DESTRUCTIVE INSECTS AND PESTS ACT, 1914

2 of 1914

3rd February, 1914

"The Bill is the outcome of representations made by the Bombay Chamber of Commerce in 1906, and it has been prepared after consultation with experts and with a considerable number of bodies and persons interested ingardening and agriculture. It gives power to Government to control the importation into British India of articles likely to cause infection to crops, and is based partly on the corresponding English Acts of 1877 and 1907. and partly on the provisions of

the [Indian] Livestock Imporation Act, 1898. 2. Action under the Bill would be taken in respect of certain crops only and would assume various forms according to the crop or the class of infection concerned. In some cases, for instance, importation would be prohibited except at certain ports, and then after fumigation. In others, importation would have to be accompanied by certificates of freedom from disease; while in other, importation would be allowed under a license from the Agricultural Department."-Gazette of India. 1913, Pt. V, p. 166. Act 12 of 1992.- The Destructive Insects and Pests Act, 1914 was enacted to prevent the import and transport of any insect, fungus or other pests which may be destructive to crops. Section 3of the said Act empowered the Central Government to prohibit or regulate the import of any article or class of articles likely to cause infection to any crop. In exercise of that power, the Central Government, by Notification dated 25th October. 1989. made an order for matters relating to insepction. fumigation, disinfection and supervision of some articles such as plants, fruits and seeds which were imported into India. Fees were also provided to be levied and collected for the aforesaid purposes. Under the New Seed Policy, the import of seeds and plant materials was brought under Open General Licence resulting in heavy import thereof. The Government had, therefore, to strengthen the infrastructural facilites and services of Plan Quarantine organisations in order to prevent the entry of exotic diseases through such imported consignments. 2. The Calcutta High Court in a writ petition held that the aforesaid Act did not empower the Government to levy any fees for inspection, fumigation, etc. The Bombay High Court also in a case struck down the imposition of fees and directed the refund of money. 3. It was considered necessary to enable the Government to levy and collect fees for the services rendered and for meeting expenditure on maintaining Plant Quarantine organisations. It was also necessary to validate the levy and collection of fees made earlier. In the circumstances, suitable provisions in the aforesaid Act empowering the Central Government to levy fees for inspection, fumigation, etc., on imported consignments and for validation of the fees already levied or collected were. therefore, required to be made. 4. The Ordinance, namely, the Destructive Insects and Pests (Amendment and Validation) Ordinance. 1992 was, therefore, promulgated by the President on 25th January, 1992. 5. The Bill seeks to replace the said Ordinance and to achieve the aforesaid objects. Gaz. of Ind..28-2-92, Pt. II. S.2. Ext.. p. 17 (No. 5).

An act to prevent the introduction into

1[India]2[and the transport from one5[State] to another]3[* * *] of any insect, fungus or other pest, which is or may be destructive to crops. Whereas it is expedient to make provision for preventing the introduction into4[India]2[and the transport from one province to another]3[* * *] of any insect, fungus or other pest, which is or may be destructive to crops: It is hereby enacted as follows :-

SECTION 01: SHORT TITLE AND EXTENT

⁶[(1)] This Act may be called the Destructive Insects and Pests Act, 1914.⁷SECTION 02: DEFINITIONS

In this Act, unless there is anything repugnant in the subject or context. -

(a) "crops" includes all agricultural or horticultural crops9[and all trees, bushes or plants] :

(b) "import" means the bringing or taking by sea10 [land or air]11[across any customs frontier as defined by the Central Government] ; [*]12

(c) "infection" means infection by any insect, fungus or other pest injurious to a crop;13[*] 14[(d) * * * * * * * ]

SECTION 03: POWER OF CENTRAL GOVERNMENT TO REGULATE OR PROHIBIT THE IMPORT OF ARTICLES LIKELY TO INFECT

Amendment made in 1938.- Power under sub-section (1) of this section, prior to its amendment in 1938. was not available to the Central Government for the prohibition or regulation of movement from one part of British India to another of living plants likely to cause infection to any crop. Central control as contemplated in Item 30 of Part II of List III of the Seventh Schedule ofthe Government of India Act, 1935, was considered desirable. The introduction of the amendments made in 1938 now provide for such control. The amendments also enable the Central Government to exercise control over the importations, and movement from one Province to another Province of live insects which are or may be destructive to crops in other ways than by causing infection to them (See S. 4A). See S.O.R. 1938.

