.

(ii) All consignments of plants and seeds for sowing and propagation or planting shall be imported into India through land customs stations, seaport, airport at Amritsar, Bombay, Calcutta, Delhi and Madras and such other entry points as may be specifically notified by the Central Government from time to time.

6. (i) The consignment, on arrival, at an entry point, shall be inspected by the Plant Protection Adviser or any other officer duly authorized by him in this behalf, in accordance with the guidelines issued by the Plant Protection Adviser from time to time.

(ii) The Plant Protection Adviser or the officer authorized by him may, after inspection, fumigation, disinfection or

imported for personal consumption may be allowed to be imported without a Phytosanitary Certificate or an import permit.

10. Consignments for import should be packed in the packaging materials envisaged as in clause 2(g) of this order. No consignment wherein hay or straw or any material of plant origin is used for packaging or as a part of packaging material shall be allowed to be imported.
11. Import of soil, earth, compost, sand, plant debris alongwith plants, fruits or seeds shall not be permitted except under the following conditions :-

1. The consignments of soil, earth , clay and similar material for any microbiological, soil-mechanics or minerological investigation and peat for horticultural may be permitted through specified air or sea ports or land custom station, on applications made for that purpose :
2. The application for the purpose referred to in (I) above shall be made to the Plant Protection Adviser, at least one month in advance, in form "F"
3. The Plant Protection Adviser may, after scrutiny of the application, and if satisfied of the purpose for which such consignment is being imported, issue special permit in Form "G"
4. The consignments shall be inspected, fumigated disinfected or disinfested, on arrival, by the Plant Protection Adviser or any other officer duly authorized by him in this behalf.

12. The importer of the consignments or his agent shall pay to the Plant Protection Adviser or any other officer duly authorized by him in this behalf, the fees prescribed in Schedule III to meet the cost of inspection, fumigation disinfestation, disinfection before the release of the consignments.

CHAPTER II

4. Special conditions; (I) In addition to the general

6. The Post-entry Quarantine facilities shall be established and provided by the importer or his agent at his own cost and these shall be ready for use at the time of arrival of the consignment in India. The importer shall obtain a certificate from the Designated Inspection Authority who, after inspection of the Post-entry Quarantine facilities, shall certify that such Post-entry Quarantine facilities have been duly established and provided in accordance with the guidelines of the Plant Protection Adviser. The importer shall produce this certificate before the Officer-in-charge of the Quarantine Station at the entry point, at the time of arrival of the consignment
7. (I) The Officer-in-charge of the Quarantine Station. If after inspection of the consignment is satisfied, shall accord quarantine clearance with Post-entry-quarantine condition on the production, by an importer, of a certificate from the Designated Inspection Authority as envisaged in clause 7, with the stipulation that the plants shall be grown in such Post-entry Quarantine facility for the period specified in the import permit.

(ii) After according quarantine clearance with Post-entry Quarantine conditions to the consignments of plants and seeds requiring Post-entry Quarantine, the officer-in-charge of the Quarantine Station at the entry point shall inform the Designated Inspection Authority, having jurisdiction over the Post-entry Quarantine facility of their arrival at the location where such plants would be grown by the importer.

8. The importer shall inform in advance the Designated Inspection Authority having jurisdiction, about the time of planting of such materials.
9. The importer shall permit to the Designated Inspection Authority complete access to the Post-entry Quarantine facility for the inspection of plants and shall, at all times, abide by his instructions concerning the plants in the Post-entry Quarantine.
10. The Designated Inspection Authority shall inspect the plants grown in the Post-entry Quarantine facility of the importer for the detection of the incidence of pests and diseases and

.

Designated Inspection Authority and such other expert opinion, as he may deem necessary, for deciding the appeal.

14. The memorandum of appeal shall set out the grounds on which the decision is challenge and shall be accompanied by a Treasury Challan evidencing the payment of a fee of Rs.10.00.
15. The Plant Protection Adviser may, at any time, call for the records relating to any case pending before the Designated Inspecting Authority for the purpose of satisfying itself as to the legality or propriety of any decision passed by that authority and may pass such order in relating thereto, as it thinks fit:Provided that no such order shall be passed after the expiry of three months from the date of the decision: Provided further that the Plant Protection Adviser shall not pass any order prejudicial to any person, without giving him a reasonable opportunity of hearing.

CHAPTER VI

16. Powers of Relaxation. –The Central Government

may, in public interest, relax any of the conditions of this order relating to the permit and the phytosanitary certificate in relating to the import of any consignment.

[No. 8-4/87-PP.I.]

B.NARASIMHAN. Jt.Secy.

