Chapter VII Chapter VII

Miscellaneous

authority or, as the case maybe, the Controller may, after giving the holder of a certificate of registration, or a certificate of manufacture or any other certificate granted under this Act, an opportunity of being heard, suspend or cancel such certificate on any of the following grounds namely: -

1. (i) that such certificate has been obtained by fraud or misrepresentation as to material particulars:
2. (ii) that any of the provisions of this Act or any of the terms and conditions of such certificate has been contravened or not fulfilled: Provided that while cancelling the certificate the holder thereof may be allowed a period of 30 (thirty) days to dispose of the balance stock of bio-fertilisers if any held by him: Provided further that the stock of Bio-fertiliser lying with the holder after the expiry of the said 30 (thirty) days period shall be confiscated:

1. (2) Where the contravention alleged to have been committed by a person is such as should, on being proved, justify cancelling of the certificate of registration or, as the case may be certificate of manufacture or any other certificate granted under this Act to such person the registering authority or as the case may be, the Controller may 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 affected person/persons details and the nature of contravention alleged to have been committed by such person/persons and, after giving the person/persons an opportunity of being heard, pass final orders either revoking the order of suspension or cancelling such certificate within fifteen days from the date of issue of the order of suspension: Provided further that where no final order is passed within the period as specified above, the order of interim suspension shall be deemed to have been revoked without prejudice, however to any further action which the Registering authority or, as the case may be the Controller may take against the holder of the certificate of registration under sub-section (1).
2. (3) Whenever a certificate is suspended or cancelled under this section, the registering authority or as the case may be, the controller shall record a brief statement of 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.
3. (4) Whenever a person is alleged to have committed the contravention, 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 seasons for such suspension or, as the case may be cancellation: Provided that the Controller, shall in case of the order of 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 cancelling 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 any further action which the Controller may take against the holder of certificate of registration under subsection (1). Provided further 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.

Any person aggrieved by any of the following orders or action of registering Authority or as the case may be the Controller may appeal to such authority as may be prescribed by the Government,- (i) refusing to grant, amend or renew the certificate of registration for sale of Bio-fertilisers. (ii) refusing to grant a certificate of manufacture for production of Bio-fertilisers. (iii) suspending or cancelling a certificate of registration of a manufacturer/ dealer. (iv) Non issuance of certificate of Registration to any person within a period of 60 (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, and the decision of such authority shall be final.

1. (i) refusing to grant, amend or renew the certificate of registration for sale of Bio-fertilisers.
2. (ii) refusing to grant a certificate of manufacture for production of Bio-fertilisers.
3. (iii) suspending or cancelling a certificate of registration of a manufacturer/ dealer.
4. (iv) Non issuance of certificate of Registration to any person within a period of 60 (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, and the decision of such authority shall be final.

Where a certificate of registration or a certificate of manufacture or any other certificate granted or as the case may be, renewed under this Act is lost, torn or spoiled or defaced as the case may be, 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 Section 30 of the Act grant a duplicate copy of such certificate.

The registering authority or as the case may be the Controller may amend the certificate of Registration on an application made in this behalf together with the fee as prescribed under

an application made in this behalf together with the fee as prescribed under

Maintenance of Records and submission of returns etc.,-(1)The Controller may be an order made in writing direct the dealer/ manufacturer,-

1. (i) to maintain such books of accounts, records etc, relating to their business in form as may be prescribed, and
2. (ii) 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 this Act.

1. (2) Where a person holds certificate of registration for sale of Bio fertilisers, he shall maintain separate books of Account for the sales made by him.
2. (3) Where the Government or a manufacturer holds a valid certificate of registration for sale of Bio-fertilisers, they shall maintain separate books of accounts for the sales made by them.

(1) The fees payable for grant, amendment or renewal of certificate of registration, or certificate of manufacture, or grant of duplicate of such certificates or renewal thereof under this Act shall be such as the Government may from time to time fix for different purposes. (2) The authority to whom and the manner in which the fee fixed under sub section (1) shall be such as may be notified by the Government. (3) Any fee paid under subsection (1) shall not be refundable unless the grant or renewal of any certificate of registration or certificate of manufacture to grant of duplicate copy of such certificate or renewal under this Act has been refused.

1. (2) The authority to whom and the manner in which the fee fixed under sub section (1) shall be such as may be notified by the Government.
2. (3) Any fee paid under subsection (1) shall not be refundable unless the grant or renewal of any certificate of registration or certificate of manufacture to grant of duplicate copy of such certificate or renewal under this Act has been refused.

(i) manufactures, sells, stocks or exhibits for sale or distributes any Bio-fertiliser deemed to be nonstandard under Section 2 (10); or (ii) manufactures, sells, stocks or exhibits for sale or distributes a Bio- fertiliser without a certificate of Registration; or (iii) manufactures, sells or distributes a Bio-fertiliser in contravention of Section 12; or (iv) obstructs a Bio-fertiliser inspector in the exercise of his powers of charge of this Act,- shall be punishable,- (a) for the first offence, with imprisonment for a term which may extend to one year or with fine which may extend to rupees fifty thousand, or with both; (b) for the second and subsequent offence with imprisonment of a term which may extend to two years or with fine which may extend to rupees one lakh, or with both. (2) Whoever contravenes any other provisions of this Act or any conditions of Certificate of registration granted thereunder shall be punishable;- (a) for the first offence with imprisonment which may extend to six months or with fine which may extend to five thousand rupees or with both; (b) for the second subsequent offence with imprisonment for a term which may extend to two years, or with fine which may extend to twenty thousand or with both. (3) If any person convicted of an offence under this Act committees a like offence afterwards, it shall be lawful for the Court before which the second or subsequent conviction takes place to cause the offenders name and place of residence, the offence and penalty imposed to be published in such newspapers or in such other manner as the court may direct.

No suit, prosecution or other legal proceedings shall lie against the Government or any officer, authority or person empowered to exercise the powers and perform the functions by or under this Act for anything which is done in good faith or intended to be done under this Act or the rules or orders made thereunder.

If any doubt or difficulty arises in giving effect to the provisions of this Act, the Government may, by order make such provisions or give such directions not inconsistent with the provisions of this Act as may appear to it to be necessary or expedient for removal of doubt or difficulty:

(1) The Government may, by notification, make rules for carrying out all or any of the purpose of this Act. (2) Every rule made under this Act shall immediately after it is made, be laid before the Legislative Assembly of the State, if it is in session and if it is not in session, in the session immediately following for a total period of fourteen days which may be comprised in one session or in two successive sessions, and if, before the expiration of the session in which it is so laid or the session immediately following the Legislative Assembly agrees in making any modification in the rule or in the annulment of the rule, the rule shall, from the date on which the modification or annulment is notified, have effect only in such modified form or shall stand annulled as the case may be, so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

1. (2) Every rule made under this Act shall immediately after it is made, be laid before the Legislative Assembly of the State, if it is in session and if it is not in session, in the session immediately following for a total period of fourteen days which may be comprised in one session or in two successive sessions, and if, before the expiration of the session in which it is so laid or the session immediately following the Legislative Assembly agrees in making any modification in the rule or in the annulment of the rule, the rule shall, from the date on which the modification or annulment is notified, have effect only in such modified form or shall stand annulled as the case may be, so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

(Monitoring and Quality Control) Ordinance, 2005 is hereby repealed.