Fertilizer Control Order, 1973

 No. 11-3/83-STU

GOVERNMENT OF INDIA

Ministry of Agriculture and Rural Development

(Department of Agriculture and Cooperation)

New Delhi, dated 25th September 1985

I  INTRODUCTION

G.S.R. 758 (E) in exercise of the powers conferred by section 3 of the Essential Commodities Act. 1955 (10 of 1955), the Central government Hereby makes the following Order, Namely:

1.      Short title and commencement

(1)   This order may be called the Fertilizer (Control) Order, 1985.

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

2.      Definitions

In this order, unless the context otherwise requires:

(a)    "Act" means the Essential Commodities Act, 1955 (10 of 1955)

(b)   "Certificate of source" means a certificate given by a State Government, Commodity Board, manufacturer, importer, pool handling agency or -- as the case may be, wholesale dealer indicating therein the source from which Fertilizer for purpose of sale is obtained.

(c)    "Commodity Board" means the Coffee Board constituted under section 4 of the Coffee Act, 1942 (7 of 1942) or the Rubber Board constituted under section 4 of the Rubber Act1947 (24 of 1947) or the Tea Board constituted under section 4 of the Tea Act, 1953 (29 of 1953) or as the case may be, the Cardamom Board constituted under section 4 of the cardamom Act, 1965 (42 of 1965)

(d)   ?Compound or complex Fertilizer" means a Fertilizer containing two or more nutrients during the production of which chemical reaction takes place.

(e)    "Controller" Means the person appointed as controller of Fertilizers by the Central Government and includes any other person empowered by the Central Government to exercise or perform all or any of the powers, or as the case may be, functions of the Controller under this order.

(f)     "Dealer" means a person carrying on the business of selling Fertilizers whether wholesale or retail or industrial use and includes a manufacturer, importer, and a pool handling agency carrying on such business and the agents of such person, manufacture, importer or pool handling agency.

(g)    Clause 'g' deleted vide S.O. 725 (E) dated (E) dated 28.7.88

(h)    "Fertilizer" means any substance used or intended to be used as a Fertilizer of the soil and/or crop and specified in Part A of Schedule-1 and includes a mixtures of Fertilizers and special mixture of Fertilizers;

(i)      "Form" means a form appended to this Order;

(j)     "Grade" means the nutrient element contents in the Fertilizer expressed in percentage;

(k)   "Granulated mixture" means a mixture of Fertilizers made by intimately mixing two or more Fertilizers with or without inert material and granulating the together, without involving any chemical reaction;

(l)      ?Importer" means a person who imports Fertilizer in accordance with the Export and import policy of the Central Government, as amended from time to time.

(I)           "Inspector" means as inspector of Fertilizers appointed under clause 27;

(II)        "Industrial dealer" means a dealer who sells Fertilizers for industrial purposes;

(III)      "Industrial purposes" means the use of Fertilizer for purposes other than fertilization of soil and increasing productivity of crops;

(m)  "Manufacturer" means a person who produces Fertilizers or mixtures of Fertilizers and the expression ?manufacture" with its grammatical variations shall be construed accordingly.

(n)    "Mixture of Fertilizer" means a mixture of fertilizers made by physical mixing two or more Fertilizers with or without inert material in physical or granular form and includes a mixture of NPK Fertilizers. a mixture of micro nutrient Fertilizers and a mixture of NPK with micro nutrient Fertilizers.

(o)   "Offer for sale" includes a reference to an intimation by a person of a proposal by him for the sale of any Fertilizer, made by publication of a price list, by exposing the Fertilizer for sale indicating the price, by furnishing of a quotation of otherwise howsoever;

(p)   "Physical mixture" means a mixture of Fertilizer made by physical mixing of two or more Fertilizers with or without inert material necessary to make a required grade, without involving any chemical reaction;

(q)   "Prescribed standard" means:-

                           (I)        In relation to a Fertilizer included in column 1 of part A of Schedule -I   the standard set out in the corresponding entry in column, 2, subject to the limits of permissible variation as specified in part B of that Schedule and

                         (II)       In relation to mixture of Fertilizer the standard set out in respect of that mixture under sub-clause(1) of clause 13 by the Central Government, subject to the limits of permissible variation as specified in part B of Schedule-I.

                        (III)      In relation to mixture of Fertilizers, standard set out in respect of that mixture under sub-clause (2) of clause 13 by the State Government, subject to limits of permissible variation as specified in Part B of Schedule-I

(r)     "Pool handling agency" means an agency entrusted by the Central Government with functions relating to handling and distribution of imported Fertilizer;

(s)    "Registering authority" means a registering authority appointed under clause 26;

(t)     "Retail dealer" means a dealer who sells Fertilizer to farmers or plantations for agricultural use such as for fertilization of soil and increasing productivity of crops;

(u)    " Schedule " means a Schedule appended to this Order;

(v)    "Special mixture of Fertilizers" means any mixture of Fertilizers prepared for experimental purposes in pursuance of a requisition made by any person (including a person engaged in the cultivation of tea, coffee or rubber) for sale to that person in such quantity and within such period as may be specified in such requisition and

(w)  "Wholesale dealer" means a dealer who sell Fertilizer otherwise than in retail" for agricultural use such as for fertilization of soil and increasing productivity of crops.

