DUTIES AND RESPONSIBILITIES OF ENFORCEMENT OFFICERS
Fertilizer is the most important and costliest input for agricultural growth in the country. It has been declared as an Essential Commodity under Section 2 of Essential Commodities Act, 1955. The Fertilizer Control Order, 1957 was issued under Section 3 of ECA, 1955 to regulate manufacture, trade and distribution of Fertilizers in the country. Thus the main objective of FCO was to ensure the quality fertilizers to the farmers at right time and uniform price throughout the country. The FCO was amended a number of time to keep pace with the changing time and later on Revised FCO, 1985 was issued in which lot of amendments also been made during 2003. The FCO has provisions and procedures for authorization of dealers and registration of manufacturer of mixture of fertilizers, restrictions on manufacture and sale etc. of fertilizers, restriction on uses of fertilizer for industrial purposes, appointment and powers of enforcement authorities and analysts, procedure for suspension / cancellation of Registration Certificate, Authorization Letter, maintenance of records, methods of sampling and analysis and specification and tolerance limits of fertilizers etc.
The task of implementation and compliance of various provisions of FCO is achieved through the appointment of various enforcement agencies. The main responsibility for enforcement of FCO lies with the State Governments for which they have been give adequate powers under FCO. The area of jurisdiction is also defined with each of the enforcement officer.
The Enforcement Authorities may be categorized as follows:-
2. Appellate Authority
3. Registering Authority
4. Notified Authority
5. Fertiliser Inspector
The Controller of fertilizer is appointed by the Central Government under Clause 2 (e) of FCO, 1985. The Controller has the power to make order, to issue notifications under Section 3 of ECA, with regard to Fertiliser Control Order. He is also empowered to grant Dealership Registration Certificate to Industrial Dealer and to suspend / cancel such certificates. The Controller is advised by Central Fertilizer Committee on technical / other matters. He also approves the fees payable for various functions to Industrial Dealer, subject to the maximum fee fixed by the Central Government. At present Joint Secretary (INM) Govt. of India, Ministry of Agriculture, Department of Agriculture & Co-operation is the Controller of fertilizers.
In addition Director of Agriculture of State Government has also been notified as Controller for respective States to exercise following functions under Clause 35.
(Notification No. SO 572 (E) Dated 26.06.1995)
To give directions to dealers, manufacturers, importers and pool
a) to maintain such books of accounts, records etc. relating to their business in Form N.
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 APPELLATE AUTHORITY
Appeal at Central Level (Cl.32) (Vide S.O. No. 49 (E) dtd 16.01.03)
Any person aggrieved by the analysis report of CFQC&TI / RFCLs may appeal to the Controller of fertilizer JS (INM) for referee analysis of such sample within a period of 30 days from the date of receipt of anlaysis report.
However, the Controller may entertain an appeal after the expiry of the said period of 30 days if it is satisfied that there was sufficient cause for not filing it within the period under Cl.32(2) (Oct.2006).
Appeal at State Level (Cl.32.A) Vide S.O. No. 49 (E) dtd 16.01.03)
The State Governments notify various officers as Appellate Authority under Clause 32A of FCO, 1985. Any aggrieved person, may appeal to such Appellate Authority within 30 days of the receipt of an order of :-
i) refusing to grant, amend or renew an Authorisation Letter for sale of fertilizers or
ii) refusing to grant of Certificate of Manufacture for preparation of mixture of fertilizers or special mixture of fertilizers or
iii) suspension or canceling a Certificate of Registration / Authorisation Letter or Manufacture or debarment from the business
iv) Non-issuance of Certificate of Registration within the stipulated period.
v) And also for reference analysis of non-standard sample.
The decision of such appellate authority is final under FCO.
3 REGISTERING AUTHORITY
The State Government appoints Registering Authority through official gazette notification, under Clause 26 of FCO, 1985 in which their area of jurisdiction is also specified. The main functions of registering authority are :
1,(I) To grant the Certificate of Manufacture under Clause 15 (2)
and its renewal under Clause 18 (2).
(II) To grant the duplicate copies of Certificate of Manufacture under Clause 33.
(III) To amend the Certificate of Registration under Clause 34.
2, The Registering Authority has the power to refuse to grant / renew the Certificate of Manufacture by giving reasons in writing.
3. The registering authority may also suspend / cancel the Certificate of Manufacture, after giving an opportunity of being heard. The registering authority shall record a brief statement for reasons of suspension / cancellation and give a copy thereof to such person whose certificate is suspended / cancelled.
Note: The power to grant / renew / suspend / cancel of certificate of registration of industrial dealer lies with the Controller only. However registering authority may also suspend / cancel such certificates subject to final decision by Controller.
4. NOTIFIED AUTHORITY
The State Government appoints Notified Authority under Clause 26 A of FCO, 1985 alongwith the area of jurisdiction. The main function of the Notified Authorities are as under :-
(I) To acknowledge the Memorandum of Intimation from; wholesale or retail dealer under Clause 8 (3) and its renewal under Clause 11 (2)
(II) To grant the Certificate of Authorisation under Clause 23 (1) (b)
(III) To grant the duplicate copies of Authorisation Letter under Clause 33 and amend them under Clause 34.
(IV) To suspend / cancel / the authorization letter or debar from the business.
5. FERTILISER INSPECTOR
Fertiliser Inspector is the most important Enforcement Officer under FCO. The State / Central Government have the power to notify the persons, having following qualifications, as Fertiliser Inspector and to specify their area of jurisdiction under Clause 27.
5.1 QUALIFICATION FOR APPOINTMENT OF FERTILISER INSPECTOR
i) Graduate in Agriculture or Science with Chemistry as one of the subject from a recognized University and
ii) Training or experience in the Quality Control of Fertilizers and
iii) Working in the State or Central Government Department of Agriculture.
5.2 POWERS OF FERTILISER INSPECTORS
The power of inspectors as given under Clause 28 are as follows :-
(i) The Inspector can seek any information from any manufacturer, importer, dealer or pool handling agency in respect of manufacture, storage and disposal of any fertilizer manufactured or in any manner handled by him.
(ii) He can draw the sample of any fertilizer as per procedure given in Schedule II Part A of FCO.
(iii) The Inspector can enter upon and search any premises where any fertilizer is manufactured or stored or exhibited for sale if he has reason to believe that it is contrary to the provisions of FCO.
(iv) The Inspector can seize or detain any fertilizer in respect of which he has reason to believe that a contravention of FCO has been or is being or is about to be committed.
(v) He can seize any book 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 FCO has been or is being or is about to be committed.
(vi) The Fertiliser Inspector is a public servant as defined in Section 21 of Indian Penal Code. Every person is bound to provide all necessary facilities required by an Inspector to discharge his official duties.
(vii) The Inspector is also empowered under Fertiliser Movement Control Order, 1973 to :-
Stop and search, any person, boat, motor or any other vehicle or any receptacle used or intended to be used for authorized export fertilizers like urea or mixtures of fertilizers, without any authority, from one state to any place outside the state.
