FCO -1985 are inherent part of DoF guidelines. FCO
compliance is precondition to claim subsidy under the guidelines. Any
violation of FCO ... included in FCO-1985. Companies may manufacture any grade of P&K
fertilizers in compliance of provisions of FCO- 1985 and any other
applicable
Fertilizer Control
Order, 1985 (hereinafter to be referred as 'FCO, 1985'), every manufacturing
organization is required to appoint an officer in consultation with ... shall be responsible for the compliance of the
provisions of the FCO,1985. The Government of India, Ministry of
Agriculture, vide its letter dated
Mixed) Control Order,
1985' (hereinafter referred to as 'FCO, 1985') until the first gazette-
notification dated 23.02.2021 namely Fertilizer Control ... Amendment
Order, 2021 (hereinafter referred to as 'FCO, 2021') was published,
whereby, the FCO, 1985 was amended and it was held that
Mixed) Control Order,
1985' (hereinafter referred to as 'FCO, 1985') until the first gazette-
notification dated 23.02.2021 namely Fertilizer Control ... Amendment
Order, 2021 (hereinafter referred to as 'FCO, 2021') was published,
whereby, the FCO, 1985 was amended and it was held that
Clause 4(a), 5 and 35 of Fertilizer Control Order (FCO), 1985. The
contraventions noticed during the inspection carried out on 8.12.2010 have been
listed ... Fertilizer Control Order have been
defined in clause 2 of the FCO, 1985. The expression `fertilizer' has been
defined in Section 2(h) while
inserted by SOS.O.49 (E) dated 16.01.2003 of the FCO, 1985 to contend
CWP No.132 of 2013
-3-
that sending of second sample ... dated 16.1.2003
introducing Sub Clause (2) to Clause 32 of the FCO, 1985. It is submitted
that the delay in approaching the appellate authority
offences under
Clause 19(b) of Fertilizer Control Order (FCO), 1985 read with
Section 7(1)(a)(ii) of the Essential Commodities ... specifications
as per Schedule IA I(d)(4) of FCO, 1985. Thereafter, the
Fertilizer Inspector proceeded to the petitioner-accused No.1 and
served
procedure laid down in Schedule-II (Part-A) FCO, 1985.
Thus, in view of the above principle laid down by the
Punjab & Haryana High ... samples as per FCO, without there
being any material to show that he has followed the
procedure prescribed under FCO, 1985
violating the conditions of license
and violating the provisions of FCO 1985.
7. Therefore, the petitioners originally filed the above writ petitions,
challenging only ... other States without any authorisations in
violation of Clause 6 of FCO 1985.
(iii) Illegal transaction of fertilizer.
(iv) False entries and statement in stock
into clause 18 of Fertilizer (Control) Order,
1985 (for short "FCO, 1985").
7. Learned Government Pleader for Agriculture appearing for
respondents ... petitioners under sub-clause (2) of Clause 18 of the FCO, 1985.
8. In view of the rival submissions, the question arises whether the
principles
