Chapter IV Chapter IV

Restriction on Manufacture, Sale etc. of Bio-Fertilisers

1. (1) No person shall himself or by any other person on his behalf,-
   • (i) manufacture for sale, sell, offer for sale, stock or exhibit for sale or distribute any Bio-fertiliser which is not prescribed standard;
   • (ii) manufacture for sale, sell, offer for sale, stock or exhibit for sale, or distribute any Bio-fertiliser, which is not of prescribed standard and which does not conform to the particulars specified in the certificate of manufacture granted to him under this Act in respect of Bio-fertilisers;
   • (iii) Sell, offer for sale, stock or exhibit for sale or distribute,-
   • (a) any Bio-fertiliser, the container whereof is not packed and marketed in the manner laid down in this Act;
   • (b) any Bio-fertiliser which is an imitation or substitute for another Bio-fertiliser under the name of which it is sold;
   • (c) any Bio-Fertiliser which is adulterated. Explanation: A Bio-Fertiliser shall be deemed to be adulterated, if it contains any substance addition of which is likely to eliminate or decrease the living organisms or make the fertiliser not conforming to the prescribed standard;
   • (d) any Bio-fertiliser, the label or container whereof bears the name of any individual, firm or company purporting to be manufacturer of the Bio-fertiliser, which individual, firm or company is fictitious or does not exist;
   • (e) any Bio-fertiliser, the label or container whereof or anything accompanying therewith bears any statement which makes a false claim for the Bio-fertiliser or which is false or misleading in any material particular;
   • (f) any substance purported to be a Bio-fertiliser which substance is not, infact, a Bio-fertiliser; or
   • (g) any bio-fertiliser which is not properly labelled by exhibiting the minimum guaranteed count of living organisms.
2. (2) Any manufacturer who intends to manufacture for sale/offer for sale/ stock, or exhibit for sale or distribute any bio-fertiliser other than those specified in the Schedule-I shall make an application to the prescribed authority and the same shall be scrutinized by the Technical Committee appointed for this purpose by the Government and be recommended to the

Manufacturers to comply with certain requirements for Laboratory facility - Every manufacturer shall in order to ensure the quality of their product possess minimum lab facility as may be specified form time to time by the Controller.

Act,-

1. (i) a dealer shall not retain any container of any variety of bio-fertiliser in an open and unsealed condition for the purpose of sale;
2. (ii) the Government may by notification authorize a manufacturer to sell any Bio-Fertiliser manufactured by him in bulk also direct to the farmers for such period as may be specified in that notification: Provided that certificate indicating the minimum guaranteed living cells be issued by the manufacturer to each farmer at the time of such sale.

(1) Not withstanding anything contained in this Act, no person shall sell or offer for sale, stock, exhibit for sale or distribute, any bio-fertiliser which does not conform to the prescribed standards unless the Bio-fertiliser is reprocessed by the manufacturer under the supervision of enforcing authorities, in the manner prescribed.

Act - Every manufacturing organization shall in consultation with the Government, appoint an officer in that organisation who shall be responsible for compliance with the provisions of this Act.

No person shall, except with prior permission of the Government, and subject to such terms and conditions as may be imposed by the Government, sell or use Bio-Fertilizers for purposes other than fertilisation of soils and increasing productivity of crops. CHAPTER-V Enforcement Authorities

Government may by notification appoint an officer as the Controller, for the purposes of this Act.

1. (2) The Government may by notification appoint such number of persons as it thinks necessary, to be the registering authorities for the purposes of this

Appointment of Inspectors - The Government may be notification appoint such number of persons, as it thinks necessary to be Inspectors of Bio- Fertilisers for the purpose of this Act, and may in such notification define the limits of local area within which each such inspector shall exercise his jurisdiction.

No person shall be eligible for appointment as Bio-fertiliser Inspector, under this Act unless he possesses the qualification namely Graduation in Agriculture from a recognized

Powers of Inspectors - (1) An Inspector may with a view to securing compliance with this Act,-

1. (i) require any manufacturer or a dealer to give any information in his possession, with respect to the manufacture, storage and disposal of any Bio-fertiliser manufactured or in any manner handled by him;
2. (ii) draw samples of any Bio fertilizer in accordance with the procedure for drawal of samples laid down in Schedule II: Provided that the Inspector shall prepare the sampling details in duplicate as may be prescribed and hand over one copy of the same to the dealer or his representative from whom the sample has been drawn;
3. (iii) enter upon and search any premises where any Bio-fertiliser is manufactured or stored or exhibited for sale, if he has reason to believe that any Bio-fertiliser has been or is being manufactured, sold, offered for sale, stored, exhibited for sale or distributed contrary to the provisions of this Act;
4. (iv) seize or detain any Bio-fertiliser in respect of which he has reason to believe that a contravention of this Act has been or is being or is about to be committed;
5. (v) seize any books of accounts or documents relating to manufacture, storage or sale of Bio-fertiliser etc in respect of which he has reason to believe that any contravention of this Act has been or is being or is about to be committed: Provided that the Inspector shall give a receipt for such Bio- fertilisers or books of accounts or documents so seized to the person from whom the same has been seized: Provided further that the books of accounts or documents so seized shall be returned to the person from whom they were seized after copies thereof or extracts there from as certified by such person, have been taken: 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 Act or the rules made thereunder 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.

1. (2) Where any Bio-fertiliser is seized by any Inspector under this section he shall forthwith report the fact of seizure to the respective Magistrate and seek further orders.