LexThe Telangana Bio-fertilisers (Monitoring and Quality Control) Act, 2006.
Telangana · state statute
Open in Lexace · Ask the AI about this actTHE TELANGANA BIO-FERTILISERS (MONITORING AND
QUALITY CONTROL) ACT, 2006.
(ACT NO. 6 OF 2006)
ARRANGEMENT OF SECTIONS
Sections
CHAPTER - I
PRELIMINARY
1. Short title, extent and commencement.
2. Definitions.
CHAPTER - II
PRICE CONTROL
3. Fixation of prices of Bio-fertilisers.
4. Display of Stock Position and Price List.
5. Issue of cash or credit memorandum.
6. Control on distribution of Bio-fertilisers by
manufacturers.
CHAPTER - III
REGISTRATION OF MANUFACTURERS / DEALERS
7. Dealers to be registered.
8. Application for Registration.
9. Grant or refusal of Certificate of Registration.
10. Period of validity of Certificate of Registration.
11. Renewal of Certificate of Registration.
2 [Act No. 6 of 2006]
CHAPTER - IV
RESTRICTION ON MANUFACTURE, SALE ETC OF
BIO-FERTILISERS
12. Restriction on manufacture, sale and distribution of Bio-
fertilisers.
13. Manufacturers to comply with certain requirements for
Laboratory facility.
14. Bulk sale of Bio-fertilisers.
15. Disposal of non-standard Bio-fertilisers.
16. Manufacturers to appoint officers responsible for
compliance of the Act.
17. Restriction of sale/use of Bio-fertilisers.
CHAPTER - V
ENFORCEMENT AUTHORITIES
18. Appointment of Controller and Registering Authority.
19. Appointment of Inspectors.
20. Qualification for appointment of Inspectors.
21. Powers of Inspectors.
CHAPTER - VI
ANALYSIS OF SAMPLES
22. Analysis of samples.
23. Qualification for appointment of Bio-fertiliser Analyst in
the Bio-fertiliser Control Laboratories.
24. Time limit for analysis and communication of results.
CHAPTER - VII
MISCELLANEOUS
25. Suspension / cancellation of Registration Certificate.
[Act No. 6 of 2006] 3
26. Appeal.
27. Grant of duplicate copies of Certificate of Registration
etc.
28. Amendment of Certificate of Registration.
29. Maintenance of Records and submission of returns etc.
30. Fees.
31. Offences and penalities.
32. Protection of action taken in good faith.
33. Power to remove difficulties.
34. Power to make rules.
35. Repeal of Ordinance.
Schedule - I.
Schedule - II.
THE TELANGANA BIO-FERTILISERS (MONITORING AND
QUALITY CONTROL) ACT, 2006.1
ACT No.6 OF 2006.
CHAPTER - I
PRELIMINARY
1. (1) This Act may be called the 2Telangana Bio-fertilisers
(Monitoring and Quality Control) Act, 2006.
(2) It extends to the whole of the State of 2Telangana.
(3) It shall be deemed to have come into force with
effect on and from the 21st November, 2005.
2. In this Act, unless the context otherwise requires,-
(1) ‘Bio-fertiliser’ means a inert material containing
microbial inoculants (living organism) as specified in
Schedule I;
(2) ‘Certificate of Source’ means a certificate issued by
the Government or as the case may be, the Manufacturer to
the Dealer indicating the source from Bio -fertiliser for
purpose of sale is obtained;
(3) ‘Controller’ means the person appointed as
Controller of Bio -fertiliser by the Government and includes
1. The Andhra Pradesh Bio -fertilisers (Monitoring and Quality Control)
Act, 2006 received the assent of the Governor on the 30 th December,
2005. The said Act in force in the combined State, as on 02.06.2014, has
been adapted to the State of Telangana, under section 101 of the
Andhra Pradesh Reorganisation Act, 2014 (Central Act 6 of 2014) vide.
the Telangana Adaptation of Laws Order, 2016, issued in G.O.Ms.No.45,
Law (F) Department, dated 01.06.2016.
2. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
Short title, extent
and
commencement.
Definitions.
