Sindh Fertilizer (Control) Act, 1994 (No. XXV of 1994)

;200 Sindh Fertilizer (Control) Act, 1994 [P.L.D. ACT XXV OF 1994 ,SINDH FERTlLIZER;(CONTROL) ACT. 1994 'An:Act to.regulate the sale. distribution and use .' offertilizer andfertilizer material .·[Gazette of Sindh, Extraordinary, Part IV, 4th October; 1994] .No. ..PAS/Legis-B-19/94, dated 4-10-1994. --TheSindh Fertilizer (Control)'Bill'1994 having been passed by the Provincial Assembly of Sindh on PLD vet. XLVIlI--1996] -Sindh Statutes 201 ( - 4th August, 1994 and assented to by the Governor of Sindh on 25th September, 1994 is hereby published as an Act of the Legislature of Sindh. ;'Preamble•.:.-Whereas it is expedient to .regulate the sale, distribution' and- use of-fertilizer and 'fertilizer material, in the manner hereinafter appearing; It is hereby enacted as follows; 1. Short title and commencement.-(i) This Act may be calle-d the Sindh 'Fertilizer (Control) Act,1994. , (2) It shall come into force-at once. 2. - Definitions.--Ill this Act.vunless there is anything repugnant in-the subject or.context (i) "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 or a fertilizer any ingredient ofwhich,bas been wholly.or partly extracted. - (ii) "advertise" means to make known by publication or distribution of any advertisement circularor other notice, throughanymedia including radio or television; ,,-(iii)" "Committee" means -the Fertilizer Control Committee constituted under-this Act; ;(vi) "Government" means the Government of Sindh; (vii) "Inspector" means -an inspector appointed under this' Act; . ,.. " . . (viii) "Label" 'means the written printed or graphicimatter on or 'attached to, a fertilizer or the immediate container thereof and the outside . container or wrapper of the retail package.Jf any, of the fertilizer; (ix) "prescribed" means prescribed by rules; (x) "rules" means rules made under this Act; PW [P.L.D.202 SindhFertilizer (Control) Act, .1994 .CHAPTER-II SALE, DISTRIBUTION AND USE OF FERTILIZERS 3 ' f Prohibition of sale etc. of Fertilizer and fertilizer materiaI.-No person shaU· offer, expose for sale, hold in stock for sale, advertise or use fertilizer or fertilizer material save in accordance with this Act and rules. . 4: Labelling of packages.s-No person shall sell, offer, expose for sale, hold in stock for sale or advertise any fertilizer or fertilizer material unless each package containing fertilizer or fertilizer material, and every tag or label durably attached thereto, is marked in printed characters in such form and in such manner as may be prescribed. CHAPTER-III THE FERTILIZER CONTROL COMMITTEE 5 Appointment of Control Committee.-As soon as may be afterthe commencement of. this Act Government shall appoint a committee, to be called the Fertilizer Control Committee to advise Government on all matters arising out .of the administration of this Act and to perform any other functions assigned to it by or under this Act. . .. 6 Constitution of the Control Committee.--(l) The Committee shall consist of the Controller who shall be the Chairman and other 'members, being the Managing Director of the Sindh Agricultural Supplies Organization, who shall also act as Secretary and Director-General Agriculture (Research) and persons representing trade and industry. engaged in fartilizer business and ,fomers as may appointed by Government. (2) The names of the Chairman and the members of the Committee shall be published in the Official Gazette. (3) The non-official member of the Committee shall hold office for a . term of three years at the pleasure of Government and shall be eligible for re appointment. . (4) A non-official member of the Committee may. at any time, resign his office by writing under his hand addressed to the Controller but the seat of .such member shall not be deemed to have fallen vacant unless the resignation has been accepted by the Controller with the previous approval of Government. (5) A person appointed to fill a vacancy created by resignation, removal or death of a member, shall hold office for the residue of the term of his predecessor. (6) The functions of the Committee may be exercised notwithstanding any vacancy' in the membership thereof.. PLD ~ol. XLVIII--1996] Sindh Statutes 203 (7)' The Committee may appoint sub-committee(s) consisting of l§pecialists for the consideration of particular matters for such period, not ~exceeding three years, as it may consider necessary. (8) The Committee shall have the power to regulate, and prescribe the procedure for the conduct of its business . .' 7. Laboratory.-(l) Assoon as may be after the commencement of this ~Act. Government shall set up a Fertilizer Testing Laboratory suitably equipped ttc carry out the functions entrusted to it by or under this Act. . (2) The functions of the Laboratory and the mode of submission of 'samples for analysis or test to it shall be such as may be prescribed ... 8. Government Analyst.e-Govemment may, by notification in the official igazette, appoint such persons as deemed fit, having prescribed qualifications, to 'be Government Analysts for fertilizer or fertilizer material and, where more than ;iiiJ.e person is appointed as Government Analysts the local limits within which ~achone of them shall perform the functions of Government Analyst shall be 'specified in that notification. ,~. Inspectors.