Enter and search any place.
Seize any fertilizer alongwith packages, covering or receptacle or animal, vehicle, vessels, boats or conveyance used in carrying such fertilizer in which the contravention of order is committed.
5.3 DUTIES AND RESPONSIBILITIES OF FERTILISER INSPECTOR
The Fertiliser Inspector is the main functionary of FCO enforcement machinery. It is primarily, the duty of Fertiliser Inspector to ensure, that the farmers get the right quality of fertilizers at a right place on a right price and time which is the basic idea behind the promulgation of FCO. He has to ensure that none of the provisions of FCO are misutilised or misrepresented by unscrupulous dealers but at the same time genuine dealers should not be harassed. In order to exercise his powers and discharge his duties, every Fertiliser Inspector shall have to keep himself abreast with all the provisions of FCO, amendments and executive circulars issued from time to time and to know about the specific problems of quality control under his area of jurisdiction.
Some of the duties and responsibilities are as under:-
i) Inspection of Authorisation Letter, Certificate of Registation and
Certificate of Manufacture
Every Inspector must ensure that the manufacture and sale of fertilizer is being carried out by bonafide persons only having requisite Certificate / Letter of Authorisation. Since separate certificates required for manufacture of mixture of fertilizers and special mixture of fertilizer and further separate authorization letter are required for retail, wholesale and industrial sale of fertilizers, he has to ensure it compliance. He should ensure that non-standard fertilizer is sold only after obtaining the certificate of authorization and that too only to specified agencies. A separate authorization letter is required for each sale depot though being carried out by the same person.
ii) COMPLIANCE OF SPECIFIC CONDITIONS OF AUTHORIZATION
LETTER / CERTIFICATE OF REGISTRATION
The Inspector should ensure that every dealer strictly comply with all the terms and conditions of Authorization Letter / Certificate of Registration. The original Authorization Letter / Certificate of Registration is displayed conspicuously in the business premises open to public. He should ensure that every dealer promptly inform the Notified Authority / Registering Authority about any change in the premises of sale depot and godown and the dealer keeps only one bag of each type of fertilizer open at a time for retail sale. He has to ensure that sale depot for agricultural use of fertilizer (retail / wholesale) and Industrial uses are separate.
iii) COMPLIANCE OF SPECIFIC CONDITIONS OF CERTIFICATE OF
The Inspector has to ensure that every manufacturer possesses both Certificate of Manufacture and Authorization Letter, the mixture is produced under the supervision of qualified person, the manufacturer maintaining all the specified equipments in perfect working condition. The Inspector also has to ensure that only authorized grades of fertilizers are manufactured.
iv) CHECKING OF STOCK POSITION AND PRICE OF FERTILISER
The Inspector must ensure that every retail dealer displays quantity of stock of different fertilizers held by him every day and the price there of as required under Clause 4. He should further ensure that every dealer issues cash memo / credit memo in Form M to the purchaser and all the columns of Form M are filled. The rates charged by the dealer are same as notified by the Government or maximum retail price printed on bags. Further the manufacturer, importer, pool handling agency and dealers maintain stock register in Form N and submit all returns timely as prescribed.
v) CHECKING OF PACKING AND MARKING ON FERTILISER BAGS
The Inspector should ensure that all the bags held by any dealer are packed and marked in the manner as laid down in FCO, the batch No. is printed on the bags of SSP, mixture of fertilizers and micronutrient fertilizers and maximum retail price is printed on all the decontrolled fertilizer bags, the month and year of manufacture or import must be printed in all the container of the fertilizers. Further he should ensure that bags are marked with only those particulars, and nothing else, which have been prescribed by the Controller and the bags do not bear any statement which is false or misleading in any material particulars.
vi) CHECKING OF ILLEGAL MOVEMENT OF FERTILISER IN CONTRAVENTION OF PROVISIONS OF FERTILISER(MOVEMENT CONTROL) ORDER:
As the Fertiliser Inspector is also Inspectors under FMCO, he should ensure that all movement of Urea and mixture of fertilizer takes place from one state to another without proper orders of competent authority.
vii) DRAWAL OF SAMPLES
The periodical drawal of sample from every manufacturer and dealer has an impact on quality consciousness of dealer. Therefore, Inspector must draw optimum number of samples from each dealer and manufacturer periodically and send it to Notified fertilizer quality control laboratory. It should be ensured that sample drawn in representative of whole lot.
The detailed procedure of drawal of sample is given in Schedule II Part A of FCO. The sample drawn must be sent to notified laboratory alongwith Form K within 7 days of its drawal.
viii) DETENTION / SEIZURE OF STOCK IN CAEOF DOUBT
In case the Fertiliser Inspector is of the opinion that a contravention of FCO has been committed, he should detain / seize the stock and act as per procedure mentioned in FCO.
ix) LAUNCHING OF PROSECUTION AGAINST OFFENDERS
The Inspector should launch the prosecution against offenders. For this purpose he may lodge FIR with police or directly prosecution in designated court after taking the approval of competent authority as specified by the State Government
x) CANCELLATION OR SUSPENSION OR DEBARMENT OF AUTHORIZATION LETTER / CERTIFICATE OF REGISTRATION / CERTIFICATE OF MANUFACTURE
In case of serious violation or contravention of the provisions of FCO, Inspector should report the matter to notified authority, registering authority and recommend for suspension / cancellation of certificate or for debarment from the business under Clause 31 by Notified Authority / Registering Authority.
xi) CHECKING OF INDUSTRIAL DEALERS
The Inspector should ensure that sale of fertilizer for non-agricultural purpose is done only by industrial dealers, and the sale depot for industrial use of fertilizer is not used for sale for agricultural purposes. He should also ensure that industrial dealer comply with all the terms and condition of certificate of registration.
6. PROCEDURE FOR DRAWAL OF SAMPLES OF FERTILISERS
SCHEDULE II Part A
6.1 General requirement of sampling
In drawing samples the following measures and precautions should be observed.
a) Samples shall not be taken at a place exposed to rain / sun.
b) The sampling instruments should be clean and dry.
c) The fertiliser being sampled, the sampling instruments and the bags of samples should be free from any contamination.
d) To draw a representative sample the contents of each bag selected for sampling should be thoroughly mixed.
e) The sample should be kept in suitable clean dry and air tight glass or screwed hard polythene bottle of about 400 gm capacity or in a thick gauged polythene bag. This should be put in a cloth bag which may be sealed with the Inspectors seal after keeping inside the detailed description as specified in Form P.
Identifiable details may be put on the cloth bag such as:
(1) Date of sampling
(2) Name of the fertilizer
(3) Code No. of sample
6.2 Sampling from baged materials :
(i) Scale of sampling
(a) Lot (for Manufacturers / Importers)
(i) All bags in a single consignment of the material of the same grade and type drawn from a single hatch of manufacturer / importer shall constitute a lot.
