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Union of India - Section

Section 28 in The Fertilizer (Control) Order, 1985

28. Powers of Inspectors.

(1)An Inspector may, with a view to securing compliance with this Order, -
(a)require any manufacturer, pool handling agency, wholesale dealer or retail dealer to give any information in his possession with respect to the manufacture, storage and disposal of any fertilizer manufactured or, in any manner handled by him;
(b)draw samples of any fertilizer in accordance with the precedure of drawal of samples laid down in Schedule II :
Provided that the Inspector shall prepare the sampling details in duplicate in Form J, and hand over one copy of the same to the dealer or his representative from whom the sample has been drawn ;
(c)enter upon and search any premises where any fertilizer is manufactured or stored or exhibited for sale, if he has reason to believe that any fertilizer has been or is being manufactured, sold, offered for sale, stored, exhibited for sale or distributed contrary to the provisions of this Order ;
(d)seize or detain any fertilizer in respect of which he has reason to believe that a contravention of this Order has been or is being or is about to be committed ;
(e)seize any books of accounts or documents relating to manufacture, storage or sale of fertilizers, etc, in respect of which he has reason to believe that any contravention of this Order has been or is being or is about to be committed :
Provided that the inspector shall give a receipt for such fertilizers or books of accounts or documents so seized to the person from whom the same have 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 thereof 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 actions as per the provisions of this Order 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period of twenty - one days from the date of issue of the said notice, the notice of stop sale shall be deemed to have been revoked.] [Added by S.O. 140(E), dated 12th February, 1990 (w.e.f. 12th February,1990).]
(2)Subject to the proviso to paragraphs (d) and (e) of sub - clause (1), the provisions of the Criminal Procedure Code, 1973 (2 of 1974), relating to search and seizure shall, so far as may be, apply to searches and seizures under this clause.
(3)Where any fertilizer is seized by an Inspector under this clause he shall forth with report the fact of such seizure to the Collector whereupon the provisions of Sections 6 - A, 6 - B, 6 - C, 6 - D and 6 - E of the Act, shall apply to the custody, disposal and confiscation of such fertilizers.
(4)Every person, if so required by an inspector, shall be bound to afford all necessary facilities to him for the purpose of enabling him to exercise his powers under sub - clause (1).VIII. Analysis Of Samples