FERTILISER (CONTROL) ORDER, 1985
a. Every dealer shall issue a cash or credit memorandum to a purchaser of a fertiliser in Form M*
The Central Government may, with a view to securing equitable distribution and availability of fertilisers to the farmers in time, by notification in the Official Gazette, direct any manufacturer/importer to sell the fertilisers produced by him in such quantities and In such State or States and within such period as may be specified in the said notification.
No person shall sell, offer for sale or carry on the business of selling of fertilizer at any place as wholesale dealer or retail dealer except under and in accordance with clause 8 :
Provided that a State Government may, if it considers it necessary or expedient, by notification in the Official Gazette, exempt from the provisions of this clause any person selling fertilizer to farmers in such areas and subject to such conditions as may be specified in that notification.
1. Every person intending to sell or offer for sale or carrying on the business of selling of fertilizer as Industrial Dealer shall obtain a certificate of registration from the controller by making an application in Form A together with the fee prescribed under clause 36 and a Certificate of source in Form O.
2. Every person including a manufacturer, an importer, a pool handling agency, wholesaler and a retail dealer intending to sell or offer for sale or carrying on the business of selling of fertilizer shall make a Memorandum of Intimation to the Notified Authority, in Form A1 duly filled in, in duplicate, together with the fee prescribed under clause 36 and certificate of source in Form O.
3. On receipt of a Memorandum of Intimation, complete in all respects, the Notified Authority shall issue an acknowledgement of receipt in Form A2
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.
d. if he fails to enclose with the application a certificate of source ; or
Every certificate of registration granted under clause 9 and every authorization letter issued under clause 8 shall, unless renewed, suspended or cancelled, be valid for a period of three years from the date of its issue.
1. Every holder of a certificate of registration granted under clause 9 or authorization letter granted or deemed to have been granted under clause 8, desiring to renew such certificate or authorization letter shall, before the date of expiry of such certificate of registration or authorization letter, as the case may be, make an application for renewal to the Controller, in Form C, or to the Notified Authority in Form A1, respectively, 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 an application under sub-clause (1), together with such fee and certificate of source, the controller may renew the certificate of registration or the Notified Authority, as the case may be shall issue acknowledgement receipt of renewal in form A 2. Provided that a certificate of registration shall
No person shall carry on the business of preparing any mixture of fertilisers. or special mixture of fertilizers, Bio-fertilizers or Organic fertilisers except under and in accordance with the terms and conditions of a certificate of manufacture granted to him under clauses 15 or 16.
1. Subject to the other provisions of the order
(a) no person shall manufacture any *mixture of fertilisers whether of solid or liquid fertilizers specified in Part a of schedule I unless such mixture conforms to the standards set out in the notification to be issued by the Central Government in the Official Gazette;
(b) no person shall manufacture any biofertiliser unlessl such biofertiliser conforms to the standards set out in the part A of Schedule III.
(c) no person shall manufacture any Organic fertilizer unless such organic fertilizer conforms to the standards set out in the part A of Schedule IV.
2. Subject to the other provisions of this order, no person shall manufacture any mixture of fertilisers unless such mixture conforms to the standar
1. Every person desiring to obtain a certificate of manufacture for preparation of any mixture of fertilisers or special mixture of fertilisers 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 fertilisers or special mixture of fertilisers shall make an application to the registering authority
a. if he is an applicant for a certificate of manufacture for any mixture of fertilisers in Form D, in duplicate, together with the fee prescribed there for 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 there for under the said clause 36 and an atte
1. On receipt of an application under clause 14, the registering authority shall, by order in writing, either grant or refuse to grant the certificate of manufacture in respect of any mixture of fertilizer, Biofertiliser, Organic fertiliser or special mixture of fertilizer and shall, within forty-five days from the date of receipt of the application, furnish to the applicant a copy of the order so passed;
2. Where an application for a certificate of manufacture for mixture of fertilizers, Biofertiliser, Organic fertiliser 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 within forty five dates from the date of receipt of the application, ]grant a certificate of manufacture to the
1. No certificate of manufacture in respect of any special mixture of fertilisers shall be granted to an applicant unless he holds a valid certificate of manufacture under this Order for any mixture of fertilisers.
2. Every certificate of manufacture granted in respect of any special mixture of fertilisers shall be valid for a period of [sixmonths] 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 periods so extended shall not exceed [twelve months]
Every certificate of manufacture granted under clause 15 for preparation of a mixture of fertilizers, Biofertiliser or Organic fertilizers shall, unless suspended or cancelled, be valid for a period of three years from the date of issue.
