Plant Quarantine Act, 2011

Act No. V of 2011

[5 April, 2011/ 22 Chaitra, 1417]

An Act to make provisions, in the context of international traffic in plants and plant
products, for preventing the introduction of insects or pests into, and spread thereof within,
Bangladesh and for the matters relating to phytosanitary and other measures incidental
and ancillary thereto

WHEREAS it is expedient and necessary to make provisions, in the context of

international traffic in plants and plant products, for preventing the introduction of insects or
pests into, and spread thereof within, Bangladesh and for the matters relating to phytosanitary
and other measures incidental and ancillary thereto;

THEREFORE, it is hereby enacted as follows:-

First Chapter
Preliminary

1. Short title and commencement.- (1) This Act may be called the Plant
Quarantine Act, 2011.

(2) It shall come into force at once.

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

context-
(1) “import” means to bring anything into Bangladesh from any other country
through water, land or air ways;
(2) “import permit” means an official certificate issued under section 10
authorizing importation of plants or plant products, beneficial organisms
or packing materials subject to compliance of phytosanitary requirements;

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(3) “importer” means any person, organization, agency, institution,
proprietor, consignee or agent having possession, superintendence or
control of any plants or plant products, beneficial organisms or packing
materials which have arrived or are likely to be arrived legally in
Bangladesh from any other countries;

(4) “infestation’’ or “infection” means the presence of a living pest in a

certain plant, plant product or in its packing materials;

(5) “beneficial organisms” means fungi, bacteria, nematodes, viruses, virus-

like organisms including any other similar organisms or invertebrate
animals which are utilized for the control of pests, or for pollination, or
for the production of commercially valuable agricultural products, and
which are, from time to time to, officially declared by the Government to
be beneficial to agricultural production;

(6) “phytosanitary certificate” means-

(a) in case of import, a phytosanitary certificate issued by the

competent authority of the country of origin; and
(b) in case of export, a phytosanitary certificate issued in accordance
with the provision of sub-section (3) of section 17 and rules;
(7) “plant quarantine officer” means a plant quarantine officer appointed
under section 8;
(8) “plants or plant products” means all species of plants or plant products
or including seeds any part thereof, whether living or dead, propagative
material, germplasm, or any other products of plant origin, whether
processed or not, which are, by their nature or by processing, capable of
carrying, infecting and spreading pests;
(9) “containment” means the application of phytosanitary measures in and
around an infected area to prevent the spread of a quarantine pest;
(10) “Authority” means the National Plant Quarantine Authority mentioned in
section 3;

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(11) “transit” means transportation of plants or plant products, beneficial
organisms or packing materials from one country to another through
Bangladesh under phytosanitary measures and quarantine procedure;
(12) “controlled area” means an area to be declared as controlled area under
section 21;
(13) “packing materials” means the materials used in packing for containing
or preserving plants or plant products, pests or beneficial organisms;
(14) “inspection” means visual examination of plants or plant products or
packing materials to determine the presence of pests or to ensure that
phytosanitary requirements are being complied with;
(15) “post-entry quarantine” means, after entry into Bangladesh, official
confinement of plants or plant products for conducting quarantine
activities of observation, research, inspection or treatment of the plants or
plant products, and prohibitions imposed by a plant quarantine officer on
consignment of such plants or plant products;
(16) “crops” means any agricultural, horticultural, medicinal and fiber crops,
and all kinds of plants, herbs and shrubs and any type of plants or plant
products having economic importance;
(17) “conveyance” means all kinds of vehicles, either self propelled or not or
driven by animal or human, which are able to carry plants or plant
products, pests, beneficial organisms or packing materials from one place
to another through land, water and airways;
(18) “disinfestation’’ or “disinfection” means any scientific measures applied
for the purpose of extirpating or reducing any infestation or infection by
insects or pest that occurs or may occur on, in or amongst plants or plant
products;
(19) “pests” means any form of plants or species of living animals, strain or
biotype, or any pathogenic agent other than beneficial organisms capable
of injuring plants or plant products or beneficial organisms directly or
indirectly, and also includes living modified organisms (LMO), alien
invasive species and weeds;

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 (20) “rules” means the rules made under the provision of this Act; and
(21) “export” means taking out anything legally from Bangladesh to any other
country through land, sea or airways.

Second Chapter

National Plant Quarantine Authority and Its Functions

3. National Plant Quarantine Authority.- (1) For the purposes of this Act, the
Government shall establish an authority to be called the National Plant Quarantine Authority.

