[17
of 2023] [01st
May 2023] AN ACT TO REGULATE THE
TRANSACTIONS DURING PROCUREMENT OF MILK AND TO ENFORCE SAFETY STANDARDS IN
RESPECT OF MILK AND FOR THE PROTECTION OF THE INTEREST OF THE DAIRY FARMERS AND
FOR THE PROTECTION OF THE CONSUMERS OF MILK AND THE MATTERS CONNECTED THERE
WITH ARE INCIDENTAL THERE TO. Be it enacted by the
Legislature of the State of Andhra Pradesh in the Seventy fourth year of the
Republic of India as follows: CHAPTER 1 PRELIMINARY (1)
This Act may be called the Andhra Pradesh
Milk Procurement (protection of farmers) and Enforcement of Safety of Milk
Standards Act, 2023. (2)
It extends to the whole of the State of
Andhra Pradesh. (3)
It shall come into force on such date as the
Government of Andhra Pradesh may, by notification in the Official Gazette,
appoint and different dates may be appointed for different provisions of this
Act. (1)
"Adulterant" means any material
which is or could be employed for making the milk unsafe or sub-standard or
mis-branded or containing extraneous matter. (2)
"Authorized Officer" means any
officer appointed by the Milk Commissioner and delegated with the specified
powers of the Milk Commissioner; (3)
"Bulk Milk Cooling Unit or Milk Chilling
Centre" means a premises where milk collected from different sources is
cooled /chilling, storage. (4)
"Buyer" means a person who
purchases milk for cash or deferred payment or any other valuable
consideration; (5)
"Calibration" means the process of
evaluating and adjusting the precision and accuracy of measuring equipment; (6)
"Company" means Company as defined
in the Companies Act, 2013, (7)
"Dealer", in relation to any Milk
Analyzer, means a person, who carries on, directly or otherwise, the business
of buying, selling, supplying or distributing any such Milk Anaiyzer, whether
for cash or for deferred payment or for commission, remuneration or other valuable
consideration, and includes a commission agent, an importer, a manufacturer,
who sells, supplies, distributes or otherwise delivers any Milk analyzer
manufactured by him to any person other than a dealer; (8)
"Government" means the State
Government; (9)
"Licence" means licence granted
under section 12 (10)
"Manufacturer" in relation to milk
analyzer, means a person who - (i)
manufactures milk analyzer, (ii)
manufactures one or more parts, and acquires
other parts, of such milk analyzer and, after assembling those parts, Claims
the end product to be a milk analyzer manufactured by himself or itself, as the
case may be, (iii)
does not manufacture any part of such milk
analyzer but assembles parts thereof manufactured by others and Claims the end
product to be a milk analyzer manufactured by himself or itself, as the case
may be, (iv)
puts, or causes to be put, his own mark on
any complete milk analyzer made or manufactured by any other person and Claims
such product to be a milk analyzer made or manufactured by himself or itself,
as the case may be; (11)
"MILK" means lacteal secretion from
cow or Buffalo, (derived from complete milking of healthy milch animal, without
either addition there to or extraction there from, unless otherwise provided
& it shall be free from collostrum) (12)
"Milk Analyzer" means an instrument
which is used for determining the quaiity parameters specified by or under the
ACT and includes Electronic Milko tester/ Gerber fester/ Lactoscan analyzer/
Ultrasonic Milk Analyzer/FTRI Analyzer; (13)
"Milk Commissioner" means the Milk
Commissioner appointed under section 6; (14)
"Milk Processing Plant or Dairy
Plant" means a premises where milk is received, chilling of Milk, storage
of Milk, Processing of milk, standardization of milk and marketing of milk and
milk products. (15)
"Milk Procurement" means collection
of milk from the milk producers/pourersat Milk centres. (16)
"Notification" means a notification
published in the Official Gazette; (17)
"Non-Sta ndard Milk Analyzer" means
a milk analyzer which does not comply with the Standards prescribed in the Act
and the rules made thereunder; (18)
"Person" includes,- (i)
Any individual, (ii)
Every department or office, (iii)
Every Organization established or constituted
by Government, (iv)
Every local authority within the territory of
lndia, (v)
a Company, firm and association of
individuals, (vi)
trust constituted under an Act, (vii)
every co-operative society, constituted under
an Act, (viii)
every other society registered under the
Societies Registration Act, 1860 (21 of 1860); (19)
"Premlses" includes- (i)
Aplace where any business, industry,
production or transaction is carried on by a person, whether by himself or
through an agent, by Whatever name called, including the person who carries on
