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Union of India - Section

Section 2 in The Fertilizer (Control) Order, 1985

2. Definitions.

- In this Order, unless the context otherwise requires, -
(a)"Act" means the Essential Commodities Act, 1955 (10 of 1955) ;
(b)"Certificate of source" means a certificate given by a State Government, Commodity Board, manufacturer, pool handling agency or, as the case may be, wholesale dealer indicating therein the source from which fertilizer for purpose of sale is obtained ;
(c)"Commodity Board" means the Coffee Board constituted under Section 4 of the Coffee Act, 1942 (7 of 1942), or the Rubber Board constituted under Section 4 of the Rubber Act, 1947 (24 of 1947), the Tea Board constituted under Section 4 of the Tea Act, 1953 (29 of 1953), or, as the case may be, the Cardamom Board constituted under Section 4 of the Cardamom Act, 1965 (42 of 1965) ;
(d)"compound or complex fertilizer" means a fertilizer containing two or more [* * *] [The words 'essential plant' omitted by S.O. 725(E), dated 28th July, 1988 (w.e.f. 28th July, 1988).] nutrients during the production of which chemical reaction takes place ;
(e)"controller" means the person appointed as Controller of Fertilizers by the Central Government and includes any other person empowered by the Central Government to exercise or perform all or of the powers, or as the case may be, functions of the Controller under this Order ;
(f)"dealer" means a person carrying on the business of selling fertilizers, whether wholesale or retail, [or industrial use] [Insered by S.O. 795(E), dated 22nd November, 1991.] and includes a manufacturer and a pool handling agency carrying on such business and the agents of such person, manufacturer or pool handling agency ;
(g)[* * *] [Clause (g), omitted by S.O. 725 (E), dated 28th July 1988, (w.e.f. 28th July, 1988).].
(h)[ "fertiliser" means any substance used or intended to be used as a fertiliser of the soil and/or crop and specified in Part A of Schedule I and includes a mixture of fertilizer and a special mixture of fertilizers ;] [Substituted by S.O. 354(E), dated 3rd June, 1993.]
(i)"Form" means a form appended to this order ;
(i)[ "industrial dealer" means a dealer who sells fertilisers for industrial purposes. [Inserted by S.O. 795(E), dated 22nd November, 1991.]
(ii)"industrial purpose" means the use of fertilizer of purpose other than fertilisation of soil and increasing productivity of crops;]
(j)[ "grade" means the nutrient contents in the Fertilizers, expressed in percentage;] [Substituted by S.O. 725(E) dated 28th July, 1988 (w.e.f. 28th July, 1988).]
(k)"granulated mixture" means a mixture of fertilizers [* * *] [Clause (nn), omitted by S.O. 725(E), dated 28th July, 1988 (w.e.f. 28th July, 1988).] made by intimately mixing two or more fertilizer with or without inert material and granulating them together, without involving any chemical reaction ;
(kk)[ "importer" means a person who imports fertilizer in accordance with the Export and Import Policy of the Central Government, as amended from time to time;] [Inserted by S.O. 397(E), dated 18th June, 1993.]
(l)"inspector" means an Inspector of Fertilizers appointed under Clause 27;
(m)"manufacturer" means a person who produces fertilizers or mixtures of fertilizers [* * *] [Omitted by S.O. 354(E), dated 3rd, June 1993.] and the expression 'manufacture' with its grammatical variations shall be construed accordingly ;
(n)[ "mixture of fertilizers" means a mixture of fertilizer made by physically mixing two or more fertilizers ; with or without inert material in physical or granular form and includes a mixture of NPK fertilizers, a mixture of micronutrient fertilizers and a mixture of NPK with micronutrient fertilizers ;] [Substituted by S.O. 354(E), dated 3rd June, 1993]
(nn)[* * *] [Omitted by S.O. 354(E), dated 3rd June, 1993.].
(o)"offer for sale" includes a reference to an intimation by a person of a proposal by him for the sale of any fertilizer, made by publication of a price list, by exposing the fertilizer for sale indicating the price, by furnishing of a quotation or otherwise howsoever ;
(p)"physical mixture" means a mixture of fertilizers [made by physically, mixing two or more] [Substituted by S.O. 725(E), dated 28th July 1988 (w.e.f. 28th July, 1988).] fertilizers with or without inert material necessary to make a required grade, without involving any chemical reaction ;
(q)"prescribed standard" means, -
(i)in relation to fertilizer included in column I of Part A of Schedule I, the standard set out in the corresponding entry in column 2, subject to the limits of permissible variation as specified in Part B of that Schedule ; and
(ii)in relation to a mixture of fertilizers, the standard set out in respect of that mixture under sub - clause (1) of Clause 13 by the Central Government, subject to the limits of permissible variation as specified in Part B of Schedule I;
(iii)[] [Inserted by S.O. 725(E), dated 28th July, 1988 (w.e.f. 28th July, 1988).] in relation to a mixture [mixture of fertiliser] [Substituted by S.O. 354(E), dated 3rd, July, 1993.] the standard set out in respect of that mixture under sub - clause (2) of Clause 13 by the State Government, subject to limits of permissible variation as specified in Part B of Schedule I.
(r)"pool handling agency" means an agency entrusted by the. Central Government with functions relating to handling and distribution of imported fertilizers ;
(s)"registering authority" means a registering authority appointed under Clause 26 ;
(t)"retail dealer" means a dealer who sells fertilizers to [to farmers or plantations for agricultural use such as for fertilisation of soil and increasing productivity of crops] [Substituted by S.O. 795(E), dated 22nd June, 1991.];
(u)"Schedule" means a Schedule appended to this order ;
(v)"special mixture of fertilizers" means any mixture of fertilizers prepared for experimental purposes in pursuance of a requisition made by any person (including a person engaged in the cultivation of tea, coffee or rubber) for sale to that person in such quantity and within such period as may be specified in such requisition ; and
(w)"wholesale dealer" means a dealer who sells fertilizers otherwise than in retail [for agricultural use such as for fertilisation of soil and increasing productivity of crops] [Added by S.O. 795(E), dated 22nd, June, 1991.].
II. Price Control