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  "id": "punjab-code-8245b6faadb9789e",
  "title": "PUNJAB FERTILIZERS CONTROL ACT 2025",
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  "source_url": "https://punjabcode.punjab.gov.pk/en/show_article/BjZSZVRqVWYCYg--",
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  "source_snapshot": "2026-08-06T16:55:23Z",
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  "text": "THE PUNJAB FERTILIZERS CONTROL ACT 2025 \r\n(XLIII of 2025) \r\nCONTENTS \r\n1. Short title, extent and commencement \r\n2. Definitions \r\n3. Controller, Additional Controller, Deputy Controller and Assistant Controller \r\n4. Inspection committees \r\n5.  Registration Committee \r\n6. Licensing \r\n7. Cancellation of license \r\n8. Appeal against cancellation of license \r\n9. Change in license \r\n10. Restrictions and prohibitions \r\n11. Licensing of a dealer and sub-dealer \r\n12.  Cancellation of license of a dealer and sub-dealer \r\n13. Fixing of maximum quantity which may be held or sold \r\n14. Notification of prices \r\n15. Marking of prices and exhibiting price lists \r\n16. Power to order sale \r\n17. Restriction on movement \r\n18. Track and trace a fertilizer \r\n19. Issuance of receipt \r\n20. Refusal to sell \r\n21. Declaration of godowns, storehouses or warehouses etc. \r\n22. Maintenance of record \r\n23. Packing and labeling \r\n24. Security features \r\n25. Powers of the Controller \r\n26.  Powers of the Additional Controller (Field) \r\n27.  Powers of the Additional Controller (Technical) \r\n28. Powers of the Additional Controller \r\n29. Powers of the Deputy Controller \r\n30.  Powers of the Assistant Controller \r\n31. Procedure of Sampling \r\n32. Government Fertilizer Testing Laboratories and analytical methodologies \r\n33. Report of result of analysis \r\n34. Appeal against analysis \r\n35. Disposal of expired, fake, adulterated and sub-standard fertilizer \r\n36. Offences and penalties \r\n37. Fee \r\n38. Delegation of powers \r\n39. Cognizance of offences \r\n40. Obstruction to lawful authority \r\n41. Indemnity \r\n42. Rules \r\n43. Removal of difficulties \r\n44. Right to appeal \r\n45. Provisions of the Act \r\n46. Repeal and savings \r\n \r\n \r\n  \r\nTEXT \r\n1\r\nTHE PUNJAB FERTILIZERS CONTROL ACT 2025 \r\n(XLIII of 2025) \r\n[29th May, 2025] \r\nAn \r\nAct \r\nto provide for regulation and control of fertilizer in the Punjab. \r\nIt is necessary to provide for the regulation and control of the manufacture, supply, \r\nimportation, distribution, dealership, quality standards, pricing, licensing, advertising, \r\ntransportation, storage, sale, monitoring, and disposal of fertilizers in the P unjab, ensure \r\navailability of quality fertilizers for agricultural purposes and the matters ancillary thereto \r\nand connected therewith.  \r\nBe it enacted by Provincial Assembly of the Punjab as follows: \r\n1. Short title , extent  and commencement.– (1) This Act may be cited  as the \r\nPunjab Fertilizers Control Act 2025. \r\n (2) It extends to whole of the Punjab. \r\n (3) It shall come into force at once. \r\n2. Definitions.– In the Act: \r\n(a) “Act” means the Punjab Fertilizers Control Act 2025; \r\n(b) “Additional Controller ” means the Additional Controller as provided under \r\nsection 3 of the Act; \r\n(c) “Additional Secretary (Task Force) ” means the Additional Secretary (Task \r\nForce), Government of the Punjab, Agriculture Department; \r\n(d) “adulterated” denotes a fertilizer wherein the nutritional stre ngth of an \r\ningredient is less than 69.9%, falling within the range of up to 30% of the \r\napproved limit for active ingredients or viable cells count specified in the \r\napplicable standard; \r\n(e) “Assistant Controller ” means the Assistant Controller as provided under  \r\nsection 3 of the Act; \r\n(f) “batch” means an identifiable quantity of fertilizer manufactured and \r\nprocessed under uniform conditions in a single lot; \r\n(g) “bio-fertilizer” means the product containing carrier based, either solid or \r\nliquid, living microorganisms whic h are agriculturally useful in terms of \r\nnitrogen fixation, phosphorus solubilization or nutrients mobilization, to \r\nincrease the productivity of the soil or crop; \r\n(h) “bio-stimulants” mean a product that is applied to plants or soil to enhance \r\nplant growth, development, and includes, but is not limited to, plant growth \r\npromoters, plant growth regulators, soil microorganisms, amino acids, \r\nhumic-acids, fulvic-acids, seaweed extracts, and other naturally occurring \r\nsubstances that improve plant nutrition and stress tolerance; \r\n(i) “brand” means the trade name applied by a manufacturer or importer to the \r\nfertilizer; \r\n                                                           \r\n1This Act was passed by Provincial Assembly of the Punjab on 21 May 2025; and was assented to by Governor of the Punjab on 29 \r\nMay 2025; and was published in the Punjab Gazette (Extraordinary), dated: 29 May 2025, pp. 4791-4803. \r\n(j) “Controller\" means the Controller as provided under section 3 of the Act; \r\n(k) “crop supplements ” means any material, substance or mixture of \r\nsubstances, other than  major fertilizer, that is manufactured, sold, or \r\nrepresented for use in the improvement of the physical condition of soils or \r\nto aid plant growth or crop yields; \r\n(l) “dealer” means a person or an association of persons carrying on the \r\nbusiness of selling any brand of fertilizer whether on wholesale or on retail \r\nhaving license from the Deputy Controller; \r\n(m) “Department” means Agriculture Department of the Government; \r\n(n) “Deputy Controller” means the Deputy