Plant Quarantine (Regulation of Import into India) Order, 2003 Sl-06

In exercise of the powers conferred by sub-section (1) of section 3 of the Destructive Insects and Pests Act, 1914 (2 of 1914), the Central Government hereby makes the following Order further to amend the Plant Quarantine (Regulation of Import into India) Order, 2003, namely:-

1. Short title and Commencement.- (1) This Order may be called the Plant Quarantine (Regulation of Import into India) (Sixth Amendment) Order, 2016.

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

2. In Chapter II of Plant Quarantine (Regulation of Import into India) Order, 2003, the existing entries relating to clause 3 (1, 2, 4, 6, 9,) shall be replaced with the following entries, namely:-

3. Import of plants, plant products etc.

(1) No plants, plant products and other regulated articles (hereinafter referred to as ‘consignment’) shall be imported into India without complying the phytosanitary conditions stipulated under this Order. The order shall regulate import of all plants, plant products and other articles including but not limited to seeds/grains, pods, nuts, fruits, bulbs, tubers, corms/cormlets, rhizomes, suckers, cuttings, grafts, saplings, bud woods, roots, rootstock, flowers, pollens, dry plant materials, timber, wood, logs, tissue culture plants, soil, earth, clay, sand, peat/moss, live insects, microbial culture, bio-control agents, transgenic plants and genetically modified organisms etc.,

(2) No categories of plants/plant products 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.

(3) This Clause shall be omitted.

(4) 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, Cooperation & Farmers Welfare (DAC&FW), except the trial material of the same as specified in Schedule-XII of Plant Quarantine Order.

(5) This Clause shall be omitted.

(6) No consignment of regulated articles as referred under Clauses 4, 6 and 7 shall be allowed for import, unless accompanied with an import permit issued by the authority as specified under Schedule X.

(9) The import permit issued shall be valid for twelve months from the date of issue and valid for multiple port access and multiple part shipments in accordance with Clause 3(14) (i) 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 twelve months after charging Rs. 500/- 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. In case of suppression of the facts or any material information, issue of import permit is liable to be cancelled or withdrawn.

(11) This Clause shall be omitted.

3. In Chapter II of Plant Quarantine (Regulation of Import into India) Order, 2003, the existing entries relating to clause 4 shall be replaced with the following entries, namely:-

‘4. Import of soil, growing media, etc.- No import of soil, growing media (with soil, peat or other organic materials), sand and peat or sphagnum moss, similar material and stone shall be permitted except under the following conditions, namely:-

i. The consignments of soil in any form for research purpose; sand, similar material and stone for industrial and non-agriculture purpose; growing media (with soil, peat or other organic materials), peat or sphagnum moss for horticultural purposes, may be permitted through specified air or sea ports or land customs station.

“Provided an import permit shall be required for consignment of soil in any form for research purpose; growing media (with soil, peat or other organic materials), peat or sphagnum moss for horticultural purposes”

ii. The application or online application for the purpose referred to in (i) above shall be made to the Issuing Authority as listed in Schedule-X, at least 10 days in advance, in PQ Form 06.

iii. A fee of Rs. 1000/- shall be payable along with the application. The fee shall be payable online or in the form of Demand Draft payable to the Competent Authority having jurisdiction.

iv. The Competent Authority may, after scrutiny of the application, and if satisfied of the purpose, for which such consignment is being imported, issue special permit in PQ Form 07. The import permit shall be issued subject to such restrictions and conditions prescribed under Schedule- VI.’

4. In Chapter II of Plant Quarantine (Regulation of Import into India) Order, 2003, the existing entries relating to clause 7 shall be replaced with the following entries, namely:-

‘7. Import of live insects and other arthropods/nematodes/microbial cultures including algae/bio-control agents-

(1) No consignment of live insects and other arthropods/nematodes/microbial cultures including algae/bio-control agents shall be permitted into India without valid import permit issued by competent authority as specified under Schedule-X.

(2) Every application or online application for permit to import live insects and other arthropods/ nematodes/microbial cultures including algae/bio-control agents, shall be made in the PQ Form 12 at least thirty days in advance to Plant Protection Adviser along with a fee of Rs.1000/- towards registration in the form of bank draft issued in favour of the Accounts Officer, Directorate of Plant Protection Quarantine and Storage, Faridabad-121001.

(3) The competent authority shall issue the permit in PQ Form 13 in triplicate, if satisfied of the purpose for which import is made and subject to such conditions imposed thereon.

(4) All the consignments of live insects and other arthropods/nematodes/microbial cultures including algae/bio-control agents shall be permitted only through points of entry specified under Clause 3(14). 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/bio-control agents shall be subjected to post-entry quarantine as may be prescribed by the Plant Protection Adviser.

