THE PUNJAB
FERTILIZERS CONTROL ACT 2025
(Act XLIII of
2025)
C O N T E N T
S
Section Heading
1. Short
title, extent and commencement.
2. Definitions.
3. Controller,
Additional Controller, Deputy Controller and Assistant Controller.
4. Inspection
committees.
5. Registration
Committee.
6. Licensing.
7. Cancellation
of license.
8. Appeal
against cancellation of license.
9. Change
in license.
10. Restrictions
and prohibitions.
11. Licensing
of a dealer and sub-dealer.
12. Cancellation
of license of a dealer and sub-dealer.
13. Fixing
of maximum quantity which may be held or sold.
14. Notification
of prices.
15. Marking
of prices and exhibiting price lists.
16. Power
to order sale.
17. Restriction
on movement.
18. Track
and trace a fertilizer.
19. Issuance
of receipt.
20. Refusal
to sell.
21. Declaration
of godowns, storehouses or warehouses etc.
22. Maintenance
of record.
23. Packing
and labeling.
24. Security
features.
25. Powers
of the Controller.
26. Powers
of the Additional Controller (Field).
27. Powers
of the Additional Controller (Technical).
28. Powers
of the Additional Controller.
29. Powers
of the Deputy Controller.
30. Powers
of the Assistant Controller.
31. Procedure
of Sampling.
32. Government
Fertilizer Testing Laboratories and analytical methodologies.
33. Report
of result of analysis.
34. Appeal
against analysis.
35. Disposal
of expired, fake, adulterated and sub-standard fertilizer.
36. Offences and penalties.
37. Fee.
38. Delegation
of powers.
39. Cognizance
of offences.
40. Obstruction
to lawful authority.
41. Indemnity.
42. Rules.
43. Removal
of difficulties.
44. Right
to appeal.
45. Provisions
of the Act.
46. Repeal
and savings.
[1]THE PUNJAB FERTILIZERS CONTROL ACT 2025
(ACT XLIII OF 2025)
[30th May 2025]
An Act to
provide for regulation and control of fertilizer in the Punjab.
It is necessary to provide for the regulation
and control of the manufacture, supply, importation, distribution, dealership,
quality standards, pricing, licensing, advertising, transportation, storage,
sale, monitoring, and disposal of fertilizers in the Punjab, ensure
availability of quality fertilizers for agricultural purposes and the matters
ancillary thereto and connected therewith.
Be it enacted by Provincial Assembly of the
Punjab as follows:
1. Short title, extent and commencement.– (1) This Act may be
cited as the Punjab Fertilizers
Control Act 2025.
(2) It extends to whole of
the Punjab.
(3) It shall come into
force at once.
2. Definitions.– In the Act:
(a)
“Act” means the Punjab Fertilizers
Control Act 2025;
(b)
“Additional Controller” means the Additional
Controller as provided under section 3 of the Act;
(c)
“Additional Secretary (Task Force)”
means the Additional Secretary (Task Force), Government of the Punjab,
Agriculture Department;
(d)
“adulterated” denotes a fertilizer
wherein the nutritional strength of an ingredient is less than 69.9%, falling
within the range of up to 30% of the approved limit for active ingredients or
viable cells count specified in the applicable standard;
(e)
“Assistant Controller” means the
Assistant Controller as provided under section 3 of the Act;
(f)
“batch” means an identifiable
quantity of fertilizer manufactured and processed under uniform conditions in a
single lot;
(g)
“bio-fertilizer” means the product
containing carrier based, either solid or liquid, living microorganisms which
are agriculturally useful in terms of nitrogen fixation, phosphorus
solubilization or nutrients mobilization, to increase the productivity of the
soil or crop;
(h)
“bio-stimulants” mean a product that is applied to plants or
soil to enhance plant growth, development, and includes, but is not limited to,
plant growth promoters, plant growth regulators, soil microorganisms, amino
acids, humic-acids, fulvic-acids, seaweed extracts, and other naturally
occurring substances that improve plant nutrition and stress tolerance;
(i)
“brand” means the trade name
applied by a manufacturer or importer to the fertilizer;
(j)
“Controller" means the Controller
as provided under section 3 of the Act;
(k)
“crop supplements” means any material,
substance or mixture of substances, other than major fertilizer, that is
manufactured, sold, or represented for use in the improvement of the physical
condition of soils or to aid plant growth or crop yields;
(l)
“dealer” means a person or an
association of persons carrying on the business of selling any brand of
fertilizer whether on wholesale or on retail having license from the Deputy
Controller;
(m)
“Department” means Agriculture
Department of the Government;
(n)
“Deputy Controller” means the Deputy
Controller as provided under section 3 of the Act;
(o)
“distributor” means a person, or an
association of persons engaged in the distribution of a fertilizer;
(p)
“essential plant nutrient elements” include
