3.  Permit for Import of plants, plant products etc.

(i)  No consignment of plants or plant products or other regulated articles (hereinafter referred to as ‘consignments’) shall be imported into India without a valid permit issued under this Order.

(ii)  No categories of plant materials in respect of the plant species or variety mentioned in Schedule IV shall be allowed to be imported into India from the countries mentioned against each in column (4) of the said Schedule.

(iii) Every application for a permit under this clause shall be made at least seven days in advance to the concerned Issuing Authority as listed in Schedule X, in Form PQ 01for the import of plants and plant products for consumption and processing and in Form PQ 02 for import of seeds and plants for propagation covered under Schedules-V,VI and VII.

(iv) Commercial import of consignments of seeds of coarse cereals, pulses, oil seeds and fodder seeds and seeds/stock material of fruit plant species for propagation shall only be permitted based on the recommendations of EXIM Committee of Department of Agriculture and Cooperation, except the trial material of the same as specified in Schedule-XII of Plant Quarantine Order.

(v)  A fee of Rs.150/- shall be payable along with the application for the import of seeds, fruits and plants for consumption and Rs.300/- 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.

(vi) The Issuing Authority as listed in Schedule X shall issue permit in     quadruplicate in Form PQ 03 for import of plants and plant products for consumption and in form PQ 04 for import of seeds and plants for sowing or planting, if he is satisfied that the applicant meets all the necessary conditions. One copy of import permit shall be forwarded to the exporter in advance to facilitate incorporation of import permit number in the phytosanitary certificate issued by the exporting country. The import permit shall be issued subject to such restrictions and conditions prescribed under Schedules- V,VI and VII.

(vii)  No import permits shall be issued for consignments other than those listed in Schedules-V, VI and VII, unless the pest risk analysis (PRA) is carried out in accordance with the guidelines issued by the Plant Protection Adviser (PPA) based on the international standards and subject to such restrictions and conditions specified therein.  For this purpose the importer shall file an import PRA request form with PPA.  The process of PRA involves the categorization of pests associated with the commodity into quarantine pests; evaluation of their introduction potential; critical assessment of economic and environmental impact of their introduction; and specification of risk mitigating measures against them.  The completion of PRA process may involve the visit of phytosanitary experts to the country of export to carry out pre-shipment inspections including field inspections, evaluate post-harvest treatment technologies and quarantine inspection and certification facilities and methodologies.  In the event of interception of a quarantine pest in an imported consignment, further import of consignments shall be suspended until earlier PRA in respect of the consignment is reviewed and the risk mitigating measures are evaluated. 

(viii)  The issue of permit may be refused or withheld by the Issuing Authority after  giving reasonable notice to the applicant and for reasons to be recorded in writing;

(ix)       The import permit issued shall be valid for six months from the date of issue and valid for a total of three part shipments provided the exporter, importer and country of origin are the same for the entire consignment. The Issuing Authority may, on request, extend the period of validity for a further period of six months after charging Rs. 200/- and Rs. 100/- as revalidation fee for propagation and consumption plant material respectively provided such request for extension of validity is made to the Issuing Authority before the expiry of the permit with adequate reasons to be recorded in writing. The quantity mentioned in the import permit if exceeds by up to 10% may be allowed by charging the additional inspection fee and import permit fee provided the excess quantity reflected in the Phytosanitary certificate from the country of exporting. The import permit will become invalid if quantity exceeds more than 10% of the quantity of import permit. Suppression of the facts or any material information while issue of import permit is liable to be cancelled/withdrawn.

(x) The import permit issued shall not be transferable and no amendments to the permit shall be issued except for change of point of entry subject to reasons to be recorded in writing.

(xi) An orange and green colour tag shall be issued in Form PQ 05 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 point  of entry.

(xii) No consignment of seed or grain shall be permitted, to be imported with  contamination of  quarantine weeds which are listed in Schedule-VIII unless the said consignment  has been devitalized by the exporting country and a certificate to that effect has been endorsed in the phytosanitary certificate issued  by the exporting country. Every application for quarantine inspection and clearance shall be made in Form PQ 15. 