II. PRICE CONTROL

3.      Fixation of prices of Fertilizers.

(1)   The Central Government may, with a view to regulating equitable distribution of Fertilizers and making Fertilizers available at fair prices, by notification in the official Gazette, fix the maximum prices or rates at which any Fertilizer may be sold by a dealer, manufacturer, importer or a pool handling agency.

(2)   The Central Government may having regard to the local conditions of any area, the period of storage of Fertilizer and other relevant circumstances, fix different price or rates for Fertilizer having different periods of storage or for different areas or for different classes of consumers.

(3)   No dealer, manufacturer  importer or pool handling agency shall sell or offer for sale any Fertilizer at a price exceeding the maximum price or rate fixed under this clause.

4.      Display of stock position and price list of Fertilizer.

Every dealer, who makes or offers to make a retail sale of any Fertilizers, shall prominently display in his place of business:-

(a)    The quantities of opening stock of different Fertilizers held by him on each day.

Explanation- The actual stocks at any point of time during the day may be different from that of the displayed opening stocks to the extent of sale and receipt of such Fertilizers up to the time of inspection during that day.

(b)   A list of prices or rates of such Fertilizers fixed under clause 3 and for the time being in force.

5.      Issue of cash/credit memorandum

Every dealer shall issue a cash or credit memorandum to a purchaser of a Fertilizer in Form M:

III. CONTROL ON DISTRIBUTION OF FERTILIZERS BY MANUFACTURER/IMPORTER

6.      Allocation of Fertilizers to various States.

The Central Government may, with a view to securing equitable distribution and availability of Fertilizers to the farmers in time, by notification in the official Gazette, direct any manufacture/importer to sell the Fertilizers produced by him in such quantities and in such State or States and within such period as may be specified in the said notification.

IV. REGISTRATION OF DEALER

7.      Dealers to be registered.

No person, including a manufacturer, an importer, a pool handling agency, a wholesale dealer, a retail dealer and an  industrial dealer shall offer for sale or carry on the business of selling Fertilizers at any place except under and in accordance with the terms and conditions of a certificate of registration granted to him under clause 9.

Provided that a State Government may, by notification in the official Gazette, exempt from the provisions of this clause any person selling Fertilizers to farmers in such areas and subject to such conditions as may be specified in that notification.

8.      Application for registration

Every person desiring to obtain a certificate of registration under this Order for selling Fertilizers, whether in wholesale or retail or both shall make an application for registration to the registering authority or, as the case may be, for industrial use thorough registered post to the controller in Form A, in duplicate, together with the fee prescribed under clause 36 and a certificate of source, "in Form O.

Provided that where the applicant is a State Government , a manufacturer or an importer or a pool handling agency, it is not necessary to enclose a certificate of source along with the application.

Provided further that separate certificate of registration shall be obtained for selling Fertilizer in wholesale and retail  and in case of a State Government, a manufacturer,  importer and a pool handling agency, also for selling Fertilizer for industrial use;

Provided also that where Fertilizers are obtained for sale from different sources, a certificate or source from each such source shall be furnished.

 Provided also that for obtaining a certificate of registration for industrial dealer, a certificate of source obtained only from the State Government or a manufacturer  or an importer or pool handling agency shall be furnished. (Reference 459(E) dated 22 may 1995)

9.      Grant or refusal of certificate or registration

The registration authority  or, as the case may be, the Controller, shall grant a certificate of registration in Form 'B' within thirty days of the receipt of application to any person who applies for it under clause 8;

Provided that no certificate of registration shall be granted to, A person,-

(a)    If his previous certificate of registration is under suspension ; or

(b)   If his previous certificate of registration has been cancelled within a period of one year immediately preceding the date of application; or

(c)    If he has been convicted of an offence under the Act, or any Order made there under within three years immediately preceding the date of making the application; or

(d)   If he fails to enclose with the application a certificate of source; or

(e)    If the application is incomplete in any respect; or

(f)     If he makes an application for obtaining the certificate of registration for If dustrial dealer and excepting if he is a manufacturer, importer or pool handling agency, holds a valid certificate of registration for wholesale dealer or retail dealer or both, and as the case may be, the vice-versa.