(2) The Director, Plant Protection Wing, Department of Agricultural Extension, shall be
deemed to be the National Plant Quarantine Authority and shall exercise all the powers of the
Authority under this Act until an independent National Plant Quarantine Authority is established
under sub-section (1).

(3) All the officers and employees of the Plant Protection Wing, Department of
Agricultural Extension shall act as the officers and employees of the Authority until a seperate
organization established under sub-section (1).

4. Powers and functions of the Authority.- The powers and functions of the
Authority shall be as follows:-

(a) to regulate the import of plants or plant products, beneficial organisms and
packing materials for preventing the introduction of quarantine pests into
Bangladesh from other countries;
(b) to regulate the export of plants or plant products, pests, beneficial
organisms and packing material according to the phytosanitary
requirements of the importing country in consistence with international
agreements;
(c) to inspect and supervise the consignments of plants or plant products,
beneficial organisms and packing materials which are in international
traffic and may incidentally be used as carriers of pests;
(d) to inspect growing plants, areas under cultivation, and plants or plant
products remaining in storage or in transit and to take regulatory measures
in order to prevent the outbreak and spread of pests;
(e) to make arrangement for issuing phytosanitary certificates in accordance with
the phytosanitary requirements of the importing countries;

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(f) to conduct treatment formalities for disinfestation or disinfection of pests
of the consignments of plants or plant products and their containers,
packing materials, conservation stores or conveyances;
(g) to regulate the introduction of beneficial organisms;
(h) to declare any infected area as a “controlled area”;
(i) to conduct activities regarding post-entry quarantine of plants or plant
products and to implement the phytosanitary measures;
(j) to conduct pest risk analysis and pest risk management;
(k) to undertake regular review and revision of lists of plants or plant
products, pests and beneficial organisms, the importation of which is
prohibited and restricted into Bangladesh, with a view to updating and
harmonizing phytosanitary measures;
(l) to exchange technical information, opinion and report with recognized
international, regional or other national plant protection organizations and
to keep abreast of the latest advancements in the field of plant protection
and quarantine;
(m) to conduct activities regarding diagnostics, detection and identification of
particular pests;
(n) to conduct activities regarding promotion and control of integrated pest
management in Bangladesh;
(o) to comply with the international agreements, protocols, conventions, etc.
on phytosanitary measures, of which Bangladesh is a party or a signatory
country, and to conduct implementation activities thereof, and to follow,
conduct and coordinate the activities regarding conservation of plant bio-
diversity;
(p) to undertake risk analysis of the transboundary movements of genetically
modified organisms (GMOs), living modified organisms (LMOs) and
alien invasive species and their introduction and to control them;
(q) to undertake surveys and surveillance on plant quarantine pests present in
Bangladesh and to conduct plant quarantine research;
(r) to preserve pest related information about plants or plant products within
Bangladesh, information about preventive and controlling measures of
their infestation and infection and information of the matters relating
thereto;
(s) to take the following measures if there is reasonable grounds to believe
that an offence has been, is being or is about to be committed under this
Act or any conditions of import permit or phytosanitary certificate is being
breached, such as:-
(i) to collect extract from the register and record kept under
the custody of the concerned person, and to seize and keep

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 the registers under its custody for a certain period if
required to prove the offence;
(ii) to search the body of a person, or to search, examine and
seize any materials carried by the person or conveyance at
the time of entry and exit of Bangladesh;
(iii) to prohibit the distribution, sale or use of any plants or plant
products for a certain period;
(t) to maintain and develop plant quarantine laboratories; and
(u) to do any other act as may be assigned to it by the Government.

5. Delegation of powers by the Authority.- For the purposes of this Act, the
Authority may delegate any of its powers to the plant quarantine officers or any other officer
working under the Authority.

6. Prohibition or restriction on import and export of plants or plant products,

etc.- (1) The import or export of any plants or plant products which have the potential threat to
introduce any pest into plants and plant products may be prohibited, restricted or otherwise
controlled subject to the conditions mentioned in the import or export policy order issued by the
Government, from time to time, under the Imports and Exports (Control) Act, 1950 (Act No.
XXXIX of 1950).

(2) For the purposes of this Act, the powers of the customs officers to impose restrictions
on import and export, from time to time, under the Customs Act, 1969 (Act No. IV of 1969) may
be exercised in the case of import and export of plants and plant products and packaging
materials, and accordingly the provisions of the said Act shall have effect in this behalf.

7. Regulations of plants or plant products for quarantine.- All the plants or plant
products confined or confiscated for quarantine shall remain under the custody of the plant
quarantine officer and he shall take necessary measures in the manner prescribed by rules for the
purposes of quarantine of such plants or plant products.