(ii) If consignment is declared to consist of different batches of manufacturer / importer all the bags of each batch shall constitute a separate lot.
(iii) In the case of a consignment drawn from a continuous process 2000 bags or 100 tonnes of the material shall constitute a lot.
(b) Lot (for dealer)
(i) The lot is an identifiable quantity of the same grade and type of fertilizer stored in an identifiable place subject to a maximum limit of 100 tonnes.
(ii) The stock of less than 100 tonnes with a dealer may also constitute one or more lot. If the fertilizer of different sources and brand is available in such quantities, the lot shall be identified by the Inspector based on visible appearance of bags, their packing and storage conditions.
The fertilizer bags are segregated fertilizer wise, manufacturer/importer wise, batchwise, and month and year of manufacture/import. One sample shall not normally represent the quantity exceeding 100 tonnes.
(c) Selection of bags for sampling
(i) The number of bags to be selected from a lot shall depend upon the size of the lot as given below:
Lot Size (No. of bags)
No. of bags to be selected for sampling (n)
The bags are normally stored in different layers and height, both in storage godown and shops, but if scattered should be first arranged in a systematic manner. Start counting from any bag randomly as 1,2,3,4 .. upto r. r being equal to the integral of N/n. Every r th bag thus counted should be demarcated and withdrawn from the stock and sample shall be drawn only from those selected bags to prepare the composite sample.
For example there are 450 bags constituting a lot in a dealer shop
r = N = 450 = 90
Therefore every 90th bags should be taken out. Thus only 5 bags will be taken out and sample drawn from each bag and finally made one composite sample.
(ii) Sampling from big godown / high stackings
If the procedure given above that is r th bag method is not possible to be adopted, the sample should be drawn from the randomly selected fertilizer bags from different layers from top and from all open sides in a zig zag manner.
(iii) Sampling from small godown
All the fertilizer bags of the same grade and type of same manufacturer / importer received on different dates shall be segregated and properly stacked. In case of batch wise product i.e., SSP, NPK (M), NPK (GM), MNF, MNFM, organic, Bio and Non-edible Deoiled Cakes, same grade and type of same batch no. of same manufacturer should be segregated and assigned a lot and draw sample.
6.3 Sampling Instruments:
a) Sampling probe: The probe may comprise of a slotted single tube with solid cone tip made of stainless steel or brass. The length of the probe may be approximately 60 to 65 cm, the diameter is 1.5 cm, and the slot width may be 1.2 to 1.3 cm.
b) Sampling cup:The inside dimensions of cup mouth may be 2 x 25 cm, the height of cup is 61/2 inches
c)Sampling probe a slotted double tube length is 4-1/2 -5 feet and diameter
1-1/4 to 1-1/2 inch (closed vertical tube).
d) Sampling scoop:Samples from the hatch can also be collected by a suitable scoop made of stainless steel or brass.
These are available in the local market otherwise fabricated.
6.4. Drawal of samples from bags:
(i) In case where the bag and fertilizer allows the use of sampling probe, following method may be used.
a. Place bag in horizontal position and mix thoroughly the content of the bags by jerking / rolling upside and down.
b. Make an X cut with a knife near at the corner.
c. With single tube probe insert diagonally from corner to corner with slot in down position. Turn it to bring the slot upwards to fill the probe and remove carefully so as not to drag material out of it with the bag edges.
d. Empty the probe on a clean dry and hard surface preparably polythene sheet.
e. Similarly repeat the process from other end of the bag, draw sample from each selected bag and put all the sample material at one place.
(ii) In case of High density polythene bags and also when the fertilizer material is not in free flowing condition and having big and hard lumps the use of probe is not possible. In such cases following method is used.
a. Open the selected bags
b. Take out the fertilizers from the bag on a level, put in a clean and hard surface
c. Mix thoroughly and reduced by quartering method.
d. Draw sample with the help of a suitable sampling device made of stainless steel or brass cup / scoop
(iii) Quartering Method
If the composite sample collected from the different selected bag in larger than required weight, it size shall be reduced by method of quartering as detailed below.
Spread the composite sample on a level, clean hard surface or polythene sheet, flatten it out and divide it into four equal parts. Remove any diagonally opposite parts. Mi x the two remaining parts together to form a cone, flatten out the cone and repeat the operation of quartering till a composite sample of required weight is obtained.
(iv) Weight of the sample
One sample of fertilizer shall have the approximate weight as follows:
a. For straight micronutrient fertilizers: 100 gm
b. Chelated MNF & MNFM : 50 gms or the minimum packing size of similar quantity
c. For other fertilizer & mixtures : 400 gms
6.5. Preparation of test sample and reference sample:
(i) The composite sample obtained above shall be divided into three approximately equal portions each of the weight as specified above. Each of these samples shall constitute the test sample.
(ii) Each test sample shall be immediately transferred to a suitable container or thick polythene bag. The detailed sample information in Form P kept in the cloth bag then sealed with the seals of the inspector. If possible seal of the manufacturer / importer / dealer as the case may also be affixed.
(iii) out of three sealed samples, one sample shall be sent to the Incharge of the Fertiliser Testing Laboratory within 7 days, including the date of sampling. (sample should be dispatched within 7 days).
Another sample should be given to manufacturer / importer / dealer as the case may be alongwith a copy of the Form J.
The Fertiliser Inspector has to send the third sample to the Higher Authority for keeping in safe custody.
Any of the latter two samples may be sent for referee analysis as provided for under Sub-clause (2) of Clause 29B.
6.6. Sampling from Hatch
Most of the imported fertilizer imported as bulk condition in ships.
In case of bulk fertilizer from each hatch at least 10-15 samples should be drawn from different depths and points during unloading operations. All the samples drawn from each hatch of the ship, bulk carrier or bulk container, truck , to mix together to make hatch composite and all the hatch composite take some portion and mix and prepare ship composite using quartering method.
6.7. Sampling from bulk carriers trucks
The sample can be drawn as per vertical probing procedure with the help of closed vertical double tube probe. Draw 10 vertical cuts from the following locations relating to the entire top of the conveyance. The 10 vertical cores are combined into a composite sample
6.8.Sampling from bulk materials in storage
The bulk storage piles (level or flat) upto 100 tonnes could be sampled. Take 10 cores to the maximum possible depth of the probe from the position mentioned below the figure and all the cores are composited. (using vertical double tube closed probe).
6.9. Preparation of documents:
After preparation of composite sample, fill up Form- J in duplicate, Form-P in triplicate. The Form J should be signed by the dealer / manufacturer / importer as the case may be or his authorized persons and also signed by the Fertiliser Inspector. Fill up the Form-K . Then the sample has to be sent by the Inspector to the Fertiliser Testing Laboratory alongwith Form-K within 7 days i.e., including the date of sampling.