-(l) Government may, by notification in the official rGaiette, appoint such persons as it thinks fit, having the prescribed ~:qualifications for the purpose of this Act, within such local limits as may be ~specified in the notification. (2) An Inspector may, within the local limits for which he is appointed, renter upon an premises where fertilizer or fertilizer material are kept or stored ;,whether in bag or in bulk or in.any other packing or container by or on behalf of i,the owner, including premises belonging to bailee such as the railways, a f'shippiIig company or any other carrier and may take samples therefrom for :lexamination. ' (3) No compensation shall be payable for a reasonable quantity taken as i"li sample. J. 10. Samples.--(l) Where an Inspector takes a sample of a fertilizer or ffertilizer material for the purpose of test or analysis, he shall intimate such [purpose in 'writing in the prescribed form to the person from whose possession"it . l,istaken.: . (2) The Inspector shall in the presence of such person if he chooses to ib.': present 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.' . (3) The Inspector shall restore one portion of the sample so divided to (IDe person concerned send the second portion to the Government Analyst for test 'Pill 204 ' Sindh Fertilizer (Control) [P.L:or; , ' Act, 1994 or analysis to ascertain whether it is adulterated and forward the third portion't?: the Controller; 'II. Report of 'Government" Analyst.-(I) The Government Analyst-to whom a sample of any fertilizer or fertilizer material has been forwarded by 'all: Inspector-shall deliver to the Inspector, in triplicate, in the prescribed form:'~' 'signed report of the result of the test or analysis conducted by him. (2) Thetlnspector shall deliver one copy of the report to the perSon~ concerned and shall send another copy to the Controller.' ...: (3)'Any documents purporting to be a report signed by the Govemmenn Analyst or a test or analysis conducted by him shall be conclusive evidenceiof the particulars' stated therein unless the person-concerned disputes -the correctnessi ,of the test or analysis and, within thirty days of the delivery of the report to ~i~: places before the Controller evidence which in his opinion controverts the: correctness of such test' or analysis. ' "..~ '~. !~ . ,". (4) Where the' evidence' placed before' the' Controller under! subsection (3) is such as would in his opinion, justify a further investigationhei may cause a second portion of the' same sample to be analysed at another', laboratory which shall record the result of its analysis in the form of a certificate and forward the same.to the Controller. ' "" (5) Such, certificate shall be conclusive evidence of the facts stated' therein. , (6) Government may publish in such manner as it may deem fit the' 'result of the test or analysis of the fertilizer or fertilizer material made by the; 'Government Analyst or the laboratory together with such other information ,relating thereto, if any, as it may consider necessary. 12 Test on private request.--(l) Any person who has purchased a fertilizer or fertilizer material may apply to a Government Analyst to conduct a test or analysis of the .fertilizer or fertilizer material to ascertain whether it is adulterated. (2) An application under subsection (1) shall be made in such form and manner and be accompanied by such information or fee as may be prescribed. (3) The, Government Analyst, to whom' any application is made under subsection (2) shall conduct the test or analysis and issue to the applicant, under intimation to the Controller, a report of the test or analysis signed by him. CHAPTER-IV MISCELU.:·./EOUS ' 13 'Offences and penalties.--Any person who. (a) sells, offers or exposes for sale, holds in stock for sale or advertises PW Vol. XLVIII--1996] SincUl Statutes 205 fertilizer or fertilizer material which is not of the nature, substance or quality or •llff~ctiveness which it is represented to be by the mark on the package containing ,oit or,' as the case may be, on the tag or label attached thereto or otherwise is adulterated, or. . . (b) falsely represents a fertilizer or fertilizer material in ~ ·.advertisement or in any other manner which leads the consumer to believe that · such fertilizer or fertilizer material is useful and effective for the purpose it .professes to promote; or.. (c) contravenes any of the provisions of this Act or the rules for the contravention of which no other penalty is provided in this Act shall be ·punishable for the first offence, with fine which may extend to ten' thousand rupees and for every subsequent offence with fine which shall not be less than twenty thousand rupees or more than fifty thousand rupees and in default of , payment of any such fine with imprisonment for a term which any extend to two . years. " . 14. (1) Whoever gives false warranty in respect of fertilizer or fertilizer , material that it complies in all respects with the provisions of this Act and rules shall, unless he' proves that when he gave the warranty, he had good reasons to believe the same to be true, be punishable with fine which may extend to ten thousand rupees or simple' imprisonment for one month. . . 