SECTION 04: OPERATION OF NOTIFICATION UNDER SECTION 3

A notification undersection 3-shall operate as if it had been issued undersection 19 of the Sea Customs Act, 1878, and the officers of Customs at every port shall have the same powers in respect of any article with regard to the importation of which such a notification has been issued as they have for the time being in respect of any article the importation of which is regulated, restricted or prohibited by the law relating to Sea Customs, and the law for the time being in force relating to Sea Customs or any such article shall apply accordingly.

SECTION 04A: POWER OF CENTRAL GOVERNMENT TO REGULATE OR PROHIBIT TRANSPORT FROM

²¹[State] of insects or articles likely to infectThe Central Government may, by notification in the Official Gazette, prohibit or regulate, subject to such conditions as the Central Government may impose, the export from a²¹[State] or the transportation from one²¹[State] to another²¹[State]²⁰[* *] of any article or class of articles likely to cause infection to any crop or of insects generally or any class of insects.]

SECTION 04B: REFUSAL TO CARRY ARTICLE OF WHICH TRANSPORT IS PROHIBITED

When a notification has been issued undersection 4A-, then, notwithstanding any other law for the time being in force, the person responsible for the booking of goods or parcels at any railway station or inland steam vessel station,-

(a) where the notification prohibits export or transport, shall refuse to receive for carriage at, or to forward or knowingly allow to be carried on, the railway or inland steam vessel from that station anything, of which import or transport is prohibited, consigned to any place²³[in a²⁴[State] other than the²⁴[State]] in which such station is situate; and

(b) where the notification imposes conditions upon export or transport, shall so refuse, unless the consignor produces, or the thing consigned is accompanied by, a document or documents or the prescribed nature showing that those conditions are satisfied.]

SECTION 04C: APPLICATION OF SECTION 4B TO ARTICLES EXPORTED TO THE STATE OF JAMMU AND KASHMIR

[Repealed by the Jammu and Kashmir (Extension of Laws) Act, 1956 (62 of 1956), S.2 and Sch. (1-11-1956.)]

SECTION 04D: POWER OF CENTRAL GOVERNMENT TO MAKE RULES

[(1)] The Central Government may, by notification in the Official Gazette, makes rules prescribing the nature of the documents which shall accompany any article or insect the export or transport whereof is subject to conditions imposed undersection 4A-, or which shall be, held by the consignor or consignee thereof, the authorities which may issue such documents and the manner in which the documents shall be employed :²⁶[* * * * ]

²⁶[(2) Every rule made by the Central Government under this section shall be laid, as soon as may be after it is made, before each House of Parliament while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if before the expiry of the session immediately following the session or successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.]

SECTION 05: POWER OF STATE GOVERNMENT TO MAKE RULES

( 1 ) The²⁷[State Government] may²⁷[by notification in the official Gazette,]²⁸[* * *] make rules for the detention, inspection, disinfection or destruction²⁹[of any insect or class of insects or] of any article or class of articles³⁰in respect of which a notification has been issued undersection 3-²⁹[or undersection 4A-] or of any article which may have been in contact or proximity thereto, and for regulating the powers and duties of the officers whom it may appoint in this behalf.

(2) In making any rule under this section the²⁷[State Government] may direct that a breach thereof shall be punishable with fine, which may extend to one thousand rupees.

³¹[(3) Every rule made by the State Government under this section shall be laid, as soon as may be after it is made, before the State Legislature.]

SECTION 05A: PENALTIES

Any person who knowingly exports any article or insect from a³³[State] or transports any article or insect from one³³[State] to another³⁴[* *] in contravention of a notification issued undersection 4A-, or attempts so to export or transport any article or insect³⁵[* * *] and any person responsible for the booking of goods or parcels at a railway or inland steam vessel station who knowingly contravenes the provisions ofsection 4B-shall be punishable with fine which may extend to two hundred and fifty rupees and, upon any subsequent conviction with-fine which may extend to two thousand rupees.]

SECTION 06: PROTECTION TO PERSONS ACTING UNDER ACT

No suit, prosecution or other legal proceedings shall lie against any person for anything in good faith done or intended to bed one under this Act.