carbon, hydrogen, oxygen, nitrogen phosphorus, potassium, sulphur,
calcium, magnesium, boron, copper, iron, manganese, zinc, molybdenum and
chlorine;
(q)
“expired” means a fertilizer of which
validity date mentioned by the manufacturer, where applicable, has passed;
(r)
“fake” means a fertilizer whose
nutritional strength is below 30% of the approved limit for active ingredient
or viable cells count given in the applicable standard or any fertilizer that
does not conform to parameter beyond chemical criteria;
(s)
“fertilizer” means any material,
organic or inorganic, or mixture used to supply one or more of the essential
plant nutrient elements; and
includes, within its scope, bio-fertilizer, bio-stimulant, crop supplement,
soil conditioner, and soil and water amendment;
(t)
“Form” means a Form as prescribed under
the Act;
(u)
“Government” means Government of the
Punjab;
(v)
“importer” means a person or an
association of persons importing into Pakistan whether under an import license
or otherwise, any brand of fertilizer from outside Pakistan and includes a
buying agent, an indenter and a manufacturer’s agent;
(w)
“major fertilizer” means solid
fertilizer material containing anyone, two, or three macronutrients such as
Nitrogen, Phosphorus and Potash;
(x)
“manufacturer” means a person, or an
association of persons engaged in manufacturing or production of fertilizer;
(y)
“marking” refers to any written
or graphic information that is printed on or attached to a fertilizer
container, bag, or other retail package, if present;
(z)
“misbranded” means an unauthorized
utilization of already notified product with approved label having certain
nomenclature that possesses the ability to differentiate one company's product
from another as per approved standards;
(aa)
“mislabeled” means a fertilizer that is
not marketed in accordance with the label as per the notified standard;
(bb)
“notified” means notified by the
Controller under the Act;
(cc)
“packing” refers to the package or
container, along with specified pack size outlined in the respective standard
for any fertilizer;
(dd)
“person” means a natural person or
legal entity and includes an individual, or association of individuals, firm,
partnership, society, group, a public or private limited company, corporation,
cooperative society or any other body corporate;
(ee)
“prescribed” means prescribed by the
rules made or framed under the Act;
(ff)
“producer” means a person engaged in
the manufacturing or production of a fertilizer;
(gg)
“PSQCA” means Pakistan Standards and
Quality Control Authority;
(hh)
“rules” means the rules made under the
Act;
(ii)
“soil conditioner” means a product applied to soil to modify its
characteristics, including but not limited to its structure, water-holding
capacity, aeration, pH balance, nutrient availability, and microbial activity;
(jj)
“special circumstances” means when supply of
fertilizer is short and demand is high in the market;
(kk)
“standard fertilizer” means any
material, organic or inorganic, or mixture used to supply one or more of the
essential plant nutrient elements whose specifications are established by PSQCA
and adapted by the Additional Controller (Technical);
(ll)
“standard operating procedure”
means the standard operating procedures under section 25 of the Act;
(mm) “standard” means specifications established by PSQCA;
(nn)
“sub-dealer” means a person, having
license from the Deputy Controller, who receives fertilizer from the dealer
with acknowledgment and sells it directly to farmers;
(oo)
“sub-standard fertilizer” means a
fertilizer whose nutritional strength falls below 95% up to 70% of the approved
limit for active ingredient or viable cells count given in the applicable
standard;
(pp)
“unlicensed fertilizer” means a
fertilizer that is not manufactured, imported, distributed, stored, sold or
offered for sale in conformity with the
prescribed license as stipulated under the Act; and
(qq)
“water
conditioner” means a product added to water to alter its
characteristics, including but not limited to its pH balance, hardness,
alkalinity and turbidity, with the intention of making the water more suitable
for irrigation.
3. Controller, Additional Controller,
Deputy Controller and Assistant Controller.– (1) The Secretary of the Department
shall be the Controller for the purposes of the Act.
(2) The Director of Agriculture
(Extension) Hqrs, Punjab shall be the Additional
Controller (Field) at provincial level for the purposes of the Act.
(3) The Chief Scientist, Soil Fertility
Research Institute, Punjab, shall be the Additional Controller (Technical) at
provincial level for the purposes of the Act.
(4) The Director of Agriculture
(Extension)/Divisional Incharge, shall be the Additional Controller at Division
level for the purposes of the Act.