10.   Period of validity of certificate of registration-

Every certificate of registration granted under clause 9 or as the case may be renewed under clause 11 shall, unless suspended or cancelled, be valid for a maximum period of three years, from the date of issue.

11.   Renewal of certificate of registration-

(1)   Every holder of a certificate of registration desiring to renew the certificate of registration granted under clause 9 shall, before the date of expiry of such certificate of registration make an application for renewal to the registering authority or as the case may be, the Controller, in Form C, in duplicate, together with the fee prescribed under clause 36 for such renewal and a certificate of source as required under clause 8.

(2)   On receipt of such application, together with such fee and certificate of source, the registering authority or as the case may be, the Controller, may renew the certificate of registration;

Provided that a certificate of registration shall not be renewed if the holder of the certificate of registration did not sell any Fertilizer during the period of one year immediately preceding the date of expiry of the period of validity of the certificate of registration sought to be renewed.

(3)   If any application for renewal is not made before the expiry of the period of validity of the certificate of registration but is made within one month from the date of such expiry, the certificate of registration may be renewed on payment of such additional fee as may be prescribed by the State Government  or as the case may be, the Controller, in addition to the fee for renewal of the certificate of registration.

(4)   Where the application for renewal is made within the time specified in sub clause (1) or sub-clause (3) the application shall be deemed to have held a valid certificate of registration, until such date as the registering authority  or, as the case may be, the controller, passes orders on the application for renewal.

(5)   If an application for renewal of a Certificate of registration is not made within one month of the date of expiry of the period of validity of the certificate of registration, the certificate of registration shall be deemed to have lapsed on the date on which its validity expired and any business carried on after that date shall be deemed to have been carried on in contravention of clause 7.

V.  MANUFACTURE OF MIXTURE OF FERTILIZERS

12.   Registration on preparation of mixture of Fertilizers-

            No person shall carry on the business of preparing any mixture of Fertilizers, or special mixture of Fertilizer except under and in accordance with the terms and conditions of a certificate of manufacture granted to him under clauses 15 or 16.

13.  Standards of mixtures of Fertilizers-

(1)   Subject to the other provisions of the order, no person shall manufacture any mixture of Fertilizer whether of solid or liquid Fertilizer unless such mixture conforms to the standards set out in the notification to be issued by the central Government in the official Gazette.

(2)   Subject to the other provisions of this order, no person shall manufacture any  mixture of Fertilizer except of liquid Fertilizer unless such mixture conforms to the standards set out in the notification to be issued by the State Government in the Official Gazette;

(3)   Notwithstanding anything contained in this order, those units which are already manufacturing  mixtures of Fertilizers, as on the date of publication of this Order, for which standards have not yet been specified under clause 13(2) may continue to manufacture for sale, sell, offer for sale, stock or exhibit for sale or distribute such mixture of micro nutrient Fertilizer for a period up to 27th July, 1992  from such date or till the standards are prescribed by the State Government whichever is earlier subject to the condition that before the expiry of said period, they will follow the standards prescribed by State Government and obtain Certificate of Manufacture under clause 15.

(4)   No Certificate of manufacture shall be granted in respect of any Fertilizer which does not confirm to the standards set out in the notification refereed in sub clause (1) or (2)

14.  Application for certificate of manufacture of mixtures of Fertilizers

(1)   Every person desiring to obtain a certificate of manufacture for preparation of any mixture of Fertilizers of special mixture of Fertilizers shall possess such mixture, and possess the minimum laboratory facility as specified in clause 21A of this Order.

(2)   An applicant for a certificate of manufacture for preparation of mixture of Fertilizers or special mixture of Fertilizers shall make an application to the registering authority.

(a)    If he is an applicant for a certificate of manufacture for any mixture of Fertilizers in Form D, in duplicate, together with the fee prescribed therefore under clause 36;or

(b)   If he is an applicant for a certificate of manufacture for any special mixture, in Form E, in duplicate, together with the fee prescribed therefore under the said clause 36 and an attested copy of the requisition of the purchaser.

15.  Grant or refusal of certificate of manufacture for preparation of mixtures of Fertilizers

1)      The registering authority may, for reasons to be recorded in writing, refuse to grant a certificate of manufacture in respect of any mixture of Fertilizers or special mixture of Fertilizers and shall furnish to the applicant a copy of the order so passed.

2)      Where an application for a certificate of manufacture for mixture of Fertilizers is not refused under sub-clause (1) the registering authority shall grant a certificate of manufacture in Form F and where an application for a certificate of manufacture for a special mixture is not refused under that sub-clause, such authority shall grant a certificate of manufacture to the applicant in Form G.

16.  Conditions for grant of certificate of manufacture in respect of special mixture of Fertilizers and period of validity of such certificate

(1)   No certificate of manufacture in respect of any special mixture of Fertilizers shall be granted to an applicant unless he holds a valid certificate of manufacture under this order for any mixture of Fertilizers.

