ORGANIC AGRO MANUFACTURES ASSOCIATION Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India assails the legality of the order dtd. 23/2/2021 titled as "Fertilizer (Inorganic, Organic or Mixed) (Control) Amendment Order, 2021 (for short 'the impugned order") issued by respondent no. 1 in exercise of the powers conferred under Sec. 3 of the Essential Commodities Act, 1955 which has amended the Fertilizer (Inorganic, Organic or Mixed) (Control) Order, 1985 (for short "1985 Order").

(2.) By virtue of the impugned order, an amendment is brought about to the 1985 Order whereby a definition of "bio-stimulant" was incorporated under sub-clause (ab) after sub-clause (aa) in Clause 2 along with other consequential amendments.

(3.) By sub-clause (3) of Clause 20C, it is inter alia provided that notwithstanding anything contained in the 1985 Order, every manufacturer or importer of a bio-stimulant shall make an application to the Controller in Form G along with necessary requirements (data) relating to such product for specifying it as a bio-stimulant by furnishing various details. Under sub-clause (4) of Rule 20C it was provided that any person manufacturing a bio-stimulant as on the date of publication of the said order, for which no standards have been specified, may, subject to making an application for grant of provisional registration under sub-clause (5), continue to manufacture for sale, sell, offer for sale, stock or exhibit such bio-stimulant for a period of two years from the date of publication of the said order. Under sub-clause (5), it was provided that the manufacturer referred to in sub-clause (4) shall, within a period of six months from the date of publication of the said order, submit an application to the Controller for grant of provisional registration in Form G-1 along with details as specified. In sub-clause (6) it was provided that on receipt of an application under sub-clause (5) for provisional registration, the Controller shall, by an order in writing, grant a provisional certificate of registration of bio-stimulant in Form G-3. Sub-clause (7) provided that no person shall manufacture or import any bio-stimulant unless such bio-stimulant is included in Schedule VI. Sub-clause (8) provides that the Controller shall, by notification in the Official Gazette, publish the name of the manufacturer or importer of the bio-stimulant included in Schedule VI. There are other provisions which are made in the said order. Thus, on a perusal of the impugned order, it is clear that in regard to any person intending to deal with the bio-stimulants, the order appears to be a code by itself.