2 [Act No.6 of 2006]
any other person empowered by the Government to
exercise or perform all or any of the functions as may be
prescribed;
(4) ‘Dealer’ means a person carrying on the business
of selling Bio -fertilisers and includes a manufacturer and an
agent carrying on such business;
(5) ‘Government’ means the State Government;
(6) ‘Grade’ means the living organism contents in
Bio-fertiliser expressed in number of c ells / gram of carrier
material / milliliter of liquid Bio-fertiliser;
(7) ‘Inspector’ means an Inspector appointed under
section 19 of the Act;
(8) ‘Label’ means any written, printed or graphic matter
on the package and any other covering in which the
package is placed or packed and includes any written,
printed, or graphic matter accompanying the Bio-fertiliser;
(9) ‘Manufacturer’ means a person who produces
Bio-fertilisers and expression manufacturer with its
grammatical variations shall be construed accordingly;
(10) ‘Non-standard Bio-fertiliser’ means,-
(i) if its label contains any statement, design or
graphic statement/representation thereto which is false or
misleading in any material particular, or if its package is
otherwise deceptive in respect of its contents; or
(ii) if it is an imitation of, or is s old under the name of
another Bio-fertiliser; or
[Act No.6 of 2006] 3
(iii) if any word, statement or other information
required by or under this Act to appear on the label is not
displayed thereon in such conspicuous manner as the other
words, statements or graphic matter have been displayed
on the label and in such terms as to render it likely to be
read and understood by any ordinary individual under
customary conditions of purchase and use; or
(iv) if it is not packed and labelled as required by or
under this Act; or
(v) if it is not registered in the manner required by or
under this Act; or
(vi) if the label contains any reference to registration
other than the registration number; or
(vii) if the bio -fertiliser is not in conformity with the
prescribed standa rds as specified in section 2 (16) of this
Act and packed with any substance which is not included in
the registration;
(11) ‘Notification’ means a notification published in the
3Telangana Gazette and the word ‘notified’ shall be
construed accordingly;
(12) ‘Offer for sale’ includes a reference to intimation by
a person and a person who proposed for sale, exhibit the
price list, indicating the prices of Bio-fertiliser;
(13) ‘Package’ means a box, bottle, casket, tin, barrel,
case, receptacle, sack, ba g wrapper or other thing in which
a bio-fertiliser is placed or packed;
3. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
4 [Act No.6 of 2006]
(14) ‘premises’ means any land, shop, sta ll or place
where any bio-fertiliser is manufactured or stored or sold or
used and includes any vehicle carrying bio-fertilisers;
(15) ‘prescribed’ means prescribed by rules made
under this Act;
(16) ‘Prescribed standard’ means prescribed under this
Act;
(17) ‘Registering Authority ’ means a registering
authority appointed under section 18;
(18) ‘Schedule’ means the Schedule appended to this
Act;
(19) ‘State’ means the State of 4Telangana.
CHAPTER - II
PRICE CONTROL
3. (1) The Government may by notification regulate
equitable distribution and also the rates of Bio-fertilisers in
the manner as may be prescribed.
(2) The Government may having regard to the local
conditions of any area, the period of storage of Bio -
fertilisers, and other relevant circumstances, fix different
prices or rates for Bio -fertilisers ha ving different periods of
storage or for different classes of consumers.
(3) No dealer or manufacturer shall sell or offer for sale
any bio-fertiliser at a price exceeding the maximum price or
rate fixed under this Act or printed on the container.
4. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
Fixation of prices
of Bio-fertilisers.
[Act No.6 of 2006] 5
4. Every dealer, who makes or offers to make a sale of
any place of business,-
(i) t he quantities of opening stock of different
Bio-fertilisers held by him on each day;
Explanation: The actual stocks at any point of time
during the day may be different from that of the displayed
opening stock to the extent of sale and receipt of such
Bio-fertilisers up to the time of inspection during the day;
(ii) a list of prices or rates of suc h Bio -fertilisers fixed
under section 3 or the Maximum Retail Price printed on the
container by the manufacturer.
5. Every dealer shall issue a cash or credit memorandum
to a purchaser of bio-fertiliser in the manner prescribed.
6. The Government may by notification direct any
manufacturer, to secure equitable distribution and
availability of bio -fertiliser to the farmers in time, to sell the
bio-fertilisers produced by any person in such quantities in
such areas of the State and within such periods as may be
specified in the notification.
CHAPTER - III
REGISTRATION OF MANUFACTURERS / DEALERS
7. No person including manufacturer / dealer shall offer
for sale or carry on business for selling Bio -fertilisers at any
place except under and in accordance with terms and
conditions of its certificate of registration granted to any
person as prescribed under section 8 of this Act:
Provided that the Government may if it considers
necessary or expedient by notifica tion exempt from the
provisions of this section any person selling Bio -fertilisers to
Issue of cash or
credit
memorandum.
Control on
distribution of Bio-
fertilisers by
manufacturers.
Display of Stock
Position and Price
List.
Dealers to be
registered.
6 [Act No.6 of 2006]
the farmers in such areas and subject to such conditions as
may be specified in that notification.
8. (1) Every person desiring to obtain a Certificate of
Registration un der this Act for manufacturing B io-fertilisers
by a manufacturer shall make an application for registration
to the Registering Authority or the Controller in the manner
prescribed.
(2) Every person desiring to obtai n a Certificate of
Registration under this Act for selling Bio -fertilisers by a
Dealer shall make an application for re gistration to the
Registering Au thority together with the fee in the manner
prescribed:
Provided that where the applicant is a Governme nt or a
manufacturer, it shall not be necessary to enclose a
certificate of source along with the application:
Provided further that where Bio -fertiliser, are obtained
for sale from different sources, a certificate of source from
each such source shall b e furnished in the manner
prescribed:
Provided also that a dealer, except a manufacturer
shall not issue a certificate of source to authorize another
dealer for dealing in Bio-fertiliser.