(6) The Assistant Director Agriculture (Extension)/Tehsil Incharge shall
be the Assistant Controller at Tehsil level for the purposes of the Act.
4. Inspection committees.– The
Controller may, by an order, in writing, constitute one or more inspection
committees at provincial level and one inspection committee in each division to
carry out the purposes of the Act.
5. Registration
Committee.– The Controller may, by
an order, in writing, constitute registration committee at provincial level to
carry out the purposes of the Act.
6. Licensing.– (1) No person shall
manufacture, import, distribute, store, sell and offer for sale any fertilizer
without obtaining a license under the Act.
(2) An
application, on a format as may be prescribed, for grant of license as
manufacturer, importer, distributor, after fulfilling such conditions and on
payment of such fee, as may be prescribed and complete in all respects, shall
be submitted to the Additional Controller (Technical) through an online process
or by hand.
(3) The office of
Additional Controller (Technical) shall, after receipt of the application under
sub-section (2), process it in the manner as may be prescribed.
(4) If the
application is found complete in all respects, the Additional Controller
(Technical) shall forward the same to the inspection committee for inspection
of the unit or site, as the case may be, as provided in the application, in
such manner as may be prescribed.
(5) The inspection committee, after conducting inspection, shall
submit its report along with its recommendations, to the Additional Controller
(Technical) within such period as may be prescribed.
(6) An applicant aggrieved of the recommendations
of the inspection committee may, within seven days of the receipt of such
recommendations, file a representation before the Additional Controller (Field)
who may, if considers suitable, direct re-inspection of the unit or site, as
the case may be, by another inspection committee and the recommendations of
such inspection committee, after its re-inspection, shall be final.
(7) On receipt of the
report of the inspection committee, the Additional Controller (Technical),
shall forward the case to the registration committee for consideration of the
case.
(8) On the recommendations of registration
committee, the Additional Controller (Technical) shall issue the license in
favor of the applicant for a period of three years which may be renewed for
another term of three years subject to fulfilling of such terms and conditions
and on payment of such fee as may be prescribed.
(9) In case the license is refused, a
representation, within a period of ten days of such refusal, may be filed
before the Additional Secretary (Task
Force) who shall, after hearing the applicant and perusing the relevant
record, pass a speaking order which shall be final.
7. Cancellation of license.– (1) The Additional
Controller (Technical), on his own or on a report or application received by
him, finds that violation of any provision of the Act or the rules made
thereunder has been made, may issue a notice to the violator to remove the
violation within one month.
(2) If the manufacturer, importer or
distributor fails to remove the violation within the given period, the
Additional Controller (Technical) may, after affording an opportunity of being
heard, cancel the license of such manufacturer, importer or distributor.
8. Appeal
against cancellation of license.– (1) A manufacturer, importer or
distributor whose license has been cancelled under the Act, may file an appeal,
within ten days of such cancellation, to the Additional Secretary (Task Force), who shall pass appropriate
order thereupon.
(2) An appeal
against the order of the Additional
Secretary (Task Force) may be filed before the Controller who shall,
after hearing of the applicant and perusing the relevant record, pass speaking
order which shall be final.
9. Change in license.– (1) A manufacturer, importer or
distributor who intends to change the particulars given in the license, shall apply to Additional Controller
(Technical), in such manner and on payment of such fee as may be prescribed.
(2) In case the change in the license is
refused, the aggrieved may, within ten days of such refusal, file an appeal to
the Additional Secretary (Task Force) who
shall, after affording an opportunity of being heard, pass appropriate order
thereupon which shall be final.
10. Restrictions and prohibitions.– (1) No manufacturer,
importer, distributor, dealer and sub-dealer shall manufacture, import,
distribute, deal, store, supply, offer for sale or use any fertilizer which is
fake or adulterated or substandard or unlicensed, or misbranded or mislabeled or
underweight or expired or tampered or hazardous or dangerous or harmful to human health, safety or
environment.
(2) No
manufacturer, importer, distributor, dealer and sub-dealer shall dispose
of, or cause to be disposed of, any fertilizer, whether by way of burial,
burning, dumping, or otherwise, unless such disposal is in full compliance with
such procedure as may be prescribed.
(3) No manufacturer, importer, distributor,
dealer and sub-dealer shall destroy,
obliterate, damage, alter, or cause to be destroyed, obliterated, damaged any
label or sign affixed to a container or package of fertilizer or alter any
marking or indication of the price or sell on higher price or use license other
than the purpose provided in the license.