the business in such premises, (ii)
a ware house, godown or other place where any
milk analyzer is stored or exhibited, (iii)
a place where any books of account or other
documents pertaining to any trade or transaction are kept, (iv)
a dwelling house, if any part thereof is used
for the purpose of carrying on any business, industry, production or trade, (v)
a vehicle or vessel or any other mobile
device, with the help of which any transaction or business is carried on; (20)
"Prescribed" means prescribed by
rules made under this Act; (21)
"Purchase" with its grammatical
variations and cognate expressions, means transfer of cash or deferred payment
or any other valuable consideration for milk; (22)
"Sale" with its grammatical
variations and cognate expressions, means transfer of milk by one person to
another for cash or for deferred payment orfor any other valuable
consideration; (23)
"Sample" means a sample of milk
taken under the provisions of this Act or any rules made there under; (24)
"Seal" means a device or process by
which a stamp is made, and includes any wire or digital password or other
accessories which is used for ensuring the integrity of any stamp; (25)
"Seller" means a person who sells
milk for cash or deferred payment or any other valuable consideration; (26)
"Stamp" means a mark, made by
impressing, casting, engraving, etching, branding, affixing pre-stressed paper
seal or any other process in relation to any milk analyzer with a view to - (i)
Certifying such milk analyzers conforms to
the Standard specified by or under this ACT, or (ii)
Indicating that any mark which was previously
made there are certifying that milk analyzer conforms to the Standards
specified by or under this Act, have been obliterated. (27)
"Standard Milk Analyzer" means a
milk analyzer that complies with the Standards prescribed in the Act and the
rules made there under; (28)
Sub-standard": milk shall be deemed sub
Standard if it does not meet the specified Standards but not so as to render
the milk unsafe; (29)
"Transaction" means any contract,
whether for sale, purchase, exchange or any other purpose; (30)
"User" means the person who uses
the milk analyzer in a premises for the purpose of milk procurement, testing of
milk quality at the milk chilling centre, Bulk Milk Cooling Units, Processing
Plant, Dairy Plant; (31)
"Unsafe milk" means milk whose
nature, substance or quality is so affected as to render it injurious to human
health; (32)
"Verification" with its grammatical
variations and cognate expression, includes, in relation to any milk analyzer,
the process of comparing, checking, testing or adjusting such milk analyzer
with a view to ensuring such milk analyzer conforms to the Standards prescribed
by the ACT and the rules made there under. (i)
By milk itself, or its package thereof, which
is composed, whether wholly or in part, of poisonous or deleterious substance;
or (ii)
By the article consisting wholly or in part,
of any filthy, putrid, decomposed or diseased animal substance or vegetable
substance; or (iii)
By virtue of its unhygienic processing or the
processing or presence in that milk of anyharmful substance of; or (iv)
By addition of a substance directly or as an
ingredient which is not permitted; or (v)
By the abstraction, wholly or in part, of any
of its constituents; or (vi)
By the presence of any coloring matter or
preservatives other than the specified in respect thereof; or (vii)
By the milk being infected or infested with
worms, weevils, or insects; or (viii)
By the virtue of its being packed or kept
under insanitary conditions; or (ix)
virtue of its being misbranded or
sub-standard or food containing extraneous matter; or . (x)
By virtue of its containing pesticides and
other contaminants in excess quantities specified by regulations. CHAPTER 2 STANDARD MILK ANALYZER CHAPTER 3 Appointment
of Milk Commissioner, other authorized officers and Milk Inspector. (1)
Government of Andhra Pradesh may, by
notification, appoint Director of Animal Husbandry Department as Milk
Commissioner. (2)
Milk Commissioner may appoint District Animal
Husbandry Officer as the authorized officer and delegate such powers as deem
fit and such authorized officer will exercise such powers and discharge duties
as conferred or imposed on him by or under this Act. (3)
The Milk Commissioner may, by notification,
appoint Veterinary Assistant Surgeon as Milk inspectors for such local areas as
he may assign to them for the purpose of performing functions, discharging
duties and exercise powers under this Act and the rules made there under. (4)
Every authorized officer and the Milk
Inspector appointed under sub- section (ii) & (iii) shall exercise powers