9. The Registering Authority or as the case may be the
Controller shall grant a Certificate of Registration, within 30
(thirty) days of the receipt of the application to any person in
the manner prescribed:
Provided that no Certificate of Registration shall be
granted to a person,-
Application for
Registration.
Grant or refusal of
Certificate of
Registration.
[Act No.6 of 2006] 7
(i) if his previous Certificate of Registration is under
suspension; or
(ii) if his previous Certificate of Registration has been
cancelled within a period of one year immediately preceding
the date of making the application; or
(iii) if he has been convicted of any offence under this
Act or any order made thereunder within three years
immediately preceding the date of making the application;
or
(iv) if he fails to enclose with the application, a
certificate of source; or
(v) if the application is incomplete in any respect.
10. Every Certificate of Registrati on granted under section
9 or as the case may be renewed under section 11 unless
suspended or cancelled shall be valid for a maximum period
of 3 (three) years from the date of issue.
11. (1) Every holder of a Certificate of R egistration desiring
to renew the Certificate of R egistration granted under
section 9 shall, before the date of expiry of such certificate
of registration make an application for renewal to the
Registering Authority or as the case may be, to the
Controller as may be prescribed in duplicate, together with
the fee prescribed under section 30 of the Act for such
renewal and a certificate of source as required under section
8 of the Act.
(2) On receipt of such application together with such
fee and certificate of source, the Registering Authority, or as
the case may be, the Controller may renew the Certific ate of
Registration as may be prescribed:
Period of validity
of Certificate of
Registration.
Renewal of
Certificate of
Registration.
8 [Act No.6 of 2006]
Provided that a Certificate of R egistration shall not be
renewed if the holder of the Certificate of Registration did
not se ll any B io-fertiliser during the period of one year
immediately preceding the date of expiry of the period of
validity of the Certificate of Registration sought to be
renewed.
(3) If any application for renewal is not made before the
expiry of the period of validity of the C ertificate o f
Registration but is made with in one month from the date of
such expiry, the Certificate of Registration may be renewed
on payment of such additional fee as may be prescribed by
the Government, or as the case may be the Controller, in
addition to the fee for renewal of the certificate of
registration.
(4) Where the application for renewal is made within
the time specified in sub section (1) or sub section (3) the
applicant shall be deemed to have held a valid C ertificate of
Registration, until such date as the Registering Authority or
as the case may be the Controller passes orders on the
application for renewal.
(5) If a n application for renewal of a C ertificate o f
Registration is not made with in one month from the date of
expiry of the per iod of validity of the Certificate of
Registration, the Certificate of R egistration shall be deemed
to have lapsed on the date on which its validity expired and
any business carried on or after that date shall be deemed
to have been carried on in contraven tion of section 7 of the
Act.
[Act No.6 of 2006] 9
CHAPTER - IV
RESTRICTION ON MANUFACTURE, SALE ETC OF
BIO-FERTILISERS
12. (1) No person shall himself or by any other person on
his behalf,-
(i) manufacture for sale, sell, offer for sale, stock or
exhibit for sale or distribute any Bio -fertiliser which is not of
prescribed standard;
(ii) manufacture for sale, sell, offer for sale, stock or
exhibit for sale, or distribute any Bio -fertiliser, which is not of
prescribed standard and which does not conform to the
particulars specified in the certificate of manufacture granted
to him under this Act in respect of Bio-fertilisers;
(iii) sell, offer for sale, stock or exhibit for sale or
distribute,-
(a) any Bio -fertiliser, t he c ontainer whereof is not
packed and marketed in the manner laid down in this Act;
(b) any Bio -fertiliser which is an imitation or
substitute for another Bio -fertiliser under the name of which
it is sold;
(c) any Bio-Fertiliser which is adulterated.
Explanation: A Bi o-fertiliser shall be deemed to be
adulterated, if it contains any substance addition of which is
likely to eliminate or decrease the living organisms or make
the fertiliser not conforming to the prescribed standard;
(d) any Bio-fertiliser, the label or container whereof
bears the name of any individual, firm or company
Restriction on
manufacture, sale
and distribution of
Bio-fertilisers.
10 [Act No.6 of 2006]
purporting to be manufacturer of the Bio -fertiliser, which
individual, firm or company is fictitious or does not exist;
(e) any Bio-fertiliser, the la bel or container whereof
or any thing accompanying therewith bears any statement
which makes a false claim for the Bio -fertiliser or which is
false or misleading in any material particular;
(f) any substance purported to be a Bi o-fertiliser
which substance is not, infact, a Bio-fertiliser; or
(g) any bio -fertiliser, which is not properly labelled
by exhibiting the minimum guaranteed count of living
organisms.
