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Union of India - Section

Section 11 in Plant Quarantine (Regulation of Import into India) Order, 2003

11. [ Post-entry quarantine. [Replaced by Notification No. S.O. 2286(E), dated 4.6.2018.]

(1)Plants and seeds, which require post-entry quarantine as laid down in Schedule V and VI of this Order, shall be grown in Post-Entry Quarantine (PEQ) facilities duly established by importer at his cost, approved and certified by the Inspection Authority (IA) as per the guidelines prescribed by the Plant Protection Adviser.
(2)Nothing contained in Sub-clause (1) shall apply to the import of tissue-cultured plants that are certified virusfree as per Schedule-V and VI, but such plants, shall be subjected to inspection at the point of entry to ensure that the phytosanitary requirements are met with.
(3)Every application for certification of PEQ facilities shall be submitted to the Inspection Authority in Form PQ 18. The Inspection Authority if satisfied after necessary inspection and verification of facilities shall issue a certificate in Form PQ 19.
(4)Directorate of Plant Protection Quarantine and Storage (DPPQ&S) shall carry out audit of PEQ facilities jointly with concerned IA for its approval. The inspection will be carried out to establish the compliance of the facility with the relevant SOP.
(5)At the time of arrival of the consignment, the importer shall produce this certificate before the Officer-in- Charge of the Plant Quarantine (PQ) Station at the entry point along with an undertaking in Form PQ 20.
(6)Where the Officer-in-Charge of the Regional Plant Quarantine Station, after inspection of the consignment is satisfied, shall accord provisional clearance under PEQ on the production, by an importer, of a certificate from the Inspection Authority with the stipulation that the plants shall be grown in such PEQ facility for the period specified in the PQ Order.
(7)After according provisional release under post-entry quarantine, the Officer-in-Charge of the Regional Plant Quarantine Station at the entry point shall inform the Inspection Authority, having jurisdiction over the postentry quarantine facility, of their arrival at the location where such plants would be grown by the importer.
(8)Consignment or part thereof shall not be removed from the designated PEQ facility by way of donation/ distribution/ sale etc. until such time the consignment is granted final clearance by Plant Protection Adviser or the officer authorized by him.
(9)It shall be the responsibility of the importer or his agent —
(i)to intimate the Inspection Authority in advance about the date of planting of the imported plant or seed.
(ii)not to transfer or part with or dispose the consignment during the pendency of PEQ except in accordance with a written approval of Inspection Authority.
(iii)to permit the Inspection Authority complete access to the PEQ facility at all times and abide by the instructions of such Inspection Authority.
(iv)to maintain an inspection kit containing all requisite items to facilitate nursery inspection and ensure proper plant protection and upkeep of nursery records.
(v)to extend necessary facilities to the Inspection Authority during his visit to the nursery and arrange destruction of any part or whole of plant population when ordered by him in the event of infection or infestation by a quarantine pest, in a manner specified by him.
(10)The Inspection of the consignment in PEQ facility shall be carried out at frequent interval by IA jointly with the nominated Officers of DPPQS. The frequency of the inspections shall be decided considering the growing period of the consignment subject to a minimum of two inspections out of which one inspection shall invariably at the end of PEQ period of the plant species concerned in accordance with the guidelines issued by the Plant Protection Adviser, with a view to detect any pests and advise necessary phytosanitary measures to contain the pests.
(11)Where the plants in the PEQ are found to be affected by pests and diseases during the specified period the inspection authority shall: -
(i)Order the destruction of the affected consignment of whole or a part of the plant population in the PEQ if the pest or disease is exotic, or
(ii)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 PEQ only after curative measures have been observed to be successful. Otherwise, the plants shall be ordered to be destroyed.
(12)Where destruction of any plant population is ordered by the Inspection Authority, the importer shall destroy the same in the manner as shall be directed by the IA and under his supervision
(13)At the end of final inspection, the Inspection Authority shall forward a copy of the report of PEQ inspection duly signed by him to the Plant Protection Adviser under intimation to officer-in-charge of concerned PQ station.
(14)Final decision regarding release of the consignments shall be granted only by Plant Protection Adviser or the officer authorized by him taking into consideration of inspection report.
(15)Proper record of each inspection visit shall be maintained by IA.
(16)The importer shall be liable to pay the prescribed fee for inspection of plants in the PEQ facility as laid down in Schedule-IX.] [Replaced by Notification No. S.O. 2286(E), dated 4.6.2018.]