(xiii) All the consignments of plants and plant products including cotton and other regulated articles shall be imported into India only through ports of entry as specified in Schedule-I and Inland Container Depots or Container Freight Stations and Foreign Post Offices falling within the jurisdiction of  concerned  plant quarantine station  operating here under or those notified by the Central Government from time to time in this behalf.

(xiv)   All the consignments of seeds and plants for propagation and regulated articles such  as  live insects, microbial cultures, bio-control agents and soil shall only be imported  into India through Regional Plant Quarantine Stations of Amritsar, Chennai, Kolkata, Mumbai or New Delhi or through any other point of entry as may be notified by the Central Government from time to time for the purpose; 

                                   Provided that no import of germplasm and transgenic plant material and  genetically modified organisms shall  be permitted except through New Delhi  Airport. 

(xv)  On arrival at the first point of entry the consignment shall be inspected by the Plant Protection Adviser or any other officer duly authorized by him in this behalf and appropriate samples shall be drawn for laboratory testing, in accordance with the guidelines issued by the Plant Protection Adviser from time to time.

(xvi)  The Plant Protection Adviser or the officer authorized by him may, after inspection and laboratory testing, fumigation, irradiation, disinfections or disinfestations, as  may be considered necessary by him, accord quarantine clearance for the entry of a consignment or grant provisional clearance for growing under post-entry quarantine, as the case may be, in Form PQ 16 and or order deportation or  destruction  of the consignment in Form PQ 17 in the event of non- compliance with the  restrictions and conditions specified in this Order.

(xvii) Where fumigation or disinfestations or disinfections is considered necessary in respect of a consignment of plants, seeds and fruits, the importer shall on his own and at his cost arrange for the fumigation, disinfection or disinfestations of the consignment, through an agency approved by the Plant Protection Adviser under the supervision of an officer duly authorized by the Plant Protection Adviser in that behalf.      

             “Provided that where irradiation is considered necessary in respect of any consignment of fresh fruits or vegetables or other plant products, the same shall be carried out by the importer at his own cost, at an irradiation facility, established as per the regulations of the “Atomic Energy Regulatory Board” and duly approved by the “Plant Protection Adviser” to the Government of India (PPA) under the International Standards established under the “International Plant Protection   Convention” and at the scheduled dosage approved by the Plant Protection  Adviser under the supervision of an officer authorized by him, where necessary”

(xviii) It shall be the responsibility of the importer or his authorized agent. –

    (a)      to file an application for the quarantine inspection of imported seeds, plants and plant products or other regulated articles in Form PQ 15 along with copies of relevant documents and fees as prescribed under Schedule-IX payable by a demand draft to the competent authority;

    (b)     to provide information on any plant and plant product and other articles covered under this Order and  which are imported by him or are in his  possession to the Plant Protection Adviser or any  officer duly authorised by him;

    (c)     to bring the consignments to the concerned plant quarantine station or to the place of inspection, fumigation or treatment as directed by the Plant  Protection Adviser or the officer duly authorised by the Plant Protection Adviser in this behalf;

    (d)     to permit drawing  of appropriate  samples for inspection and laboratory investigation and extend necessary facilities towards the same;

     (e)       to open, repack and load into or unload from the fumigation chamber and seal the consignment;

     (f)    to remove them after inspection and treatment according to the directions issued  by the Plant Protection Adviser or any officer authorized by him;

    (g)   to arrange deportation or destruction of the consignment at the cost of importer as may be deemed necessary by the Plant Protection Adviser or an officer authorized by him

(xix)  No consignment or container carrying plants and plant products intended for other countries shall be allowed transit through or transshipment at air or sea ports or land customs stations, unless they are packed in such a manner so as not to permit spillage of material or contamination with soil or escape of any pest, and subject to the condition that the package or container shall not be opened or seals broken any where in India.