(2) Any manufacture r who intends to manufacture for
sale / offer for sale / stock, or exhibit for sale or distribute
any bio -fertiliser other than t hose specified in the
Scheduled-I shall make an application to the prescribed
authority and the same shall be scrutinised by the Technical
Committee appointed for this purpose by the Government
and he recommended to the Government for final orders by
notification by the Government in the manner prescribed.
13. Every manufacturer shall in order to ensure the quality
of their product possess minimum lab facility as may be
specified from time to time by the Controller.
14. Notwithstanding anything contained in this Act,-
(i) a dealer shall not retain any container of any variety
of Bio-fertiliser in an open and unsealed condition for the
purpose of sale;
Manufacturers to
comply with
certain
requirements for
Laboratory facility.
Bulk sale of
Bio-fertilisers.
[Act No.6 of 2006] 11
(ii) the Government may by notification authorize a
manufacturer to sell any Bio -Fertiliser manufactured by him
in bulk also direct to the farmers for such period as may b e
specified in that notification:
Provided that a certificate indicating the minimum
guaranteed living cells be issued by the manufacturer to
each farmer at the time of such sale.
15. (1) Notwithstanding anything contained in this Act, no
person shall sell or offer for sale, stock, exhibit for sale or
distribute, any Bio-fertiliser which does not conform to the
prescribed standards unless the B io-fertiliser is reprocessed
by the manufacturer u nder the supervisio n of enforcing
authorities, in the manner prescribed.
16. Every manufacturing organization shall, in consultation
with the Government, appoint an officer in that organisation
who shall be responsible for compliance with the provisions
of this Act.
17. No perso n shall, except with prior permission of the
Government, and subject to such terms and conditions as
may be imposed by the Government, sell or use Bio-
Fertilizers for purposes other than fertilization of soils and
increasing productivity of crops.
CHAPTER - V
ENFORCEMENT AUTHORITIES
18. (1) The Government may by notification appoint an
officer as the Controller, for the purposes of this Act.
(2) The Government may by notificat ion appoint such
number of persons as it thinks necessary, to be the
registering authorities for the purposes of this Act and may
Disposal of non-
standard Bio-
fertilisers.
Manufacturers to
appoint officers
responsible for
compliance of the
Act.
Restriction of
sale/use of Bio-
fertilisers.
Appointment of
Controller and
Registering
Authority.
12 [Act No.6 of 2006]
in any such notification define the limits of the local area
within which each such registering authority shall exercise
his jurisdiction.
19. The Government may by notificat ion appoint such
number of persons, as it thinks nec essary to be Inspectors
of Bio-fertilisers for the purpose of this Act, and may in such
notification define the limits of loc al area within which each
such Inspector shall exercise his jurisdiction.
20. No person shall be eligible for appointment as
Bio-fertiliser Inspector, under this Act unless he possesses
the qualification namely Graduation in Agriculture from a
recognized University and working in the Department of
Agriculture, in the State.
21. (1) An Inspector may with a view to sec uring
compliance with this Act,-
(i) require any manufa cturer or a dealer to give any
information in his possession, with respect to the
manufacture, storage and disposal o f any Bio -fertiliser
manufactured or in any manner handled by him;
(ii) draw samples of any Bio fertilizer in accordance
with the procedure for drawal of samples laid down in
schedule II:
Provided that the Inspector s hall prepare the
sampling details in duplicate as may be prescribed and
hand over one copy of the same to the dealer or his
representative from whom the sample has been drawn;
(iii) enter upon and search any premises where any
Bio-fertiliser is manufactured or stored or exhibited for sale,
if he has reason to believe that any Bio-fertiliser has been or
is being manufactured, sold, offered for sale, stored,
Appointment of
Inspectors.
Qualification for
appointment of
Inspectors.
Powers of
Inspectors.
[Act No.6 of 2006] 13
exhibited for sale or distributed contrary to the provisions of
this Act;
(iv) seize or detain any Bio -fertiliser, in respect of
which he has reason to believe that a contravention of this
Act has been or is being or is about to be committed;
(v) seize any books of accounts or documents
relating to manufacture, storage or sale of Bio -fertiliser etc.,
in respect of which he has reason to believe that any
contravention of this Act has been or is being or is about to
be committed:
Provided that the Inspecto r shall give a receipt for
such Bio -fertilisers or books of accounts or documents so
seized to the person from whom the same has been seized:
Provided further that the books of accounts or
documents so seized shall be returned to the person from
whom they were seized after copies th ereof or extracts
therefrom as certified by such person, have been taken:
Provided also that the Inspector shall give the stop
sale notice in writing to the person whose stocks have been
detained and initiate appropriate action as per the
provisions of this Act or the rules made thereunder within a
period of twenty one days. If no action has been initiated by
the Inspector within the said period of twenty one days from
the date of issue of the said notice, the notice of stop sale
shall be deemed to have been revoked.
(2) Where any Bio-fertiliser is seized by any Inspector
under this section he shall forthwith report the fact of seizure
to the respective Magistrate and seek further orders.