Controller as provided under section \r\n3 of the Act; \r\n(o) “distributor” means a person, or an association of persons engaged in the \r\ndistribution of a fertilizer; \r\n(p) “essential plant nutrient elements ” include carbon, hydrogen, oxygen, \r\nnitrogen phosphorus, potassium, sulphur, calcium, magnesium, boron, \r\ncopper, iron, manganese, zinc, molybdenum and chlorine; \r\n(q) “expired” means a fertilizer of which validity date mentioned by the \r\nmanufacturer, where applicable, has passed; \r\n(r) “fake” means a fertilizer whose nutritional strength is below 30% of the \r\napproved limit for active ingredient o r viable cells count given in the \r\napplicable standard or any fertilizer that does not conform to parameter \r\nbeyond chemical criteria; \r\n(s) “fertilizer” means any material, organic or inorganic, or mixture used to \r\nsupply one or more of the essential plant nutrien t elements; and includes, \r\nwithin its scope, bio -fertilizer, bio -stimulant, crop supplement, soil \r\nconditioner, and soil and water amendment; \r\n(t) “Form” means a Form as prescribed under the Act; \r\n(u) “Government” means Government of the Punjab;  \r\n(v) “importer” means a pe rson or an association of persons importing into \r\nPakistan whether under an import license or otherwise, any brand of \r\nfertilizer from outside Pakistan and includes a buying agent, an indenter \r\nand a manufacturer’s agent; \r\n(w) “major fertilizer ” means solid fertil izer material containing anyone, two, or \r\nthree macronutrients such as Nitrogen, Phosphorus and Potash; \r\n(x) “manufacturer” means a person, or an association of persons engaged in \r\nmanufacturing or production of fertilizer; \r\n(y) “marking” refers to any written or grap hic information that is printed on or \r\nattached to a fertilizer container, bag, or other retail package, if present; \r\n(z) “misbranded” means an unauthorized utilization of already notified product \r\nwith approved label having certain nomenclature that possesses th e ability \r\nto differentiate one company's product from another as per approved \r\nstandards; \r\n(aa) “mislabeled” means a fertilizer that is not marketed in accordance with the \r\nlabel as per the notified standard; \r\n(bb) “notified” means notified by the Controller under the Act; \r\n(cc) “packing” refers to the package or container, along with specified pack size \r\noutlined in the respective standard for any fertilizer; \r\n(dd) “person” means a natural person or legal entity and includes an individual, \r\nor association of individuals, firm, partne rship, society, group, a public or \r\nprivate limited company, corporation, cooperative society or any other body \r\ncorporate; \r\n(ee) “prescribed” means prescribed by the rules made or framed under the Act; \r\n(ff) “producer” means a person engaged in the manufacturing or production of \r\na fertilizer; \r\n(gg) “PSQCA” means Pakistan Standards and Quality Control Authority; \r\n(hh) “rules” means the rules made under the Act; \r\n(ii) “soil conditioner” means a product applied to soil to modify its \r\ncharacteristics, including but not limited to its struc ture, water -holding \r\ncapacity, aeration, pH balance, nutrient availability, and microbial activity; \r\n(jj) “special circumstances” means when supply of fertilizer is short and \r\ndemand is high in the market; \r\n(kk) “standard fertilizer” means any material, organic or inorg anic, or mixture \r\nused to supply one or more of the essential plant nutrient elements whose \r\nspecifications are established by PSQCA and adapted by the Additional \r\nController (Technical); \r\n(ll) “standard operating procedure” means the standard operating procedures \r\nunder section 25 of the Act; \r\n(mm) “standard” means specifications established by PSQCA; \r\n(nn) “sub-dealer” means a person, having license from the Deputy Controller, \r\nwho receives fertilizer from the dealer with acknowledgment and sells it \r\ndirectly to farmers; \r\n(oo) “sub-standard fertilizer ” means a fertilizer whose nutritional strength falls \r\nbelow 95% up to 70% of the approved limit for active ingredient or viable \r\ncells count given in the applicable standard; \r\n(pp) “unlicensed fertilizer” means a fertilizer that is not manufactured, imported, \r\ndistributed, stored, sold or offered for sale in conformity with the prescribed \r\nlicense as stipulated under the Act; and \r\n(qq) “water conditioner”  means a product added to water to alter its \r\ncharacteristics, including but not limited to its pH bala nce, hardness, \r\nalkalinity and turbidity, with the intention of making the water more suitable \r\nfor irrigation. \r\n3. Controller, Additional Controller, Deputy Controller and Assistant \r\nController.– (1) The Secretary of the Department  shall be the Controller for the \r\npurposes of the Act. \r\n (2) The Director of Agriculture (Extension) Hqrs, Punjab shall be the Additional \r\nController (Field) at provincial level for the purposes of the Act. \r\n (3) The Chief Scientist, Soil Fertility Research In stitute, Punjab, shall be the \r\nAdditional Controller (Technical) at provincial level for the purposes of the Act. \r\n (4) The Director of Agriculture (Extension) /Divisional Incharge , shall be the \r\nAdditional Controller at Division level for the purposes of the Act.  \r\n (5) The Deputy Director Agriculture  (Extension)/District Incharge  shall be the \r\nDeputy Controller at District level for the purposes of the Act. \r\n (6) The Assistant Director Agriculture (Extension)/Tehsil Incharge shall be the \r\nAssistant Controller at Tehsil level for the purposes of the Act. \r\n4. Inspection committees.