1. Every holder of a certificate of manufacture for preparation of a mixture of fertilizers, Biofertiliser, Organic fertiliser 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 manufacture 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 manufacture.
3. If an application for renew
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 fertlliser 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 fertilisers, 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 fertilisers 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 fertiliser th
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 fertilisers.
Notwithstanding anything contained in this Order, the Central Government may, by order published in the Official Gazette, notify specifications, valid for a period not exceeding three years, in respect of fertilizers to be manufactured by any manufacturing unit for conducting commercial trials.
Notwithstanding anything contained in this Order, the Central Government may by order published in the Official Gazette, notify specification, valid for a period not exceeding three years in respect of customized fertiliser to be manufactured by any manufacturing unit.
every manufacturer/importer and pool handling agency shall, in regard to packing and marking of containers of fertilisers, Biofertiliser or Organic fertiliser comply with the following requirements, namely:-
a. Every container in which any fertiliser is packed shall conspicuously be superscribed with the word FERTILISER and shall bear only such particulars and unless otherwise required under any law nothing else, as may from time to time, be specified by the Controller in this behalf, and;]
(aa) Every container in which any Biofertiliser or Organic fertilizer is packed shall conspicuously be superscribed with the word BIO-FERTILISER/ ORGANIC FERTILISER and shall bear only such particulars and unless otherwise required under any law nothing else, as may from time to time, be specified by the Controller in this behalf,
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.
Notwithstanding anything contained In this Order:-
a. a retail dealer may retain at any time one bag or container of each variety of fertiliser in an open and unsealed condition for the purpose of sale;
b. a manufacturer/importermay sell the fertiliser manufactured/imported by him in bulk to a manufacturer of mixture of fertilisers, compound / complex fertilisers or special mixture of fertilisers; and
c. the Central Government may by notification published in the Official Gazette in this behalf authorise a manufacturer/importer to sell any fertiliser 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/import
1. Notwithstanding anything contained In this Order, a person may sell, offer for sale, stock or exhibit for sale or distribute, [any fertiliser except any fertiliser imported by the Central Government] which, not being an adulterated fertiliser, does not conform to the prescribed standard (hereinafter in this Order referred to as non-standard fertiliser) subject to the conditions that:-
a. the container of such non-standard fertilizer is conspicuously superscribed in red colour with the words "non-standard" and also with the sign "X"; and
b. an application for the disposal of non-standard fertilisers in Form H is submitted to the [Notified authority] to grant a certificate of authorisation for sale of such fertilisers and a certificate of authorisation with regard to their disposal and price is obtained in Form I.
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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.
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 fertiliser, for purposes other than fertilisation of soils and increasing productivity of crops.
Provided that the price of fertilisers 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 fertilisers, reductions shall be made from the no profit no loss price, indicated above, proportionate to the loss of nutrient contents.
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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 [ $]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.
The State Government may, by notification in the Official Gazette, appoint such number of persons, as it thinks necessary, to be Notified Authorities for the purpose of this Order and define the local limits within which each such Notified Authority shall exercise his jurisdiction.
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 fertilisers 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 jurisdictions.
No person shall be eligible for appointment as Fertiliser 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 recognised university; and
2. Training or experience in the quality control of fertilisers and working in the State or Central Government Department of Agriculture.
No person shall be eligible for appointment as inspector of biofertiliser and Organic fertilizer under this Order unless he may possess the following qualifications, namely:
(1) Graduate in agriculture or science with chemistry/microbiology as one of the subject; and
(2) Training or experience in the field of quality control of biofertilisers/organic fertilizers.
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 fertiliser in accordance with the procedure of drawal 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;
(ba) draw samples of any biofertilisers in accordance with the procedure of drawl of samples laid down in schedule III.
1. A fertiliser samples, drawn by an inspector, shall be analyzed in accordance with the instructions contained in Schedule II in the -Central Fertiliser Quality Control and Training Institute, **Faridabad or Regional Fertiliser Control Laboratories at Bombay, Madras or Kalyani (Calcutta) or in any other laboratory notified for this purpose by the State Government [with the prior approval of the Central Government.
(1A) Biofertiliser samples, drawn by an inspector, shall be analyzed in accordance with the instructions contained in Schedule III in the National Centres of Organic Farming, Ghaziabad or Regional Centres of Organic Farming at Bangalore, Bhubaneshwar, Hissar, Imphal, Jabalpur and Nagpur or in any other laboratory notified by the Central or State Government.