14 [Act No.6 of 2006]
CHAPTER - VI
ANALYSIS OF SAMPLES
22. Bio-fertiliser samples drawn by an Inspector shall be
analyzed in accordance with the standards laid down in
Schedule - I as per the specifications of Bureau of Indian
Standards.
23. No person shall be eligible for appointment as Bio -
fertiliser analyst for analysis of Bio -fertiliser samples in the
laboratories as may be notified for the purposes of this Act,
unless he pos sesses the qualification namely Graduation in
Agriculture from a recognized University with training in Bio-
fertilisers quality control and analysis at National Centre for
Organic Farming, Ghaziabad, or its regional centres:
Provided that the Bio-fertiliser analysts appointed
before the commencement of this Act, who do not possess
the requisite training, shall undergo the prescribed training
within a period of one year at National Centre for Organic
Farming, Ghaziabad, or its regional centres.
24. (1) Where a sample of Bio-fertiliser has been drawn,
the same shall be dispatched along with memorandum in
the manner prescribed to such laboratory as may be notified
for analysis within a period of 7 (seven) days from the date
of its drawal.
(2) The Laboratory shall analyse the sample and
forward the analysis report in the form as may be prescribed
within 30 (thirty) days from the date of receipt of the sample
in the laboratory to the authorities specified in th e said
memorandum.
(3) The authority to whom the analysis report is sent
under sub -section (2) shall communicate the result of
analysis to the dealer/manufacturer from whom the sample
Analysis of
samples.
Qualification for
appointment of
Bio-fertiliser
Analyst in the Bio-
fertiliser Control
Laboratories.
Time limit for
analysis and
communication of
results.
[Act No.6 of 2006] 15
was drawn within 15 (fifteen) days from the date of receipt of
analysis report.
(4) The report of the Laboratory is final for initiating any
criminal proceedings against the dealer / manufacturer.
CHAPTER - VII
MISCELLANEOUS
25. (1) A registering authority or, as the case may be the
Controller may, after giving the holder of a certificate of
registration, or a certificate of manufacture or any other
certificate granted under this Act, an opportunity of being
heard, suspend or cancel such certificate on any of the
following grounds, namely:-
(i) that such certificate has been obtained by fraud or
misrepresentation as to material particulars;
(ii) that any of the provisions of this Act or any of the
terms and conditions of such certificate has been
contravened or not fulfilled:
Provided that while cancelling the certificate the
holder thereof may be allowed a period of 30 (thirty) days to
dispose of the balance stock of bio -fertilisers if any held by
him:
Provided further that the stock of Bio -fertiliser lying
with the holder after the expiry of the said 30 (thirty) d ays
period shall be confiscated.
(2) Where the contraven tion alleged to have been
committed by a person is such as should, on being proved,
justify cancellation of the certificate of registration or, as the
case may be certificate of manufacture or any other
certificate granted under this Act to such person the
Suspension/
cancellation of
Registration
Certificate.
16 [Act No.6 of 2006]
registering authority or as the case may be, the Controller
may without any notice, suspend such certificate as an
interim measure:
Provided that the registering authority, or as the case
may be the Controller s hall immediately furnish to the
affected pe rson/persons details and the nature of
contravention alleged to have been committed by such
person/persons and, after giving the person/persons an
opportunity of being heard, pass final orders either revoking
the order of suspension or cancelling such cert ificate within
fifteen days from the date of issue of the order of
suspension:
Provided further that where no final order is passed
within the period as specified above, the order of interim
suspension shall be deemed to have been revoked without
prejudice, however to any further action which the
Registering authority or, as the case may be the Controller
may take against the holder of the Certificate of Registration
under sub-section (1).
(3) Whenever a certificate is suspended or cancelled
under this section, the registering authority or as the case
may be, the controller shall record a brief statement of
reasons for such suspension or, as the case may be
cancellation and furnish a copy thereof to the person whose
certificate has been suspended or cancelled.
(4) Whenever a person is alleged to have committed
the contravent ion, the registering authority shall, within a
period of fifteen days from the date of issue of such order of
suspension or cancellation furnish to the Controller also,
besides sending the same to the person whose certificate
has been suspended or cancelled, a detailed report about
the nature of contravention committed and a brief statement
[Act No.6 of 2006] 17
of the reasons for such suspension or, as the case may be
cancellation:
Provided that the Controller, shall in case of the order
of suspension passed by the registering authority, on
receipt of the detailed report and after giving the person an
opportunity of being heard, pass final order either revoking
the order of suspensio n or cancelling the certificate of
registration, within fifteen days from the date of receipt of the
detailed report from the registering authority, failing which
the order of interim suspension passed by the registering
authority shall be deemed to have b een revoked, without
prejudice however to any further action which the Controller
may take against the holder of Certificate of Registration
under sub-section (1):
Provided further that the order of cancellation passed
by the registering authority shall remain effective as if it has
been passed by the Controller till such time the Controller,
on receipt of the detailed report from the registering
authority and if deemed necessary after giving the person a
fresh opportunity of being heard, pass the final o rder either
revoking or confirming the order of cancellation.
