Question : FRAUDULENT CLAIMS OF DECONTROLLED FERTILIZERS



(a) whether it is a fact that there are a large number of fraudulent claims of concessions for P&K and single super Phosphate in many States;

(b) if so, the details thereof; State-wise;

(c) the total amount involved in these claims in the States, State-wise;

(d) whether the Technical Audit inspection system has not been able to check fraudulent claims of decontrolled fertilizers;

(e) if so, the reasons therefor;

(f) whether the Government propose to set up an independent machinery at the Union Government level to check problems of States in regard to fraudulent claims instead of taking up the individual cases; and

(g) if so, the details thereof and reasons therefor?

Answer given by the minister

THE MINISTER OF CHEMICALS & FERTILIZERS (SHRI SUKHDEV SINGH DHINDSA)

(a) to (g) : A statement is laid on the table of the House.

Statement referred to in reply to parts (a) to (g) of Lok Sabha Starred Question No. 133 to be answered on 29.07.2003

(a) to (c): Certain instances have been brought to the notice of the Government regarding fraudulent claims by fertilizer companies in the matter of drawal of concession under the Concession Scheme for decontrolled fertilizers pertaining to sales particularly in the States of Uttar Pradesh and Bihar and Gujarat.

As per the instructions issued by the State Government of Bihar, Director of Agriculture was required to obtain verification reports from District Agriculture Officers for issuing sale certificates under the Concession Scheme for decontrolled fertilizers. However, Director of Agriculture issued sale certificates during the period 1994-95 to 1997-98 by violating these instructions regarding certification of quality and quantity of fertilizers sold. The Comptroller & Auditor General (CAG) in its Report (Civil) 2000 apprehended that because of sales certificates so issued by Director of Agriculture, which amount to about Rs.162 crore, the possibility of certifying doubtful claims of the concession of the 22 suppliers was not ruled out. While referring the matter to Bihar Government in February 2000, the GOI also decided to withhold balance payment against sales certification by State Government till the matter is settled. The State Government of Bihar has in February, 2002 referred the matter for investigation by CBI.

In the case of alleged fraudulent claims and other malpractices by the SSP units located in the State of U.P., the GOI had in March 2000 requested State Government to conduct an inquiry and also decided in February, 2000 to stop further payment of concession to all the 29 units. After receipt of the inquiry report from the Government of U.P., conducted in respect of manufacture and sales for the period 1998-99 and 99-2000, the GOI in consultation with State Government decided to continue stoppage of payment of concession in respect of 19 units. An amount of approximately Rs. 80 lakh has already been recovered on sales of 9522 MTs of SSP to the extent as alleged in the preliminary inquiry report during the period of inquiry from 8 SSP units. The Government of U.P. has initiated criminal proceedings against ten units.

In another case of U.P., the State Government is examining possibility of M/s. Oswal Fertilizers & Chemicals Limited (OCFL) having claimed on-account concession on DAP sales not in conformity of the guidelines of the Government. The company has, prima facie, reported higher sales of DAP in the State of Uttar Pradesh during last three months of 2001-02. The verification of sales of DAP for the period 2001-02 by U.P. Govt. is still pending. As regards any excess sale, adjustment/recovery of the disputed sales is subject to confirmation by the State Government on the actual quantity sold. In view of this DOF has suspended future payment of concession to the company.

In August 2001, the State Government of Gujarat reported that a quantity of 4359 MT of MOP sold in Gujarat by M/s Indian Potash Limited (IPL) during June-September 2000 was not sold for agricultural purposes on which concession had been wrongly claimed by the company. The concession amount equivalent to that paid/payable on the impugned quantity has since been withheld by the Government. IPL, which was asked to inquire into the matter and explain the wrongful claim, has informed that in the inquiry instituted by the State against the six distributors of IPL, complaint against five could not be substantiated and against the sixth, inquiry could not be finalized as the distributor had since migrated out of the country. The confirmation of the above facts is yet to be received from Govt. of Gujarat.

As regards the amount involved in above alleged wrongful claims of concession, assessment of the same would be possible only after completion of proceedings initiated by the State authorities/CBI investigation and the extent of sales certification.

(d) to (e) : The Technical Audit and Inspection Cell (TAC) constituted by Department of Fertilizers especially for SSP units has resulted in stemming the possibility of fraudulent claims of concession by SSP industry. In addition TAC has also been entrusted techno-commercial audit of DAP & NPK plants. In the reports submitted by TAC so far on the audit of SSP and DAP/NPK plants, no major fraudulent claims have been detected.

(f) and (g) : No, Sir. In the light of the results achieved through constitution of TAC for technical and commercial audit/inspections of SSP units as also DAP/NPK plants, the Government do not feel the necessity at this stage for an independent machinery for this purpose.