FORM-A

[Clause 3(2)(i)]

APPLICATION FOR PERMIT TO IMPORT SEEDS/FRUITS/PLANTS

FOR CONSUMPTION

To

The Competent Authority

_____________________

_____________________

The undersigned hereby applies for a permit authorizing the import seeds/fruits for consumption as per details given below: -

(Please write/type in Block Letters)

1. Name and exact description of seeds/fruits/plants to be imported:
2. Description of the Consignment and Quantity:
3. Name and address of the consignor:
4. Name and address of the importer:
5. Country and locality in which grown or produced:
6. Foreign port of shipment:
7. Approximate date of arrival of the consignment in India:
8. Name of *Air/Sea Port/Land Customs Station of entry in India:

I undertake to produce an official Phytosanitory Certificate with additional declaration, if any as specified in the permit. I also undertake to pay to the Plant Protection Adviser or any officer duly authorized by him, the prescribed fees to meet the cost of inspection, fumigation, disinfestation and disinfection of the consignment referred to above.

Signature of the importer or his authorised agent.

Place:

Name and postal address of the importer or his authorized agent.

Date:

*Strike out whichever is not applicable.

 

FORM –B

[See Clause 3, condition (2)]

APPLICATION FOR PERMIT TO IMPORT SEEDS AND PLANTS FOR SOWING/PLANTING

To,

The Competent Authority,

______________________

______________________

The undersigned hereby applies for a permit authorizing the import of Seeds/Plants as per details given below: -

1. Name and address of importers: (Please type/write in BLOCK LETTERS)

2.

3. *Catalogue of seeds producer establishing identity of
4. the seed/planting material to be imported:
5. Name and address of the producing company:
6. Name and address of consignor:
7. Country and locality in which seed planting material
8. Grown:
9. Foreign port of shipment:

8. Approximate date of arrival of consignment in India

and name of **Air/Seaport/Land Custom Station:

9. Number and ate of registration certificate from National

Seeds Corporation/State Director of Agriculture/Horti-

Culture/Central/State Govt. Authorities (alongwith a

photo copy):

10. Number and date of import licence for commercial

import of seeds of coarse cereals, oilseeds and pulses

(photo copy to be attached):

11. ONLY FOR IMPORTS FOR WHICH POST ENTRY

QUARANTINE/INSPECTION IS PRESCRIBED

1.  
   1. Exact locality and its postal address where imported
   2. Seeds/plants will be grown:
   3. Names, postal address of Designated Inspection

Agency (DIA) under whose supervision imported

Seeds/plant will be grown:

4. DECLARATION

I declare that the information furnished is correct to the best of my knowledge and belief.

I undertake to produce an official Phytosanitary Certificate with additional declarations, if any,

as specified in the permit

I also undertake to pay to the Plant Protection Adviser or the officer duly authorized by him, the prescribed fees to meet the cost of inspection, fumigation, disinfestation and disinfection of the consignment referred to above.

Place:

Signature of the Importer or his authorized agent.

Date:

• Photo copy of cover page and the relevant portion, if original catalogue cannot be furnished/photo copies of documents establishing identity of the seeds/planting materials.

@ Only for Food Processing Industries.

**Strike out whichever is not applicable

 

FORM – C

[Clause 3(3)]

(National Emblem)

Government of India

MINISTRY OF AGRICULTURE

(Department of Agriculture & Cooperation)

Directorate of Plant Protection, Quarantine & Storage

N.H.IV.Faridabad

PERMIT FOR IMPORT OF FRUITS/SEEDS/PLANTS FOR CONSUMPTION

Permit No.__________________

Date________________________ Valid upto __________________

 

1. Permission is hereby granted______________________________________________________ _____________________________________________________________________________

(Name and address of the importer or his authorized agent)

to import by air/sea/land the plants/seeds fruits herein specified grown or produced in ________________

___________ from ________________________________________________________________________

(Name and address of the consignor)

through air/sea port /land custom station

_______________________

(Name of Port/Station)

As per following details: -

1. Name and exact description of seeds/fruits/plants/to be imported
2. Description of the Consignment and Quantity
3. Country and locality in which grown or produced.
4. Foreign Port of shipment
5. Specific purpose of import

1. The consignment should be :

1.  
   1. Accompanied by an official Phytosanitary Certificate issued by the authorized officer of the country of origin (i.e.*
   2. the official Phytosanitary Certificate shall also contain the following additional

declarations: -

Note : -(1) The importer or his authorized agent shall produce this permit for inspection by the Plant Protection Adviser or an officer authorized by him at the time of arrival of the consignment at the land customs station or port of entry.

1. THE IMPORTER SHALL INTIMATE IMMEDIATELY TO THE PERMIT ISSUING AUTHORITY OF ANY CHANGE OF ADDRESS

• Here specify the country of origin

The gazette of India; extraordinary [part ii-sec-3 (ii)]

________________________________________________________________________________

FORM –I

[Clause 3(4)]

FACE OF TAG

This package contains perishable plants/seeds

Rush and Deliver to:

The Officer In-charge

Plant Quarantine & Fumigation Station,

______________Airport/seaport/Land Customs Station

Signature of competent Authority

REVELRSE OF TAG

______________________________________________________________________________________

Permit NO______________________________Valid upto_______________________________________

Directions for sending plants/seeds

Under this tag only materials covered by

Permit the number of which it bears should be booked

Any other material may be confiscated

Place inside the package the importer’s name and address, the invoice, and an official Phytosanitary Certificate issued by authorized officers of your country. In case of import by sea rush all documents to consignee by air.