26. Any person aggrieved by any of the following orders or
action of registering Authority or as the case may be the
Controller may appeal to such authority a s may be
prescribed by the Government,-
(i) refusing to grant, amend or renew the certifica te of
registration for sale of Bio-fertilisers;
(ii) refusing to grant a Certificate of Manufacture for
production of Bio-fertilisers;
(iii) suspending or cancelling a Certificate of
Registration of a manufacturer/dealer;
Appeal.
18 [Act No.6 of 2006]
(iv) Non issuance of Certificate of Registration to any
person within a period of 60 (sixty) days from the date of
receipt of such order or as the case may be from the date of
expiry of such stipulated period, and t he decision of such
authority shall be final.
27. Where a Certificate of Registration or a Certificate of
Manufacture or any other certificate granted or as the case
may be, renewed under this Act is lost, torn or spoiled or
defaced as the case may be, the registering authority or as
the case may be, the Controller may on an application made
in this behalf together with the fee prescribed for the
purpose under section 30 of the Act grant a duplicate copy
of such certificate.
28. The registering authority or as the case may be the
Controller may ame nd the Certificate of Registration on an
application made in this behalf together with the fee as
prescribed under section 30 of the Act.
29. (1) The Controller may by an order made in writing
direct the dealer / manufacturer,-
(i) to maintain such books of accounts, records etc,
relating to their business in form as may be prescribed; and
(ii) to submit to such authority, returns and
statements in such form and containing such information
relating to their business and within such time as may be
specified in this Act.
(2) Where a person holds Certificate of Registration for
sale of Bio -fertilisers, he shall maintain separate books of
Accounts for the sales made by him.
Grant of duplicate
copies of
Certificate of
Registration etc.
Amendment of
Certificate of
Registration.
Maintenance of
Records and
submission of
returns etc.
[Act No.6 of 2006] 19
(3) Where the Government or a manufacturer holds a
valid Certificate of Registration for sale of Bio -fertilisers, they
shall maintain separate books of accounts for the sales
made by them.
30. (1) The fees payable for grant, amendment or renewal
of Certificate of R egistration or Certificate of Manufacture or
grant of a duplicate of such certificates or renewal thereof
under this Act shall be such as the Government may from
time to time fix for different purposes.
(2) The authority to whom and the manner in which the
fee fixed under sub -section (1) shall be such as may be
notified by the Government.
(3) Any fee paid under sub -section (1) shall not be
refundable unless the grant or renewal of any Certificate of
Registration or Certificate of Manufacture or grant of
duplicate copy of such certificate or renewal under this Act
has been refused.
31. (1) Whoever,-
(i) manufactures, sells, stocks or exhibits for sale or
distributes any Bio -fertiliser deemed to be non -standard
under section 2 (10); or
(ii) manufactures, sells, stocks or exhibits for sale or
distributes a Bio -fertiliser without a Certificate of
Registration; or
(iii) manufactures, sells or distributes a Bio -fertiliser in
contravention of section 12; or
(iv) obstructs a Bio -fertiliser Inspector in the exercise
of his powers or discharge of his duties under this Act, shall
be punishable,-
Fees.
Offences and
penalities.
20 [Act No.6 of 2006]
(a) for the first offence, with imprisonment for a term
which may extend to one year or with fine which may extend
to rupees fifty thousand or with both;
(b) for the second and subsequent offence with
imprisonment for a term which may extend to two years or
with fine which may extend to rupees one lakh, or with both.
(2) Whoever contravenes any other provisions of this
Act or any condition of Certificate of Registration granted
thereunder shall be punishable,-
(a) for the first offence with imprisonment which may
extend to six months or with fine which may extend to five
thousand rupees or with both;
(b) for the second and subsequent offence with
imprisonment for a term which may extend to two years, or
with fine which may extend to twenty thousand rupees or
with both.
(3) If any person convicted of an offence under this Act
commits a like offence afterwards, it shall be lawful for the
Court before which the second or subsequent conviction
takes place to cause the offenders name and place of
residence, the offence and penalty imposed to be published
in such newspapers or in such other manner as the court
may direct.
32. No suit, prosecution or other legal proceedings shall lie
against the Government or any officer, authority or person
empowered to exercise the powers and perform the
functions by or under this Act for anything which is done in
good faith or intended to be done under this Act or the rules
or orders made thereunder.
Protection of
action taken in
good faith.
[Act No.6 of 2006] 21
33. If any doubt or difficulty arises in giving effect to the
provisions of this Act, the Government may, by order make
such provisions or give such directions not inconsistent with
the provisions of this Act as may appear to it to be
necessary or expedient for removal of doubt or difficulty.
34. (1) The Government may, by notification, m ake rules
for carrying out all or any of the purposes of this Act.