Footnotes:

6. Section 1 was renumbered as sub-section (1) of that section by the Part B States (Laws) Act. 1951(30 of 1951), S.3 and Sc. (1-4-1951).

7. Sub-section (2) was inserted, the Part B States (Laws) Act. 1951(30 of 1951).

8. Word "except the State of Jammu and Kashmir" were omitted by the Jammu and Kashmir (Extension of Law-I Act. 1956 (62 of 1956). S. 2 and Sch. (1-1 1-1956).

9. Substituted for the words "and trees or bushes" by the Destructive Insects and Pests (Amendment) Act. 1938 (6 of 1938). S..10. Substituted for "or land" bv the Destructive Insects and Pests (Amendment) Act. 1930 (20 of 1930). S. 2.

11. Inserted by A.O.. 1937.

12. Word 'and' was repealed by the Destructive Insects and Pests (Amendment) Act, 1939 (3 of 1939). S. 2 (2-2-1939).

13. Word 'and" omitted by A. C.A. 0.. 1948.

14. Clause (d) defining India', inserted by Act 3 of 1951, was omitted by the Jammu and Kashmir (Extension of Laws) Act. 1956 (62 of 1956).S.2 and Sch. (1-11-1956).

20. The words "in British India" were omitted by A.C.A.0.. 1948.

21. Substituted for 'Province' by A.L.0., 1950.

23. Substituted by A.C.A.O.. 1948.

24. Sustituted for 'Province' by A.LO., 1950.

26. S. 48A re-numbered as sub-section (1), Proviso omitted and sub-sec. (2) inserted by the Delegated Legislation Provisions (Amendment) Act (4 of 1986),S. 2. Sch. (15-5-86).

27. Substituted for "Provincial Government" by A.l.0. 1950.

28. Words "subject to the control of the Governor-General in Council" were omitted by A.0., 1937.

29. Inserted by the Destructive Insects and Pests (Amendment) Act. 1938(6 of 1938). S. 6(12-3-1938).

30. For Infected Articles (Detention. Inspection, Disinfection and Destruction) Rules in the States of Kerala. Mysore. Andhra Pradesh and Maharashtra and the Union Territory of Himachal Pradesh now a State, sec Ker.Gaz.., 8-1 1-1960. Pt. I. S. 4, p. I (G..3261): Mys.Gaz.. 29-8-1963. Pt. IV, S. l(c)(ii). p. 2303: A.P.Gaz. 23-1-1964. Pt. II. R.S.. p. 23: Maha. Gaz.., 28-5-1964. Pt. IV-B. p. 525 and H. P. Gaz.., 19-11-1960. Pt.II. p. 1014. respectively. For U. P. Infected Plants and Plant Materials Rules. 1948 and U. P. Plants and Plant Materials (Inspection and Examination) Rules. 1948. see U. P. Gaz.. 1948. Pt. I-A. pp. 537 and 538.

31. Inserted by the Delegated Legislation Provisions (Amendment) Act (4 of 1986). S. 2. Sch. (15-5-86).

33. Substituted for 'province' by A.L.O.. 1950.

34. Words "in British India" were omitted by A.C.A.O. 1948.

35. Words "or exports or attempts to export from India to the State of Jammu and Kashmir any article or insect in respect of which a notification under Section 4C has been issued" were omitted by the Jammu and Kashmir (Extension of Laws) Act. 1956(62 of 1956). S.2 and Sch. (1-1 1-1956).

IMPORT OF COTTON INTO INDIA REGULATIONS, 1972

G. S. R. 393 (E) dated 25th August 1972.

1-In exercise of the powers conferred by sub-section (1) of Sec. 3 of the Destructive Insects and Pests Act, 1914 (2 of 1914) and in supersession of the notification of the Government of India in the late Department of Education, Health and Lands, No. 1581, Agric., dated the 1st October, 1931, and of all other notifications issued in this behalf, the Central Government makes the following regulations for the import of cotton into India, namely :-

REGULATION 01:

(1) These regulations may be called the Import of Cotton into India Regulations, 1972.

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

REGULATION 02:

In these regulations, unless the context otherwise requires,-

(i) "Cotton" includes ginned cotton, and droppings, strippings. fly and other waste products of a cotton mill other than yarn waste, but does not include cotton seed or unginned cotton.