and discharge duties under the general superintendence, direction and control
of the Milk Commissioner. (5)
The Milk Commissioner, other authorized
officers and Milk inspector are authorized to perform any duty by or under this
Act shall be deemed to be a public servant within the meaning of section 21 of
the Indian Penal Code. (6)
No suit, prosecution or other legal proceeding
shall lie against the Milk Commissioner, other authorized offlcers and the Milk
Inspector authorized to perform any duty by or under this Act in respect of
anything which is in good faith done or intended to be done under this Act or
any rule or order made there under. (7)
The authorized officers and the Milk
Inspector shall exercise those powers vested or conferred on him by the Milk
Commissioner in the same manner and with the same effect, as if they had been
conferred on him directly by this Act and not by way of delegation. (i)
Carry out the survey of the Milk procurement
centres/ BMCUs/ Dairies engaged in the usage of Milk analyzers in the State to
find out compliance by such units of the Standards notified by this Act. (ii)
Conduct or organize training programmes to
the personnel of the office of the commissioner or any other personnel fit to. (iii)
Ensure an efficient and uniform
implementation of the Standards and other requirements as specified and also
ensure a high Standard of objectivity, accountability, practicability,
transparency and credibility; (iv)
Sanction prosecution for offenses punishable with
imprisonment under this Act. (v)
Such other functions as the State Government
may deem fit for effective implementation of the provisions of the Act and
Rules. (i)
to issue or suspend or cancel licence of Milk
procurement Centres, BMCUs and Dairies; (ii)
to prohibit the procurement of milk which is
in contravention of the provisions of this Act and rules made there under; (iii)
to make recommendations to the Milk
Commissioner for sanction to launch prosecutions in case of contraventions
punishable with imprisonment; (iv)
to sanction or launch prosecutions in cases
of contraventions of non-compoundable offenses; (v)
to supervise the functioning of Milk
inspector and action taken by them in the Performance of their duties; (vi)
to investigate or get investigated any
complaint which may be made in writing in respect of any contravention of the
provisions of this Act and the rules made there under; (vii)
to investigate any complaint which may be
made in writing against the Milk inspector; and (viii)
to perform such other duties as may be
entrusted by the Milk Commissioner. (i)
The Milk Inspector shall calibrate, verify
and seal any milk analyzer presented by the user if it conforms to the
Standards prescribed by the Rules. (ii)
The Milk Inspector shall issue verification
certificate to the user in the form as prescribed by the Rules and the validity
of the verification certificate shall be as prescribed. (iii)
The Milk Inspector may, if he has any reason
to believe, whether from any (i) Information given to him by any person and
taken down in writing or from personal knowledge or otherwise, that any
violation of provisions in relation to procurement of milk has taken place or
is intended to take place and in respect of which an offence pünishable under
this Act appears to have been, or is likely to be, committed in the course of
milk procurement. (a)
Enter at any reasonable time into any such
premises and search for and inspect any milk analyzer used in the milk
procurement centres/Automatic Milk Collection Unit/ BMCUs / Dairies in relation
to which purchase/ sale has taken place, or is intended to take place and any
record, register or other document relating thereto. (b)
Seize any milk analyzer, other equipment and
any record, register or other document or article which he has reason to
believe may furnish evidence indicating that an offence punishable under this
Act has been, or is likely to be, committed in the course of, or in relation
to, procurement of milk. (iv)
The Milk Inspector may also require the
production of every document or other record relating to the procurement of
milk referred to in sub-section (i) and the person having the custody of such
transaction shall comply with such requisition. (v)
Every search made under this sectioh shall be
carried out in accordance with the provisions of the Code of Criminal
Procedura, 1973 (2 of 1974), relating to searches and seizures. (vi)
The Milk inspector may also inspect the milk
analyzer to check whether such milk analyzer prescribes to the Standards laid
by the Act and the rules made there under. (vii)
The Milk inspector may also check the quality