6.10. Check points during sampling
a) Make sure that sampling instruments and bags are clean.
b) Segregate the fertilizer bags lot wise before sampling
c) Select requisite number of bags for sampling according to lot size.
d) In case of high stack, select bags from all directions, different layers and depth by randomly.
e) Mix the content of the bag thoroughly before sampling.
f) Always insert the probe diagonally from two sides of the bag placed horizontally with slot in downside.
g) If quantity is more, reduced the composite is done by only quartering method and divided in 3 equal parts.
h) The sample should be kept in airtight condition.
i) The cloth bag should be marked as follows
(i) Date of sampling
(ii)Name of fertilizer
(iii) Code no. of sample
j) Form-P signed by the inspector and should be kept inside the cloth bag
k) The cloth bag should be sealed by the inspector. If possible the dealer seal also is affixed.
l) Prepare Form-J in duplicate (2 copies)
m) Form-J signed by the Inspector and get signature from dealer or on behalf his authorized person.
n) One sample and copy of the Form J handed over to dealer.
o) Another sample sent to the Laboratory along with Form K within 7 days of its drawal
p) The third sample should be handed over to the next higher authority of the inspector and get acknowledgement
q) Use appropriate sampling instruments
r) Never draw one sample from a stock more than 100 tonnes or 2000 bags.
s) Never mix the fertilizer of different batch nos . /different manufacturers.
t) Never select the bags for sampling less than the number required as per the procedure.
u) Never try to reduce the weight of composite sample by any other method other than quartering.
v) The weight of each test sample should not be less than required weight.
w) Dont use sampling probe in HDPE packing
x) Fill up Form-J, Form-P and Form-K correctly.
[ See clause 28 (1) (b)]
(1) Name and address of dealer/manufacturer/importer __________
(1A) * Certificate of Registration Number ____________________
(2) Date of sampling ____________________________________
(3) Details of markings of bags from where sample has been taken __________________________________________________
(i) * Type and grade of fertiliser ________________________
(ii) Name of manufacturer / importer _________________________
(iv)* Batch No. (if applicable) and date of manufacture / import ____
(4) Date of receipt of the stock by the dealer / manufacturer / importer / pool handling Agency_______________________________________________
(5) *Code No. of sample ________________________________________
(6) Stock position of the lot _____________________________________
(7) Physical condition of fertiliser __________________________
(8) Whether samples drawn from open bags or stitched bags ___
(9) Name and Address of fertiliser Inspector drawing sample__________________
Signature and Metallic Seal
impression of Fertiliser Inspector
Receipt of the dealer
Certified that the sample of fertiliser has been drawn in accordance with the procedure laid down in the Fertiliser (Control) Order, 1985 from the stock in my possession, and I have signed the test samples at the time of wax sealing. I have also received one test sample out of the three test samples prepared.
Signature and Seal of Fertiliser Inspector
Signature of dealer /manufacturer
Importer/pool handling agency with Address
* vide S.O. 49 (E) dtd 16.01.03
[ See clause 30 (1) ]
MEMORANDUM TO ACCOMPANY FERTILISER SAMPLE FOR ANALYSIS
Fertiliser Quality Control Laboratory
The fertiliser samples as per details given below are sent for analysis:-
(1) * Name of fertiliser, grade _____________________________
(2) Date of sampling _________________________________________
(5) Physical condition of fertiliser ____________________
(6) Code number of sample _________________________________
The analysis report may be forwarded to ______________
Signature and metallic seal
Impression of Fertiliser inspector
* vide S.O. 49 (E) dtd 16.01.03
[See Clause 28 (1) (b)]
PARTICULARS OF SAMPLES DRAWN
1.Name and Grade of Fertiliser:
3.Physical condition of Fertiliser:
5.Date of sampling:
6.Name & Address of Fertiliser Inspector drawing sample:
Signature and Metallic Seal
Impression of fertilizer Inspector
*vide S.O.49(E) dt.16.01.03
FOLLOW UP ACTIONS AGAINST OFFENDERS TO BE TAKEN UNDER FCO 1985 & ECA 1955
Follow up actions against offender are broadly of two types:
1. Administrative Action
2. Legal Action
Administrative Action under FCO provisions :
1.Stop Sale Notice Clause 28 (2)
2. Detention / Seizure of stock Clause 28 (1) (d)
3. Temporary suspension of Certificate of Registration /Certificate of Manufacture /Letter of Authorisation under Clause 31 (2)
4. Cancellation of Certificate of Registration /Certificate of Manufacture /Letter of Authorisation under Clause 31 (1)
5. Seizure of conveyance Under Section 6A of ECA 1955.
6. Confiscation of stock under Section 6A of ECA.
1. Stop Sale Notice (Claus 28 (2)
The Fertiliser Inspector is empowered to issue stop sale / detention notice in writing under Clause 28(2). The Stop Sale /detention notice is valid for 21 days. If no action has been initiated by the Inspector within the said period of 21 days from the date of issue of the said notice, the notice of stop sale shall be deemed to have been revoked.
2. Suspension (Clause 31 (2) / Cancellation (Clause 31(1))
The concerned Notified / Registering Authority is empowered to issue suspension of Authorisation Letter or Certificate of Manufacture to any person contravened any of the provisions of this order or any terms and conditions of the Memorandum of Intimation or Certificate of Registration or the Certificate of Manufacture have been proved. The Notified Authority or Registering Authority as the case may be without any notice, suspend such Certificate of Manufacture or Authorisation Letter, as an interim measure.
Provided that the Registering Authority or the Notified Authority as the case may be, shall immediately furnish to the affected person , details and the nature of contravention alleged to have been committed and after giving him an opportunity of being heard, pass final orders either revoking the order of suspension or cancellation within 15 days.
Where no final order is passed within the period of 15 days, the order of interim suspension order shall be deemed to have been revoked.
Under Clause 31(1) the Notified Authority or Registering Authority as the case may be has been empowered to issue the cancellation of Authorisation Letter or Certificate of Manufacture.
While cancelling the Certificate or dealer authorization letter, the holder of the certificate or letter of authorization may be allowed for a period of thirty days to dispose of the balance stock of fertilizer, if any held by him.
3. Seizure of stock (Clause 28(1) (d)
The inspector is empowered to enter upon and search any premises where fertiliser is manufactured / stored / exhibited for sale and to seize or detain any fertilizer in respect of which is believe that there is a contravention of FCO 1985. He can also seize the relevant books of accounts / related documents after giving a due receipt to the owner.
In case of search and seizure the provisions of the Code of Criminal Procedure 1973 (2 of 1974) relating to search and seizure shall, so far as may be applied for search and seizure:
4. Steps involved in the seizure of stock
1. The specific, type, brand, batch and manufacturers stock which is proposed to be seized is to be identified.
2. All the bags should be segregated from the whole stock and kept separate place.
3. Before seizure, the representative sample should be drawn.
4. Carry the seized stock to the safest place or obtained custody bond.
5. If any separate rooms are available in the same premises, keep the seized product in this room and cloth covering the lock should be sealed by the Inspector.