(5) Nothing contained in the clause shall apply to import of live insects and other arthropods/ nematodes/microbial cultures including algae/bio-control agents having no relevance in agriculture.’

5. In Chapter III of Plant Quarantine (Regulation of Import into India) Order, 2003, the existing entries relating to clause 10 shall be replaced with the following entries, namely:-

‘10. Special conditions for import of plant species-

(1) In addition to the general conditions listed above in Chapter-II, the plant species herein after mentioned in Schedules-V, VI and VII shall be permitted to be imported subject to such restrictions and conditions specified in this Chapter.

(2) Every consignment of plant species herein specified in Schedules-V, VI and VII shall be accompanied by an original Phytosanitary Certificate issued by the authorized officer at country of origin or Phytosanitary Certificate for re-export issued by the country of re-export along with attested copy of Phytosanitary Certificate from country of origin, as the case may be, with the additional declarations being free from pests mentioned under Schedules-V and VI of this order or that the pests as specified do not occur in the country or state of origin.

(3) The special conditions relating to treatment and freedom from soil and/or weed as specified under Schedules V and VI shall be endorsed on such Phytosanitary Certificate, wherever applicable.

(4) The consignment of plants and planting material shall be imported subject to the conditions stipulated under Clause 3(4) and 3(11).’

6. In Plant Quarantine (Regulation of Import into India) Order, 2003, the existing PQ Forms 01, 02, 03, 04, 05, 10, 11 and 14 shall be omitted.

7. In Plant Quarantine (Regulation of Import into India) Order, 2003, the existing PQ Forms 06, 07, 12 and 13 and entries relating thereto shall be substituted by the following entries, namely:-

PQ Form 06

(Emblem)
Government of India
Ministry of Agriculture and Farmers Welfare
(Department of Agriculture, Cooperation and Farmers Welfare)
Directorate of Plant Protection, Quarantine & Storage,
NH-IV, Faridabad (Haryana)-121001.

Application for Permit to Import soil/growing media/peat or Sphagnum moss

Sd/-
(Utpal Kumar Singh)
Jt. Secy.

S.O.2453(E)
F.No.8-104/2015-PP.II
Issued by:
Ministry of Agriculture and Farmers Welfare
(Department of Agriculture, Cooperation and Farmers Welfare)
New Delhi

Note: The Plant Quarantine (Regulation of Import into India) Order, 2003 was published in the Gazette of India, vide, number S.O.1322(E) dated 18th November, 2003, and subsequently amended vide number S.O.167(E), dated 6th February 2004, S.O.427(E), dated 29th March, 2004, S.O.644(E), dated 31st May 2004, S.O.263(E), dated 25th February 2005, S.O.462(E), dated 31st March 2005, S.O.1121(E), dated 14th July 2006, S.O.1353(E), dated 31st July 2006, S.O.1873(E), dated 31st October 2006, S.O.2074(E), dated 6th December 2006, S.O.2069(E), dated 3rd December, 2007, S.O.3(E), dated 1st January, 2008, S.O.2847(E), dated 8th December, 2008, S.O.2888(E), dated 15th December, 2008, S.O.2286(E), dated 9th September, 2009, S.O.2390(E), dated 16th September, 2009, S.O.3269(E), dated 23rd December, 2009, S.O.3298(E), dated 24th December, 2009, S.O.907(E), dated 21st April, 2010, S.O.2095(E), dated 27th August, 2010, S.O.2284(E), dated 15th September, 2010, S.O.2516(E), dated 11th October, 2010, S.O.2711(E) dated 4th November, 2010, S.O.3052(E) dated 28th December, 2010, S.O.887(E) dated 28th April, 2011, S.O.No.2845(E) dated 21st December, 2011, S.O.No.296(E) dated 17th February, 2012 and S.O.2775(E) 23rd November, 2012 S.O.799(E) dated 21st March, 2013, S.O.1378(E) dated 28th May, 2013, S.O.1531(E) dated 14th June, 2013, S.O.2919(E) dated 26th September, 2013, S.O.1508(E) dated 13th June, 2014 and S.O.No.1632(E) dated 27th June, 2014, S.O.No.2320(E) dated 12th September, 2014, S.O.No.2542(E) dated 29th September, 2014, S.O.No.2879(E) dated 11th November, 2014, S.O.No.3114(E) dated 10th December, 2014, S.O.No.1413(E) dated 26th May, 2015, S.O.No.2496(E) dated 15th September, 2015, S.O.No.101(E) dated 13th January, 2016, S.O.No.608(E) dated 7th March, 2016, S.O.No.1873(E) dated 25th May, 2016, S.O.No.2192(E) dated 20th June, 2016 and S.O.No.2248(E) dated 29th June, 2016.