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Core Purpose

Order amending the Fertiliser (Inorganic, Organic or Mixed) (Control) Order, 1985 to revise the procedure for sampling, testing and referee/third analysis of fertiliser samples.

Detailed Summary

Issued by the Ministry of Agriculture and Farmers Welfare (Department of Agriculture and Farmers Welfare) on 13th December 2024 (S.O. 5384(E)), this Order, made under section 3 of the Essential Commodities Act, 1955 (10 of 1955) and titled the Fertiliser (Inorganic, Organic or Mixed) (Control) (Fifth) Amendment Order, 2024, further amends the Fertiliser (Inorganic, Organic or Mixed) (Control) Order, 1985 (principal Order published vide G.S.R. 758(E) dated 25 September 1985, last amended vide S.O. 3922(E) dated 12 September 2024), with effect from publication; it substitutes clause 28B to revise the procedure for handling the three samples drawn by Fertiliser Inspectors (one to the dealer/importer/manufacturer/pool handling agency/marketer, one to the notified laboratory, one retained by the designated authority), specifies that during joint Central-State inspections the second sample goes via the Central Coding Centre to the Regional Fertiliser Quality Control Laboratory at Chennai, Mumbai or Kalyani, allows re-testing within fifteen days of a non-standard report, and routes samples for second analysis to the National Test House Ghaziabad Coding Centre (testing at Kolkata, Mumbai, Chennai, Jaipur or Ghaziabad) and, where results vary, for third and final analysis to the Central Fertiliser Quality Control and Training Institute, Faridabad; it also amends clause 29(1) items (a) and (b) to omit references to the National Test House laboratories, substitutes clause 29B to designate the National Test House at Chennai, Ghaziabad, Jaipur, Kolkata and Mumbai as referee laboratories, inserts new sub-clauses (4) to (8) in clause 30 prescribing timelines (three working days to forward samples, fifteen days for analysis, three working days to communicate results), and omits sub-clauses (3), (4) and (5) of clauses 32 and 32A of the said Order; the Order is issued under file number 1-16/2022 Fert Law and signed by Yogita Rana, Joint Secretary.

