PUNJAB FERTILIZERS (CONTROL) ORDER, 1973

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THE PUNJAB FERTILIZERS (CONTROL) ORDER, 1973
(VII OF 1973)
CONTENTS
1. Short title and commencement 
2. Definitions
3. Dealers
4. Maximum Prices
5. Information to be furnished by importers
6. Information to be furnished by producer
7. Disposal of fertilizer
8. Fixing of maximum quantity which may be held or sold
9. Duty to declare possession of excess stock
10. Cash memorandum to be given on certain sales
11. Marking of prices and exhibiting price lists
12. Power to order sale
13. Restriction on movement
14. Refusal to sell
15. Declaration of godowns, store houses or ware  houses etc
16. Maintenance of records
17. Power to search, inspect, etc
18. Sale of adulterated and fake fertilizers
19. Procedure of Sampling
20. Government Fertilizer Testing Laboratory
21. Despatch of sample for test or analysis in the laboratory
22. Report of result of analysis
23. Printing & Labelling
TEXT
THE PUNJAB FERTILIZERS (CONTROL) ORDER, 1973
(VII OF 1973)
[10th August, 1973]
NOTIFICATION
No. SO(ECB) - Ferti - 73(1)-- In exercise of the powers conferred by Section 3 of the  
Punjab Essential Articles (Control) Ordinance, 1973 (Punjab Ordinance No. VII of 1973), The  
Governor of the Punjab is pleased to make the following Order:
1. Short title and commencement:-  (1) This Order may be called the Punjab Fertilizers 
(Control) Order, 1973.
(2) It extends to the whole of the Province of the Punjab.
(3) It shall come into force at once.
2. Definitions:-  In  this  Order,  unless  the  context  otherwise  requires,  the  following  
expressions shall have the meaning hereby respectively assigned to them, that is to say:
[1](a) “adulterated” when used with reference to a fertilizer means fertilizer the nutritional  
strength or purity of which falls  below the professed standard or quality mentioned  
on its label or under which it is sold ;
[1] (b) “dealer” means a person or an association of persons carrying on the business of  
selling any brand of fertilizer whether wholesale  or retail;
[2] (bb) “fertilizer” means any material, organic or inorganic, or mixture used to supply one or 
more of the essential plant nutrient elements.
[1] (c) “importer” means a person or an  association of persons importing into the Punjab  
whether under an import licence or otherwise, any brand of fertilizer from outside the 
Punjab and includes a buying agent, an indentor and a manufacturer’s agent; and
[1] (d) “producer”  means  a  person  or  an  association  of  persons  engaged  in  the  
manufacture or production of any brand of fertilizer.
3. Dealers:- (1) The controller may, by notification in the Official Gazette, specify the person  
or persons who shall be the dealer for the purposes of this Order and thereupon, subject to sub-
clause-(2),  no  importer  or  producer  shall,  except  with  the  prior  permission  in  writing  of  the 
Controller, sell or otherwise dispose of fertilizer to any person who is not such dealer.
(2) The Controller may, by an order in writing require any  importer or producer to sell to  
such dealer or dealers such quantity or quantities of fertilizer as may be specified in the Order,  
and may issue incidental or supplementary instructions in writing to any importer, producer or  
dealer in regard to the sale thereof as he thinks fit.
4. Maximum  Prices:-  The  Controller  may,  by  notification  in  the  official  gazette,  fix  the 
maximum price of fertilizer and no importer, producer or dealer shall sell it at a higher price than  
the price so fixed.
5. Information to be furnished by importers :- (1) Every importer shall, within one week  
from the date of his receiving  intimation of despatch of a consignment containing any fertilizer  
1 Inserted & Described  vide Notification No. SO (ECB) Ferti.-73 (1) dated. 12.03.1999
2 Inserted vide Notification No. STO (PSB) 03-02/90, dated 18.02.2003
from any place outside the Punjab, furnish to the controller, by registered post, acknowledgement  
due, the following information in respect of that consignment:-
(a) description and quantity of the fertilizer included in the consignment; and
(b) expected date and place of the arrival of the consignment in the Punjab.