8. Appointment of plant quarantine officer.- The Government may, by

notification in the official Gazette, appoint such number of officers of Plant Protection Wing of

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the Department of Agricultural Extension as plant quarantine officers as may be required for
carrying out the purposes of this Act.

Chapter Three
Import and Export

9. Prohibition against import.- (1) No importer shall, without an import permit,

import any plant or plant product, beneficial organism, soil or packing materials into Bangladesh.

(2) The Authority may, with prior sanction of the Government, from time to time,
prescribe the procedure for importing plants or plant products.

(3) The Authority may, with approval of the Government, by notification in the official
Gazette, from time to time, exempt certain plants and plant products from the conditions of
import.

10. Permit and certificate.- (1) Plants or plant products, beneficial organisms or
packing materials shall not be imported into Bangladesh without an import permit and certificate
issued by the Authority.

(2) Any plant or plant product, beneficial organism or packing material shall be imported
into Bangladesh only through a designated point of entry, and upon notification for importation,
the import permit issued against the consignment and the phytosanitary certificate issued by the
National Plant Protection Authority of the exporting country shall have to be submitted to the
concerned plant quarantine officer for examination.

(3) On the import permit, there shall have a description regarding the type of treatment to
be applied on the plants or plant products, if imported, or other measures, including post-entry
quarantine for ascertaining phytosanitary before or after importation of plants or plant products.

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 11. Correction, cancellation, etc. of import permit and certificate.- The Authority
may, on reasonable grounds,-
(a) cancel an import permit and certificate issued; and
(b) alter or correct it at any time.

12. Notification to plant quarantine officer.- (1) If any person, with or without his
consent, receives any plants or plant products, beneficial organisms or packing materials from outside
Bangladesh, he shall notify it to the nearest plant quarantine officer.

(2) The plant quarantine officer shall, upon examination thereof, make arrangement for
their release or destruction or treatment or disposal.

13. Inspection.- The person who transports or stores any plant or plant product,
beneficial organism or packing material or is in charge of the conveyance or the store shall be
bound to make the conveyance or store and its contents available for inspection and treatment, if
required, in accordance with the order of a plant quarantine officer.

14. Examination and sample collection.- Any importer shall, on demand by a plant
quarantine officer, be bound to allow him to examine and collect sample from the imported
materials.

15. Movement of container.- No plant or plant product, pest, beneficial organism or

packing material under examination of a plant quarantine officer shall be moved or no container
shall be opened, except in accordance with the permission of the plant quarantine officer:
Provided that this provision shall be relaxable for an officer of customs or of the post office.

16. Seizure of plants or plant products harbouring pests.- If any plant or plant
product, which is suspected of harbouring any pest, is imported into Bangladesh or remains in
transit through Bangladesh or is transported from one part of Bangladesh to another in
contravention of the provisions of this Act, the plant or plant product may be seized or, as the

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case may be, refused to entry, destroyed, moved or treated, or any other necessary phytosanitary
measures may be taken.

17. Pre-export examination.- (1) In case of export of plants or plant products, each
and every consignment shall have to be examined by the plant quarantine officer.

(2) Each consignment of plants or plant products submitted for export shall be examined
by a plant quarantine officer in such manner as may be prescribed by rules in accordance with
the phytosanitary requirements of the importing country.

(3) If the consignment submitted deems to be fit for issuance of a phytosanitary

certificate, the plant quarantine officer shall issue a phytosanitary certificate in such manner as
may be prescribed by rules.

18. Prohibition against export.- (1) No exporter shall export any plant or plant
product without a phytosanitary certificate issued by the Authority.

(2) The Authority may, with prior approval of the Government, from time to time,
prescribe the procedure for exportation of plants or plant products.

(3) The Authority may, with approval of the Government, by notification in the official
Gazette, from time to time, exempt certain plants or plant products from the conditions for
export.

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 Fourth Chapter
Containment and Eradication of Pests

19. Containment or eradication of pests.- The Authority may, with prior approval
of the Government, by notification in the official Gazette, restrict or prohibit the entry,
introduction, sale, cultivation, multiplication or transportation of any plant or plant product,
pest, genetically modified organism, living modified organism and alien invasive species,
beneficial organism, germplasm, packing material or any similar material capable of harbouring
and spreading pests.

20. Declaration regarding quarantine pest.- (1) If any pest presents, or is likely to
be present or is a threat to the production of crops or to the trade in plants or plant products, to
the beneficial organisms or to the natural environment, and if any pest which presents in
Bangladesh is considered to be necessary for confinement or eradication, the Authority may, by
notification in the official Gazette, declare such pest as a quarantine pest.