(1B) Organic fertiliser samples, drawn by an inspector, shall be analy
No person shall be eligible for appointment as fertiliser analyst for analysis of fertiliser 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 recognised university; and
2. training In fertiliser quality control and analysis at Central Fertilizer Quality Control and Training Institute, Faridabad.
Provided that the fertiliser analysts appointed before the commencement of this Order, who do not possess the requisite training, shall undergo prescribed training, within a period of three years, in the Central Fertiliser Quality Control " and Training Institute, Faridabad from the date of commencement of this Order.
1. Every laboratory referred to in sub-clause (1) of clause 29 shall be designated as referee laboratory for the purpose of analysis of any sample of fertiliser :
Provided that no such laboratory which carried out the first analysis of the fertiliser sample shall be so designated in respect of that sample:
Provided further that in respect of any sample the analysis of which has been challenged, may be sent for referee analysis to any one of the other laboratories except those which are located in the State or where the first analysis has been done.
Provided also that the Central Fertiliser Quality Control and Training Institute and Regional laboratories shall be considered as one group of laboratories and a sample first analysed by any one of them, shall not be sent for referee analysis to any
1. Where sample of a fertlliser has been drawn, the same shall be dispatched alongwith a memorandum in Form K and in case of Organic fertilizers and Biofertilisers in Form KI to the laboratory for analysis within a period of seven days from the date of Its drawal.
2. The laboratory shall analyse the sample and forward the analysis report in Form L and in case of Organic fertilizer and Biofertiliser in Form LI within [30 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/manufacturer/Importer/pool handling agency from whom the sample was drawn within [15 days] from the date of receipt of the analysis report of the laboratory.
1. A Notified Authority, registering authority, or as the case may be, the controller may, after giving the authorized dealer or the holder of certificate of registration or certificate of manufacture or any other certificate granted under this Order, an opportunity of being heard, suspend such authorization letter or certificate or debar the dealer from carrying on the business of fertilizer on one or more of the following grounds, namely:-
a. that the authorization letter or certificate of registration or certificate of manufacture, as the case may be, has been obtained by wilful suppression of material facts or by misrepresentation of relevant particulars:
b. that any of the provisions of this Order or any terms and condition of the Memorandum of Intimation or certificate of registration or the certificate of manufacture, as the case
1. In any State, where the fertiliser allocation is made by the Central Government under this Order and if the suspension or cancellation of authorization letter of the manufacturer and or pool handling agency or debarment of business, in any way, has an effect of dislocating the said allocation and if the Central Government is of the opinion that it is necessary or expedient so to do for maintaining the supplies, may direct the concerned State Government to furnish detailed report about the nature of contravention and a brief statement of the reasons for such suspension or cancellation and pass such order as it may think fit, confirming, modifying or annulling the order of State Government
Provided that if the report called by the Central Government is not received from the State Government within a period of fifteen days from the date of issue of the communication, the Central Go
1. The State Government shall, by notification in the Official Gazette, specify such authority as the Appellate authority before whom the appeals may be filed within 30 days from the date of the order appealed against by any person, except by an industrial dealer, aggrieved by any of the following Orders or action of registering authority or a Notified Authority, namely:-
i. Refusing to grant a certificate of manufacture for preparation of mixture of fertilisers or special mixture of fertilizers; or
ii. Suspending or canceling a certificate of manufacture; or
iii. Suspending or canceling authorization letter or debarring from carrying on the business of selling of fertilizer, or
iv. non-issuance of certificate of manufacture within the stipulated pe
Where [authorization letter or ] 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 or [defaced, the notified authority ]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.
The Notified Authority, registering or controller, as the case may be, may, on application being made by the holder of an authorization letter, a certificate of registration or certificate of manufacture, together with the fee prescribed for the purpose under clause 36, amend an entry in such authorization letter, certificate of registration or certificate of manufacture as the case may be.
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 submit 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 sale of fertilisers, 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 of fertilisers in, wholesale
1. The fees payable for grant, amendment or renewal of a[n authorization letter] or certificate of registration or certificate of manufacture a duplicate of such certificates or, renewal thereof under this Order shall be such as the State Government may, 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 fertiliser or special mixture.
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 cer
Any order or direction made or 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.