Full Text

REGD. No. D. L.-33004/99 The Gazette of India CG-DL-E-14122024-259411 EXTRAORDINARY PART II-Section 3-Sub-section (ii) PUBLISHED BY AUTHORITY No. 4984] | NEW DELHI, FRIDAY, DECEMBER 13, 2024/AGRAHAYANA 22, 1946 8066 GI/2024 | (1) 2 | THE GAZETTE OF INDIA : EXTRAORDINARY | [PART II-SEC. 3(ii)] MINISTRY OF AGRICULTURE AND FARMERS WELFARE (Department of Agriculture and Farmers Welfare) ORDER New Delhi, the 13th December, 2024 S.O. 5384(E).—In exercise of the powers conferred by section 3 of the Essential Commodities Act, 1955 (10 of 1955), the Central Government hereby makes the following Order further to amend the Fertiliser (Inorganic, Organic or Mixed) (Control) Order, 1985, namely: - 1. (1) This Order may be called the Fertiliser (Inorganic, Organic or Mixed) (Control) (Fifth) Amendment Order, 2024. (2) They shall come into force on the date of their publication in the official Gazette 2. | In the Fertilizer (Inorganic, Organic or Mixed) (Control) Order, 1985 (hereinafter referred to as the said order, for clause 28B, the following clause shall be substituted namely: - "28 B. sample drawn by the Inspector (1) Out of the three samples collected by the Fertiliser Inspectors, one sample shall be given to the dealer or importer or manufacturer or pool handling agency or marketer, as the case may be and the second sample shall be sent to the in-charge of the laboratory notified under item (b) of sub- clause (1) of clause 29 and the third sample shall be kept in the custody of designated authority. (2) In case the sample shall be drawn by the Fertiliser Inspector of the Central Government or by the State Fertiliser Inspector during joint inspection, out of three samples, one sample shall be given to the dealer or importer or manufacturer or pool handling agency or marketer, as the case may be, and the second sample shall be sent for analysis through the Central Coding Centre to any of the Regional Fertiliser Quality Control Laboratory at Chennai, Mumbai or Kalyani and the third sample shall be kept in the custody of the In-charge of such Central Coding Centre. (3) In case the sample is reported as non-standard then within a period of fifteen days from the receipt of the report, the dealer or manufacturer or importer or pool handling agency or marketer, as the case may be, shall apply to the designated authority appointed by the State Government under clause 28 A of the said Order or to the in charge of the Central Coding Centre in case where the sample is drawn by the Central fertiliser Inspector for re-testing along with the prescribed fee and the sample provided to him by the Fertiliser Inspector. 4 | THE GAZETTE OF INDIA : EXTRAORDINARY | [PART II-SEC. 3(ii)] (4) The designated authority of the State Government or the in charge Central Coding Centre of the Central Government, as the case may be, shall immediately send any of the two samples that is one submitted by the dealer or manufacturer or pool handling agency or importer or marketer and other lying in its custody to the National Test House, Ghaziabad Coding centre for testing at any of its Centre at Kolkata, Mumbai, Chennai, Jaipur and Ghaziabad for second analysis. (5) The report of National Test House shall be treated as final and in case there is variance in first and second analysis report that is the sample reported as non-standard in different parameters, then the designated authority of state Government or the In-charge of Coding Centre, as the case may be, shall suo motto send the sample lying in their possession for third analysis at Central Fertiliser Quality Control and Training Institute, Faridabad and the analysis report of such Institute shall be treated as final: Provided that in case where the dealer or manufacturer or pool handling agency, as the case may be, does not apply within the stipulated period of fifteen days under sub-clause (3) of clause 28B, then the report of first analysis shall be final: Provided further that in case where the sample reports that is first analysis report and second analysis report are declared as nonstandard in a common parameter, in such case, there shall not any third analysis and the report of the second analysis shall be treated as final. 3. | In the said order, in clause 29, in sub-clause (1), (i) | in item (a), the words, brackets, figures and letter "and the National Test House Laboratories at Mumbai, Chennai, Kolkata, Ghaziabad and Jaipur as per sub-clause (2) of clause 28B", shall be omitted (ii) | in term (b),the words, bracket, figure and letter "and the National Test House at Mumbai, Chennai, Kolkata, Ghaziabad and Jaipur as per sub-clause (4) of clause 28B", shall be omitted; 4. | In the said order, for clause 29 B, the following shall clause be substituted, namely: - "29B The National Test House at Chennai, Ghaziabad, Jaipur, Kolkata and Mumbai shall be designated as referee laboratory for the purpose of analysis of any sample of fertiliser under sub-clause (2) of clause28 B.” 5. | In the said order, in clause 30, after sub-clause (3), the following sub-clauses shall be inserted, namely: - "(4) The designated officer or the Central Coding Centre incharge, as the case may be, shall send the sample for analysis at National Test House coding centre Ghaziabad, within a period of three working days from the date when the concerned manufacturer, dealer, importer, pool handling agency or marketer applied for referee analysis. (5) | The referee laboratory shall analyse the sample within a period of fifteen days from the date of receipt of sample in the laboratory and also communicate the results. (6) | The Coding officer of Central Government or designated officer shall within three working days shall send the sample to Central Fertiliser Quality Control and Training Institute, Faridabad for third analysis. (7) | The laboratory shall analyse the sample within a period of fifteen days from date of receipt and communicate the results to concerned designated authority or the coding officer of the Central Government, as the case may be, within a period of three working days from the generation of report. (8) | The designated officer shall communicate the result to the concerned party within the | said period of three days from the date of receipt of report both in case of referee laboratory, if the report is final or in case of third analysis report.”. 6. In the said Order, in clause 32, sub-clauses (3), (4) and (5) shall be omitted. 7. In the said Order, in clause 32 A, sub-clauses (3), (4) and (5) shall be omitted. [F. No. 1-16/2022 Fert Law] YOGITA RANA, Jt. Secy. Note: The Principal Order was published in the Gazette of India, Extra-ordinary, Part -II, Section 3, sub-section (ii) vide G.S.R. number 758(E) dated 25th September, 1985 and was last amended vide SO number 3922(E) dated 12th September,2024. Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064 and Published by the Controller of Publications, Delhi-110054. SARVESH KUMAR | Digitally signed by SARVESH SRIVASTAVA | KUMAR SRIVASTAVA

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