(2)   Every certificate of manufacture granted in respect of any special mixture of Fertilizers shall be valid for a period of three months from the date of its issue.

Provided that the registering authority may, if it is satisfied that it is necessary so to do, extend the said period to such further period or periods as it may deem fit, so however, that the total period or period so extended shall not exceed six months.

17.  Period of validity of a certificate of manufacture for preparation of mixtures of Fertilizers.

Every certificate of manufacture granted under clause 15 for preparation of a mixture of Fertilizers shall, unless suspended or cancelled, be valid for a period of three years from the date of issue.

18.  Renewal of certificate of manufacture for preparation of mixtures of Fertilizers.

(1)   Every holder of a certificate of manufacture for preparation of mixture of Fertilizers desiring to renew the certificate, shall, before the date of expiry of the said certificate of manufacture make an application to the registering authority in Form D in duplicate, together with the fee prescribed for this purpose under clause 36.

(2)   On receipt of an application for renewal as provided in sub-clause (1) and keeping in view the performance of the applicant and other relevant circumstances, the registering authority may, if he so decides, renew the certificate of registration by endorsement on Form F and in case the certificate of registration is not renewed, the registering authority shall record in writing his reasons for not renewing the certificate of registration.

(3)   If an application for renewal is not made before the expiry of the certificate of registration but is made within one month from the date of expiry of the certificate of registration but is made within one month from the date of expiry of the certificate of registration, the certificate of registration may be renewed on payment of such additional fee as may be prescribed by the State Government for this purpose.

(4)   Where the applicant for renewal is made within the time specified in sub clause (1) or Sub-Clause (3) the applicant shall be deemed to have held a valid certificate of registration until such date as the registering authority passes order on the application for renewal.

(5)   If an application for renewal of a certificate of manufacture is not made within the period stipulated under sub-clause (1) or, as the case may be, under Sub-clause (3) the certificate of manufacture shall be deemed to have expired immediately on the expiry of its validity period, and any business carried on after that date shall be deemed to have been carried on in contravention of clause 12.

VI. RESTRICTIONS ON MANUFACTURE/IMPORT, SALE, ETC. OF FERTILIZER

19.  Restriction on manufacture/import, sale and distribution of Fertilizers.

No person shall himself or by any other person on his behalf :-

(a)    Manufacture/import for sale, sell, offer for sale, stock or exhibit for sale or distribute any Fertilizer which is not of prescribed standard.

(b)   Manufacture/import for sale, sell, offer for sale, stock or exhibit for sale or distribute any mixture of Fertilizers, which is not of prescribed standard (Subject to such limits of permissible variation as may be specified from time to time by the Central Government) or special mixture of Fertilizers which does not conform to the particulars specified in the certificate of manufacture granted to him under this Order in respect of such special mixture.

(c)    Sell, offer for sale, stock or exhibit for sale or distribute:-

(i)            Any Fertilizer the container where of is not packed and marked in the manner laid down in this Order.

(ii)          Any Fertilizer which is an imitation or a substitute for another Fertilizer under the name of which it is sold.

(iii)         Any Fertilizer which is adulterated.

Explanation:- A Fertilizer shall be deemed to be adulterated, if it contains any substance the addition of which is likely to eliminate or decrease its nutrient contents or make the Fertilizer not conforming to the prescribed standard.

(iv)        Any Fertilizer the label or container where of bears the name of any individual firm or company purporting to be manufacturer/importer of the Fertilizer, which individual, firm or company is fictitious or does not exist;

(v)          Any Fertilizer, the label or container where of or anything accompanying therewith bears any statement which makes a false claim for the Fertilizer or which is false or misleading in any material particular.

(vi)        Any substance as a Fertilizer which substance is not, in fact a Fertilizer or

(vii)       Any Fertilizer without exhibiting the minimum guaranteed percentage by weight of plant nutrient.

20.  Specifications in respect of imported Fertilizer.

Notwithstanding anything contained in this order, the Central Government may, by an order, published in the Official Gazette, fix separate specifications in respect of imported Fertilizers.

21.  Manufacturers/importers pool handling agencies to comply with certain requirement in regard to packing and marking, etc.

            Every manufacturer/importer and pool handling agency shall in regard to packing and marking of containers of Fertilizers, comply with the following requirements, namely :-

(a)    Every container in which any Fertilizer is packed shall bear** only such particulars and nothing else as may from time to time, be specified by the Controller in this behalf; and

(b)   Every container shall be so packed and sealed that the contents thereof cannot be tampered with without breaking the seal;

Provided that where Fertilizer manufactured in India are packed in bags stitched in hand such bags shall bear lead seals, so that the contents thereof cannot be tampered with without breaking the seals;

Provided further that lead sealing shall not be necessary:-

(i)            If such bags are machine stitched in such a manner that contents thereof cannot be tampered with without a visible break in the stitching; and

(ii)          In the case of Fertilizers imported from abroad and packed in bags stitched in hand, in such a manner that the contents thereof cannot be tampered with without visible break in the stitching.