6. Seizure notice issued by the Inspector in front of the two independent witnesses signed by them and obtained receipt from the dealer.
7. Prepare Mahazar on the spot in the presence of two independent witnesses.
8. After seizure of stock, the information of the seizure is to be communicated to the District Collector or his authorized representative within the shortest possible time (usually within 24 hours) it means without unreasonable delay.
The Collector may if he thinks fit expedient so to do, direct the essential commodity to seized to be produced for inspection before him, and if he is satisfied that there has been a contravention of the order may order confiscation.
The seized essential commodity is subject to speedy and natural decay or it is otherwise expedient in the public interest so to do he may-
(a) order the same to be sold at the controlled price. If any fixed for essential commodity under this Act or under any other law for the time being in force or
(b) Where no such price is fixed, order the same to be sold by public action.
5. Legal Action
1. Launching a prosecution directly in 1st Class Magistrate Court under Cr. P.C. 200.
2.Filing FIR in police station
6..Procedure for launching prosecution:
In pursuance of Section 12 (AA) of ECA 1955, all the offences of FCO are preferably triable in First Class Magistrate Court.
Submission of complaint to Designated Court under 12AA (e) of ECA 1955 after obtaining consent order of approval of the Competent authority. (12AA (e) of ECA).
However the exact procedure to be adopted by the Fertiliser Inspector will depend upon the practices prevalent in the State or the enforcing order issued by the State Government in this behalf.
All the cases will be tried in summary way.
All the offences are congnizable and non-bailable.
7. For initializing legal action in Court of Law, the following documents are needed:
1. Copy of Gazette Notification for appoint as Fertiliser Inspector.
2. Certificate of Registration / Authorization Letter / Certificate of Manufacture.
3. Invoice for fertilizer purchased by Dealer in respect of which contravention is alleged to have been committed.
4. Form- J duly signed by the Dealer in original
5. Copy of Form-K
6. Copy of seizure notice
7. Bond of custody.
8. Mahazar / Panchanama.
9. Copy of intimation sent to District Collector as per Section 6A of ECA 1955.
10. Copy of Form L
11. Copy o Show Cause Notice issued to dealer and his reply
12. Suspension / Cancellation order
13. Copy of Show Cause Notice issued to distributor / manufacture and their reply
14. Consent order of competent authority for launching prosecution.
15. Stock Register and Cash or Credit Memo (Form N & Form M).
16. Name of the responsible person declared under Clause 24.
8. Penal provisions for violation of FCO 1985:-
1. 3 months to 7 years imprisonment with or without fine under Section 7(a) (i)(ii) of ECA 1955
2, Making any false information is punishable upto 5 years imprisonment under Section 9.
3.The Fertiliser stock and its conveyance can be forfeited under Section 7(b)(c).
4. The FCO offences are treated as cognizable and non-bailable under Section 10 (A).
5. Minimum imprisonment for subsequent offences 6 months (Habitual offender).
6. Attempt to contravene or abet a contravention is also punishable under Section -8 of ECA 1955.
For exercising the power of Fertiliser Inspector, some of the Section in the Code of Criminal Procedure 1973 may also support and will give protection to the Fertiliser Inspector are as follows:
The Code of Criminal Procedure 1973 (2 of 1974)
I. Section 47 :- Search of place entered by person sought to be arrested:
(1) If any person acting under a warrant of arrest, or any police officer having authority to arrest, has reason to believe that the person to be arrested has entered into, or is within, any place, any person residing in, or being in charge of, such place shall, on demand of such person acting as aforesaid or such police officer, allow him free ingress thereto, and afford all reasonable facilities for a search therein.
(2) If ingress to such place cannot be obtained under sub-section (1) it shall be lawful in any case for a person acting under a warrant and in any case in which a warrant may issue, but cannot be obtained without affording the person to be arrested an opportunity of escape, for a police officer to enter such place and search therein, and in order to effect an entrance into such place, to break open any outer or inner door or window of any house or place, whether that of the person to be arrested or of any other person, if after notification of his authority and purpose, and demand of admittance duly made, he cannot otherwise obtain admittance.
(3) Any police officer or other person authorized to make an arrest may break open any outer or inner door or window of any house or place in order to liberate himself or any other person who, having lawfully entered for the purpose of making an arrest, is detained therein.
II Section 100 :- Persons in charge of closed place to allow search:-
(1) Whenever any place liable to search or inspection under this Chapter is closed, any person residing in, or being in charge of, such place, shall, on demand of the officer or other person executing the warrant, and on production of the warrant, allow him free ingress thereto, and afford all reasonable facilities for a search therein.
(2) If ingress into such place cannot be so obtained, the officer or other person executing the warrant may proceed in the manner provided by sub-section (2) of Section 47.
(3) Where any person in or about such place is reasonably suspected of concealing about his person any article which search should be made, such person may be searched and if such person is a woman, the search shall be made by another woman with strict regard to decency.
(4) Before making a search under this Chapter, the officer or other person about to make it shall call upon two or more independent and respectable in habitants of the locality in which the place to be searched is situate or any other locality if no such inhabitant of the said locality is available or is willing to be a witness to the search, to attend and witness the search and may issue an order in writing to them or any of them so to do.
(5) The search shall be made in their presence, and a list of all things seized in the course of such search and of the places in which they are respectively found shall be prepared by such officer or other person and signed by such witnesses; but no person witnessing a search under this Section shall be required to attend the Court as a witness of the search unless specially summoned by it.
(6) The occupant of the place searched, or some person his behalf, shall, in every instance, be permitted to attend during the search, and a copy of the list prepared under this Section, signed by the said witnesses, shall be delivered to such occupant or person.
(7) When any person it searched under Sub-section (3), a list of all things taken possession of, shall be prepared, and a copy thereof shall be delivered to such person.
(8) Any person who, without reasonable cause, refuses or neglects to attend and witness a search under this Section, when called upon to do so by an order in writing delivered or tendered to him, shall be deemed to have committed an offence under Section 187 of the I.P.C. (45 of 1860).
II. Section 102 :- Power of police officer to seize certain property:-
(1) Any police officer may seize any property which may be alleged or suspected to have been stolen, or which may be found under circumstances which create suspicion of the commission of any offence.
(2) Such police officer, if subordinate to the officer in charge of police station, shall forthwith report the seizure to that officer.
(3) (Inserted by Act No. 45 of 1978) Every police officer acting under sub-section (1) shall forthwith report the seizure to the Magistrate having jurisdiction and where the property seized is such that it cannot be conveniently transported to the Court (Inserted by Cr.P.C. (Amndt) Act, 2005 w.e.f. 23.6.2006, [ or where there is difficulty in securing proper accommodation for the custody of such property, or where the continued retention of the property in police custody may not be considered necessary for the purpose of investigation.], he may give custody thereof to any person on his executing a bond undertaking to produce the property before the Court as and when required and to give effect to the further orders of the court as to the disposal of the same.