parameters like fat, SNF and added water of the milk procured from the pourer
with the help of calibrated analyzer carried by him with a view to compare the
results obtained by the person in Charge of the milk procurement centre as per
the procedure prescribed. (viii)
The milk inspector may also check the
weighing Instrument and the weights used by the milk procurement centre for the
purpose of milk procurement. (ix)
If the Milk Inspector suspects the quality of
Milk either to be subStandard or unsafe, he shall inform the Food Safety
Officer of that local area in the prescribed manner and the Food Safety Officer
shall act on the information provided by the Milk Inspector in accordance with
the Food Safety & Standards Act 2006, Rules and Regulations made there
under. (x)
Where any books of account or other documents
are seized under sub-section iii(b), the milk inspector shall, within a period
not exceeding thirty days from the date ofseizure, retum the same to the person
from whom they were seized after copies thereof or extracts there from as
certified by that person in such manner as may be prescribed by the Government
have been taken: (1)
Every non-standard milk analyzer and other
equipment used for procurement of milk which is seized during inspection under
section 9 shall be liable to be forfeited to the State Government: Provided that non-standard
milk analyzer shall not be forfeited to the State Government if the person from
whom such milk analyzer was seized gets the same calibrated and verified within
such time as may be prescribed. (2)
Every milk analyzer seized under section 9
but not forfeited under sub-section (i), shall be disposed of by such authority
and in such manner as may be prescribed. (i)
Vexatiously and without any reasonable ground
seizes Milk analyzer and other equipment; (ii)
commits any other act to the injury of any
person without having reason to believe that such act is necessary for the
execution of his duty shall be guilty of an offence under this Act and shall be
liable to pay a fine which may extend to five thousand rupees; Provided that in case any
false complaint is made against milk inspector and it is proved so, the
complainant shall be guilty of an offence under this Act and shall be
punishable with fine which shall not be less than fifty thousand rupees but may
extend to one lakh rupees. (1)
No person shall commence or carry on any milk
procurement except under a license obtained for milk analyzer. (2)
Any person desirous to commence or carry on
any milk procurement shall make an application or grant of a license to the
authorized officer in such manner containing such particulars and fees as may
be specified in rules. (3)
The Authorized officer on receipt of
application under sub-section (ii) may either grant the license or after giving
the applicant the opportunity of being heard and for reasons to be recorded in
writing, refuse to grant a license to any applicant, if he is satisfied that it
is necessary so to do in the interest of public. (4)
Every licence shall be in such form and
subject to such conditions as maybe specified by rules. (5)
An appeal against the order of rejection for
the grant of license shall lie to the Milk Commissioner. (6)
A licence unless suspended or cancelled
earlier shall be in force for such period as may be specified by rules:
Provided that if an application for a renewai of licence is made before the,
expiry of the period of validity of the license, the licence shall continue to
be in force until Orders are passed on the application. (7)
The licence shall subsist for the benefit of
the deceaseds personal representative or any other member of his family, until
the expiry of- (a)
The period of three months beginning with his
death; or (b)
such longer period as the authorized officer
may allow. (1)
Whoever manufactures or deals or attends to
the servicing of any Milk analyzer used in the Milk Procurement Centre shall
obtain Licenee as prescribed in the Rules. (2)
Any person desires to manufacture and deal or
deal or carry out the servicing of MilkAnalyzer used in Milk Procurement
Centres shall make an application for grant of licenee to the Authorized
Officer in such manner containing such particulars and fee as may specified in
the Rules. (3)
The authorized Officer on receipt of
Application under sub-section (2) may either grant the licenee or after giving
application reasonable opportunity of being heard and for the reasons recorded
in writing refuse to grant licenee to the applicant, in the interest of public. (4)
Every licenee shall be in such form and
subjeet to such conditions as may be speeified by rules. (5)