21 A.  Manufacturers to comply with certain requirements for laboratory facilities:

Every manufacturer shall, in order to ensure quality of their product, possess minimum laboratory facility, as may be specified from time to time by the Controller.

22.  Bulk sale of Fertilizers.

Notwithstanding anything contained in this Order:-

(a)    A retail dealer may retain at any time one bag or container of each variety of Fertilizer in an open and unsealed condition for the purpose of sale;

(b)   A Manufacturer/Importer may sell the Fertilizer manufactured/imported by him in bulk to a manufacturer of mixture of Fertilizers, compound/complex Fertilizers or special mixture of Fertilizers; and

(c)    The Central Government may by notification published in the official Gazette in this behalf authorize a manufacturer/importer to sell any Fertilizer manufactured/imported by him in bulk also direct to farmers for such period as may be specified in that notification:

Provided that a certificate indicating the minimum guaranteed percentage of plant nutrients is issued by the manufacturer/importer to each farmer at the time of such sale.

23.  Disposal of non-standard Fertilizers.

(1)   Notwithstanding anything contained in this order, a person may sell, offer for sale, stock or exhibit for sale or distribute, any Fertilizer which, not being an adulterated Fertilizer, does not conform to the prescribed standard (hereinafter in this Order referred to as non-standard Fertilizer) subject to the conditions that:-

(a)    The container of such non-standard Fertilizer is conspicuously super scribed in red colour with the words "non-standard" and also with the sigh "X" and

(b)   An application for the disposal of non-standard Fertilizers in Form H is suited to the registering authority to grant a certificate of authorization for sale of such Fertilizers and a certificate of authorization with regard to their disposal and price is obtained in Form I

(c)    Such non-standard Fertilizer shall be sold only to the manufacturers of mixtures of Fertilizers of special mixtures of Fertilizers of research farms of Government or Universities or such bodies.

(2)   The price per unit of the non-standard Fertilizer shall be fixed by the registering authority after satisfying itself that the sample taken is a representative one and after considering the nutrient contents in the sample determined on the basis of a chemical analysis of the non-standard Fertilizer.

(3)   The Central Government may by notification in the official Gazette and subject to the conditions, if any, laid down in that notification and subject to guidelines issued in this regard by the Central Government exempt such pool handling agencies as it deems fit, from complying with conditions laid down in paragraphs (a) and (b) of the sub-clause(1)4

24.  Manufacturers/pool handling agencies to appoint officers responsible with compliance of the Order.

Every manufacturing organization importer and pool handling agency shall appoint in that organization and in consultation with the Central Government, an officer, who shall be responsible for compliance with the provisions of this Order.

25.  Restriction on sale / use of Fertilizers:

(1)   No person shall, except with the prior permission of the Central Government and subject to such terms and conditions as may be imposed by such Government, sell or use Fertilizer, for purposes other than fertilization of soils and increasing productivity of crops.

Provided that the price of Fertilizers permitted for sale for industrial use shall be no profit no loss price, excluding all subsidies at the production, import, handling or on sale for agricultural consumers;

Provided further that wherever customs or excise duties are chargeable these may be added to the price so fixed.

Provided also that in the case of non-standard Fertilizers, reductions shall be made from the no profit no loss price, indicated above, proportionate to the loss of nutrient contents.

(2)   Not withstanding anything contained in sub-clause (1) no prior permission for use of Fertilizer for industrial purposes shall be necessary when the Fertilizer certificate of registration granted under clause 9.

(3)   Any person possessing a valid certificate of registration for industrial dealer, unless such person is a State Government, a manufacturer/importer or a pool handling agency, shall not carry on the business of selling Fertilizers for agricultural purposes, including a wholesale dealer or a retail dealer. However, in case of a State Government, a manufacturer or a importer or a pool handling agency possessing a valid certificate of registration for sale of Fertilizer for industrial use, and also for sale of Fertilizer for agricultural use, whether in wholesale or retail or both, shall not carry on the business of selling Fertilizers both for industrial use and agricultural use in the same premises.

VII. ENFORCEMENT AUTHORITIES.

26.  Appointment of registering authority.

The State Government may, by notification in the Official Gazette, appoint such number of persons, as it thinks necessary, to be registering authorities for the purpose of this order excepting for grant or renewal of certificate of registration for industrial dealers, and may, in any such notification define the limits of local area within which each such registering authority shall exercise his jurisdiction.