(4) No
manufacturer, importer,
distributor, dealer and sub-dealer shall
engage in the sale or offer for sale any fertilizer unless such fertilizer is
labeled and marked in such manner as may be prescribed, including but not
limited to the requirements pertaining to labeling and marking of containers or packages,
disclosure of net weight or volume, declaration of nutrient content, warning
and caution statements and conformity with other prescribed labeling and
marking requirements.
(5) No
manufacturer, importer,
distributor, dealer and sub-dealer shall
manufacture, import, distribute, deal, sale or offer for sale agricultural
grade gypsum below minimum purity of seventy percent and a mesh size of not less
than thirty and such gypsum shall not be manufactured or imported or
distributed or dealt with, sold or offered for sale in a granular form.
11. Licensing of a dealer and sub-dealer.– (1) No dealer and sub-dealer shall deal in any fertilizer without
obtaining a license as a dealer or sub-dealer, as the case may be, from Deputy
Controller of the respective District, in such manner, upon payment of such fee
and on such terms and
conditions as may be prescribed.
(2) The Deputy Controller,
after such further enquiry, if any, as he may consider necessary, is satisfied
that the requisite requirements have been complied with, may issue a license to
the applicant as a dealer or sub-dealer, as the case may be, for a period of
three years which may be renewed for a further period of three year, subject to
payment of such fee and on such terms
and conditions as may be prescribed.
(3) In case application for grant of a
license or renewal, as the case may be, is rejected, such rejection shall
contain reasons and the same shall be communicated to the applicant.
(4) The applicant, whose application is
rejected under the Act, may within ten days of communication of such rejection,
prefer an appeal as may be prescribed.
12. Cancellation of license of a dealer and sub-dealer.– (1) If a dealer or sub-dealer licensed
under the Act, is found guilty of malpractices involving adulteration or any
other activity repugnant to the provisions of the Act, the Deputy Controller
may, after affording an opportunity of being heard, by an order in writing
stating the reasons thereof, cancel the license.
(2) The
person whose license has been cancelled may file an appeal to the Additional
Controller within thirty days of the receipt of such cancellation.
(3) An appeal
against the order of the Additional
Controller may be filed before the Additional Secretary (Task Force) who
shall, after hearing of the applicant and perusing the relevant record, pass
speaking order thereupon which shall be final.
13. Fixing of maximum
quantity which may be held or sold.– The
Controller may, by an order in writing, in respect of any fertilizer as and
when required in special circumstances, fix the maximum quantity which may be
held or sold by manufacturer, importer, distributor, dealer and sub-dealer.
14. Notification of prices.– The Deputy Controller
may, by an order in writing, notify maximum price of any brand of fertilizer in
his territorial jurisdiction and no person shall sell such fertilizer at a
price higher than the notified price and such price list shall be exhibited at
a prominent place in the premises of sale point.
15. Marking of prices and exhibiting price lists.– The Controller may, in
writing, direct any importer, manufacturer, distributor, dealer and sub-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.
16. Power to order sale.– The Controller may, by an order
in writing, direct any manufacturer, importer, distributor, dealer and
sub-dealer to store, sell or offer for sale fertilizer in special
circumstances.
17. Restriction
on movement.– The
Controller may impose restrictions on movement of fertilizer within or outside
the district or province of the Punjab in special circumstances.
18. Track and trace a fertilizer.– (1)
The Department shall, for ensuring the authenticity and origin of a fertilizer,
establish a track and trace system and monitor to ensure compliance:
Provided that until the
track and trace system is established by the Department, the information shall
be shared manually in such manner and form as may be prescribed.
(2) A manufacturer,
importer, distributor, dealer and sub-dealer shall enter the details of the
fertilizer stock in the track and trace system established by the Department
and non-compliance thereto shall be treated as violation of the provisions of
the Act.
19. Issuance of receipt.– A
manufacturer, importer, distributor, dealer and sub-dealer shall issue a
receipt on each sale of fertilizer to the purchaser and such receipt, either
system generated or in a manual form, shall contain details of the sale with
full address of the purchaser.
20. Refusal to sell.– Subject to the
provisions of section 13 of the Act, no manufacturer, importer, dealer and
sub-dealer shall, with previous authorization of the Controller, refuse to sell
to any person any fertilizer.
21. Declaration
of godowns, storehouses or warehouses etc.– (1) Every manufacturer, importer, distributor, dealer and
sub-dealer holding stock of fertilizer shall, after the commencement of the
Act, submit to the Deputy Controller a declaration of the place where such
stock of fertilizer is kept or stored.
(2) When any
such importer, manufacturer, distributor, dealer and sub-dealer or other person
as aforesaid, desires to change the place of stock of fertilizer after he had
made declaration under sub-section (1), shall bring to the notice of the Deputy
Controller his intention to change the place at least one month before or after
such change.