An appeal against the order of rejection for
the grant of license shall lie to the Milk Commissioner. (6)
A licenee unless suspended or cancelled
earlier shall be in force for such period as may be speeified by rules; Provided that if an
application for a renewal of licenee is made before the expiry of the period of
validity of the licenee, the licenee shall continue to be in force until Orders
are passed on the application. (7)
The licenee shall subsist for the benefit of
the deceaseds personal representative or any other member of his family, until
the expiry of- (a)
the period of three months beginning with his
death; or (b)
such longer period of not more than 6 months
as the authorized officer may allow. CHAPTER 4 OFFENCES AND PENALTIES (1)
Whoever gives any Information to the, Milk
Commissioner or authorized officer which he may require or ask for in the
course of his duty, and which such person either knows or has reason to believe
to be false, shall be punished with fine which may extend to Fifty thousand
rupees and for the second or subsequent offence with imprisonment for a term
which may extend to six months and also with fine. (2)
However, being required by or under this Act
so to do, submits a return or maintains any record or register which is faise
in material particulars, shall be punished with fine which may extend to fifty
thousand rupees and for the second or subsequent offence, with imprisonment for
a term which may extend to one year and also with fine. (1)
Notwithstanding anything contained in the
Code of Criminal Procedure, 1973,- no court shall take cognizance of an offence
punishable under the Act and the Rules made there under, except upon a
complaint, in writing, made by (i)
The Milk Commissioner; (ii)
Any other Officer authorized in his or her
behalf by the Milk Commissioner by General or Special order; (iii)
Any person aggrieved; (2)
No court inferior to that of a Metropolitan
Magistrate or a Judicial Magistrate of the first Class shall try any offence
punishable under the Act and the Rules made there under. (1)
If an offence under this Act is committed by
a Company, every person who, at the time the offence was committed was in
Charge of, and was responsible to the Company for the conduct of the business
of the Company as well as the Company, shall be deemed to be guilty of the
offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing
contained in this sub-section shall render any such person liable to punishment
if he proves that the offence was committed . without his knowledge or that he
had exercised all due diligence to prevent the commission of such offence. (2)
Notwithstanding anything contained in
sub-section (1), where an offence under this Act has been committed by a
Company and it is proved that the offence has been committed with the consent
or connivance of, or is attributable to the neglect on the part of, any
director, manager, secretary or other officer, such director, manager,
secretary or other officer shall also be deemed to be guilty of that offence
and shall be liable to be proceeded against and punished accordingly. (3)
Where any Company is convicted under this Act
for contravention of any of the provisions thereof, it shall be competent for
the Court convicting the Company to cause the name and place of business of the
Company, nature of the contravention, the fact that the Company has been so
convicted and such other particulars as the Court may consider to be
appropriate in the circumstances of the case, to be published at the expense of
the Company in such newspapers or in such other manner as the Court may direct. (4)
No publication under sub-section (3) shall be
made until the period for preferring an appeal against the Orders of the Court
has expired without any appeal having been preferred, or such an appeal having
been preferred, has been disposed of. (5)
The expenses of any publication under
sub-section (3) shall be recoverable from the Company as if it were a fine
imposed by the Court. Explanation: For the
purposes of this section (i)
Company means anybody corporate and includes
a firm/society/ union/Dairy or other association of individuals; and (ii)
Director, in relation to a firm, means a
partner in the firm. (1)
Any offence punishable under Section 16 to
24, Section 27 and Section 28 or any rule made there under may, either before
or after the institution of the prosecution, be compounded, on payment to the
Government of such sum as may be prescribed. (2)
The Milk Commissioner or the authorized
officer as may be specially authorized by him in this behalf, may Compound
offences punishable under section 16 to 24, Section 27 and Section 28 or any