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 Fertiliser 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 fertiliser, under this Order;
ii. specifications of various fertilisers;
iii. grades/formulations of physical/granulated mixtures of fertilisers that can be allowed to be prepared in a State;
iv. requirements of laboratory facilities in a manufacturing unit, including a unit manufacturing physical/granulated mixtures of fertilisers;
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1. The Fertiliser 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. Notwithstanding 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, prices 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.
[See Clause 2(h) & (q)]
PART-A
SPECIFICATIONS OF FERTILIZERS*
1(a). STRAIGHT NITROGENOUS FERTILIZERS
1. Ammonium Sulphate
a. Moisture per cent by weight, maximum 1.0
b. Ammoniacal nitrogen per cent by weight, minimum 20.6
c. Free acidity (as H2SO4.) per cent by weight, maximum (0.04 for material obtained from by-product ammonia and by-product gypsum) 0.025
d. Arsenic as (As2O3) per cent by weight, maximum 0.01
e. Sulphur (as S), per cent by weight, minimum 23.0
2. Urea (46% N) (W
Schedule 1 of the Fertiliser (Control) Order, 1985 (FCO 1985), promulgated under Section 3 of the Essential Commodities Act, 1955, specifies the list of fertilisers (Part A: chemical fertilisers; other parts for mixtures, bio-fertilisers, etc.), their standards, nutrient contents, tolerance limits, and permissible variations. It ensures quality control, equitable distribution, and prevents substandard or adulterated products from reaching farmers. Violations, such as manufacturing/selling non-conforming fertilisers, attract penalties under Section 7 of ECA 1955. Judicial interpretations emphasize strict compliance with Sch. I standards for prosecutions.
Schedule 1 prescribes detailed specifications for fertilisers listed in Part A (e.g., Urea, DAP, MOP), including minimum nutrient percentages (e.g., Nitrogen, Phosphorus, Potash), maximum moisture, and tolerance limits. No person shall manufacture, import, sell, stock, or distribute fertilisers not conforming to these standards (linked to Cl. 13, 19). Mixtures must match notified grades; non-conformance deems them substandard/adulterated. Analysis must follow Sch. II procedures.
Sch. 1 defines enforceable quality benchmarks for all fertilisers under FCO 1985. Covers manufacture, import, sale, stocking, distribution of listed items/mixtures. Applies to dealers, manufacturers; exemptions rare (e.g., societies distributing without sale [Guno Majra Co-operative Agriculture Service Society Ltd. VS State Of Punjab]). Non-standard products require special marking/sale restrictions (Cl. 23). Scope extends to bogus/adulterated products mis-sold as Sch. I items; protects farmers from fraud.
Violations of Sch. 1 standards (via Cl. 13/19) punishable under ECA S.7: imprisonment 3 months-7 years + fine (min. 3 months unless special reasons); repeat offences: min. 6 months. Property forfeiture (S.7(1)(b)); debarment/cancellation of licence (Cl. 31). Abetment under S.8 ECA.
(b) Standard Zinc solution (1000 ppm) - Weigh accurately
1.0 g of zinc metal in a beaker. Add 20 ml HCL (1:1).
Keep it for few hours and allow it to dissolve
completely. Transfer the solution to 1 litre
volumetric flask. Make the volume upto the mark.
(c) Concentrated Ammonia solution (sp.gr.0.88)
(d) Ammonium Nitrate - AR grade salt.
(e) Buffer solution (pH-10) - Dissolve 8.0 g AR grade
ammonium nitrate in 65 ml of water and add 35 ml of
concentrated ammonia solution (sp.gr.-0.88)
(f
[see clause 2(h) and (q)]
1[PART-A
SPECIFICATIONS OF BIOFERTILISERS
1. Rhizobium
(i) Base = Carrier based* in form of moist/dry powder or granules, or liquid based
(ii) Viable cell count CFU minimum 5x107 cell/g of powder, granules or carrier material or 1x108 cell/ml of liquid.
(iii) Contamination level - No contamination at 10s dilution
(iv) pH 6.5 - 7.5
(v) Particle size in case of earner -based material All material shall pass through 0.15-0.212 mm IS sieve
(vi) Moisture percent by weight, maximum in case of carrier based
Central Pollution Control Board).
12. Estimation of Arsenic
Processing of sample - Suspend 10 gm finely ground sample in 30 ml aquaregia (HNO3 + HCl in a ratio of 1:3) in a beaker. Keep on hot plate till moist black residue is obtained (do not dry). Add 5 ml aquaregia and allow to dry on hot plate till residue is moist. Dissolve the residue in 30 ml conc. HCl and filter through Whatman No.1 filter paper in 100 ml volumetric flask. Wash filter paper 3-4 times with double distilled water. Make up the volume to 100 ml. Take 1 ml of this solution in 100 ml volumetric flask, add 5ml conc. HCl and 2 gm KI and make up the volume to 100 ml.