22. Maintenance of record.– Every
manufacturer, importer, distributor, dealer and sub-dealer shall maintain and
furnish record of all sale and purchase of fertilizer in such form as may be
prescribed.
23. Packing and labeling.– (1) The package or
container of fertilizer shall be such as is suitable for its storage and
transportation and shall be of such material which does not adulterate or
deteriorate the fertilizer.
(2) No person shall sell or
offer for sale or hold in stock for sale any fertilizer unless it is labeled as
under:
(a) Brand name: |
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(b) Category: |
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(c) PS / Reference
No. |
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(d) License No. |
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(e) Composition: |
Nutrients (%) |
W/W (for solid) |
W/V (for Liquid) |
Nutrients (%) |
W/W (for solid) |
W/V (for Liquid) |
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(i) (ii) |
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(iii) (iv) |
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(f) Net weight: |
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(g) Name &
address of manufacturer or importer: |
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(h) Name &
Address of distributor: |
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(i) Batch No. with
date: (as prescribed) |
24. Security features.– (1) Quick response code and human readable alphanumeric code shall be affixed
on bag or container to help trace the origin of the fertilizer and provide
contact information of manufacturer or importer or distributor.
(2) Covert security feature shall be affixed on bag or container as a hidden feature that
requires an electronic handheld device for verification, aiding field
inspectors in detecting counterfeit products.
25. Powers of the Controller.– The Controller shall have
powers to:
(a)
overall monitor and
enforce the standards, mechanisms, methodologies of production and test
regarding fertilizer for the purposes of the Act;
(b)
monitor the
availability, pricing, quality and licensing of fertilizer;
(c)
take appropriate
measures to ensure supply, quality and fair pricing of fertilizer;
(d)
hear appeals against
orders passed by the Additional Secretary (Task Force);
(e)
exercise the powers of
Additional Controller, Additional Controller (Field), Additional Controller
(Technical), Deputy Controller and Assistant Controller under the Act; and
(f)
issue guidelines or
standard operating procedures for the purposes of the Act subject to the
provisions of the Act, rules made thereunder.
26. Powers of the Additional Controller (Field).– The Additional Controller (Field) shall have powers
to:
(a)
require the requisite information from a fertilizer
manufacturer, importer or distributor under the Act;
(b)
draw sample of fertilizer throughout the province as
and when required;
(c)
hear appeals against orders passed by the Director of Agriculture
(Extension)/Divisional Incharge;
(d)
hear appeal against recommendations of inspection
committee as prescribed;
(e)
exercise all powers of Deputy Controller and Assistant
Controller; and
(f)
perform such other duties as may be assigned by the
Controller.
27. Powers of the Additional
Controller (Technical).– The Additional Controller (Technical) shall have
powers to:
(a)
grant, renew, cancel or withdraw license of fertilizer
under the Act;
(b)
monitor the manufacturing unit for production, quality
assurance and warehouse as and when required;
(c)
monitor the Government Fertilizer Testing Laboratories
as and when required for transparency and traceability of test result;
(d)
extend expert opinion regarding production and
analysis methodologies;
(e)
obtain retesting of fertilizer sample as and when
required for verification of test results of the laboratories;
(f)
conduct field trials of new products as and when
required for evaluation purposes;
(g)
exercise all powers of Deputy Controller; and
(h)
perform such other duties as may be assigned by the
Controller.
28. Powers of the Additional Controller.– The Additional
Controller shall have powers to:
(a)
require information from a fertilizer manufacturer,
importer, distributor, dealer and sub-dealer under the Act;
(b)
draw sample of fertilizer throughout the division as
and when required;
(c)
hear appeal against the order passed by the Deputy
Controller and Assistant Controller;
(d)
exercise all powers of Deputy Controller; and
(e)
perform such other duties as may be assigned by the
Controller.
29. Powers of the Deputy Controller.– (1) The Deputy Controller shall have powers to:
(a)
issue license to fertilizer dealers and sub-dealers in
the respective District;
(b)
notify maximum price of fertilizer in the respective
district;
(c)
inspect fertilizer unit, warehouse, and other related
infrastructure; and
(d)
perform such other duties as may be assigned by the
Controller.
(2) In
addition to the above, the Deputy Controller may exercise the powers of an
Assistant Controller for carrying out the purposes of the Act.