(2). Every importer shall, within two weeks of the arrival of the consignment of fertilizer,  
furnish to the Controller by registered post, acknowledgement due, the following information in  
respect of the consignment:-
(a) description and quantity of the fertilizer included in the consignment;
(b) landed cost of the fertilizer showing the CIF value, customs duty and other incidental 
charges if any; and 
(c) indenting commission included in the invoiced value of the consignment  
6. Information to be furnished by producer :- Every producer shall furnish the following  
information to the Controller, so as to reach him by the 10th day of each calendar month:
(a) description and actual quantity of each brand of fertilizer produced in the preceding  
calendar month ; and
(b) the actual or estimated cost of production of each brand of fertilizer.
7. Disposal of fertilizer:- No importer or producer shall sell or otherwise dispose off fertilizer  
of any brand, imported or, as the case may be, produced by him without the instructions in writing  
in this behalf issued by the Controller.
8. Fixing  of maximum quantity  which may be held or sold :- The Controller may, by  
notification in the official gazette, fix in respect of any fertilizer:
(a) the maximum quantity which may at one time be held in stock by an importer,  
producer, dealer or any other person ; and 
(b) the maximum quantity which may in any one transaction be sold to any  person. 
9. Duty to declare possession of excess stock :- Any person having in his possession a  
quantity of fertilizer exceeding that permitted by or under this order shall forthwith report the fact to 
the Controller and take such action in respect of the storage, distribution or disposal of the excess  
quantity as the controller may direct.
10. Cash memorandum to be given on certain sales :- Every importer, producer and dealer  
when selling fertilizer for cash shall give the purchaser a cash memorandum containing particulars 
of the transaction and full address of the purchaser.
11. Marking of prices and exhibiting price lists :- The Controller may, in writing direct any  
importer, producer or dealer to mark fertilizer exposed or intended for sale with the sale price or to  
exhibit on his premises a price list of fertilizer held by him for sale and may further give directions  
regarding the manner of sale.
[3] (2) No dealer or person responsible for storage, distribution and sale of fertilizers shall  
mix any particular type of fertilizer with any other type of fertilizer or other extraneous material and  
no such person shall store or sell under-weight bags of fertilizer, destroy, efface or alter or cause  
to be destroyed, effaced or altered any label or mark fixed to any brand of fertilizer indicating the  
price marked by an importer or producer
3 Substituted vide Notification No. SO (EAB) 7-77/74, dated 01.06.1977.
12. Power to order sale :- (1) The Controller may, by Notification in the official gazette; direct  
dealer to sell fertilizer only to such persons as are authorized by such competent authority as may  
be specified in the direction to purchase.
(2) the  Controller, may  by  order in writing, direct any importer  or  producer to sell,  
subject to other provision of this order, any brand of fertilizer to such person or persons and in  
accordance with such conditions as may be specified in the Order.
13. Restriction  on  movement:- The  Controller  may  impose  restrictions  on  movement  of 
fertilizer within or outside the Province of the Punjab.
14. Refusal to sell:- Subject to the provision of clause 8(b) of this Order, no importer, producer 
or dealer shall, without sufficient cause or previous authorization of the controller, refuse to sell to  
any person any fertilizer.
Explanation:- The possibility or expectation of obtaining a higher price for any fertilizer at a 
later date shall not be deemed to be sufficient cause for the purpose of this clause.
15. Declaration of godowns, store houses or ware  houses etc.:- (I) Every producer, 
importer, and dealer holding stock of fertilizer shall, within two weeks of the publication of this  
Order, declare to the Controller the place or places where such stock is kept or stored.
(2) When any such importer, producer, dealer or other person as aforesaid desires, to  
change the place or places of stock after  he had made declaration under sub clause (I) he shall  
bring to the notice of the Controller his intention to change the place at least seven days before  
such change is effected.
16. Maintenance of records :- Every importer, producer and dealer shall maintain records of  
all sales and purchases of fertilizer in such form as may be prescribed by the Controller.
17. Power to search, inspect, etc .:- The Controller may, with a view to securing compliance  
with this Order-
(a) requiring any person to give such information as he possesses with respect to any  
business in fertilizer carried on by that person or any other person;
(b) inspect or cause to be inspected any book or other document belonging to or under  
the control of any person ; and 
(c) enter and search or authorise any person to enter and search any premises and  
seize or to take into possession or authorize any person to seize or to take into  
possession fertilizer [4] { and samples of fertilizers} in respect of which he has reason  
to believe that a contravention of this Order has been or is being, or is about to be  
committed and any records connected therewith.