Added by Cr.P.C. (Amndt) Act, 2005 (Act 25 of 2005) w.e.f. 23.6.2006, [ Provided that where the property seized under sub-section (1) is subject to speedy and natural decay and if the person entitled to the possession of such property is unknown or absent and the value of such property is less than five hundred rupees, it may forth with be sold by auction under the orders of the Superintendent of Police and the provisions of Sections 457 and 458 shall, as nearly as may be practicable, apply to the net proceeds of such sale.
III. Section 153:- Inspection of weights and measures:-
(1) Any officer in charge of a police station may, without a warrant, enter any place within the limits of such station for the purpose of inspecting or searching for any weights or measures of instruments for weighing, used or kept therein, whenever he has reason to believe that there are in such place any weights, measures or instruments for weighing which are false.
(2) If he finds in such place any weights, measures or instruments for weighing which are false, he may seize the same, and shall forthwith give information of such seizure to a Magistrate having jurisdictions.
IV. Section 197 : Prosecution of Judges and public servants:-
(1) When any person who is or was a judge or Magistrate or a pubic servant not removable from his office save by or with the sanction of the Government is accused of any offence alleged to have been committed him while acting or purporting to act in the discharge of his official duty, no Court shall take cognizance of such offence except with the previous sanction:-
(a) In the case of a person who is employed, or, as the case may be , was at the time of commission of the alleged offence employed, in connection with the affairs of the Union, of the Central Government;
(b) in the case of a person who is employed or, as the case may be, was at the time of commission of the alleged offence employed, in connection with the affairs of a State, of the State Government.
Provided that where the alleged offence was committed by a person referred to in clause (b) during the period while a proclamation under clause (1) of Article 356 of the Constitution was in force in a State, Clause (b) will apply is for the expression State Government occurring therein, the expression Central Government were substituted.
(2) No court shall take cognizance of any offence alleged to have been committed by any member of the Armed Forces of the Union while acting or purporting to act in the discharge of his official duty, except with the previous sanction of the central government.
The Stat Government may, by notification, direct that the provisions of sub-section (2) shall apply to such class or category of the members of the Forces charged with the maintenance of public order as may be specified therein, wherever they may be serving, and thereupon the provisions of that sub-section will apply as if for the expression Central Government occurring therein, the expression State Government were substituted.
[(3-A) Notwithstanding anything contained in sub-section (3), no Court shall take cognizance of any offence, alleged to have been committed by any member of the Forces charged with the maintenance of public order in a State while acting or purporting to act in the discharge of his official duty during the period while a proclamation issued under clause (1)of Article 356 of the Constitution was in force therein, except with the previous sanction of the Central government.
(3-B) Notwithstanding anything to the contrary contained in this Code or any other law, it is hereby declared that any sanction accorded by the State Government or any cognizance taken by a Court upon such sanction, during the period commencing on the 20th day of August, 1991 and ending with the date immediately preceding the date on which the Code of Criminal Procedure (Amendment) Act, 1991, receives the assent of the President, with respect to an offence alleged to have been committed during the period while a proclamation issued under Clause (1) of Article 356 of the Constitution was in force in the State, shall be invalid and it shall be competent for the Central government in such matter to accord sanction and for the Court to take cognizance thereon].
(4) The Central Government or the State Government, as the case may be may determine the person by whom, the manner in which, and the offence or offences for which, the prosecution of such judge, Magistrate or public servant is to be conducted, and may specify the Court before which the trial is to be held.
V. Section 200 - Examination of Complainant:-
A Magistrate taking cognizance of an offence on complaint shall examine upon oath the complainant and the witnesses present, if any, and the substance of such examination shall be reduced to writing and shall be signed by the complainant and the witnesses, and also by the Magistrate.
Provided that, when the complaint is made in writing, the Magistrate need not examine the complainant and the witnesses:-
(a) if a public servant acting or purporting to act in the discharge of his official duties or a Court has made the complaint;
(b) if the Magistrate makes over the case for inquiry or trial to another a Magistrate under Section 192. Provided further that if the Magistrate makes over the case to another a Magistrate under Section 192 and examining the complainant and the witnesses, the later Magistrate need not reexamine them.
VI. Section 457: Procedure by police upon seizure of property -:-
(1) Whenever the seizure of property by any police officer is reported to a Magistrate under the provisions of this code, and such property is not produced before a Criminal Court during an inquiry or trial, the Magistrate may make such order as he things fit respecting the disposal of such property or the delivery of such property to the person entitled to the possession thereof, or if such person cannot be ascertained, respecting the custody and production of such property.
(2) If the person so entitled is known, the Magistrate may order the property to be delivered to him on such conditions (if any) as the Magistrate things fit and if such person is unknown, the Magistrate may detain it and shall, in such case, issue a proclamation specifying the articles of which such property consists, and requiring any person who may have a claim thereto, to appear before him and establish his claim within six months from the date of such proclamation.
V. Section 458:- Procedure where no claimant appears within six months:-
(1) If no person within such period establishes his claim to such property, and if the person in whose possession such property was found is unable to show that it was legally acquired him , the Magistrate may, by order direct that such property shall be at the disposal of the state Government, and may be sold by that Government and the proceeds of such sale shall be dealt with in such manner as may be prescribed.
(2) An appeal shall lie against any such order to the Court to which appeals ordinarily lie from convictions by the Magistrate.
Vi. Section 468 :- Bar to taking cognizance after lapse of the period of limitation:-
(1) Except as otherwise provided elsewhere in this Code, o Court shall take cognizance of an offence of the category specified in sub-section (2), after the expiry of the period of limitation.
(2) The period of limitation shall be :-
(a) six months, if the offence is punishable with fine only;
(b) one year, if the offence is punishable with imprisonment for a term not exceeding one year;
(c) three years, if the offence is punishable with imprisonment for a term exceeding one year but not exceeding three years.
[(3) For the purpose of this section, the period of limitation, in relation to offences which may be tried together, shall be determined with reference to the offence which is punishable with the more severe punishment or, as the case may be, the most sever punishment.]
VII. Section 470:- Exclusion of time in certain cases:-
(1) In computing the period of limitation, the time during which any person has been prosecuting with due diligence another prosecution, whether in a Court of first instance or in a Court of appeal or revision, against the offender, shall be excluded:
Provided that no such exclusion shall be made unless the prosecution relates to the same facts and is prosecuted in a good faith in a Court which from defect of jurisdiction or other cause of alike nature, is unable to entertain it.
(2) Where the institution of the prosecution in respect of an offence has been stayed by an injunction or order, then, in computing the period of limitation, the period of the continuance of the injunction or order, the day on which it was issued or made, and the day on which it was withdrawn, shall be excluded.
(3) Where notice of prosecution for an offence has been given, or where, under any law for the time being in force, the previous consent or sanction of the Government or any other authority is required for the institution of any prosecution for an offence, then, in computing the period of limitation, the period fo such notice or, as the case may be, the time required for obtaining such consent or sanction shall be excluded.