(ii) "Bale" means any pressed package of cotton whatever size or density,

(iii) "Square Bale" means a bale of a weight exceeding 270 lbs.

(iv) "Round Bale" means a bale of a weight not exceeding 270 Ibs.

REGULATION 03:

Cotton shall not be imported into India :-

(i) By Sea except through the ports of Bombay, Madras, Calcutta, Cochin, Tuticorin or

Bhavanagar and unless the following conditions are complied with namely:-

(a) On or before the departure of a ship carrying a consignment of cotton for Bombay, Madras, Calcutta, Cochin, Tuticorin or Bhavanagar from the port from which the cotton is consigned, the consignee shall ascertain the name of the ship, the probable date of its arrival in Bombay, Madras, Calcutta, Cochin, Tuticorin and Bhavanagar the number of bales of cotton contained in the consignment and shall furnish this information to the Collector of Customs, Bombay and to the Quarantine Entomologist, Directorate of Plant Protection, Quarantine and Storage Bombay or, as the case may be, to the Traffic Manager of the Madras Port Trust and to the Entomologist the Harbour, Madras or the Commissioner of the port of Calcutta and the Entomologist Incharge, Calcutta Port or to the Traffic Manager, Cochin Port and the Quarantine Inspector (Fumigation), Cochin Port or Port Officer, Tuticorin, or Secretary, Tuticorin Port, and the Entomologist  Incharge, Plant Quarantine, Tuticorin Port, or Port Officer, Bhavanagar Port and Plant Quarantine Inspector, Bhavanagar Port as the case may be not less than 14 days before the arrival of the ship at Bombay, Madras, Calcutta, Cochin, Tuticorin, or Bhavnagar provided that where the cotton is loaded for Bombay, Madras, Calcutta, Cochin, Tuticorin, or Bhavnagar at Port Said or at any European Port the ordinary length of voyage from which is less than three weeks. It shall be sufficient to furnish the information not less than ten days before the arrival of the ship at Bombay, Madras, Calcutta, Cochin, Tuticorin or Bhavanagar.

(b) On arrival at Bombay, Madras, Calcutta, Cochin, Tuticorin or Bhavnagar, the cotton shall be disinfected in such manner as may be prescribed in the rules made by the Government of Maharashtra, the Government of Tamil Nadu, the Government of West Bengal or the Government of Kerala or the Government of Gujrat, as the case may be under Sec. 5 of the Act.

(c) Prior to taking delivery of the cotton, the importer shall pay to the Collector of Customs, Bombay, or the Docks Manager, Madras Port Trust or the Commissioners for the Port of Calcutta or the Traffic Manager, Cochin Port, or the Fort Officer, Tuticorin, or Secretary. Tuticorin Port or the Port Officer, Bhavnagar, as the case may be in accordance with such instructions as may be issued by him, a sum at the rate hereinafter provided which shall cover the cost of fumigation, including the cost of loading the cotton into the barge, conveyance to the fumigation wharf or bunder, unloading from the barge after fumigation and delivery at the bunder, but not including docks import charges as specified by the Bombay Port Trust, the Madras Port Trust, the Cochin Port Authorities, the Tuticorin Port Authorities, as the case may be, in the scale of rates charged at the docks :

Provided that samples of the cotton imported by parcel post or as ship's parcel not exceeding 20 lbs, each in weight shall be fumigated free of cost at the Plant Quarantine and Fumigation Station at Bombay, Madras, Calcutta, Cochin, Tuticorin or Bhavnagar, as the case may be :

Provided further that the Collector of Customs, Bombay or the Deputy Collector of  Customs, Bombay, or the Dock Manager of the Madras Port Trust, the Commissioners for the port of Calcutta or the Traffic Manager, Cochin Port or the Port Officer, Tuticorin, or the Secretary, Tuticorin Port or the Port Officer, Bhavnagar, as the case may be in accordance with any general or special orders of the Central Government for the time being in force may remit or refund, in whole or in part, any sum which under this notification is payable or has been paid on any consignment of cotton.

(d) No vessal discharge cotton during a period of rain, mist or drizzle.

(ii) By air except through the airport of Santa Cruz (Bombay) or Meenambakern (Madras) Dum Dum (Calcutta) or Palam/Safdarjung (New Delhi) and unless the following conditions or complied with namely :-

(a) Such importation shall be only consignments of ginned cotton packed in a manner which will not allow insects to enter into or escape from them.