30. Powers of the Assistant
Controller.– The Assistant Controller shall have powers to:
(a)
require 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 shall provide the copy and get receiving for the concrete evidence;
(c)
enter, search and seal
any premises, seal or seize any unlicensed or misbranded fertilizer, material,
articles, record, or equipment to which the offence relates or found in such
premises;
(d)
dispose of any
fertilizer, material, article, or thing seized, under clause (c) or under the
Act or rules made thereunder;
(e)
apply for police
assistance in case of any hindrance and the police officer to whom he applies
shall provide such assistance as may be necessary for the purpose of sealing or
seizing in prescribed form or taking into possession any fertilizer, sample of fertilizer,
material, articles, record, or thing;
(f)
take sample of
fertilizer as per procedure given under the Act;
(g)
initiate legal action
against a manufacturer, importer, distributor, dealer, sub-dealer, or any other
individual based on the test results of a fertilizer sample received from the
Government Fertilizer Testing Laboratory under the Act; and
(h)
exercise such other
powers as may be necessary for carrying into effect the provisions of the Act
or rules made there under.
31. Procedure of Sampling.–
(1) Where the Deputy Controller or Assistant Controller, as the case may be,
takes a sample of a fertilizer for the purpose of test or analysis, he shall
intimate, in writing, on prescribed Form to the person from whose possession he
takes and, in the presence of such person, unless he willfully absents himself,
shall divide the sample into three portions in the sampling bottles 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.
(2) Where the quantity of fertilizer is less
than one liter or one kilo gram in a sealed container of fertilizer, the
Controller or any officer authorized by him shall take three of the sealed
containers of fertilizer after suitably marking the same and sealing them.
(3) The Deputy Controller or Assistant Controller, as the case may be, or any officer
authorized by him shall, forthwith, send the sampling bottles or the sealed
containers of fertilizer in the following manners:
(a)
first portion of the sample to the Government Fertilizer Testing
Laboratory in the Punjab for test and analysis;
(b)
second portion of the sample to the Provincial Reference Fertilizer
Testing Laboratory; and
(c)
third portion of the sample to the person from whom he takes it that may
be utilized as may be prescribed.
(4) The sampling bottles or the sealed containers of fertilizer shall be in sealed
packet together with copies of the memorandum in prescribed Form, placed in an
outer cover, by registered post or through a special messenger.
(5) The packet as well as
the outer cover shall be marked with a distinguishing number.
(6) A copy
of the memorandum in prescribed Form and a special impression of the seal used
to seal the packet shall be sent together with the sample.
(7) On
receipt of the packet, it shall be opened by the Chief Scientist or the
Principal Scientist, as the case may be, or an officer
authorized by him who shall record the condition of the seal on the packet.
32. Government Fertilizer Testing Laboratories and analytical methodologies.– (1) The soil and water testing laboratories for research at divisional level
shall serve as Government Fertilizer Testing Laboratories.
(2) The laboratory of the Punjab Agriculture,
Food and Drug Authority shall function as the Provincial Reference Fertilizer
Testing Laboratory, until so operated, the Provincial Reference Fertilizer
Testing Laboratory in Raiwind, Lahore, shall function as the Provincial
Reference Fertilizer Testing Laboratory.
(3) The
Additional Controller (Technical) shall notify the methods of analysis of
fertilizer which shall be applied by the Government Fertilizer Testing
Laboratories and private sector’s laboratories for monitoring the quality of
fertilizers.
33. Report of result of analysis.– (1) After the test or analysis has been completed, the
Chief Scientist or Principal Scientist of the laboratory or an officer
authorized by him shall forthwith supply to the concerned officer an analysis
report of the result of the test or analysis.
(2) The report of the test
or analysis shall be signed by the Chief Scientist or the Principal Scientist
himself or an authorized officer and such report shall be conclusive proof of
the particulars stated therein.
(3) The concerned officer
shall deliver one copy of the report received by him to the person from whose
possession the sample was taken and send one copy to Chief Scientist, Soil
Fertility Research Institute, Punjab, Lahore.
34. Appeal
against analysis.– (1) Any person aggrieved by
report may file appeal, against the analysis conducted by the Government
Fertilizer Testing Laboratory, within thirty days of the delivery of report to
him, before the Additional Secretary (Task Force) in the prescribed Form.
(2) An onus to
prove the analysis incorrect shall be on an aggrieved person and in case of
re-analysis, the prescribed fee shall be charged.
(3) In case,
the sample is declared as sub-standard by the Government Fertilizer Testing
Laboratory, legal action shall be initiated after reanalysis of the second
portion of sample by the Provincial Reference Fertilizer Testing Laboratory
whereas in cases of declaration of sample by the Government Fertilizer Testing
Laboratory as adulterated or fake, FIR shall be lodged abruptly.