[5] (d) apply for police assistance or authorize any person to apply for police assistance  
and the police officer to whom he applies shall provide such assistance as may be  
necessary for the purpose of seizure or taking into possession fertilizer and samples  
of fertilizer or the material mentioned in sub-clause (4) of clause 18, for analysis.
18. Sale of adulterated and fake fertilizers :- [6] [(1) No person shall sell or store for sale  
adulterated or spurious or fake fertilizers.
4 inserted vide Notification No. SO (ECB) Ferti-73 (I) dated 12.03.1999
5 Added vide Notification No. STO (PSB) 3-2/2003, dated 01.12.2004.
6 Clauses (1)-(4) in para 18 substituted vide Notification dated 12.03.1999
(2) No person shall produce, store for sale or sell under-weight bags of  fertilizers,  
destroy, efface or alter or caused to be destroyed, effaced or altered any label or mark fixed on  
any brand of fertilizers indicating the price marked by an importer or producer.
(3) Gypsum,  chemical  amendments,  or  such  other  material  as  is  not  a  standard 
fertilizer, shall not be manufactured, stored or offered for sale in granular form.
[7] [(4) No person shall manufacture, formulate, distribute, store, sell and offer for sale zinc  
sulphate, growth regulators, soil amendments, soil conditioners other micro nutrients and such  
other  material  which  is  not  a  standard  fertilizer  but  notified  by  the  Agriculture  Department, 
Government of the Punjab, as a fertilizer, without obtaining a license from the Controller. ]]
[8] (5) The license shall be granted under sub-clause (4) after compliance of the prescribed 
standards of fertilizer and the procedure laid down by the Agriculture Department, Government of  
the Punjab from time to time; and
(6) No  person  shall  import Zinc  Sulphate,  growth  regulators  or  micronutrients  from 
overseas or from other provinces without obtaining licence from the Controller for store, sale and  
offer for sale.
(7) No person shall manufacture, store or offer for sale agricultural grade Gypsum with  
less than 70% purity and thirty mesh size
 (8) A license granted under sub-clause (4) shall be cancelled if the license holder is  
found guilty of malpractices involving adulteration or any other activity repugnant to the provisions  
of this Order.
19. Procedure of Sampling:- Where a Controller takes a sample of a fertilizer for the purpose  
of test or analysis, he shall intimate such purpose in writing in Form-I to the person from whose  
possession he takes it and, in the presence of such person (unless he wilfully absents himself),  
shall divide the sample into three portions and effectively seal and suitably mark the same and  
permit such person to add his own seal and mark to all or any of the portions so sealed and  
marked;
Provided that:-
(1) Where the fertilizer is packed in containers of small volume, [9]{ i.e. 1 Litre or less,}  
instead dividing a sample as aforesaid, the Controller, shall take three of the said  
containers after suitably marking the same and, where necessary, sealing them; and 
(2) the Controller shall restore one portion of a sample so divided or one container, as  
the  case  may  be,  to  the  person  from  whom  he  takes  it,  and  shall  retain  the 
remainder and dispose of the same as follows:-
(i) He shall forthwith send one portion or container to the Government fertilizer  
testing laboratory for test or analysis;  and
(ii) He shall send the second portion or container to the Director Soil Fertility,  
Punjab, Lahore.
[10] 20. Government Fertilizer Testing Laboratory:- (1) The Soil and Water Testing Laboratories  
for Research, except at Lahore, shall function as fertilizer testing laboratories within their areas of  
7 Substituted vide Notification dated, 01.12.2004
8 Inserted vide Notification dated. 01.12.2004
9 Inserted vide Notification No. STO (PSB) 3-2/2003, dated 01.12.2004
10 substituted vide Notification dated 01.12.2004
jurisdiction  under  the  Administrative  control  of  provincial  set  up  of  Agriculture  Department, 
Government of the Punjab and the Soil and Water Testing Laboratory for Research at Lahore  
shall function as Reference Fertilizer Testing Laboratory.
(2) The samples collected from the areas of Lahore, Kasur and Sheikhupura, Okara  
shall be supplied to, and analyzed by the Soil and Water Testing Laboratories for Research at  
Gujranwala and Faisalabad respectively. Sub-clauses (6) & (7) added vide Notification No. STO  
(PSB) 3-2/90, dated 18.02.2003 which were re-numbered vide Notification No. STO (PSB) 3-
2/2003, dated 01.12.2004
[11] 21. Despatch of sample for test or analysis in the laboratory :- (1) Samples of fertilizers for  
test or analysis shall be sent to the Agricultural Chemist of the Laboratory in sealed packet,  
together with copies of the memorandum in Form-I  placed in an outer cover by registered post or  
through a special messenger.
