Section 23

Section 23 of the Fertiliser (Control) Order 1985. Disposal of non-standard fertilisers 1. Notwithstanding anything contained In this Order, a person may sell, offer for sale, stock or exhibit for sale or distribute, [any fertillser except any fertillser imported by the Central Government] which, not being an adulterated fertiliser, does not conform

Disposal of non-standard fertilisers 1. Notwithstanding anything contained In this Order, a person may sell, offer for sale, stock or exhibit for sale or distribute, [any fertillser except any fertillser imported by the Central Government] which, not being an adulterated fertiliser, does not conform to the prescribed standard (hereinafter in this Order referred to as non-standard fertiliser) subject to the conditions that :- a. the container of such non-standard fertilizer is conspicuously superscribed in red colour with the words "non-standard" and also with the sign "X"; and b. an application forthe disposal of non-standard fertilisers in Form H is submitted to the [Notified authority] to grant a certificate of authorisation for sale of such fertilisers and a certificate of authorisation with regard to their disposal and price is obtained in Form I. c. such non-standard fertiliser shall be sold only to the manufacturers of mixtures of fertilisers or special mixtures of fertilisers or research farms of Government or Universities or such bodies. 2. The price per unit of the non-standard fertiliser shall be fixed by the [notified authority] after satisfying itself that the sample taken is a representative one, and after considering the nutrient contents in the sample determined on the basis of a chemical analysis of the non- standard fertilizer. 3. The Central Government may, by notification in the official Gazette and subject to the conditions, if any, laid down in that notification, and subject to guidelines issued in this regard by the Central Government exempt such pool handling agencies, as it deems fit, from complying with conditions laid down in paragraphs (a) and (b) of the sub-clause (1) Cody 4. Where any fertiliser imported by the Central Government is found to be of non-standard and the Central Government decides that the fertilizer cannot be permitted for direct use in agriculture, it may permit the use of such fertiliser by manufacturers of complex fertilisers, mixture of fertilisers or special mixture of fertilisers to be sold at such price as may be fixed by the Central Government. 5. If a manufacture or importer detects or as reasonable doubt about the standard of the fertilizer manufactured or imported by him, and dispatched for sale as deteriorated in quality during transit due to natural calamity and is not of the prescribed standards, he may, within fifteen days from the date of dispatch from factory or port, apply with detailed justifications to the Central Government for obtaining permission for reprocessing the same in a factory to meet the prescribed standards and the Central Government may, after considering the facts, permit the re-processing of such fertilizer on the terms and conditions as may be notified by the Central Government in this behalf.

Provided that no such application for permission to reprocess the fertilizer by the manufacturer or importer shall be accepted by the Central Government after the expiry of the said period of fifteen days.

Section 23, The Fertiliser (Control) Order 1985 (Act 10 of 1985).