(4) The report of re-analysis shall be conclusive
evidence of the facts stated therein.
35. Disposal of expired, fake, adulterated
and sub-standard fertilizer.– (1) Any fertilizer,
which is found fake or expired, shall be recalled, buried, burnt, dumped or disposed of in such manner as
may be prescribed.
(2) Any fertilizer, which is found adulterated or sub-standard, shall be disposed of in such manners as may be
prescribed.
36. Offences and penalties.– (1) Whoever manufactures,
produces, formulates, imports, repacks, transports, distributes, sells, offers
for sale, holds in stock for sale or advertises for sale of any or all of the
following category of fertilizers shall be punished:
(a)
in case of offence
relating to a fake or unlicensed
fertilizer:
(i)
with imprisonment for a
term which may extend to four years,
but not less than two years and
with fine which may extend to two million rupees, but not less than one million
rupees, in case of commission of the first offence;
(ii)
with imprisonment for a
term which may extend to five years,
but not less than two years and
with fine which may extend to four million rupees, but not less than two
million rupees, in case of commission of the second offence; and
(iii)
with imprisonment for a
term which may extend to seven years,
but not less than three years
and with fine which may extend to four million but shall not less than two
million rupees and cancellation of license for every subsequent offence;
(b)
in case of offence
relating to an adulterated
fertilizer:
(i) with imprisonment for a term which may
extend to three years, but not
less than one year and with fine
which may extend to one and a half million rupees, but not less than half
million rupees, in case of commission of the first offence;
(ii) with imprisonment for a term which may
extend to six years, but not
less than two years and with
fine which may extend to three million rupees, but which shall not be less than
one million rupees, in case of commission of the second offence; and
(iii) with imprisonment for a term which may
extend to six years, but not
less than three years and with
fine which may extend to three million but not less than one million rupees and
cancellation of license for every subsequent offence;
(c) in case of offence relating to a substandard fertilizer:
(i) with fine which may extend to one
million rupees, but not less than half million rupees in case of commission of
the first offence;
(ii) with fine which may extend to two
million rupees but not less than one million rupees, in case of commission of
the second offence, if committed within three years from the first offence; and
(iii) with fine which may extend to two million
rupees but not less than one million rupees and cancellation of license for
every subsequent offence, if committed within three years from the first
offence;
(d) in case of offence relating to mislabeled fertilizer:
(i) with fine which may extend to two
million rupees, but not less than one million rupees in case of commission of
the first offence; and
(ii) with fine which may extend to two
million rupees but not less than one million rupees and cancellation of license
for every subsequent offence; and
(e) in case of offence relating to misbranded fertilizer:
(i) with fine which may extend to two
million rupees, but not less than one million rupees in case of commission of
the first offence; and
(ii) with fine which may extend to two
million rupees but not less than one million rupees and cancellation of license
for every subsequent offence.
(2) Whoever manufactures or
imports or distributes or sells fertilizer in contravention of the Act or
unlawfully uses license number shall be liable to punishment with imprisonment
for a term which may extend to six months and with fine which may extend to two
million rupees but not less than one million rupees or with both.
(3) Whoever sells or offers
for sale an expired fertilizer or fertilizer for more than the price marked or
impressed on the bag, box, pack, packet parcel, or anything containing the
fertilizer shall be liable to punishment with imprisonment for a term which may
extend to six months and with fine which may extend to one million rupees but
not less than half million rupees or with both.
(4) Whoever stores, sells,
offers for sale or runs business of sale of a fertilizer without a valid
license of dealership shall be liable to punishment with imprisonment for a
term which may extend to six months and with fine which may extend to five
hundred thousand rupees but not less than one hundred thousand rupees or with
both.
(5) In case of any offence
concerning to infringement of packing and marking, the offender shall be liable
to punishment with imprisonment for a term which may extend to six months with
and a fine may be imposed up to one million rupees but not less than half a
million rupees or with both.
(6) In case
of any offence concerning infringement of underweight, the offender shall be
liable to punishment with imprisonment for a term which may extend to six
months and with fine which may extend to five hundred thousand rupees
but not less than one hundred thousand rupees or with both.
(7) Whoever sells or offers
for sale a fertilizer containing a hazardous or dangerous or harmful to human health, safety, or
environment, shall be liable to punishment with imprisonment for a term
which may extend to six months and with fine which may extend to one million
rupees but not less than half million rupees or with both.
(8) Any person who sells or offers for sale a
fertilizer and is found guilty of destroying, obliterating, damaging, altering,
or causing to be destroyed, obliterated, damaged, any label or sign affixed to
a container or package of fertilizer, or alters any marking or indication of
the price, shall be liable to a fine not less than five hundred thousand rupees but not more than one million rupees.