– The Controller may , by an order , in writing, constitute \r\none or more inspection committees at provincial level and one inspection committee in \r\neach division to carry out the purposes of the Act. \r\n5.  Registration Committee.– The Controller may, by an order , in writing, constitute \r\nregistration committee at provincial level to carry out the purposes of the Act. \r\n6. Licensing.– (1) No person shall manufacture, import, distribute, store, sell and \r\noffer for sale any fertilizer without obtaining a license under the Act. \r\n (2) An application, on a format as may be prescribed, for grant of license as \r\nmanufacturer, importer, distributor, after fulfilling such conditions and on payment of such \r\nfee, as may be prescribed and complete in all respects, shall be submitted to the \r\nAdditional Controller (Technical) through an online process or by hand. \r\n (3) The office of Additional Con troller (Technical) shall , after receipt of the \r\napplication under sub-section (2), process it in the manner as may be prescribed. \r\n (4) If the application is found complete in all respects, the Additional Controller \r\n(Technical) shall forward the same to the inspection committee for inspection of the unit \r\nor site, as the case may be,  as provided in the application , in such manner  as may be \r\nprescribed. \r\n (5) The inspection committee, after conducti ng inspection, shall submit its \r\nreport along with its recommendations, to the Additional Controller (Technical) within \r\nsuch period as may be prescribed.  \r\n(6) An applicant aggrieved of the recommendations of the inspection \r\ncommittee may, within seven days of the receipt of such recommendations, file a \r\nrepresentation before the Additional Controller ( Field) who may, if considers suitable, \r\ndirect re -inspection of the unit or site, as the case may be, by another inspection \r\ncommittee and t he recommendations of such inspection committee , after its re -\r\ninspection, shall be final. \r\n (7) On receipt of the report of the inspection committee, the Additional \r\nController (Technical), shall  forward the case to the registration  committee for \r\nconsideration of the case.  \r\n(8) On the recommendations of registration committee, the Additional \r\nController (Technical) shall issue the license in favor of the applicant for a period of three \r\nyears which may be renewed for another term of th ree years subject to fulfilling of such \r\nterms and conditions and on payment of such fee as may be prescribed. \r\n (9) In case the license is refused, a representation, within a period of ten days \r\nof such refusal, may be filed before the Additional Secretary (Task Force) who shall, after \r\nhearing the applicant and perusing the relevant record, pass a speaking order which \r\nshall be final. \r\n7. Cancellation of license.– (1) The Additional Controller (Technical), on his own or \r\non a report or application received by  him, finds that violation of any provision of the A ct \r\nor the rules made thereunder  has been made, may issue a notice to  the violator to  \r\nremove the violation within one month.  \r\n(2) If the manufacturer, importer or distributor fails to remove the violation \r\nwithin the given period, the Additional Controller (Technical) may, after affording an \r\nopportunity of being heard, cancel the license of such manufacturer, importer or \r\ndistributor. \r\n8. Appeal against cancellation of license.– (1) A manufacturer, importer or \r\ndistributor whose license has been cancelled under the Act,  may file an appeal, within \r\nten days of such cancellation, to the Additional Secretary (Task Force) , who shall pass \r\nappropriate order thereupon.  \r\n (2) An appeal against the order of the Additional Secretary (Task Force) may be \r\nfiled before the C ontroller who shall, after hearing of the applicant and perusing the \r\nrelevant record, pass speaking order which shall be final. \r\n9. Change in license.– (1) A manufacturer, importer or distributor who intends to \r\nchange the particulars given in the license, shall apply to Additional Controller \r\n(Technical), in such manner and on payment of such fee as may be prescribed. \r\n(2) In case the change in the license is ref used, the aggrieved may, within ten \r\ndays of such refusal, file an appeal to the Additional Secretary (Task Force) who shall, \r\nafter affording an opportunity of being heard, pass appropriate order thereupon  which \r\nshall be final. \r\n10. Restrictions and prohibitions.– (1) No manufacturer , importer, distributor, \r\ndealer and sub-dealer shall manufacture, import, distribute, deal, store, supply, offer for \r\nsale or use any fertilizer which is fake or adulterated or substandard or unlicensed, or \r\nmisbranded or mi slabeled or underweight or expired or tampered or hazardous or \r\ndangerous or harmful to human health, safety or environment. \r\n (2) No manufacturer, importer, distributor, dealer and sub-dealer shall dispose \r\nof, or cause to be disposed of, any fertilizer, whether by way of burial, burning, dumping, \r\nor otherwise, unless such disposal  is in full compliance with such  procedure as may be \r\nprescribed. \r\n(3) No manufacturer, importer, distributor, dealer and sub-dealer shall destroy, \r\nobliterate, damage, alter, or cause to be destroyed, obliterated, damaged any label or \r\nsign affixed to a container or package of fertilizer or alter any marking or indication of the \r\nprice or sell on higher price or use license other than the purpose provided in the license. \r\n(4) No manufacturer, importer, distributor, dealer and sub-dealer shall engage \r\nin the sale or  offer for sale any fertilizer unless such fertilizer is labeled and marked in \r\nsuch manner as may be prescribed , including but not limited to the requirements \r\npertaining to labeling and marking of containers or packages, disclosure of net weight or \r\nvolume, declaration of nutrient content, warning and caution statements and conformity \r\nwith other prescribed labeling and marking requirements.  \r\n(5) No manufacturer, importer, distributor, dealer and sub -dealer shall \r\nmanufacture, import, distribute , deal, sale  or offer for sale  agricultural grade gypsum \r\nbelow minimum purity of seventy percent and a mesh size of not less than thirty and \r\nsuch gypsum shall not be manufa ctured or imported or distributed or dealt with , sold or \r\noffered for sale in a granular form. \r\n11. Licensing of a dealer and sub-dealer.– (1) No dealer and sub-dealer shall deal \r\nin any fertilizer without obtaining a license as a dealer or sub-dealer, as the case may be, \r\nfrom Deputy Controller of the respective District, in such  manner, upon payment of such \r\nfee and on such terms and  conditions as may be prescribed.  \r\n (2) The Deputy Controller, after such further enquiry, if any, as he may \r\nconsider necessary, is satisfied that the requisite requirements have been complied with, \r\nmay issue a license to the applicant as a dealer or sub -dealer, as the case may be, for a \r\nperiod of three years which may be renewed for a further period of three year , subject to \r\npayment of such fee and on such terms and conditions as may be prescribed.  \r\n (3) In case application for grant of a license or renewal, as the case may be, is \r\nrejected, such rejection shall contain  reasons and the same shall be communicated to \r\nthe applicant. \r\n (4) The applicant, whose application is rejected under the Act, may  within ten \r\ndays of communication of such rejection, prefer an appeal as may be prescribed. \r\n12.  Cancellation of  license of a dealer and sub-dealer.– (1) If a dealer or sub -\r\ndealer licensed under the Act, is found guilty of malpractices involving adulteration or any \r\nother activity rep ugnant to the provisions of the  Act, the Deputy Controller may, after \r\naffording an opportunity of being heard, by an order in writing stating the reasons thereof, \r\ncancel the license. \r\n (2) The person whose license has been cancelled may file an  appeal to the \r\nAdditional Controller within thirty days of the receipt of such cancellation. \r\n (3) An appeal against the order of the Additional Controller may be filed before \r\nthe Additional Secretary (Task Force) who shall, after hearing of the applicant and \r\nperusing the relevant record, pass speaking order thereupon which shall be final.  \r\n13. Fixing of maximum quantity which may be held or sold.– The Controller may, \r\nby an order  in writing,  in respect of any f ertilizer as and when required  in special \r\ncircumstances, fix the maximum quantity which may be held or sold by manufacturer, \r\nimporter, distributor, dealer and sub-dealer. \r\n14. Notification of prices.– The Deputy Controller may, by an order in writing, notify \r\nmaximum price of any brand of  fertilizer in his territorial jurisdiction and no person shall \r\nsell such fertilizer at a price higher than the notified price  and such price list shall be \r\nexhibited at a prominent place in the premises of sale point. \r\n15. Marking of prices and exhibiting price lists .– The Controller may, in writing , \r\ndirect any importer, manufacturer, distributor, dealer and sub -dealer to mark fertilizer \r\nexposed or intended for sale with the sale price or to exhibit on his premises a price list \r\nof fertilizer held by him for sale and m ay further give directions regarding the manner of \r\nsale. \r\n16. Power to order sale .– The Controller may , by an order in writing, direct a ny \r\nmanufacturer, importer, distributor, dealer and sub-dealer to store,  sell or offer for sale \r\nfertilizer in special circumstances. \r\n17. Restriction on movement.– The Controller may impose restrictions on movement \r\nof fertilizer within or outside the district or province of the Punjab in special \r\ncircumstances. \r\n18. Track and trace a fertilizer.– (1) The Department shall, for ensuring the \r\nauthenticity and origin of a fertilizer, establish a track and trace system and monitor to \r\nensure compliance: \r\nProvided that until the trac k and trace system is established by the Department, \r\nthe information shall be shared manually in such manner and form as may be prescribed. \r\n (2) A manufacturer, importer, distributor, dealer and sub -dealer shall enter the \r\ndetails of the fertilizer stock in the track and trace system established by the Department \r\nand non-compliance thereto shall be treated as violation of the provisions of the Act. \r\n19. Issuance of receipt.– A manufacturer, importer, distributor, dealer and sub -\r\ndealer shall issue a receipt on each sale of  fertilizer to the purchaser and such receipt, \r\neither system generated or in a manual form, shall contain details of the sale with full \r\naddress of the purchaser.  \r\n20. Refusal to sell .– Subject to the provision s of section 13 of th e Act, no \r\nmanufacturer, importer, dealer  and sub-dealer shall , with previous authorization of the \r\nController, refuse to sell to any person any fertilizer. \r\n21. Declaration of godowns, storehouses or warehouses etc.– (1) Every \r\nmanufacturer, importer, distributor, dealer and sub -dealer holding stock of fertilizer shall, \r\nafter the commencement of the Act, submit to the Deputy Controller a declaration  of the \r\nplace where such stock of fertilizer is kept or stored.  \r\n (2) When any such importer, manufacturer, distributor, dealer and sub-dealer or \r\nother person as aforesaid , desires to change the place of stock of fertilizer after he had \r\nmade declaration under sub-section (1), shall bring to the notice of the Deputy Controller \r\nhis intention to change the place at least one month before or after such change. \r\n22. Maintenance of record.– Every manufacturer, importer, distributor , dealer and \r\nsub-dealer shall maintain and furnish record  of all sale and purchase  of fertilizer in such \r\nform as may be prescribed.  \r\n23. Packing and labeling.– (1) The package or container of fertilizer shall be such as \r\nis suitable for its storage and transportatio n and shall be of such material  which does not \r\nadulterate or deteriorate the fertilizer. \r\n (2) No person shall sell or offer for sale or hold in stock for sale any fertilizer \r\nunless it is labeled as under: \r\n(a) Brand name:   \r\n(b) Category:   \r\n(c) PS /  Reference \r\nNo. \r\n \r\n(d) License No.  \r\n(e) Composition: Nutrients \r\n(%) \r\nW/W \r\n(for \r\nsolid) \r\nW/V \r\n(for Liquid) \r\nNutrients (%) W/W \r\n(for \r\nsolid) \r\nW/V \r\n(for \r\nLiquid) \r\n (i) \r\n(ii) \r\n  (iii) \r\n(iv) \r\n \r\n  \r\n(f) Net weight: \r\n(g) Name & address of manufacturer or importer: \r\n(h) Name & Address of distributor: \r\n(i) Batch No. with date: (as prescribed) \r\n24. Security features.– (1) Quick response code and human readable alphanumeric \r\ncode shall be affixed  on bag or container  to help trace the origin of the fertilizer and \r\nprovide contact information of manufacturer or importer or distributor.  \r\n (2) Covert security feature shall be affixed  on bag or container  as a  hidden \r\nfeature that requires an electronic handheld device for verification, aiding field inspectors \r\nin detecting counterfeit products.  \r\n25. Powers of the Controller.– The Controller shall have powers to: \r\n(a) overall monitor and enforce the standards , mechanisms, methodologies of \r\nproduction and test regarding fertilizer for the purposes of the Act; \r\n(b) monitor the availability, pricing, quality and licensing of fertilizer; \r\n(c) take appropriate measures to ensure supply, quality and fair pricing of \r\nfertilizer; \r\n(d) hear appeals against orders passed by the  Additional Secretary (Task \r\nForce); \r\n(e) exercise the powers  of Additional Controller, Additional Controller (Field), \r\nAdditional Controller (Technical), Deputy Controller and Assistant \r\nController under the Act; and \r\n(f) issue guidelines or stand ard operating procedures for the purposes of the \r\nAct subject to the provisions of the Act, rules made thereunder. \r\n26.  Powers of the Additional Controller (Field ).– The Additional Controller (Field)  \r\nshall have powers to: \r\n(a) require the requisite information from a fertilizer manufacturer, importer or \r\ndistributor under the Act; \r\n(b) draw sample of fertilizer throughout the province as and when required; \r\n(c) hear appeals against orders passed by the  Director of Agriculture \r\n(Extension)/Divisional Incharge; \r\n(d) hear appeal against recommendations of inspection committee  as \r\nprescribed; \r\n(e) exercise all powers of Deputy Controller and Assistant Controller; and \r\n(f) perform such other duties as may be assigned by the Controller.  \r\n27.  Powers of the Additional Controller  (Technical).– The Additional Controller \r\n(Technical) shall have powers to: \r\n(a) grant, renew, cancel or withdraw license of fertilizer under the Act; \r\n(b) monitor the manufacturing unit for production, quality assurance and \r\nwarehouse as and when required; \r\n(c) monitor the Government Fertilizer Testing L aboratories as and when \r\nrequired for transparency and traceability of test result;     \r\n(d) extend expert opinion regarding production and analysis methodologies; \r\n(e) obtain retesting of fertilizer sample  as and when required for verification of \r\ntest results of the laboratories; \r\n(f) conduct field trials of new products as and when required  for evaluation \r\npurposes; \r\n(g) exercise all powers of Deputy Controller; and \r\n(h) perform such other duties as may be assigned by the Controller. \r\n28. Powers of the Additional Controller.– The Additional Controller shall have \r\npowers to: \r\n(a) require information from a fertilizer manufacturer, importer, distributor , \r\ndealer and sub-dealer under the Act; \r\n(b) draw sample of fertilizer throughout the division as and when required; \r\n(c) hear appeal against the order  passed by the Deputy Controller  and \r\nAssistant Controller; \r\n(d) exercise all powers of Deputy Controller; and \r\n(e) perform such other duties as may be assigned by the Controller. \r\n29. Powers of the Deputy Controller.– (1) The Deputy Controller shall have powers \r\nto: \r\n(a) issue license to fertilizer dealers and sub-dealers in the respective District; \r\n(b) notify maximum price of fertilizer in the respective district; \r\n(c) inspect fertilizer unit, warehouse, and other related infrastructure; and \r\n(d) perform such other duties as may be assigned by the Controller. \r\n(2)  In addition to the above, the Deputy Controller may exercise the powers of \r\nan Assistant Controller for carrying out the purposes of the Act.  \r\n30.  Powers of the Assistant Controller.