(2) Every rule made under this Act shall immediately
after it is made, be laid before the Legislat ure of the State, if
it is in session and if it is not in session, in the session
immediately following for a total period of fourteen days
which may be comprised in one session or in two
successive sessions, and if, before the expiration of the
session in which it is so laid or the session immediately
following, the Legislature agrees in making any modification
in the rule or in the annulment of the rule, the rule shall, from
the date on which the modification or annulment is notified,
have effect only in such modified form or shall stand
annulled as the case may be, so however, that an y such
modification or annulment shall be without prejudice to the
validity of anything previously done under that rule.
35. The Andhra Pradesh Bio -Fertilisers (Monitoring and
Quality Control) Ordinance, 2005 is hereby repealed.
Power to remove
difficulties.
Power to make
rules.
Repeal of
Ordinance 23 of
2005.
22 [Act No.6 of 2006]
SCHEDULE - I
[See section 2(1)]
PART - A
SPECIFICATIONS OF BIO-FERTILISERS
1. NITROGEN FIXING BIO-FERTILISERS:-
a. RHIZOBIUM INOCULANTS (RI) (IS 8268 - 2001)
i. RI shall be carrier based , the colour depending on
the colour of the carrier.
ii. RI shall contain a minimum of 10 7 viable Rhizobium
cells/g of the carrier on dry - mass basis till 6 months expiry
period from the date of manufacture. The number shall be
counted by the plate count method as given in 4.2 and 4.3
of 1A of Part B of Schedule - II.
iii. RI shall have a maximum of six months expiry
period from the date of manufacture.
iv. RI shall have no contamination with other micro -
organisms at 105 dilution when counted as given in 4.3 of 1A
of Part B of Schedule – II.
v. The pH of RI shall be between 6.5 and 7.5 when
tested as given in Annexure- A.
vi. RI shall show effectiveness nodulation on all those
species and / or cultivars on the packet before the expiry
date when tested. If good effectiveness pink nodulation is
obtainable in the inoculated species together with total
absence or sometimes presence of sta y nodules in the
controls, it should be conclude d that RI contains effective
Rhizobium. The total dry mass of inoculated plants shall be
significantly higher than that of the un -inoculated controls
and at least 50 percent more than the controls.
[Act No.6 of 2006] 23
vii. The carrier material such as peat, lignite, peatsoil,
humus favouring growth to be neutralized with calcium
carbonate and sterilized shall be in the form of a powder
capable of passing through 150 to 212 micron (72 to 100
mesh) IS sieve.
viii. Spec ified mother culture be obtained from any
recognized institution maintaining the mother cultures. The
manufacturer may control the quality of the broth, it should
get verified at least by two institutions as mentioned below:
Note: At present National Bi o-fertiliser Development
centre (NBDC), Ghaziabad and its six Regional Centres
located at Bangalore, Bhubaneshwar, Imphal, Hissar,
Jabalphur and Nagpur, Indian Agricultural Research Institute
(IARI), New Delhi, Tamil Nadu Agricultural Univers ity (TNAU)
Coimbatore, Univers ity of Agricultural Science, Bangalore
are sources for supplying the mother culture.
ix. The RI carrier shall be in the form of fribal (moist)
with 30-40 percent (m/m) moisture content when tested as
given in Annex-B.
(b) AZOTOBACTER CHROOCOCCUM INO CULANTS
(AI) (IS 9138 - 2002)
i. AI shall be carrier -based, the colour depending on
the colour of the carrier.
ii. AI shall contain a minimum of 10 7 viable
Azotobacter cells/g of the carrier on dry - mass basis till 6
months expiry period from the date of manufacture . The
number shall be counted by the plate count method as
given in 4.2 of 1 A of part B of Schedule II and Azotobactor
Chroococcum clolonies are gummy, rai sed with or without
striations, viscous and often sticky. The pigmentation varies
from very light brown to black. Count the colony number
24 [Act No.6 of 2006]
and observe the cyst formation as given Part B - Schedule II
(4.2) and calculate number per gram of the carrier material.
iii. AI shall have a maximum of six months expiry
period from the date of manufacture.
iv. AI shall have no contamination with other
microorganisms at 105 dilution.
v. The pH of AI shall be between 6.5 and 7.5 when
tested as given in-A.
vi. The carrier material such as peat, lignite, peatsoil,
humus favouring growth to be neutralized with calcium
carbonate and sterilized shall be in the form of a powder
capable of passing through 150 to 212 micron (72 to 100
mesh) IS sieve.
vii. Specified mother culture be obtained from any
recognized institution maintaining the mother cultures. The
manufacturer may control the quality of the b roth, it should
get verified atleast by two institutions as mentioned in VIII of
1 of part A of Schedule-I.
viii. The AI carrier shall be in the form of fribal (moist)
with 30-40 percent (m/m) moisture content when tested as
given in Annexure-B.