15. Hindrance in the exercise of !>Ower by Inspector.--Any person who (a) obstructs an Inspector in exercise of my p6werconferred upon him by or under this Act or disobeys the lawful authority of any Inspector; (b) unlawfully alters the composition of a fertilizer or fertilizer material liy mixing any other substance therewith after the said fertilizer or fertilizer material has been placed on the market by the vendor;, , shall be punishable with fine which shall not be less.than ten thousand rupees or more than fifty thousand rupees or with imprisonment for a term which may ·extend to two years or with both. 16. Powers of Inspector.--(l) If an Inspector has reasons to believe that an offence punishable under this Act or the rules made thereunder has been, is ;~eiilg or is about to be corrimitted at any time or place, he may enter .upon and' lsearch such place and seize any fertilizer or fertilizer material, article or thing to l:-vhich the offence relates, are found therein. (2) 'Any fertilizer or fertilizer material article or thing -seized under fsubsection( 1) shall be disposed ofin accordance with the decision of the Court ' 'before which the offender is prosecuted for a contravention of any of the provisions of this Act or the Rules, ' , PLD 206 Sindh Fertilizer (Control) [P.L.D , "Act, 1994 " • . '. ' . . 'I 17. Forfeiture' of 'property.--If any .person is convicted of an offen~1 punishable under this ACt committed by him in ,respect of any fertilizer:9i~ , fertilizer material article or thing, the' Court convicting him, may further dire<:ti that the fertilizer or fertilizer material, article or, thing shall be forfeited" l~; Government. 18. Trial by the Court.-(I) No Court iaferiorto that of a Magistrate o,fi the First Class shall try an offence punishable under this Act. (2) Notwithstanding anything contained in section 32 of the Code:of,~ Criminal Procedure; 1898, it shall be lawful for any Magistrate of the First.~ Class to pass any .sentence authorised by this Act even if such sentence exce~:'~ his power under the said section. .,!\,. 19. 'Power to try offences summarlly.s-Any Magistrate of the First Cl~ or any bench of Magistrate invested with the powers of Magistrate of the' First' 'Class empowered for the time being to try in a summary way .the offence, , '-"'~~ specified in subsection (1) of section 260 of the Code of Criminal Procedurej , . . ~ 1898, may on application in this behalf being made by the prosecution, try in accordance with· the provisions contained in sections 262 to 265 of that Cocie;j any offence punishable Under section 16 of this Act. ' 20. Indemnity.-No suit, prosecution or other legal proceedings shalriilf . . - . . -, ··1 against any person fO,r anything- which is in good faith done or intended tob~ done under this Act or the rules. . , ' ,,',(,i, ~21. ' Delegation of power.-Government may.iby Notification in the official Gazette, direct that all or any of its powers under such conditions,' if any, as may; be specified in the direction; be exercised by any officer or authority subordinate' 00 it. . ' ' .0 22: Power to make rules.-(I) Government may, in consultation with the Committee 'and after previous publication in .theofficial Gazette, make rules for carrying the provisions of this Act into effect. . . (2) In particular and without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters; namely:-- ' (a) the terms and conditions Of, sale, distribution, stockingf advertisement or quality control of fertilizer or fertilizer material; (b) the language of the bags or labels Of marking on the bags' and: packages. containing fertilizer and fertilizer material and the character .and: location of the printing to be marked on such tags, labels, containers, bags and . . . packages; , (c) the functions' of the Government Analyst and laboratory andthe' ,; -'.. PLD Vol. XLVIII--1996] . SindhStatutes 207 procedure to be followed by it .iii the performance of such functions, ;",. . including; (i) collection of samples of fertilizer or fertilizer material for test or analysis; and (ii) the form in which reports of tests or analysis shall be written; . (d) the methods of analysis' or test to b~ followed and the limits of variability to be allowed, as between the information marked on the packages as on a label attached thereto or supplied to thepurchaser when sold in bulk and the results of analysis or tests; (e) the qualifications' and duties of the Government Analysts' and Inspectors; (t)' the form in which intimation of the purpose for which'a sample is. taken by an Inspector shall be given by him to the person from Whose possession . the sample is taken, the instruments to be employed, and. the quantities' tobe '. taken by an Inspector while taking samples for analysis or test and the manner in which they should be preserved and sent to the Controller and the Government Analyst; (g) the form in which an application shall be made by the purchaser of. a . fertilizer or fertilizer material ,for test analysis- or the manner in which a purchaser may serid a fertilizer or fertilizer material for analysis or test to the Controller" the information that shall be furnished with such application and the fee that shafl accompany it; (h) the requirements for the safe storage of fertilizer' or fertilizer material.