Explanation:- In computing the time required for obtaining the consent or sanction of the Government or any other authority, the date on which the application was made for obtaining the consent or sanction and the date of receipt of the order of the Government or other authority shall both be excluded.
(4) In computing the period of limitation, the time during which the offender:-
(a) Has been absent from India or from any territory outside India which is under the administration of the Central Government, or
(b) Has avoided arrest by absconding or concealing himself, shall be excluded.
VIII. Section 473 Extension of period of limitation in certain cases:-
Notwithstanding anything contained in the foregoing provisions of this chapter, any Court may take cognizance of an offence after the expiry of the period of limitation, if it is satisfied on the facts an in the circumstances of the case that the delay has been properly explained or that it is necessary so to do in the interests of Justice.
For exercising the power of Fertiliser Inspector, some of the Section in Indian Penal Code 1860 may also support and will give protection to the Fertiliser Inspector are as follows:
I. Section-21 Public Servant:
The words public servant denote a person falling under the description hereinafter following namely Every Officer [the Government] whose duty it is, as such officer, to prevent offences, to give information of offences, to bring offenders to justice, or to protect the public health, safety or convenience;
II. Section 26 Reason to believe :
A person is said to have reason to believe a thing, if he has sufficient cause to believe that thing but not otherwise.
III. Section 27 Property in possession of wife, clerk or servant
When property is in the possession of a persons wife, clerk or servant, on account of that person, it is in that persons possession within the meaning of this Code.
IV. Section-186 Obstructing public servant in discharge of public functions:
Whoever voluntarily obstructs any public servant in the discharge of his public functions, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to five hundred rupees or with both.
Classification of Offence - the offence under this Section is non-cognizable. bailable, non-compoundable and triable by any Magistrate.
V. Section 187 Omission to assist public servant when bound by law to give assistance:-
Whoever, being bound by law to render or furnish assistance to any public servant in the execution of his public duty, intentionally omits to give such assistance, shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extent to two hundred rupees, or with both;
And if such assistance be demanded of him by a public servant legally competent to make such demand for the purposes of executing any process lawfully issued by a Court of Justice, or of preventing the commission of an offence, or of suppressing a riot, or affray, or of apprehending a person charged with or guilty of an offence, or of having escaped from lawful custody, shall be punished with simple imprisonment or a term which may extend to six months, or with fine may extend to five hundred rupees, or with both.
Classification of Offence The offence under this section is non-cognizable, bailable, non-compoundable and Triable by any Magistrate. If willfully neglecting to aid a Public Servant who demands aid in the execution of process, the prevention of offences, etc., it is non-cognizable, bailable and triable by any Magistrate.
VI. Section 189 Threat of injury to public servant
Whoever holds out any threat of injury to any public servant, or to any person in whom he believes that public servant to be interested, for the purpose of inducing that public servant to do any act, or to forbear or delay to do any act, connected with the exercise of the public functions of such public servant, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine or with both.
Classification of Offence: The offence under this Section is non-cognizable, bailable, non-compoundable and triable by any Magistrate.
Some important Formats for Administrative and Legal Actions Taken by the Enforcement authorities;-
STOP SALE NOTICE
Order under clause 28 of the Fertiliser (control) Order 1985 requiring a person not to dispose of any stock in his possession.
Where as I have reason to believe that a contravention of the FCO 1985 has been or is being or is about to be committed by you in respect of the stock of fertilizer in your possession as detailed below.
Name of Fertiliser
Batch No. If applicable
Name of manufacturer/
In excercise of the powers conferred to me under clause 28(1)(d).
I hereby order to stop
the sale, distribution or use of the said
stock until further order.
stock until further order.
PROFORMA OF NOTICE TO BE ISSUED TO DEALER FOR SEIZURE OF FERTILISER STOCK UNDER CLAUSE 28(1) (d)
Whereas I have reason to believe that the stock of fertilizer .. in your possession, is being distributed, sold or used in contravention of the clause .. of the Fertiliser (Control) Order,1985.
Under Clause 28(1) (d) of the Fertiliser (Control) Order, I hereby seize the following stock of fertilizer lying at the premises
Name of Fertiliser
Batch No. If applicable
Name of manufacturer/
You should not sell/dispose off or move the stock from the place where it is stored at present until further orders.
Signature of Fertiliser Inspector
Witness: The above seizure notice issued to the Dealer in our presence.
Signature of Dealer in token
Of receipt of this notice
PROFORMA FOR BOND FOR CUSTODY OF SEIZED FERTILISERS
(Name) resident of .(address) hereby undertake that I shall keep the fertilizer(s) (whose details are given below), which has been seized by the fertilizer Inspector Sri From the sale depot/godown of M/s on .(date) in safe custody and shall produce the fertilizer(s) before the competent authority, when required, I also undertake to give effect to the further orders of the competent authority as to the disposal of the same.
DETAILS OF THE FERTILISERS
Name of Fertiliser
Batch No. If applicable
Name of manufacturer/
Signature of Undertaker
Signature of Witness
MAHAZAR / PANCHNAMA
This day , the At . This mahazar is drawn at the premises of M/s
Fertilizer dealer situated at in the presence of the following witnesses.
Sri ,Fertiliser Inspector has visited the above said fertilizer dealer premises and the above witnesses were summoned by him. The F.I., has taken the sample out of stock available with the dealer as per prescribed sampling procedure and prepared these test samples out of that, All the three samples were packed, labeled and sealed separately by the Fertiliser Inspector. The dealer has also affixed his seal on all the samples bags and received one test sample given by the Fertiliser Inspector.
The verification of the stock register in premises showed .. bags of .. fertilizer each weighing about 50 Kg. The name of the manufacturer and Batch No. mentioned on the bags was as
Sri ..proprietor of the firm, M/s .. Was present during the entire Mahazar proceedings.
The Mahazar proceedings were drawn between A.M to . A.M. on the above said date.
Name and Address
1.Sd 2. Sd
Address Address ..
GOVERNMENT OF _____________
OFFICE OF THE FERTILISER INSPECTOR
No. ____________ Date: _____________
PROFORMA FOR REPORTING THE MATTER OF SEIZURE TO COLLECTOR UNDER CLAUSE (28) (3)
The District Collector
Sub: Seizure of fertiliser stock of M/s. ___________________________
Under Clause (28)(1)(d) of FCO 1985, intimation under Clause (28) (3) of FCO 1985 reg
I am the ________________________ (designation) and my office is situated at ______________________________ . By virtue of my office, I am also appointed as Fertiliser Inspector vide Govt. Notification No. ______
Dtd __________ under Clause 27 of FCO 1985. The objective of the order is to regulate trade, quality and price of fertilisers and to ensure the supply of standard quality of fertilisers to the farmers at controlled or reasonable rates.