(2) The packet as well as the outer cover shall be marked with a distinguishing number.
(3) A copy of the memorandum in Form-I and a special impression of the seal used to  
seal the packet shall be send separately by a registered post or through a special messenger to  
the Agricultural Chemist.
(4) On receipt of the packet, it shall be opened by the Agricultural Chemist or an officer  
authorised in writing in this behalf by him, who shall record the condition of the seal on the packet.  
[12]22. Report of result of analysis :- (1) After the test or analysis have been completed, the  
Agricultural Chemist of the laboratory shall forthwith supply to the Controller a report in triplicate in  
prescribed form of the result of the test or analysis, together with the test method applied.
(2) The report of the test or analysis shall be signed by the Agricultural Chemist himself  
[13]{and such report shall be conclusive proof of the particulars stated therein; and}
(3) The Controller shall deliver one copy of the report received by him to the person  
from whose possession the sample was taken and shall send one copy to the Director Soil  
Fertility, Punjab, Lahore.
[14] (4) The  person  to  whom  the  report has  been  delivered  under  sub-clause  (3)  may 
challenge the correctness of the analysis conducted by the Agricultural Chemist within thirty days  
of the delivery of report to him before the Additional Secretary (Task Force), Government of the  
Punjab, Agriculture Department, and produce such evidence which in his opinion contravenes the  
correctness of such analysis
(5) Where the evidence produced under sub-clause (4) is such as in the opinion of  
Additional Secretary justified a further investigation, he may cause it second portion of the same  
sample to be analyzed at the Reference Fertilizer Testing Laboratory
(6) After analysis of the sample, the Reference Fertilizer Testing Laboratory shall report  
the result of test or analysis and such report shall be conclusive evidence of the facts stated  
therein
11 substituted vide Notification SO (ECB) Ferti-73 (I) dated 12.03.1999
12 Added vide Notification dated 12.03.1999
13 inserted vide Notification dated 01.12.2004
14 Clauses (4) to (7) in para 22 added vide Notification dated 01.12.2004
(7) The Reference Fertilizer Testing Laboratory shall send the copy of test or analysis to  
the Controller concerned.
[15]23. Printing & Labelling:- (1) The package or container of fertilizer shall be such as is suitable 
for its storage and transportation and shall be such as material which does not adulterate or  
deteriorate the fertilizer.
[16] (2) Omitted
(3) No person shall sell or offer for sale or hold in stock for sale any fertilizer or the  
material mentioned in sub-clause (4) of Clause (18) unless it is labelled.
(4) The following information shall be printed conspicuously, legibly and indelibly on the  
containers, bags or packing stored or offered for sale:-
(a) name of fertilizer;
(b) name and address of the manufacturer, formulator and distributor
(c) net weight and contents; and
(d) registration number
(f) analysis of the material by percentage of the nutrient element (s).
By order of the Governor of the Punjab
SYED MUNIR HUSSAIN, S.Q.A., C.S.P.
Secretary to Government of the Punjab,
Industries and Mineral Development Department.
PUNJAB FERTILIZER (CONTROL) ORDER, 1998
FORM- I
I do hereby certify that accompanying is a sample of Fertilizer taken by me 
on ______________at _________________
(Specify full address) from stock incharge of _________________________________
(State name & address of importer / manufacturer / dealer) in the presence of
___________________________________________________________________
(State name & address of witness). The following further particulars are given:
15 Para 23 substituted vide Notification dated 01.12.2004
16 Clause (2) Para 23 omitted vide Notification No. STO (PSB) 3-2/2003, Dated 27.08.2005
1. Name & brand of fertilizer ___________________________
2. Name of the manufacturer ___________________________
3. Marks or number of packing ___________________________
4. Information given on containers ___________________________
5. Distinguished No. or Marking of sample ___________________________
6. Quantity of samples ___________________________
7. Impression of Seal as on sample ___________________________
8. Other particulars (if any) ___________________________
Signature of witness _______________  Signature of Controller with seal __________
Place ________________________________________________________________
Date _____________________
Signature of the dealer / importer / manufacturer