Section 3 in The Plants, Fruits And Seeds (Regulation Of Import Into India) Order, 1989
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)[ Each application shall be accompanied by a registration fee of Rs. 150 (rupees one hundred fifty) for the import of seeds, fruits, plants and plant products for consumption or processing and Rs. 300 (rupees three hundred) for the import of seeds, plants and planting material for sowing or planting, in the form of a bank demand draft in favour of the Pay and Accounts Officer concerned.](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 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, extend 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 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 station, 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 authorised 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 authorised by him may, after inspection, fumigation, disinfection or 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 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, disinfestation 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 the responsibility of the importer,-(a)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 authorised by him;(b)to open, repack and load into or unload from the fumigation chamber and seal the consignments; and(c)to remove them after inspection and treatment, according to the directions issued by the Plant Protection Adviser or an officer duly authorised by him.(8)The consignments intended for other countries shall be allowed transit through or transhipment 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 material 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 by an official Phytosanitary Certificate issued by the authorised officer of the country of origin of the consignment:[Provided that plants, fruits, seeds and any other material of plant origin imported for consumption shall be allowed to be imported without an import permit:] [Added by S.O. 523(E), dated 16.7.1993 (w.e.f. 16.7.1993). ][Provided further that the mushroom spawn culture shall be allowed to be imported by 100 per cent. export oriental units without an import permit:] [ Substituted by S.O. 56(E), dated 20.1.1992 (w.e.f. 20.1.1992).][Provided further that such material imported as accompanied baggage and through International postal channels shall be allowed to be imported without a Phytosanitary Certificate or an import permit.] [Added by S.O. 523(E), dated 16.7.1993 (w.e.f. 16.7.1993). ](10)Consignments for import should be packed in the packaging material 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:-(i)The consignments of soil, earth, clay and similar material for any microbiological, soil-mechanics or minerological investigations and peat for horticultural purposes may be permitted through specified air or sea ports or land custom station, on applications made for that purpose.(ii)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.(iii)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.(iv)The consignments shall be inspected, fumigated, disinfected or disinfected, on arrival, by the Plant Protection Adviser or any other officer duly authorised 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 authorised 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.