As per the provisions of FCO 1985, and powers delegated under Clause 28 (1) (d) of the said order, I, the undersigned inspected the premises of M/s. ______________________________ and found that the said party was selling / manufacturing the fertilisers as detailed below in contravention of Clause ______. (mention Clause of the FCO 1985) and have the stock of _____________. (Quantity), fertilisers whose details are mentioned in the seizure notice (a copy of which is enclosed), has been seized by me on _____ date at ____________ hrs. The custody of the seized stock has been handed over to Sri. _____________________ for its safe custody and security. This is being intimated in pursuance of Clause 28 (3) of FCO 1985 for further necessary action.
Signature and seal of fertiliser inspector
Office of the Fertiliser Inspector
NOTICE TO THE DEALER TO FURNISH THE DETAILS OF FERTILISER STOCK AND TO PRODUCE DOCUMENTS ETC.,
You are hereby informed that the sample was taken by me on _____ from the stock of fertiliser in your premises, and the same sample had been sent to the fertiliser analyst for analysis. The fertiliser analyst report No. ___ stating that the fertiliser is non-standard has been received by me and as per sub-clause (3) of Clause 30 of the said order, a copy of the said analyst report is herewith sent to you.
Therefore the prosecution is proposed to be launched against you for having sold the non-standard fertiliser.
For the above reasons you are hereby called upon to produce
(i) Stock register
(ii) Bill book from the date of taking sample to till date
(iii) Invoice for having received the non-standard fertiliser from the manufacturer
(iv) The details of non-standard fertiliser stock held by you.
(v) Certificate of stores in respect of non-standard fertiliser
(vi) Name & address of person (s) responsible for conduct of business of dealer
(vii) Name & address of person (s) responsible for conduct of business of manufacturing unit and officer notified as nodal officer (under Clause 24 of FCO 1985)).
Within ten days from the date of receipt of this notice.
Your attention is drawn to sub-clause (1) and (4) of Clause 28 of the said order, whereby you are required to comply with my requirements and failing compliance to which you are liable to be prosecuted, in addition to the offence for having sold the non-standard fertilisers as stated above.
Seal of the Office
MODEL CHARGE SHEET
BEFORE THE COURT UNDER ECA AT _____________________
CRIMINAL CASE NO. _____________ OF ________ 10
COMPLAINANT ______________State Government, Represented by the F.I.,
Accused ______________ 1. Sri.________________
Managing Partner / Proprietor
2. M/s. ________________________
3.Sri . _________________________
Managing Director / Partner
Manufacturer of Fertiliser
5. Sri. ____________________________
Designated Officer of M/s.
COMPLAINT FILED UNDER SECTION 12AA (e) of ECA, 1955
1. It is submitted that the complainant is working as _____________ (designation / address of FI), he has been appointed as FI vide Govt. Notifcation No. __________ dtd _________ under Clause 27 of FCO 1985. The official gazette notification of the said appointment order is produced herewith and marked as Annexure I.
2. It is submitted that the first accused is the Managing Partner of M/s. _______________________ and he is incharge and responsible for conduct of the business of the said firm. The said firm is doing business as a fertiliser dealer and holding the dealership Authorisation Letter for selling the fertiliser. The non-standard fertiliser in question is sold by the first accused. The said dealers authorisation letter is produced herewith and marked as Annexure II.
3. It is submitted that the second accused is the Managing Director of the Company M/s. ___________________ and he is incharge and responsible for the conduct of the business of the said company. The said company is manufacturing fertiliser / fertiliser mixtures.
4. It is submitted that the third accused has been appointed as responsible officer by M/s. _______________ and is responsible for compliance of the provisions of FCO 1985.
5. It is submitted that during the inspection by the complainant, the first accused / his representative was present and the complainant drew the sample of the fertiliser from the stock of the first accused and from there three test samples were prepared as per procedure laid down in Schedule II of FCO. Each test sample was sealed by the complainant in presence of the first accused. And one sample was given to the first accused alongwith a copy of Form J. Acknowledgement was obtained in Form J as per the provisions of Schedule II Part A 5 (iv). The said acknowledgement is herewith produced and marked as Annexure IV. The second sample was sent to the Incharge, Fertiliser Quality Control Laboratory through Form K marked as Annexure V and the 3rd sample has been retained / deposited with Senior Officer as reference sample.
6. As per the powers delegated under Clause 28 (2) of FCO 1985, the complainant had issued a notice to the dealer M/s. ____________ to prevent the disposal or movement of fertiliser. The copy of the same is produced as Annexure VI
7. It is submitted that the stock of non-standard fertiliser has been seized from the business premises of the first accused by the complainant on ___________. At th time of seizure a Mahazar / Panchnama has been prepared before the witnessess and which is marked as Annexure VII. The intimation of the said seizeure has been given to the District Collector on _______ which is marked as Annexure VIII.
8. It is submitted as per the report of Incharge, Fertiliser Control Laboratory, the sample of fertiliser in question is non-standard. The said report copy has been delivered to the first accused and an acknowledgement has been delivered to the first accused and an acknowledgement has been obtained. The said acknowledgement is produced and marked as Annexure IX.
9. It is submitted that complainant on ___________ has seized the stock register, bill book and cash book of the first accused firm under a Mahazar / Panchnama. The said Panchnama is produced and marked as Annexure X.
10. It is submitted that the first and second accused were issued the Show Cause notice by the complainant. In reply to the said notices the first accused has given a written reply stating that the non-standard fertiliser in question was manufactured by second accused. The second accused has replied that the non-standard fertiliser in question was manufactured by M/s. _________________ The reply of accused Number one and second are produced herewith as Marked as Annexure XI and XII.
11. It is submitted that the first accused has committed an offence under Clause 19 (a) read with Section 7 (i)(a)(ii) for having sold the non-standard fertiliser in question. The second accused has committed an offence under Clause 19 (a) / (b)* read with the Section 7 (i)(a)(ii) for having manufactured the non-standard fertiliser in question.
· Strike out whichever is not applicable
12. The Fertiliser (Control) Order 1985 has been specified as Special Order under Section 12 (A) of ECA 1955 for the purpose of summary trial.
13. It is submitted that the Government has accorded consent for launching prosecution against the accused under provisions of Section 12 AA (e) of ECA 1955, the same has been produced and marked as Annexure XIII.
14. It is submitted that the offence is triable only by the Special Court as per the Provisions of 12 AA (e) of ECA 1955.
15. It is submitted that the offences are committed within the jurisdiction of the Court.
UNDER THE CIRCUMSTANCES AND FOR THE PURPOSES OF MEETING THE ENDS OF JUSTICE, IT IS HUMBLY PRAYED THAT THIS HONORABLE COURT BE PLEASED TO TAKE COGNIZANCE OF THE OFFENCE AGAINST BOTH THE ACCUSED AND PUNISH BOTH OF THEM AS PER THE LAWS OF LAND.
List of Witnesses:
1.Sri. _______________ Address:_____________________
Fertiliser Inspector _______________________
2. Sri. _______________ Address:_______________________
3. Sri.________________ Address:_______________________
List of Documents produced
Annexure 1 to 13