C. AZOSPIRILLUM INOCULANTS (ASI) (IS 14806-
2000)
i. ASl shall contain 10 7 viable Azospirillum cells / g of
the carrier material on dry mass basis.
ii. ASl shall have no contamination with other micro -
organisms at 10 5 dilution. ASl contamination in semi solid
[Act No.6 of 2006] 25
medium should be checked by semi dilution and spread
plate method with solid complete medium.
iii. The pH of AS I shall be 6.5 to 7.5 when tested as
given in Annexure-A.
iv. The ASl carrier shall be in the form of fribal (moist)
with 30 -40 percent moisture. When tested as given in
Annexure-B.
v. ASl shall show effective root develop ment on all
cultivars / crops against which the inoculant is intented to be
used.
vi. Specified mother culture be obtained from any
institution maintaining the mother cultures. The
manufacturer may control the quality of t he broth, it should
get verified atleast by two institutions as mentioned in VII I of
I of Part A of Schedule - I.
2. PHOSPHATE SOLUBILISING BACTERIAL INOCULANT
(PSBI) (IS 14807-2000)
i. PSBI shall contain 10 7 available phosphate
solubilising bacterial cells / g of the carrier material on dry
mass basis.
ii PSBI shall be carri er based colour depending on the
colour of the car rier. Carrier material such as p eat, lignite
charcoal may be used. It shall be neut ralized with calcium
carbonate and then sterlised. When tested it shall pass
through 100 micron sieve.
iii. PSBI shall have no contamination with other
microorganisms at 105 dilution.
iv. The pH of PSBI shall be 6.5 to 7.5.
26 [Act No.6 of 2006]
v. The PSBI carrier shall be in the form of fribal (moist)
with 30-40 percent (m/m) moisture content when tested as
given in Annexure-B.
vi. PSBI shall have phosphate solubi lising capacity in
the range of minimum 30 percent in terms of zone formation
minimum 10 mm solubilisation zone in a prescribed solid
medium having at least 3 mm thickness , when tested by the
method prescribed in Annexure-C.
vii Specified mothe r culture be obtained from any
recognized institution m aintaining the mother culture . The
manufacturer may control the quality of broth , it should get
verified at least by two institutions mentioned in V III of I of
Part A of Schedule-I.
SCHEDULE - I
PART B
PACKING, MARKING AND STORAGE
1. RHIZOBIUM:
1. Packing:
RI shall be packed material of low density
polyethylene / polypropylene bags thic kness of which shall
be 75-100 micron minimum.
2. Marking:
Each packet shall be marked legibly to give the
following information:
i. Name of the product, specifically as Rhizobium
inoculants.
ii. Leguminous crop for which intended.
[Act No.6 of 2006] 27
iii. Name and address of the manufacturer.
iv. Type of the carrier.
v. Batch or code number.
vi. Date of manufacture.
vii. Date of expiry (agreed between the manufacturer
and the purchaser subject to minimum 6 months from the
date of manufacture).
viii. Net quantity and the area meant for.
ix. Storage instructions worded as under : STORE IN
COOL PLACE AWAY FROM DIRECT SUN AND HEAT.
x. Any other information.
3. Item (ii), (vi) and (vii) shall be printed on a colured
ink background.
4. Directions for the use of RI shall be printed briefly on
the packet as given in Annexure D. A Separate pamphlet
may preferably be given with it.
5. The product may also be marked with the standard
mark.
6. The use of the standard mark is governed by the
provisions of the Bureau of Indian Standards Act, 1986 and
the rules and regulations made there under. The details of
conditions under which the licenc e for the use of the
standard Mark may be granted to manufacturers or
producers may be obtained from the Bureau of Indian
Standards.
28 [Act No.6 of 2006]
7. RI shall be stored by the manufacturer in a cool and dry
place away from direct heat preferably at a temperature of
150 C to 30 0 C. It shall also be the duty of the manufacturer
to instruct the retailers and, in turn the users about the
precautions to be taken during storage.
2. AZOTOBACTOR:
Packing:
1. AI shall be packed in packaging material of low
density polythene / polypropylene bags thickness of which
shall be 75-100 micron minimum.
Marking:
2. Each packet shall be marked legibly to give the
following information,-
a. Name of the pro duct, specifically as Azotobacto r
inoculant;
b. Non-leguminous crop for which intended;
c. Name and address of the manufacturer;
d. Type of the carrier;
e. Batch of code number;
f. Date of expiry (agreed between the manufacturer
and the purchaser subject to minimum 6 months from the
date of manufacture);
g. Net quantity and rate of application;
[Act No.6 of 2006] 29
h. Storage instructions worded as under STORE IN
COOL PLACE AWAY FROM DIRECT SUN AND HEAT;
i. Any other information.
3. Directions for the use of AI shall be printed briefly on
the packet as given in Annexure – D. A separate pamphlet
may preferably be given with it.
4. The product may also be marked with the standard
mark.
5. TheExcerpt shown. Open the full act in Lexace.