27.  Appointment of inspectors.

The State Government, or the Central Government may, by notification in the Official Gazette appoint such number of persons, as it thinks necessary, to be inspectors of Fertilizers for the purpose of this Order, and may, in any such notification, define the limits of local area within which each such inspector shall exercise his jurisdiction.

27A Qualifications for appointment of Fertilizer inspectors.

No person shall be eligible for appointment as Fertilizer inspector under this order unless he possesses the following qualifications, namely: -

(1)   Graduate in agriculture or science with chemistry as one of the subjects, from a recognized university; and

(2)   Training or experience in the quality control of Fertilizers and working in the State or Central Government Department of Agriculture.

28.  Powers of inspectors.

(1)   An inspector may, with a view to securing compliance with this order:-

(a)    Require any manufacturer,  importer, pool handling agency, wholesale dealer or retail dealer to give any information in his possession with respect to the manufacture, storage and disposal of any Fertilizer manufactured or in any manner handled by him.

(b)   Draw samples of any Fertilizer in accordance with the procedure of drawl of samples laid down in Schedule II.

Provided that the inspector shall prepare the sampling details in duplicate in Form J and hand over one copy of the same to the dealer or his representative from whom the sample has been drawn;

(c)    Enter upon and search any premises where any Fertilizer is manufactured/imported or stored or exhibited for sale if he has reason to believe that any Fertilizer has been or is being manufactured/imported, sold, offered for sale, stored, exhibited for sale or distributed contrary to the provisions of this Order.

(d)   Seize or detain any Fertilizer in respect of which he has reason to believe that a contravention of this Order has been or is being or is about to be committed.

(e)    Seize any books of accounts or documents relating to manufacture, storage or sale of Fertilizers, etc. in respect of which he has reason to believe that any contravention of this Order has been or is being or is about to be committed;

Provided that the inspector shall give a receipt for such Fertilizers or books of accounts or documents so seized to the person from whom the same have been seized;

Provided further that the books of accounts or documents or documents so seized shall be returned to the person from whom they were seized after copies thereof or extracts therefore as certified by such person, have been taken.

(2)   Subject to the proviso to paragraphs (d) and (e) of sub-clause (1) the provisions of the Code of Criminal procedure, 1973 ( 2 of 1974) relating to search and seizure shall, so far as may be, apply to searches and seizures under this clause.

Provided also that the inspector shall give the stop sale notice in writing to the person whose stocks have been detained and initiate appropriate action as per the provisions of this order within a period of twenty-one days. If no action has been initiated by the inspector within the said period of twenty-one days from the date of issue of the said notice, the notice of stop sale shall be deemed to have been revoked.

(3)   Where any Fertilizer is seized by an inspector under this clause he shall forth with report the fact of such seizure to the collector whereupon the provisions of sections 6A 6B 6C 6D and 6E of the Act, shall apply to the authority disposal and confiscation of such Fertilizers.

(4)   Every person, if so required by an inspector, shall be bound to afford all necessary facilities to him for the purpose of enabling him to exercise his powers under sub-clause (1)

VIII. ANALYSIS OF SAMPLES

29.  Laboratory for analysis

A Fertilizer sample, drawn by an inspector, shall be analyzed in accordance with the instruction contained in Schedule II (Part B) in the "Central Quality Control and Training institute, Faradized or Regional Fertilizer Control Laboratories at Bombay, Madras or Kalyani (Calcutta) or in any other laboratory notified for this purpose by the State Government.

29A. Qualifications for appointment of Fertilizer analyst in the Fertilizer control laboratories.

No person shall be eligible for appointment as Fertilizer analyst for analysis of Fertilizers samples in the laboratories notified under clause 29 of the Order, unless he possesses the following qualifications, namely:-

(1)    Graduate in Agriculture or Science with chemistry as one of the subjects from a recognized university; and

(2)    Training in Fertilizer quality control and analysis at Central Fertilizer Quality Control and Training Institute, Faridabad.

Provided that the Fertilizer analysts appointed before the commencement of this order, who do not possess the requisite training, shall under go prescribed training, within a period of three years, in the Central Fertilizer Quality Control and Training Institute, Faridabad from the date of commencement of this Order.

30.  Time limit for analysis, and communication of result.

(1)   Where sample of a Fertilizer has been drawn, the same shall be dispatched along with a memorandum in Form K to the laboratory for analysis within a period of seven days from the date of its drawl.

(2)   The laboratory shall analyze the sample and forward the analysis report in Form L within 60 days from the date of receipt of the sample in the laboratory to the authority specified in the said memorandum.

(3)   The authority to whom the analysis report is sent under sub-clause (2) shall communicate the result of the analysis to the dealer/manufacture/importer/pool handling agency from whom the sample was drawn within 30 days from the date of receipt of the analysis report of the laboratory.