Attach Tag securely to consignment.

FORM – F

[Clause 3(II)(ii)

APPLICATION FOR IMPORT OF SOIL/PEAT

To

The Plant Protection Adviser to the Government of India

Directorate of Plant Protection

Quarantine & Storage

N.H.IV.Faridabad

The undersigned here applies for a special permit authorizing import of soil/peat as per details given below: -

(IN BLOCK LETTERS)

1. Exact details of the quantity of soil/ peat to be import :
2. Details of location (village, town, district, country) from where import will be made :
3. Mode of packing of consignment:
4. Specific purpose of import:
5. Name and address of the consignor:
6. Name and address of the importer:
7. Foreign Port of shipment:
8. Approximate date of arrival of consignment in India and
9. Name of the airport or seaport or Land Customs Station:
10. Specific location where consignment will be utilized:

I undertake to pay to the Plant Protection Adviser or any officer duly authorized by him prescribed fees to meet the cost of inspection, fumigation, disinfestation or disinfection of the consignment referred above.

Signature of the importer or his authorized agent.

Place:

Named and postal address of the import or his authorized agent

Date:

 

FORM –G

[Clause 2(11)(iii)]

Government of India

(Ministry of Agriculture and Cooperation)

Directorate of Plant Protection, Quarantine & Storage

N.H.IV, Faridabad-12 001

SPECIAL PERMIT FOR IMPORT OF SOIL /PEAT

Special Permit No._____________________________ Valid upto ___________________________

Date: ________________

1. Permission is hereby granted to ___________________________________________________________

__________________________________________________________________________________________

(Name and address of importer or his authorized agent)

to import by land/airport/sea the soil/peat, as per details given below, form ______________________________

___________________________________________________________________________________________

(Name and address of consignor)

through land custom station/air/sea port of ________________________________________________________

(Name of the land)

_________________________________________ as per following details: -

(Custom Station/air Sea ports).

1. Exact details of the quantity of soil/peat to be imported :
2. Details of location (village, town, district, country) from
3. Where import will be made:
4. Mode of packing of consignment :
5. Specific purpose of import:
6. Foreign Port of shipment:
7. Specific location where consignment will be utilized:
8. This permit is not transferable :

Signature of the Plant Protection Adviser to the Government of India

Place:

Date:

(SEAL)

 

 

Copy to: -

1. The Collector of Customs __________________________________________________________
2. (Address of the Collector of Customs)
3. The Officer-in-Charge, Plant Quarantine & Fumigation Station, ___________________________________

____________________________________________________________________

(Name and address of the station)

Note 1: The importer or his authorized agent shall produce this permit for inspection by the Plant Protection Adviser or any officer duly authorized by him at the time of arrival of the consignment at the land custom station or port of entry.

Note: THE IMPORTER SHALL INTIMATE IMMEDIATELY TO THE DIRECTORATE OF PLANT PROTECTION, QUARANTINE AND STORAGE OF ANY CHANGE OF ADDRESS

 

SCHEDULE –I

[CLAUSE 2(1)]

OFFICIAL PHYTOSANITARY CERTIFICATE

Plant Protection Organization of ______________ No.____________

(Name of the country)

To

The Plant Protection Adviser to the Govt. of India

Dte. of Plant Protection, Quarantine & Storage

N.H.IV.Faridabad-121001

(India)

DESCRIPTION OF CONSIGNMENT

Name and address of the exporter ____________________________________

Declared name and address of consignee ____________________________________

Number and description of packages; _____________________________________

Distinguishing marks: _____________________________________

Place of origin ____________________________________

Declared means of conveyance ____________________________________

Declared port of entry/land custom station ____________________________________

Name of the produce and the quantity declared : ___________________________________

Commercial and Botanical names of the plants/seeds/fruits________________________________

This is to certify that the plants or plant products described at above have been inspected and free from quarantine pests and substantially free from other injurious pests; and that they are considered to Phytoanitary regulations of the importing country.

DISINFESTATION AND/OR DISINFECTION TREATMENT

Date_____________ Treatment_______________

Chemical (active ingredient)_______________________Duration and temperature________________

Concentration_________________________________Additional information__________________

Additional declaration

(Stamp of Organization_

Place of Issue: _________________________________________

Name of the authorized officer____________________________

Signature

Date ________

No financial liability with respect to this certificate shall attach to _____________(Name of the Plant Protection Organization)_________________or any of its officers or representative. ______________________

*Option clause.

SCHEDULE – II

[Clause 4 ]

Conditions, for import of plants, seeds for sowing, planting and consumption

SCHEDULE-III

A-INSPECTION FEES

[ Clause 3(12) and 12 ]

B. FUMIGATION/DISINFECTION/DISINFESTATION/SUPERVISION CHARGES

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