(b) The consignment shall be inspected and fumigated or otherwise disinfected on arrival at the port of entry by the Plant Protection Adviser to the Government of India or any other person duly authorised by him in this behalf and the importer shall pay a fumigation or disinfection fee of rupees five per consignment if it exceeds six cubic feet does not exceed twelve cubic feet in volume, and equal amount for every additional six cubic feet or part thereof.

(c) The consignment shall be plainly and clearly marked to show the general nature and the quantity of the contents, the locality and the country of origin of the connents, the name and address of the shipper or the agent forwarding the same and address of the consignee.

(d) The consignments of ginned cotton intended for other countries shall be allowed transit through India by air or transhipment at any of the airports in India mentioned in para (1) of this notification, if such consignments are packed in a container in such a way as not to allow insects to enter into or escape from it and the container is not to be opened in any part of India, and also that the consignment is accompanied by an official phytosanitary certificate in the form and in the manner prescribed in the international Plant Protection Convention of 1951.

(e) The fumigation fee is payable to Collector of Customs at Bombay, Madras, Calcutta or New Delhi, as the case may be.

(f) The importer shall make arrangements himself, or through his agents, to take delivery of the consignment from the Collector of Customs, after the payment of dues, if any.

REGULATION 03A:

¹There shall be no import of any cotton from Pakistan into India as the presence of cotton seeds of exotic origin, of dried leaves and their stalks in the imported consignment carry exotic strains of destructive bacterial, viral and fungal diseases which are virulent under Indian climatic conditions.

REGULATION 04:

The rate referred to in Cl. (c) of sub-paragraph ft) of paragraph 3, shall be Rs. 12.25 per square bale and Rs. 5.25 per round bale at Bombay and Rs. 8.00 per square bale and Rs. 5.50 per round bale at Cochin, Rs. 5.00 per square bale and Rs. 3.50 per round bale at Tuticoria and Rs. 7.44 per square bale and Rs. 5.00 per round bale at Calcutta Docks and Rs. 8.00 per square bale and Rs. 5.50 per round bale at Madras Docks and Rs. 7.70 per square bale and Rs. 5.25 per round bale at Bhavnagar Docks.

(i) An additional charge of Rs. 3.61 per bale shall be recovered on account of landing, river dues and discharge at Calcutta;

(ii) in cases ion which the importer has failed to furnish information in accordance with Cl. (a) of sub-paragraph (1) of paragraph 3 each of the rates hereafter prescribed shall be increased by Rs. 2.00 per bale;

(iii) the minimum fee for the fumigation of any cotton imported at any one time on a single ship shall be rupees two hundred and ten, and when such minimum fee is leviable it shall if there is more than one consignee be distributed among the consignees in proportion to the amount of their respective consignments.

Footnotes:

1. Inserted by the Import of Cotton into India (Amendment) Regulation, 2000, Ministry of Agriculture (Deptt. of Agriculture and Cooperation), Noti. No. G.S.R.29(E).

dated January 11, 2000, published in the Gazette of India, Extra., Part II, Section 3(i), dated 11thJanuary,2000, p.2,No.28 [F.No 8-96/99-PP./]

PLANTS, FRUITS AND SEEDS (REGULATION OF IMPORT INTO INDIA) ORDER, 1989

Ministry of Agriculture (Department of Agriculture and Co-operation), Noti. No. S.O. 867(E), dated October 27, 1989, published in the Gazette of India, Extra., Part II, Section 3(ii) dated 27th October, 1989 pp. 15-32 {No. 8-4-87-PP.I.) In 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 suppression of Plants, Fruits and Seeds (Regulation of Import into India) Order, except as respects things done or omitted to be done before such suppression, 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:-

ORDER 01: SHORT TITLE AND COMMENCEMENT

(1)This order may be called thePlants, Fruits and Seeds (Regulation of Import into India) Order, 1989.-

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

ORDER 02: DEFINITIONS

-In this order, unless the context otherwise requires,-

(a) "Competent Authority" means an authority notified by the Central Government from time to time by notification in the Official Gazette ;

(b) "Designated Inspection Authority" means the authority notified by the Central Government from time to time through a notification to be published in the Official Gazette for the inspection of the plants grown in post entry quarantine facilities ;