rule made there under: Provided that such sum shall
not, in any case, exceed the maximum amount of the fine, which may be imposed
under this Act for the offence so compounded. (3)
Nothing in sub-section (1) shall apply to
person who commits the same or similar offence, within a period of three years
from the date on which the first offence, committed by him, was compounded. Explanation: (i) For the
purposes of this sub-section, any second or subsequent offence committed after
the expiry of a period of three years from the date on which the offence was
previously compounded, shall be deemed to be a first offence. (ii) Where an offence has
been compounded under sub-section (1), no proceeding or further proceeding, as
the case may be, shall be taken against the offender in respect of the offence
so compounded. (iii) No offence under this
Act shall be compounded except as provided by this section. (1)
Subject to the provisions of sub-section(2),
an appeal shall lie,- (a)
from every decision or order made under the
sections of the Act and Rules made there under by Milk Inspector to the
Authorized officer of the concemed district; (b)
from every decision or order made by the
Authorized officer to the Milk Commissioner; (c)
From every decision given by the Milk
Commissioner to the Secretary/Principai Secretary/ Special Chief Secretary,
AHDD&F Department. (2)
Every such appeal shall be preferred within sixty
days from the date on which the impugned order was made: Provided that the
appellate authority may, if it is satisfied that the appellant was prevented by
sufficient cause from preferring the appeal within the said period of sixty
days, permit the appellant to prefer the appeal within a further period of
sixty days. (3)
On receipt of any such appeal, the appellate
authority shall, after giving the parties to appeal, a reasonable opportunity
of being heard and after making such inquiry as it deems proper, make such
order, as it may think fit, confirming, modifying or reversing the decision or
order appealed against or may send back the case with such direction as it may
think fit for a fresh decision or order after taking additional evidence, if
necessary. (4)
Every appeal shall be preferred on payment of
such fees, as may be prescribed. (5)
The Secretary/ Principal Secretary/ Special
Chief Secretary, may on its own motion or otherwise, call for and examine the
record of any proceeding including a proceeding in appealing which any decision
or order has been made, for the purpose of satisfying itself as to the
correctness, legality or propriety of such decision or order and may pass such
orders there on as it may think fit: Provided that no decision or order shall
be varied under this sub-section so as to prejudicially affect any person
unless such person has been given reasonable opportunity of showing cause
against the proposed action. (1)
The State Government may, by notification
make rules to carry out the Provisions of the Act. (2)
In particular and without prejudice to the
generality of forgoing power such rules may provide for all or any of the
following matters namely:- (a)
Licensing of Milk analyzers used in Milk
procurement Centres, BMCUs and Dairies. (b)
Calibration or verification procedures of
Milk Analyzers. (c)
Registers and records to be maintained by the
Milk procurement Centres/ BMCUs and Dairies. (d)
Physical characteristics, construction
details, equipment Performances, tolerances, methods or procedura of test for
the Milk Analyzers. (e)
The manner of disposal of Milk, MilkAnalyzer
and allied equipment. (f)
Any other matter/matters which is/ are
required to be, or may be, prescribed or in respect of which Provision is to be
made by rules by the State Government. (3)
In making any rules under this section, the
Government may provide that a breach there of shall be punishable with fine
which may be extend up to One Lakh rupees. (4)
Every Rule made under this Act, shall,
immediately after it is made, be laid down before the Legislature of the State,
if it is in Session, and if it is not in session, in the session immediately
following for a total period of fourteen days which may be comprised in one
session or in two successive sessions, and if, before the expiration of the
session in which it is so laid or the session immediately following the
Legislature of the State agrees in making any modification in the Rule or in
the annulment of the Rule, the Rule shall, from the date on which the
modification or annulment is notified, have effect only in such modified form
or shall stand annulled as the case may be so, however, that any such
modification or annulment shall be without prejudice to the validity of