IX. MISCELLANEOUS

31.  Suspension/ Cancellation of Registration Certificate:-

(1)   A Registering authority or, as the case may be, the Controller may, after giving the holder of a certificate of registration, of a certificate of manufacture or any other certificate granted under this Order, an opportunity of being heard, suspend or cancel such certificate on any of the following grounds, namely:-

(a)    That such certificate has been obtained by misrepresentation as to material particulars;

(b)   That any of the provisions of this order or any of the terms and conditions of such certificate has been contravened or not fulfilled; 

Provided that while canceling the certificate the holder thereof may be allowed a period of 30 days to dispose of the balance stock of Fertilizers if any, held by him;

Provided further that the stock of Fertilizer lying with the holder after the expiry of the said 30 days period shall be confiscated;

(2)   Where the contravention alleged to have been committed by a person is such as would, on being proved, justify cancellation of the certificate of registration or, as the case may be, certificate of manufacture or any other certificate granted under this Order to such person the registering authority or, as the case may be, the Controller any, without any notice, suspend such certificate as an interim measure;

Provided that the registering authority or, as the case may be, the controller shall immediately furnish to the person details and the nature of contravention alleged to have been committed by such person and, after giving the person an opportunity of being heard, pass final orders either revoking the order of suspension or canceling the certificate within fifteen days from the date of issue of the order of suspension;

Provided further that where no final rode is passed within the period as specified above, the order of interim suspension shall be deemed to have been revoked without prejudice, however, to further action which the registering authority or as the case may be, the controller may take against the holder of the certificate under sub-clause (1)

(3)   Wherever a certificate is suspended or cancelled under this clause, the registering authority or, as the case may be, the Controller shall record a brief statement or the reasons for such suspension or, as the case may be cancellation and furnish a copy thereof to the person whose certificate has been suspended or cancelled.

(4)   Wherever the person alleged to have committed the contravention is an industrial dealer, the registering authority may also take action against the holder of such certificate of registration under sub-clause (1) and (2)

Provided that there such certificate is suspended or cancelled the registering authority shall, within a period of fifteen days from the date of issue of such Order of suspension or cancellation, furnish to the controller also, besides sending the same to the person whose certificate has been suspended or cancelled, a detailed report about the nature of contravention committed and a brief statement of the reasons for such suspension or, as the case may be cancellation;

Provided further that the controller, shall, in case of the order for suspension passed by the registering authority, on receipt of the detailed report and after giving the person an opportunity of being heard, pass final order either revoking the order of suspension or canceling the certificate of registration, within fifteen days from the date of receipt of the detailed report from the registering authority, failing which the order of interim suspension passed by the registering authority shall be deemed to have been revoked, without prejudice however, to further action which the controller may take against the holder of certificate under sub-clause (1)

Provided also that the order of cancellation passed by the registering authority shall remain effective as if it has been passed by the Controller till such time the Controller, on receipt of the detailed report from the registering authority, and if deemed necessary, after giving the person a fresh opportunity of being heard pass the final order either revoking or confirming the order of cancellation.

32.  Appeal

Any person, "excepting an industrial dealer or, as the case may be, the person desiring to obtain a certificate of registration for industrial dealer, aggrieved by:-

(1)   An order

(a)    Refusing to grant, amend or renew a certificate of registration for sale of Fertilizer; or

(b)   Refusing to grant a certificate of manufacture for preparation of mixture of Fertilizers or special mixture of Fertilizers, or

(c)    Suspending or canceling a certificate of registration or manufacture or;

(2)   Non-issuance of certificate or registration to him within the stipulated period may within sixty days from the date of receipt of such order or, as the case may be, from the date of expiry of such stipulated period, appeal to such authority as the State Government may specify in this behalf, and the decision of such authority shall be final.

33.  Grant of duplicate copies of certificate of registrations, etc.

Where a certificate of registration or a certificate of manufacture or any other certificate granted or, as the case may be, renewed under this order is lost the registering authority, or, as the case may be, the controller may, on an application made in this behalf, together with the fee prescribed for this purpose under clause 36 grant a duplicate copy of such certificate.

34.  Amendment of certificate of registration

The registering authority or, as the case may be, the controller may, on an application made in this behalf, together with the fee prescribed for the purpose under clause 36, amend a certificate of registration.

35.  Maintenance of records and suission of returns, etc.

(1)   The controller may by an order made in writing direct the dealers, manufacturers/importers, and pool handling agencies:-

(a)    To maintain such books of accounts, records, etc. relating to their business in Form "N" and

(b)   To suit to such authority, returns and statements in such form and containing such information relating to their business and within such time as may be specified in that order.

(2)   Where a person holds certificates of registration for retail sale and wholesale of Fertilizers, he shall maintain separate books of accounts for these two types of sales made by him.

