Context: Ministry of Chemicals and Fertilizers has recently released the draft Integrated Plant Nutrition Management Bill, 2022 to empowers it to fix the maximum selling price of fertilisers and control its quality as well as distribution.
- The bill aims to promote the development and sustainable use of balanced fertilisers, including bio-fertilisers, bio-stimulates, nanofertilisers and organic fertilisers to sustain India's food and nutritional security without causing adverse harm to the quality of the environment and health of the soil.
- It will also support the welfare of farmers while promoting the optimal yields of crops in India which will promote India's mission of AatmaNirbhar or self-sufficiency.
Major proposals under the bill
- Price Management of fertilisers: The Central Government to fix the maximum prices or rates at which any fertiliser may be sold by a dealer, manufacturer, importer or a fertiliser marketing entity. o No dealer, manufacturer importer or fertiliser marketing entity shall sell or offer for sale any fertiliser at a price exceeding the maximum price or rate fixed under this clause.
- Restriction on the sale and use of fertilisers: No person shall himself, or by any person on their behalf, manufacture, import for sale, sell, offer for sale, stock, exhibit for sale or distribute any fertiliser which does not meet the standards as may be provided for under this Act, rules and regulations made thereunder.
- Import: All imports of articles of fertiliser to be subject to this Act with no person shall import into India any spurious or misbranded or sub-standard fertiliser; Any product containing fertiliser for the import will require licence or registration.
- Genetically modified bio-fertilisers or bio-stimulants: No person shall carry on the business of preparing, manufacturing, distributing, selling or importing any genetically modified bio-fertiliser or bio-stimulant without the prior approval of the Central.
- Enforcement of this Act: The Authority, the Central Government and the State Government shall be responsible for the enforcement of this Act with Central Government to take Suo motu cognizance in case of any irregularities in the actions of manufacturers, dealers or retailers under this Act and to initiate action for inquiry.
- Offences under this Act: Any manufacturer who fails to comply with laboratory requirements that are specified by way of regulations issued by the Authority under this Act, shall be liable to have its certificate of registration of manufacture cancelled and shall be punishable with a fine which may extend to ten lakhs rupees.
Key criticisms against the bill
Use of fertilisers: The bill aims to balance the use of different types of fertilizers in the light of over-use of urea. This imbalance can be corrected by rationalizing subsidies and not by enacting a new law.
Governance structure: At present, fertiliser sector is governed by two mechanism:
- Fertiliser Movement Order (FMO), promulgated and enforced by the fertiliser ministry. It controls the production of fertilisers.
- Fertiliser Control Order (FCO), issued and administered by the agriculture ministry. It controls the allocation of fertilisers to different states.
The inclusion of these provisions in the planned single statute may confuse the different stakeholders.
- Inspector Raj: Bill may bring back the Inspector Raj of prior to economic liberalisation in 1991. It provides for fertiliser inspector with sweeping powers like entering, searching and confiscation of stocks in any premise in fertiliser sector for violation of bill’s provisions.
- Complicated pricing system: Bill empowers central government to fix the maximum price at which fertilisers would be sold to the farmers. However, prices would differ for different consumers or classes of consumers in accordance with the local situation and period of storage of fertilisers. It will complicate the process of fertiliser pricing.
- Over-regulation: It will also bring desi soil fertility-enhancers and crop yield-boosters, such as “Pachgavya Krishi” and “Amritpani” under price control and controls of other kinds. It means these products will be subject to bureaucratic controls and inspectorial scrutiny.