(c) "Entry Point" means sea port, airport or land customs station through which import is

permitted under this order ;

(d) "Foirn" means form attached to this order ;

(e) "nursery" means any orchard, or any other place, facility, glass-house, screen house, utilized for raising plants ;

(f) "Official Phytosanitary Certificate" means a phytosanitary certificate in the format (reproduced as Schedule 1) prescribed by the International Plant Protection Convention sponsored by the Food and Agricultural Organisation of the United Nations Organisation and issued by the authorized officer of the country of origin of consignments ;

(g) "packing material" means the packing material consisting of saw dust, wood shavings, waste paper and synthetic material used for packing of plants fruits or seeds ;

(h) "pest" means any form of plant or animal life or any pathogenic agent, injurious or potentially injurious to plants or plant products and includes any insect, mite, nematode, snail, bacterium, fungus, virus, viroid, mycoplasma-like organism (MLO), phanerogam or weed;

(i) "plant" means any plant or part thereof, whether living or dead trees, shurbs, nursery stock, and includes all vegetatively propagated materials;

(j) "Plant Protection Adviser" means the Plant Protection Adviser to the Government of India, Directorate of Plant Protection, Quarantine and Storage, N.H. IV, Faridabad ;

(k) "Post-entry Quarantine" means growing of plants in isolation for any specified period in a glass-house, and facility, area of nursery, approved by the Plant Protection Adviser ;

(l) "seeds" means seeds of agricultural, horticultural, fruit and fodder crop?, forest trees and includes seedlings and tubers, bulbs, rhizomes, roots, cuttings, all types of grafts and other vegetatively propagated material utilized for sowing, planting or consumption :

(m) "Schedule" means schedule annexed to this order ;

(n) "soil" includes earth, peat, compost, clay, sand or any medium capable of supporting life of plants and includes ballast or any soil for mineralogical or microbiological investigations or soil utilised for any other purpose.

ORDER 03: 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' ;

2"(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

(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 disinfestation 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 authorized 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 transshipment 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 :

3Provided that cut flowers, garlands, bouquets, fruits and vegetables weighing less than  two kilograms imported for personal consumption may be allowed to be imported without a Phytosanitary Certificate or an import permit.

(10) Consignments for import should be packed in the packaging material envisaged as in Clause l (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 along with 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.

ORDER 04: 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 6f 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.

(2) Every consignment of the articles hereinbefore mentioned shall be accompanied with the official Phytosanitary Certificate issued by the authorised officer of the country of origin of consignment, containing additional declarations that they are free from pests specified against them in Column 4 of Schedule II.

ORDER 05:

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.

ORDER 06:

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.

ORDER 07:

(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.

(ii) After according quarantine clearance with Post-entry Quarantine conditions to the consignments of plants and seeds requiring Post-entry Quarantine, the Officer-in-Charge of the Quarantine Station at the entry point shall inform the Designated Inspection Authority, having jurisdiction over the Post-entry Quarantine facility, of their arrival at the location where such plants would be grown by the importer.

ORDER 08:

The importer shall inform in advance the Designated inspection Authority having jurisdiction, about the time of planting of such material.

ORDER 09:

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.

ORDER 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.

ORDER 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.

(ii) Where the plants in the Post-entry Quarantine are found to be affected by pests and diseases during the specified period :-

(a) the Designated Inspection Authority shall order the destruction or return to the country of origin of the affected consignment of whole or a part of the plant population in the Post-entry Quarantine if the pest or disease is exotic, and

(b) the Designated Inspection Authority shall 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 Post-entry Quarantine only after curative measures have been observed to be successful. Otherwise, the plants shall be ordered to be destroyed.

(iii) Where destruction of any plant population is ordered by the Designated Inspection Authority, the importer shall destroy the same in the prescribed manner under the supervision of Designated Inspection Authority.

ORDER 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.

ORDER 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.

(ii) It shall be lawful for the Plant Protection Adviser to rely on the observation of the Designated Inspection Authority and such other expert opinion, as he may deem necessary, for deciding the appeal.

ORDER 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.

ORDER 15:

The Plant Protection Adviser may, at any time, call for the records relating to any case pending before the Designated Inspecting 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.

ORDER 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.