(xx) No consignment shall be imported unless accompanied by a Phytosanitary Certificate issued by an authorized officer at the country of origin in the form PQ 21 or at the  country of re-export in Form PQ 22;

           Provided that cut flowers, garlands, bouquets, fruits, vegetables, nuts and the like weighing less than two kilograms imported for personal consumption may be allowed to be imported without a  Phytosanitary Certificate or an import permit 

(xxi) No consignments packed in any packaging material shall be permitted to be imported unless  appropriately treated.  The treatments shall include heat-kiln treatment at 56⁰C for 30 minutes  or equivalent thereof or Methyl Bromide fumigation at 48 g/cum at 28^o C for 32 hours or equivalent thereof or chemical  impregnation  of wood with wood preservatives such as copper chrome arsenic or any other approved treatment as  per international standards and the treatment to be endorsed in the phytosanitary certificate.

(xxii) No article packed with the packaging materials shall  be released by the proper officers of  customs unless the consignment is accompanied by a phytosanitary certificate in respect of the said packaging material:

                Provided that if no phytosanitary certificate is furnished in respect of the said packaging material, the proper officer of customs shall grant out of charge only after clearance is  obtained from the local plant quarantine authorities, who shall grant clearance from the uarantine angle and may, if deemed fit, subject the said packaging material to treatment at   the expense of the importe

                    Provided further that nothing contained in this clause shall be applicable to packaging materials in respect of bonafide passenger baggage containing goods other than plant and  plant products.

(4)  Import of Soil , etc. -No import of soil, earth, compost, sand, plant    debris along with plants, fruits  or seeds shall  be permitted except under the following conditions:

 (i)  The consignment of soil, earth, clay and similar material for any microbiological, soil-mechanics, or mineralogical 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 permission under this clause shall be made to the Plant Protection Adviser, at least one month in advance, in Form PQ 06 along with a registration fee of Rs. 200/- by a bank draft drawn in favour of Accounts Officer, Directorate of Plant Protection, Quarantine and Storage, N.H.IV., Faridabad-121001.

(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 PQ 07.

(iv)   The consignments of  soil, peat or sphagnum moss etc., shall be inspected by the Plant Protection Adviser or any other officer duly authorized by him in this behalf and shall be got fumigated,  disinfected or disinfested by the importer from an agency approved by the Plant Protection Adviser under the supervision of an officer duly authorized by the Plant Protection Adviser .

5.  Fees for inspection, fumigation, etc. - The importer of the consignment 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 IX towards inspection, fumigation, disinfestations, disinfections of  consignment.

6. Permit required for import of Germplasm, Transgenic or Genetically    Modified  Organisms -

(i)   No consignment of Germplasm or Transgenics or Genetically Modified organisms (GMOs) shall be imported into India for research or experimental purpose without a valid permit issued by the Director, National Bureau of Plant Genetic Resources , New Delhi -110012.

(ii)  Every application for import of Plant, Germplasm or Transgenic or Genetically Modified Organisms for research/experimental purpose by the public or private organizations shall be made to the Director, National Bureau of Plant Genetic Resources , New Delhi in Form PQ 08 and the permit shall be issued in Form PQ 09 in triplicate and a red/green tag in Form PQ 10 for Germplasm and a Red/White tag in Form PQ 11 for Transgenic/Genetically Modified Organism.  Such permit for import of Transgenic/Genetically Modified Organism  shall be issued subject to the approval of Review Committee on Genetic Manipulation (RCGM) set up by the Department of Biotechnology under the provisions of Sub-rule (2) of rule 4 of the Rules for the manufacture, use, import, export and storage of hazardous micro-organism, Genetically engineered organisms or cells made under Sections 6,8 and 25 of the Environment (Protection) Act, 1986 (29 of 1986) and subject to such restrictions and conditions prescribed thereof.

(iii)  No imported consignments of plant  germplasm or transgenics or genetically modified pests shall be opened at the point of entry and it shall be forwarded to the Director, National Bureau of Plant Genetic Resources, New Delhi.