(3)   Where a State Government, a manufacturer, + an importer and a pool handling agency holds valid certificates of registration for sale or Fertilizers in wholesale or retail or both and also for sale for industrial use, he shall maintain separate books of accounts for these two or three types of sales made by him.

(4)   Every importer shall inform the Director of Agriculture of the State in which he intends to discharge the imported Fertilizer, under intimation to the Central Government , before the import is made or within a period of fifteen days after an indent for import is placed, the following details, namely:-

(i)                Name of Fertilizer.

(ii)               Name of country of import.

(iii)              Name of manufacturer

(iv)             Quantity to be imported.

(v)              Date of arrival of the consignment.

(vi)             Name of the discharge port.

(viii)           Other information."

36.  Fees

(1)   The fees payable for grant, amendment or renewal of a certificate of registration or certificate of manufacture a duplicate of such certificates or renewal there of under this Order shall be such as the State Government may, with prior approval of the controller, from time to time fix, subject to the maximum fees fixed for different purposes by the Central Government and different fees may be fixed for different purposes or for different classes of dealers or for different types of mixtures of Fertilizer or special mixture.

Provided that no fee shall be payable by a person holding a valid certificate of manufacture for preparation of mixture of Fertilizers or special mixture of Fertilizer issued under the Fertilizer (Control) Order 1957 and making an application for grant or a fresh certificate of manufacture for preparation of such mixture after the commencement of this order.

(2)   The authority to whom and the manner in which the fee fixed under sub-clause (1) Shall be paid, shall be such as may be specified by the State Government by notification in the Official Gazette.

(3)   Any fee paid under sub-clause (1) shall not be refundable unless the grant or renewal of any certificate of registration or certificate of manufacture or duplicate copy of such certificate or renewal under this order has been refused.

(4)   The fees payable for grant, amendment, renewal or duplicate copy of certificate registration for industrial dealer and the authority to whom and the manner in which such fee shall be paid, shall be such as may be specified by the Controller from time to time by notification in the official Gazette.

37.  Service of orders and directions.

Any order or direction made for issued by the controller or by any other authority under this order shall be served in the same manner as provided in sub-section (5) of section 3 of the Act.

38.  Advisory Committee.

(1)   The Central Government may by notification in the Official gazette and on such terms and conditions as may be specified in such notification, constitute a committee called the Central Fertilizer Committee consisting of a Chairman and not more than ten other persons having experience or knowledge in the field, who shall be members of the committee, to advise the Central Government regarding:-

(i)                  Inclusion of a new Fertilizer, under this order;

(ii)                Specifications of various Fertilizers;

(iii)               Grades/formulations of physical/granulated mixtures of Fertilizers that can be allowed to be prepared in a State.

(iv)              Requirements of laboratory facilities in manufacturing unit, including a unit manufacturing physical/granulated mixtures of Fertilizers.

(v)                Methods of drawl and analysis of samples.

(vi)              Any other matter referred by the Central Government to the Committee.

(2)   The committee may, subject to the previous approval of the Central Government, made bye-laws fixing the quorum and regulating its own procedure and the conduct of all business to be transacted by it.

(3)   The committee may co-opt such number of experts and for such purposes or periods as it may deem fit, but any expert so co-opted shall not have the right to vote.

(4)   The committee may appoint one or more sub-committees, consisting wholly of members of the committee or wholly of co-opted members or partly of the members of the committee and partly of co-opted members as it thinks fit, for the purpose of discharging such of its functions as may be delegated to such sub-committee or sub-committees by the Central Fertilizer Committee.

(5)   The State Government may by notification in the Official Gazette and on such terms and conditions as may be specified in such notification, constitute a Committee called the State Fertilizer Committee consisting of a Chairman and not more than 4 other members having experience or knowledge in the field including a representative from State Agricultural University, the Fertilizer industry and Indian Micro Fertilizers Manufacturers Association to advise the State Government regarding the grades/formulations of mixture of Fertilizers.

39.  Repeal and saving

(1)   The Fertilizer (Control) Order, 1957 is hereby repealed except as respects things done or omitted to be done under the said Order before the commencement of this order.

(2)   Not withstanding such repeal, an order made by any authority, which is in force immediately before the commencement of this order and which is consistent with this Order, shall continue in force and all appointments made, price fixed, certificates granted and directions issued under repealed order and in force immediately before such commencement shall likewise continue in force and be deemed to be made, fixed, granted or issued in pursuance of this order till revoked.  

SCHEDULE -I

(See Clause 2(h) & (q))

PART - A

SPECIFICATIONS OF FERTILIZERS.

1(a). STRAIGHT NITROGENOUS FERTILIZERS.

PART -B

TOLERANCE LIMIT IN PLANT

NUTRIENT FOR VARIOUS FERTILIZERS