Union of India - Act
The Plants, Fruits And Seeds (Regulation Of Import Into India) Order, 1989
UNION OF INDIA
India
India
The Plants, Fruits And Seeds (Regulation Of Import Into India) Order, 1989
Rule THE-PLANTS-FRUITS-AND-SEEDS-REGULATION-OF-IMPORT-INTO-INDIA-ORDER-1989 of 1989
- Published on 27 October 1989
- Commenced on 27 October 1989
- [This is the version of this document from 27 October 1989.]
- [Note: The original publication document is not available and this content could not be verified.]
22.
/983In 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 supersession of the Plants, Fruits and Seeds (Regulation of Import into India) Order, 1984, except as respects things done or omitted to be done before such supersession, 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. Definitions .-In this Order, unless the context otherwise requires,-
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:-
Chapter III
4. Special conditions .-(1) In addition to the general conditions specified in Chapter II, the articles hereinafter mentioned shall be imported subject to special conditions prescribed for them in Schedule II, namely:-
(i)All species of Allium;(ii)Cacao and all species of Sterculiaceae and Bombacacae;(iii)All species of Citrus;(iv)Coconut, seeds and all species of Cocos;(v)Coffee plants and seeds, and all species of Coffee;(vi)Cotton seeds, and all species of Gossypium;(vii)Seeds of forest trees;(viii)Groundnut seeds, and all species of Araches;(ix)Bucrene and all species of Medicago;(x)Potato and all species of Solanum;(xi)Rubber and all species of Hevea;(xii)Sugarcane and all species of Saccharum;(xiii)Tobacco and all species of Nicotiana;(xiv)Berseem and all species of Trifolium;(xv)Sunflower and all species of Helianthus;(xvi)Wheat and all species of Triticum;(xvii)Paddy and all species of Oryzae;(xviii)Cuttings, saplings and bud-woods of flowers or ornamental plants;(xix)Seeds and the plant material of fruits.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 3.6. 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.
8. The importer shall inform in advance the Designated Inspection Authority having jurisdiction, about the time of planting of such material.
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 observance of general terms and conditions governing the approval of the Post-entry Quarantine. Such inspections 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.
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.
14. The memorandum of appeal shall set out the grounds on which the decision is challenged and shall be accompanied by a Treasury Challan evidencing the payment of a fee of Rs. 10.
15. The Plant Protection Adviser may, at any time, call for the records relating to any case pending before the Designated Inspection 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 relation 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 relation to the import of any consignment.
FORM-A[Clause 3(2)(i)]Application For Permit To Import Seeds/fruits/plants For ConsumptionToThe 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.Place:Date:.................................................Signature of the importer or his authorised agent.Name and postal address of the importer or his authorized agent.FORM B[See Clause 3, condition (2)]Application For Permit To Import Seeds And Plants For Sowing/plantingTo,The Competent Authority,____________________________________________The undersigned hereby applies for a permit authorizing the import of Seeds/Plants as per details given below :-(Please type/write in BLOCK LETTERS)1. Name and address of importers:
2.
| Sl. No. | Exact description of seeds/plant to be imported (state commercial and botanical name) | Name ofhybrid/variety | No. ofpackages | Total weight or total No. of propagating material |
| 1 | 2 | 3 | 4(a) | 4(b) |
3. Catalogue of seeds producer establishing identity of the seed/planting material to be imported: [Photo copy of cover page and the relevant portion, if original catalogue cannot be furnished/photocopies of documents establishing identity of the seeds/planting materials]
4. Name and address of the producing company:
5. Name and address of consignor:
6. Country and locality in which seed planting material Grown:
7. Foreign port of shipment:
8. Approximate date of arrival of consignment in India and name of Air/Seaport/Land Custom Station. [Strike out whichever is not applicable]
9. Number and date of registration certificate from National Seeds Corporation /State Director of Agriculture/Horti-Culture/Central/State Govt. Authorities (alongwith a photocopy): [Only for Food Processing Industries]
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 :
12. 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:Date:..................................................Signature of the Importer or his authorized agent.FORM C[See clause 3(3)](National Emblem)Government of IndiaMinistry Of Agriculture(Department of Agriculture & Cooperation)Directorate of Plant Protection, Quarantine & StorageN.H.IV, FaridabadPermit For Import Of Fruits/seeds/plants For ConsumptionPermit 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 :
The consignment should be -3. Quantity and description:
4. This permit is not transferable.
Place.............Date..............................................Signature of the Competent Authority(SEAL)Copy to :-1. Permission is hereby granted to..................................(Name and address of the importer or his authorised agent) to import by air/sea/land the plants/seeds 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 :-
| Sl. No. | Exact description of plants/seeds to be imported (state commercial and botanical name) | Name of hybrid/variety | Quantity | |
| No. of packages | Total weight or total No. of propagating material | |||
| 1 | 2 | 3 | 4(a) | 4(b) |
2. Catalogue of seeds producer establishing identity of the seed/planting material to be imported.
3. Name and address of the producing company.
4. Name and address of consignor.
5. Country and locality in which seed/planting material Grown.
6. Foreign port of shipment.
7. Approximate date of arrival of consignment in India and name of Air/Seaport/Land Custom Station. [Here specify the country of origin.]
8. Number and date of registration certificate from National Seeds Corporation/State Director of Agriculture/HortiCulture/Central/State Govt. Authorities (alongwith a photocopy) [Only for Food Processing Industries.]
9. Number and date of import licence for commercial import of seeds of coarse cereals, oil seeds and pulses (photo copy to be attached).
10. Only for imports for which post entry quarantine/inspection is prescribed
2. The consignment of plants/seeds should be, -
3. The plants/seeds should be grown under post-entry quarantine approved by the Plant Protection Adviser at....................... (Name and address of location) for a period not exceeding.................................... days.
4. Quantity and description :
5. This permit is not transferable.
Place...............Date....................................Signature of the Competent Authority(SEAL)Copy to:-| (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.ForeignPortof shipment | : |
| 8. Approximate date of arrival of consignment inIndiaand Name of the airport or seaport or Land Customs Station | |
| 9. Specific location where consignment will be utilized | : |
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, from ______________________________________ (Name and address of consignor) through land custom station/air/seaport 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 where import will be made | : |
| 3. Mode of packing of consignment | : |
| 4. Specific purpose of import | : |
| 5.ForeignPortof shipment | : |
| 6. Specific location where consignment will be utilized | : |
| 7. This permit is not transferable | : |