– The Assistant Controller shall have \r\npowers to:  \r\n(a) require any person to give such information as he possesses with respect \r\nto any business in fertilizer carried on by that person or any other person; \r\n(b) inspect or cause to be inspected any book or other document belonging to \r\nor under the control of any person and shall provide the copy and get \r\nreceiving for the concrete evidence; \r\n(c) enter, search and seal  any premises , seal or  seize any unlicensed  or \r\nmisbranded fertilizer, material, articles, record, or equipment to which the \r\noffence relates or found in such premises;  \r\n(d) dispose of any fertilizer, material, article, or thing seized, under clause (c) \r\nor under the Act or rules made thereunder; \r\n(e) apply for police assistance in case of any hindrance and the police officer \r\nto whom he applies shall provide such assistance as may be  necessary for \r\nthe purpose of sealing or seizing in prescribed form or taking into \r\npossession any fertilizer, sample of fertilizer, material, articles, record, or \r\nthing; \r\n(f) take sample of fertilizer as per procedure given under the Act; \r\n(g) initiate legal action against a manufacturer, importer, distributor, dealer, \r\nsub-dealer, or any other individual based on the test results of a fertilizer \r\nsample received from the Government Fertilizer Testing Laboratory  under \r\nthe Act; and \r\n(h) exercise such other powers as may be necessary for carrying into effect \r\nthe provisions of the Act or rules made there under. \r\n31. Procedure of Sampling .– (1) Where the Deputy Controller or Assistant \r\nController, as the case may be,  takes a sample of a fertilizer for the purpose of test or \r\nanalysis, he shall intimate , in writing , on prescribed Form to the person f rom whose \r\npossession he takes  and, in the presence of such person, unless he willfully absents \r\nhimself, shall divide the sample into three portions in the sampling bottles and effectively \r\nseal and suitably mark the same and permit such person to add his own seal and mark \r\nto all or any of the portions so sealed and marked. \r\n (2)  Where the quantity of fertilizer is less than one liter or one kilo gram in a \r\nsealed container of fertilizer , the Controller  or any officer authorized by him shall take \r\nthree of the sealed containers of fertilizer after suitably marking the same and  sealing \r\nthem. \r\n (3)  The Deputy Controller or Assistant Controller, as the case may be,  or any \r\nofficer authorized by him  shall, forthwith, send the sampling bottles or the sealed \r\ncontainers of fertilizer in the following manners: \r\n(a) first portion of the sample to the Government  Fertilizer Testing Laboratory \r\nin the Punjab for test and analysis; \r\n(b) second portion of the sample to the Provincial Reference Fertilizer Testing \r\nLaboratory; and \r\n(c) third portion of the sample to the person from whom he takes it that may be \r\nutilized as may be prescribed.  \r\n (4) The sampling bottles or the sealed containers of fertilizer  shall be in sealed \r\npacket together with copies of the memorandum in prescribed Form, placed in an outer \r\ncover, by registered post or through a special messenger. \r\n (5) The packet as well as the outer cover shall be marked with a distinguishing \r\nnumber. \r\n (6) A copy of the memorandum in prescribed Form and a special impression of \r\nthe seal used to seal the packet shall be sent together with the sample. \r\n (7) On receipt of the packet, it shall be open ed by the Chief Scientist or the \r\nPrincipal Scientist, as the case may be, or an officer authorized by him who shall record \r\nthe condition of the seal on the packet. \r\n32. Government Fertilizer Testing Laboratories and analytical methodologies .– \r\n(1) The soil and water testing laboratories for research at divisional level shall serve as \r\nGovernment Fertilizer Testing Laboratories.  \r\n (2) The laboratory of the Punjab Agriculture, Food  and Drug Authority shall \r\nfunction as the Provincial Reference Fertilizer Te sting Laboratory, until so operated , the \r\nProvincial Reference Fertilizer Testing Laboratory in Raiwind, Lahore, shall function as \r\nthe Provincial Reference Fertilizer Testing Laboratory. \r\n (3) The Additional Controller (Technical) shall notify the methods of analysis of \r\nfertilizer which shall be applied by the Government Fertilizer Testing L aboratories and \r\nprivate sector’s laboratories for monitoring the quality of fertilizers.   \r\n33. Report of result of analysis.– (1) After the test or analysis ha s been completed, \r\nthe Chief Scientist or Principal Scientist of the laboratory  or an officer authorized by him \r\nshall forthwith supply to the concerned officer an analysis report of the result of the test \r\nor analysis.  \r\n (2) The report of the test or analysis shall be signed by the Chief Scientist or the \r\nPrincipal Scientist himself or an authorized officer and such report shall be conclusive \r\nproof of the particulars stated therein.  \r\n (3) The concerned officer shall deliver one copy of the report received by him to \r\nthe person from whose possession the sample was taken and send one copy to Chief \r\nScientist, Soil Fertility Research Institute, Punjab, Lahore.  \r\n34. Appeal against analysis .– (1) Any person aggrieved by report  may file appeal, \r\nagainst the analysis conducted by the Government Fertilizer Testing L aboratory, within \r\nthirty days of the delivery of report to him, before the Additional Secretary (Task Force) in \r\nthe prescribed Form.  \r\n (2) An onus to prove the analysis incorrect shall be on an aggrieved person and \r\nin case of re-analysis, the prescribed fee shall be charged.  \r\n (3) In case , the sample is declared as sub-standard by the Government \r\nFertilizer Testing Laboratory, legal action shall be initiated after reanalysis of the second \r\nportion of sample by the Provincial Reference Fertilizer Testing Laboratory whereas in \r\ncases of declaration of sample by the  Government F ertilizer Testing L aboratory as \r\nadulterated or fake, FIR shall be lodged abruptly. \r\n (4) The report of re -analysis shall be conclusive evidence of the facts stated \r\ntherein. \r\n35. Disposal of expired , fake, adulterated and sub -standard fertilizer.