(2) The occupier or owner of any land or premises on which a pest is found and identified
as, or suspected to be, a quarantine pest shall notify it to the nearest plant quarantine officer.

21. To declare the infected area as a controlled area.- The Authority may, by
notification in the official Gazette, undertake the following measures for conducting plant
quarantine activities, such as:-
(a) to declare any area in Bangladesh, which is infected or reasonably
suspected of being infected with any pest, as an infected area;
(b) to declare any land or premises, which is infected or suspected of being
infected with any pest, as an area controlled under quarantine;
(c) to conduct treatment measures for the plants or plant products or packing
materials, and the conveyances or the storage areas suspected of being
infected in order to eradicate or limit the spread of pests;
(d) to prohibit, restrict and control the cultivation and harvesting of crops for
the whole or any part of an infected place under quarantine area by the

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 plant quarantine officer, if it appears to the officer that the pest cannot
instantly be controlled or eradicated by taking phytosanitary measures, and
in this behalf to prescribe the period within which such prohibition,
restriction and control shall have effect.

22. Written notice.- (1) If a plant quarantine officer is confirmed that a quarantine
pest is present at any place, the officer may issue a written notice to the owner or occupier of
such place, and order the owner or occupier of the land or premises to complete necessary
phytosanitary measures for eradication and containment of pests and for limiting spread thereof
within a period specified in the notice.

(2) If an owner or occupier of the land or premises does not comply or is unable to
comply with any condition of the notice issued under sub-section (1) within the period specified
in such notice, any plant quarantine officer may enter into the land or premises and, by issuing a
written notice, take necessary measures for phytosanitary.

(3) The plant quarantine officer shall regularly review the condition of the land or
premises remaining under quarantine measures and when he is confirmed that the relevant pest
has been eradicated and there is no necessity to continue the quarantine restrictions in respect of
the land or any part thereof, he shall, by issuing a notice, conveyed it to the owner or occupier of
the land mentioning the date from which the land is no longer under quarantine restrictions.

23. Assistance.- All officers of Customs, Coast Guard, Police Department, Border
Guard Bangladesh, Postal Department, Port Authorities, Civil Aviation Authorities, Railway
Department, Shipping Agencies, Airlines and such other institutions shall assist to prevent the
activities repugnant to this Act and extend necessary cooperation to the plant quarantine officer
in exercising powers and performing duties under this Act.

24. Compensation.- (1) Where any plant or plant product or other material is
destroyed for taking necessary measures to eradicate, contain or limit the spread of a quarantine
pest, the Government may, subject to the provision of sub-section (2), depending on the supply

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and availability of fund, give compensation for the plants, plant products or similar other
materials destroyed to the owner thereof.

(2) No person shall be entitled to get compensation under sub-section (1) if the measures
has been taken for remedy, and the damage occurs due to inattentiveness of the concerned person
or for his failure to comply with the instructions given lawfully or for the contravention of the
provisions of this Act.

(3) Subject to the prior approval of the Government, the Authority may, by notification in
the official Gazette, determine the amount of compensation by analyzing and considering its
overall circumstances.

25. In the case of seizure, notification to the owner.- Where any plant quarantine
officer takes steps to seize, keep waiting for, prohibit entry of, return, treat, remove or destroy
any plant or plant product, he shall, as soon as possible, notify the owner about the steps taken
and the reasons of taking such steps.

Fifth Chapter

Offences and Punishments

26. Offences.- If any person, company or organization, either personally or through

any employee or agent, does any of the following acts or violates any provision of the Act, such
act or violation shall be deemed to be an offence under this Act, such as :-

(a) to import into, or export from Bangladesh any plant or plant product, pest,
beneficial organism, soil or packing material prohibited under this Act;
(b) to produce, possess, sell, advertise for sale, transport or distribute any
prohibited plant or plant product, pest, beneficial organism, soil or
packing material knowingly;
(c) to contravene any condition of the notice issued under section 22;

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 (d) to impede, prevent or intimidate any plant quarantine officer in performing
his duties;
(e) to refuse or neglect to comply with any order or direction made or given
under this Act;
(f) to disobey or ignore to comply with the direction given under section 13,
14 and 15;
(g) to knowingly or recklessly provide any information which is false in
material for the purpose of obtaining any permit or certificate or for the
purpose of complying the provisions of this Act wrongfully; and
(h) to alter or tamper any document submitted to or issued by the plant
quarantine officer.

27. Offences committed by the company, etc. - Where an offence under this Act is
committed by a company, every director, partner, chief executive, manager, secretary or any
other officer or employee or representative who has direct involvement with the offence shall be
deemed to have committed the offence unless he proves that the offence has been committed
without his knowledge or he tried his level best to prevent the offence.