Prepare standards having concentration of 0.05, 0.1 and 0.2 ppm by diluting 0.05, 0.1 and 0.2 ml, respectively of standard Arsenic solution with double distilled w
(1) This order be called the Fertilizer (Movement Control) Order, 1973.
(2) It shall come into force on the date of its publication in the Official Gazette.
(a) In this Order unless the context otherwise requires 'export'means to take or cause to be taken out of any place within a State to any place outside that State.
(b) 'Fertilizer' shall have the same meaning as in sub-clause (h) of clause 2 of the Fertilizer (Control) Order, 1985 but shall not include 'Ammonium Sulphate', 'Ammonium Chloride', 'Calcium Ammonium Nitrate (25% N), 'Calcium Ammonium Nitrate (26% N)' 'Bonemeal Raw', 'Bonemeal Steamed', 'Rock Phosphate', 'Potassium Sulphate', 'Zinc Sulphate', Manganese Sulphate', 'Borax (Sodium Tetraborate) (Na2B4O7.10H2O)', Solubor (Na2B4O7, 5H2O+Na2B10 O16 10H2O)', 'Copper Sulphate (CuSO4.5H2O), 'Ferrous Sulphate (FeSO4.7H20)' Ammonium Molybdate (NH4)6 MO7 O24.4H2O), 'Chelated Zinc as Zn-EDTA,' Chelated Iron as Fe-EDTA AND 'Zinc Sulphate,' Monohydrate (ZnSO4.H2O) appearing at serial numbers 1(a) 1, 1(a) 4 to 1 (a) 6, 1(b) 4 to 1(b) 6,
No person shall export or attempt to export, or abet the export of any fertilizer, of which allocation is made by the Government, from any State :
Provided that nothing in this clause shall apply to the export of fertilizers under and in accordance with an authority issued by the Government of India in the Ministry of Chemicals and Fertilizers or the Director of Agriculture of a State Government or any other officer authorised by the said State Government in this behalf :
Provided further that the export of physical and granulated mixtures of fertilizers from one State to another shall be subject to an authorisation, allowing entry of the material in the State to which it is being exported, by the Director of Agriculture or such other officer authorised by the said State Government in this behalf :
The distribution and movement of fertilizers along with the imports of finished fertilizers, fertilizer inputs and production of indigenous units shall continue to be monitored through online Web Based "Fertilizer Monitoring System.
2. Inserted by the Fertilizer (Movement Control) Amendment Order, 2010 vide Order No. SO1684(E) dated 07.07.2010.
The Department shall continue to draw the supply plan of all the fertilizers including Phosphatic and Potassic in consultation with the manufacturers and importers of finished fertilizers and continue to convey the supply plan, agreed upon by manufacturers and importers of fertilizers and Department of Fertilizers, to the respective State Governments on month to month basis.
In addition to fifty per cent of indigenous production of Urea, twenty per cent of the Phosphatic and Potassic fertilizers produced or imported in India shall be regulated under clause 6 of the Fertilizer (Control) Order, 1985, the Fertilizer (Movement Control) Order, 1973 and the Essential Commodities Act, 1955.]
(1) Any inspector of fertilizers appointed under clause 27 of the Fertilizer (Control) Order, 1985, or any Police Officer not below the rank of a head constable may, with a view to securing compliance with this Order or to satisfy himself that this Order has been complied with.
(a) Stop and search, any person, boat, motor or any other vehicle or any receptacle used or intended to be used for the export of fertilizers.
(b) Enter and search any place;
(c) Seize any fertilizer in respect of which he has reason to believe that any provision of this Order has been, is being or is about to be contravened along with the packages, coverings or receptacles in which such fertilizer is found or animals, vehicles, vessels, boats or conveyance used in carrying such fertilizer and thereafter take measures
Section O.4 of the Fertilizer (Movement Control) Order 1973 pertains to the legal framework governing the movement and transportation of fertilizers within the country, ensuring compliance with prescribed standards and regulations to prevent illegal trade, adulteration, and unauthorized movement.
While the specific text of Section O.4 is not provided, the section generally addresses the authority of officers to inspect, seize, and regulate the movement of fertilizers, and mandates compliance with the provisions of the Order, including adherence to licensing, registration, and movement restrictions.