– (1) Any \r\nfertilizer, which is found fake or expired, shall be  recalled, buried , burnt, dumped or \r\ndisposed of in such manner as may be prescribed. \r\n (2) Any fertilizer, which is found adulterated or sub-standard, shall be disposed \r\nof in such manners as may be prescribed. \r\n36. Offences and penalties.– (1) Whoever manufactures, produces, formulates, \r\nimports, repacks, transports, distributes, sells, offers for sale, holds in stock for sale or \r\nadvertises for sale of any or all of the following category of fertilizers shall be punished: \r\n(a) in case of offence relating to a fake or unlicensed fertilizer: \r\n(i) with imprisonment for a term which may extend to four years, but not \r\nless than two years and with fine which may extend to two million \r\nrupees, but not less than one million rupees , in case of commission \r\nof the first offence; \r\n(ii) with imprisonment for a term which may extend to five years, but not \r\nless than two years and with fine which may extend to four million \r\nrupees, but not less than two million rupees, in case of commission \r\nof the second offence; and \r\n(iii) with imprisonment for a t erm which may extend to seven years, but \r\nnot less than three years  and with fine which may extend to four \r\nmillion but shall not less than two million rupees and cancellation of \r\nlicense for every subsequent offence; \r\n(b) in case of offence relating to an adulterated fertilizer: \r\n(i) with imprisonment for a term which may extend to three years, but \r\nnot less than one year and with fine which may extend to one and a \r\nhalf million rupees, but not less than half million rupees, in case of \r\ncommission of the first offence; \r\n(ii) with imprisonment for a term which may extend to six years, but not \r\nless than two years and with fine which may extend to three million \r\nrupees, but which shall not be less than one million rupees, in case \r\nof commission of the second offence; and \r\n(iii) with imprisonment for a term which may extend to six years, but not \r\nless than three years and with fine which may extend to three million \r\nbut not less than one million rupees and cancellation of license for \r\nevery subsequent offence; \r\n(c) in case of offence relating to a substandard fertilizer: \r\n(i) with fine which may extend to one million rupees, but not less than \r\nhalf million rupees in case of commission of the first offence;  \r\n(ii) with fine which may extend to two million rupees but not less than \r\none million rupees,  in case of commission of the second offence, if \r\ncommitted within three years from the first offence; and  \r\n(iii) with fine which may extend to two million  rupees but not less than \r\none million rupees and cancellation of license for every subsequent \r\noffence, if committed within three years from the first offence; \r\n(d) in case of offence relating to mislabeled fertilizer: \r\n(i) with fine which may extend to two million rupees, but not less than \r\none million rupees in case of commission of the first offence; and \r\n(ii) with fine which may extend to two million rupees but not less than \r\none million rupees and cancellation of license for every subsequent \r\noffence; and \r\n(e) in case of offence relating to misbranded fertilizer: \r\n(i) with fine which may extend to two million rupees, but not less than \r\none million rupees in case of commission of the first offence; and \r\n(ii) with fine which may extend to two million rupees but not less than \r\none million rupees and  cancellation of license for every subsequent \r\noffence. \r\n (2) Whoever manufactures or imports or distributes or sells  fertilizer in \r\ncontravention of the Act or unlawfully uses lic ense number shall be liable to punishment \r\nwith imprisonment for a term which may extend to six months  and with fine which may \r\nextend to two million rupees but not less than one million rupees or with both. \r\n (3) Whoever sells or offers for sale an expired fertilizer or fertilizer for more \r\nthan the price marked or impressed on the bag, box, pack, packet par cel, or anything \r\ncontaining the fertilizer shall be liable to punishment with imprisonment for a term which \r\nmay extend to six months  and with fine which may extend to one million  rupees but not \r\nless than half million rupees or with both. \r\n (4) Whoever stores, sells, offers for sale or runs business of sale of a fertilizer \r\nwithout a valid license of dealership shall be liable to punishment with imprisonment for a \r\nterm which may extend to six months  and with fine which may extend to five hundred \r\nthousand rupees but not less than one hundred thousand rupees or with both. \r\n (5) In case of any offenc e concerning to infringement of packing and marking, \r\nthe offender shall be liable to punishment with imprisonment for a term which may extend \r\nto six months with and a fine may be imposed  up to one million rupees but not less than \r\nhalf a million rupees or with both. \r\n (6) In case of any offence  concerning infringement of underweight , the \r\noffender shall be liable to punishment with imprisonment for a term which may extend to \r\nsix months and with fine which may extend to five hundred thousand rupees but not less \r\nthan one hundred thousand rupees or with both. \r\n (7) Whoever sells or offers f or sale a fertilizer containing a hazardous or \r\ndangerous or harmful to