7.  Permit required for import of live insects and microbial cultures -

(i) No consignment of live insects, microbial cultures including mushroom or bio-control agents shall be permitted  to be imported into India without a valid import permit issued by the Plant Protection Adviser

(ii) Every application for permit to import insects  or microbial cultures including  mushroom, algae or bio-control agents, shall be made in Form PQ12 at least thirty days in advance to the Plant Protection Adviser along with a fee of Rs. 200/- towards registration fee in the form of bank draft issued in favour of the Accounts Officer, Directorate of Plant Protection, Quarantine and Storage, Faridabad-121001.

(iii) The Plant Protection Adviser shall issue the permit in Form PQ13 in triplicate, if satisfied of the purpose for which import is made and subject to such conditions imposed thereon.  A yellow-green colour tag or label in the Form PQ14 shall be issued which shall be affixed on the parcel at the time of export.

(iv)   All the consignments of insects, microbial cultures including  mushroom and bio-control agents shall be permitted only through specified points of  entry.  The consignment of beneficial insects shall be accompanied by a certificate issued by National Plant Protection Organisation at the country of origin with additional declarations for freedom from specified parasites and parasitoids and the bio-control agents free from hyper-parasites. The consignment of beneficial insects or bio-control agents shall be subjected to post-entry quarantine by the Plant Protection Adviser.

8.      Permit required for import of plants and plant products -

(i)    No consignment of plants and plant products, if found infested or infected with a quarantine pest or contaminated with noxious weed species shall be permitted to be imported.

(ii) Every vessel carrying  bulk shipment of grains shall be inspected on board by  an officer duly authorized by the Plant Protection Adviser before the same is accorded permission to off-load the grain at the notified port of entry. On inspection, if found free from quarantine pests and noxious weed species, permission shall be accorded to off-load the grain at the port or order fumigation/treatment of grain on board or immediately upon unloading at the port, as the case may be, before such permission is granted for movement outside the port and subject to such conditions as may be imposed thereon.

(iii) The bulk shipment(s) of transgenic plants or plant products or genetically modified organisms shall be dealt as per the provisions of the Rules for the manufacture, use, import, export and storage of hazardous micro-organism, Genetically engineered organisms or cells made under Sections 6,8 and 25 of the Environment (Protection) Act, 1986 (29 of 1986) or under the Mechanism established as per the provisions of Biosafety Protocol by the Ministry of Environment and Forests.

9.      Permit for import of timber –

 The following sub-clause shall be inserted with effect from the 1^st day of April, 2004, namely:- 

(i)  No consignment of timber, except in the case of Agar wood, shall be permitted import unless one of the following conditions and requirements are fulfilled, namely:-

(a)    the timber shall  be stripped of its bark, either be squared or rounded and accompanied by an official statement that the wood has been fumigated/ treated and such treatment shall be endorsed in the phytosanitary certificate issued at the country of origin or re-export, as the case may be; or

(b)  the timber shall be appropriately ‘kiln-dried’ and marked as having been ‘kiln-dried’ with an internationally recognized mark; or

(c)    if it is necessary to import the timber with bark,  then, apart from being accompanied by an official statement that the said timber has been fumigated or treated and such treatment endorsed in the phytosanitary certificate issued at the country of origin or re-export, as the case may be, the timber shall, upon arrival into India, be inspected and if found necessary fumigated or treated at the cost of the importer through an agency approved by the Plant Protection Adviser under the supervision of an officer duly authorized by the Plant Protection Adviser in that behalf, provided that the conditions and additional declarations applicable to the said timber, if and as prescribed in any of the Schedules to this Order, shall also apply to such consignment.

  (ii) All the consignments of timber shall be inspected on board prior to unloading at the port of arrival by an officer duly authorised by the Plant  Protection Adviser and, if necessary, fumigated or treated on board before unloading:

                             Provided that this condition shall not apply for containerized cargo, which shall be inspected by an authorized Plant Quarantine Officer after unloading of the containers from the ship at the port or container freight station or Inland Container Depots under the jurisdiction of concerned Plant Quarantine Station.

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