(9) A person who contravenes sub-section (5) of
section 10 of the Act by selling or offering for sale agricultural grade gypsum
that does not conform to the prescribed standards, including a minimum purity
of seventy percent and a mesh size of not less than thirty or gypsum in a
granular form, shall commit an offence punishable with a fine of not less than one million rupees but not exceeding two million rupees.
(10) A person who violates or fails to comply with
the requirements for the disposal of fertilizer, including burial, burning,
dumping, or any other means, unless such disposal is done strictly in
accordance with the prescribed procedure, shall be guilty of an offence
punishable with a fine not less than five
hundred thousand rupees but not more than one million rupees.
(11) Whoever contravenes or
fails to comply with any of the provisions of the Act for which no other
penalty is provided, shall be punished with fine which may extend to one
hundred thousand rupees but not less than fifty thousand rupees.
37. Fee.– The fee required under
the Act shall be paid in such manner as may be prescribed and which shall be
non-refundable.
38. Delegation of powers.– The Controller may, by notification in the official
Gazette, direct that all or any of his powers under the Act shall, in such
circumstances and under such conditions, if any, as may be specified in the
direction, be exercised by any officer or authority subordinate to him.
39. Cognizance of offences.– (1) The offences under sub-sections 1(a) and 1(b) of section 36 shall be
cognizable and all other offences shall be non-cognizable.
(2) No Court shall take
cognizance of a non-cognizable offence under the Act except on a complaint
under the Code of Criminal Procedure 1898 (V of 1898) by any officer authorized
by the Controller.
(3) The Court of competent
jurisdiction shall try the offences under the Act in accordance with the
procedure laid down in the Code of Criminal Procedure 1898 (V of 1898).
40. Obstruction to lawful authority.– (1) Anyone who
deliberately obstructs, hinders, or in any manner opposes any authority in the
execution of its duties under the Act shall be subject to maximum imprisonment
of six months and fine not less than one hundred thousand rupees.
(2) For each subsequent similar offence, a
minimum fine of two hundred thousand rupees, along with cancellation of the
licence, shall be imposed.
41. Indemnity.– No suit, prosecution or other legal proceedings shall
lie against any person for anything which is done in good faith or intended to
be done in good faith under the Act and rules made thereunder.
42. Rules.– The Government may, by
notification in the official Gazette, make rules for carrying out the purposes
of the Act.
43. Removal of difficulties.– If any difficulty arises in giving effect to any of the provisions
of the Act, the Government may by an order give such directions not
inconsistent with provisions of the Act as it thinks fit for removing such
difficulty.
44. Right to appeal.– (1) An order of Assistant Controller
shall be appealable before the Deputy Controller.
(2) An order of Deputy Controller shall be
appealable before the Additional Controller/Director of Agriculture
(Extension)/Divisional Incharge.
(3) An order of the Additional Controller,
Additional Controller (Field) and Additional Controller (Technical) shall be
appealable before the Additional Secretary (Task Force).
(4) An order of the Additional Secretary
(Task Force) shall be appealable before the Controller.
45. Provisions of the Act.- The provisions of the
Act shall be in addition to, and not in derogation of the provisions of any
other law for the time being in force.
46. Repeal and savings.– (1) The Punjab Fertilizers
(Control) Order, 1973 (VII of 1973) is hereby repealed.
(2) Clause (j) of
sub-section (2) of section 3 and entry No. 40 of the Schedule to the Punjab
Essential Articles (Control) Act, 1973 (XVII of 1973) are hereby repealed.
(3) Notwithstanding the
repeal of the Punjab Fertilizers (Control) Order, 1973 (VII of 1973), any act,
proceeding, action or notification passed, taken or issued under the repealed
Order and Act shall, so far as it is not inconsistent with the provisions of the
Act, be deemed to have been passed, taken or issued under the Act and shall
continue to have force unless it is superseded by any act, proceeding, action
or notification under the Act.
(4) An offence committed in
relation to a fertilizer under the Punjab Essential Articles (Control) Act,
1973 (XVII of 1973), if being investigated, prosecuted or tried, shall continue
to be investigated prosecuted or tried as if the Punjab Essential Articles
(Control) Act, 1973 has not been repealed.
[1]This Act was passed by Provincial Assembly
of the Punjab on 21 May 2025; assented to by the Governor of the Punjab on 29
May 2025; and was published in the Punjab Gazette (Extraordinary), dated 30 May
2025, pages 4791-4803.