human health, safety, or environment , shall be liable to \r\npunishment with imprisonment for a term which may extend to six months  and with fine \r\nwhich may extend to one million rupees but not less than half million rupees or with both. \r\n (8) Any person who sells or offers for sale a fertilizer and is found guilty of \r\ndestroying, obliterating, damaging, altering, or causing to be destroyed, obliterated, \r\ndamaged, any label or sign affixed to a container or package of fertilizer, or alters any \r\nmarking or indication of the price, shall be liable to a fine not less than five hundred \r\nthousand rupees but not more than one million rupees. \r\n (9) A person who contravenes sub-section (5) of section 10 of the Act by \r\nselling or offering for sale agricultural grade gypsum that does not conform to the \r\nprescribed standards, including a minimum purity of seventy percent and a mesh size of \r\nnot less than thirty or gypsum in a granular form, shall commit an offence punishable with \r\na fine of not less than one million rupees but not exceeding two million rupees. \r\n (10) A person who violates or fails to comply with the requirements for the \r\ndisposal of fertilizer, including burial, burning, dumping, or any other means, unless such \r\ndisposal is done strictly in accordance with the prescribed procedure, shall be guilty of an \r\noffence punishable with a fine not less than five hundred thousand rupees  but not more \r\nthan one million rupees. \r\n (11) Whoever contravenes or fails to comply with any of the provisions of the \r\nAct for which no other penalty is provided, shall be punished with fine which may extend \r\nto one hundred thousand rupees but not less than fifty thousand rupees. \r\n37. Fee.– The fee  required under the Act shall be paid in such manner as may be \r\nprescribed and which shall be non-refundable. \r\n38. Delegation of powers.– The Controller may, by notification in the official Gazette, \r\ndirect that all or any of his powers under th e Act shall, in such circumstances and under \r\nsuch conditions, if any, as may be specified in the direction, be exercised by any officer \r\nor authority subordinate to him. \r\n39. Cognizance of offences .– (1) The offences under sub-sections 1(a) and 1(b) of \r\nsection 36 shall be cognizable and all other offences shall be non-cognizable.  \r\n(2) No Court shall take cognizance of a n on-cognizable offence under the  Act \r\nexcept on a complaint under the Code of Criminal Procedure 1898 (V of 1898) by any \r\nofficer authorized by the Controller.  \r\n(3) The Court of competent jurisdiction shall try the offences u nder the Act in \r\naccordance with the procedure laid down in the Code  of Criminal Procedure 1898  (V of \r\n1898). \r\n40. Obstruction to lawful authority .– (1) Anyone who deliberately obstructs, \r\nhinders, or in any manner opposes any aut hority in the execution of its  duties under the \r\nAct shall be subject to maximum imprisonment of six months and fine not less than one \r\nhundred thousand rupees. \r\n(2) For each subseque nt similar offenc e, a minimum fine of two hundred \r\nthousand rupees, along with cancellation of the licence, shall be imposed. \r\n41. Indemnity.– No suit, prosecution or other legal proceedings shall lie against any \r\nperson for anything which is done in good faith or intended to be done in good faith \r\nunder the Act and rules made thereunder. \r\n42. Rules.– The Government may, by notification in the official Gazette, make rules  \r\nfor carrying out the purposes of the Act. \r\n43. Removal of difficulties .– If any difficulty arises in giving effect to any of the \r\nprovisions of the  Act, the Government may by an order  give such directions not \r\ninconsistent with provisions of the Act as it thinks fit for removing such difficulty. \r\n44. Right to appeal.– (1) An order of Assistant Controller shall be appealable \r\nbefore the Deputy Controller. \r\n (2) An order of Deputy Controller shall be appealable before the Additional \r\nController/Director of Agriculture (Extension)/Divisional Incharge. \r\n (3) An order of the Additional  Controller, Additional Controller (Field) and \r\nAdditional Controller (Technical) shall be appealable before the Additional Secretary \r\n(Task Force). \r\n (4) An order of the Additional Secretary (Task Force)  shall be appealable \r\nbefore the Controller. \r\n45. Provisions of the Act .– The provisions of the Act shall be in addition to, and not \r\nin derogation of the provisions of any other law for the time being in force. \r\n46. Repeal and savings.– (1) The Punjab Fertilizers (Control) Order, 1973 (VII of \r\n1973) is hereby repealed. \r\n (2) Clause (j) of sub -section (2) of section 3 and entry No. 40 of the Schedule \r\nto the Punjab Essential Articles (Control) Act, 1973 (XVII of 1973) are hereby repealed. \r\n (3) Notwithstanding the repeal of the Punjab Fertilizers (Control) Order, 1973 \r\n(VII of 1973), any act, proceeding, action or notification passed, taken or issued under \r\nthe repealed Order and Act shall, so far as it is not inconsis tent with the provisions of the \r\nAct, be deemed to have been pa ssed, taken or issued under the  Act and shall continue \r\nto have force unless it is superseded by an y act, proceeding, action or notification under \r\nthe Act.  \r\n (4) An offence committed in relation to a fertilizer under the Punjab Essential \r\nArticles (Control) Act, 1973 (XVII of 1973), if being investigated, prosecuted or tried, shall \r\ncontinue to be investigated prosecuted or tried as if the Punjab Essential Articles \r\n(Control) Act, 1973 has not been repealed.",
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