Explanation: Under this section-

(a) “company” means any company, statutory body, commercial organization,
partnership business, society or any organization consisting of more than
one person; and
(b) “director”, in case of any commercial organization, means any of its
partner, or member of the Board of Directors.

28. Trial by Magistrates.- All the offences under this Act shall be trialed by any
Judicial Magistrate of the first class or any Metropolitan Magistrate.

29. Cognizance of Offences.- No court shall take cognizance of an offence

punishable under this Act except upon a written complaint made by any plant quarantine officer.

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 30. Offences to be non-cognizable and bailable.- All offences under this Act shall
be non-cognizable and bailable.

31. Punishment.- (1) Any person who commits an offence referred to in section 26
shall be punished with imprisonment for a term not exceeding 2 (two) years, or with a fine not
exceeding taka 5,00,000 (five lac) or with both.

(2) All money and profit accrued from the prohibited products may be confiscated.

32. Disposal of confiscated property.- (1) If any product is confiscated under this
Act, the product, except the one which has to be destroyed, may be sold by open auction or in
any other commercially profitable legal way, or may be disposed of by any other means.

(2) The money accrued from sale or disposal by any other means under sub-section (1)
shall be credited to the government treasury.

33. Special power of Magistrates for imposing punishment.- Notwithstanding

anything contained in the Code of Criminal Procedure, 1898, any Judicial Magistrate of the first
class, or a Metropolitan Magistrate may impose any of the punishments referred to in section 31.

34. Appeal against administrative orders, etc.- (1) If a recipient of any permit or
certificate is aggrieved by any written order issued under this Act, the aggrieved person may
prefer appeal against the order for relief, within 15 days from the date of receiving such notice,
to-
(a) the Authority, if the order is issued by a plant quarantine officer; and
(b) the Government, if the order is issued by the Authority.

(2) If any appeal is preferred under sub-section-(1), it shall be disposed of within a period
not exceeding 90 (ninety) days from the date of preferring such appeal.

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 Sixth Chapter

Miscellaneous

35. Fees and charges.- The Government may, from time to time, determine fees and
charges for inspection, examination or treatment of plants or plant products, beneficial
organisms or packing materials and may also determine the procedure of collecting such fees
and charges.

36. Incurring expenditure.- If an importer imports any plant or plant product,

beneficial organism or packing material violating the conditions mentioned in the import permit,
the importer shall incur all the expenses for the treatment or removal or destruction of the
imported things.

37. Indemnity.- No suit, prosecution or other legal proceeding shall lie against the
Authority or any plant quarantine officer or the Government on the ground that any person is
affected or likely to be affected by anything which is done in good faith by the Authority or the
plant quarantine officer or the Government under this Act or rules made thereunder.

38. Removal of ambiguity.- If any ambiguity arises in case of application of any

provision of this Act for its obscurity, the Government may, by notification in the official
Gazette, remove such ambiguity subject to its being consistent with the provisions of this Act.

39. Power to make rules.- (1) The Government may, by notification in the official
Gazette, make rules to carry out the purposes of this Act.

(2) Without prejudice to the generality of sub-section (1), such rules may also provide for
the following matters, namely:-
(a) procedures for detection of pests which are likely to be introduced into
Bangladesh being transmitted with plants or plant products or packing
materials;

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 (b) determination of entry or exit points of importation and exportation and
the matters relating to establishment of plant quarantine stations;
(c) obligations to be complied with by the plant quarantine officers in
exercising their powers;
(d) matters relating to inspection, supervision, treatment, destruction and
removal;
(e) procedures for submission of applications for obtaining import permits or
certificates, disposal thereof and for preferring appeal and disposal of
appeal;
(f) matters relating to phytosanitary certificates;
(g) matters relating to declaration of controlled areas and payment of
compensation;
(h) matters relating to training, establishment of laboratories and security
systems;
(i) procedure of collection of fees and charges; and
(j) any such other matters as may be required under this Act.

40. Publication of Authentic English Text.- After the commencement of this Act,
the Government shall, as soon as possible, by notification in the official Gazette, publish an
Authentic English Text of this Act:

Provided that in the event of conflict between the original Bangla Text and the English
Text, the Bangla Text shall prevail.

41. Repeal and Savings. - The Destructive Insects and Pests Act, 1914 (Act No. II of
1914), hereinafter referred to as the said Act, is hereby repealed. Notwithstanding such repeal,
any act done or action taken under the said Act shall be deemed to have been done or taken
under this Act.

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