"Authority of Inspectors" - Section O.4 confers powers on appointed inspectors to inspect, seize, and detain fertilizers during transit or storage, ensuring enforcement of movement controls [Boyina Samba Murthy and Sons VS Mandal Revenue Officer].
"Proper Appointment" - Only officers appointed under Clause 19 of the Fertilizer Order, 1957, or subsequent amendments, have jurisdiction to inspect and seize fertilizers; unauthorized officers' actions are invalid [Boyina Samba Murthy and Sons VS Mandal Revenue Officer].
"Inspection Procedure" - The procedure for inspection, sampling, and detention must strictly adhere to the provisions laid down in Schedule II of the Order; non-compliance invalidates proceedings [Chandra Prakash VS State Of Rajasthan].
"Seizure and Detention" - Seizure of fertilizers without proper authority or in violation of prescribed procedures is illegal and can be challenged in courts [Yogendra Sah VS State Of Bihar].
"Movement Restrictions" - The Order explicitly restricts movement of fertilizers without valid movement permits; violation constitutes an offense under the Act [District and Sessions Judge, Guntur VS State Of A. P. ].
"Penalties for Contravention" - Contravention of movement restrictions or adulteration provisions attracts penalties including fines, imprisonment, and confiscation of stocks [01100041025].
"Criminal Liability" - Under Section 7 of the Essential Commodities Act, mens rea is not a necessary element; liability arises upon contravention of the Order, regardless of intent [District and Sessions Judge, guntur VS State OF A. P. , Hyderabad].
"Sampling and Analysis" - Mandatory procedures for sampling and analysis must be followed; deviation affects the validity of evidence and proceedings [Chandra Prakash VS State Of Rajasthan].
"Role of Authorized Officers" - Only officers authorized under the Order can exercise inspection, seizure, and detention powers; actions by unauthorized persons are null and void [Boyina Samba Murthy and Sons VS Mandal Revenue Officer].
"Legal Validity of Orders" - Orders made under Section 3 of the Act, including movement restrictions, are within the constitutional powers of the legislature, provided procedural safeguards are observed [District and Sessions Judge, Guntur VS State Of A. P. ].
"Court Interventions" - Courts have quashed proceedings where the authority of officers was not established or procedures for inspection and seizure were not followed properly [Sarjubai wd/o. Mishrilal Rathore VS State of Maharashtra].
"Protection of Rights" - Violations of procedural safeguards, such as denial of opportunity for independent testing or improper detention, violate constitutional rights under Articles 14 and 21 [Chandra Prakash VS State Of Rajasthan].
"Scope of Penalties" - Penalties are prescribed for manufacturing, sale, or movement of non-standard or adulterated fertilizers, emphasizing strict compliance [DY. COMMR. OF SALESTAX VS SHAW WALLACE & CO. LTD. ].
"Adulteration and Standard Compliance" - Sale or possession of fertilizers not conforming to prescribed standards is an offense, with strict penalties and confiscation [Indian Potash Ltd. VS State of Kerala].
"Legal Precedents" - Courts have consistently held that actions beyond the powers conferred by the Order are illegal, and proceedings based on such actions are liable to be quashed [District and Sessions Judge, Guntur VS State Of A. P. ].
"Legal Safeguards" - The Order provides for safeguards such as proper appointment, documentation, and procedural compliance, which are essential for validity of enforcement actions [PATEL CHUNIBHAI RANCHHODDBHAI VS JOITARAM RAMBHAI PATEL].
"Enforcement Officers' Responsibilities" - Officers must exercise powers within the scope of their appointment and follow statutory procedures; overreach or unauthorized actions are invalid [Indian Ammonium Nitrate Manufacturers association Mumbai VS Union of India, Ministry of Law, Justice and company Affairs].
"Impact of Judicial Review" - Courts have struck down actions or proceedings where procedural violations, lack of proper authority, or illegal detention were established, reinforcing the rule of law [Sarjubai wd/o. Mishrilal Rathore VS State of Maharashtra].
In summary, Section O.4 of the Fertilizer (Movement Control) Order 1973 grants specific powers to authorized officers to inspect, seize, and regulate the movement of fertilizers, with strict adherence to procedural safeguards and appointment of competent officers. Any deviation or overreach can render enforcement actions invalid and subject to judicial review. Proper appointment, documentation, and procedural compliance are the pillars ensuring legality and constitutionality of actions taken under this section.
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