anything previously done under that Rule. CHAPTER 5 MISCELLANEOUS (a)
All the receipts shall be remitted to the
Government duly creating a separate Head of Account (HOA) under Animal
Husbandry department. (b)
The Director, Animal Husbandry shall seek
budget from Government for equipment etc.to enforce the Act. (c)
The Milk Comrnissioner shall maintain books
of accounts of income and expenditure and the annual audit of accounts of the
Comrnissioner shall be done as per the Rules and Regulations in vogue. (1)
If any difficulty arises in giving effect to
the provisions of this Act, the State Government may, as occasion requires, by
order published in the Andhra Pradesh Gazette, make such Provision not in
consistent with the provisions of this Act, as appear to be necessary or
expedient for removing the difficulty. (2)
Every order made under this section shall be
laid, as soon as may be after it is made, before the State Legislature.The
Andhra Pradesh Milk Procurement (Protection Of Farmers) And Enforcement Of
Safety Of Milk Standards Act, 2023
In this Act, unless the context otherwise requires,-
The provisions of this Act shall have effect not withstanding anything
inconsistent there with contained in any enactment other than this Act or in
any instrument having effect by virtue of any enactment other than this Act.
The physical characteristics, configuration, construction of details,
materials, working principle, Performance, tolerances of a Standard milk
analyzer shall be as may be prescribed.
Every person having any Milk Analyzer in his possession, custody or control in
circumstances indicating that such Milk Analyzer is being, or is intended, or
is likely to be used by him in Milk procurement, shall, before putting such
Milk analyzer into such use, have such Milk Analyzer calibrated, verified and
sealed at such place and during such hours as a Milk Commissioner may, by
general or special order, specify in this behalf, on payment of such fee as may
be prescribed.
The Milk Commissioner shall perform all or any of the following functions
namely, -
The powers and duties of the Authorized Officer shall be as follows, namely,-
Functions, Duties and Powers of the Milk Inspector,-
Any milk inspector exercising powers under this Act or the rules made there
under who -
No person shall use milk analyzer for procurement of milk unless he obtains a
licence with the Authorized officer in such manner and on payment of such fees,
as may be prescribed. An online platform will be made available for issue of
license and other procedures of this Act through Software application.
The pourer shall be paid in aecordance with the fat content or SNF or Fat
content & SNF indicated by the Milk analyzer at the milk procurement centre
and the receipt to that effect indicating the price to be paid shall also be
given to the pourer with reference to rate chart announced by the Union/ Dairy.
Whoever uses or keeps for use any Milk Analyzer otherwise than in accordance
with the Standards prescribed by or under this Act at the Milk Procurement
Centre shall be punished with fine which may extend up to fifty thousand rupees
and for the second or subsequent offence, with imprison-ment for a term which
may extend to six months and also with fine.
Whoever uses or keeps for use any Milk Analyzer otherwise than in accordance
with the Standards prescribed by or under this Act at the Milk Chilling Unit or
at the Bulk Milk Cooling Unit shall be punished with fine which may extend to
one Lakh rupees and for the second or subsequent offence, with imprisonment for
a term which may extend to twelve months and also with fine.
Whoever uses or keeps for use any Milk Analyzer otherwise than in accordance
with the Standards prescribed by or under this Act at the Milk Processing Plant
or Dairy Plant shall be punished with fine which may extend to five lakh rupees
and for the second or subsequent offence, with imprisonment for a term which
may extend to two years and also with fine.
Whoever tampers with, or alters in anyway willfully to give wrong indications
in the milk analyzer with a view to deceiving any person or knowing or having
reason to believe that any person is likely to be deceived thereby, shall be
punished with fine which may extend to fifty thousand rupees and with
imprisonment for a term which shall not be less than six months but which may
extend to five years.
Whoever being required to obtain license under this Act and the rules made
there under procures milk without being in possession of valid license shall be
punished with fine up to rupees fifty thousand and for the second and
subsequent offence shall be punished with a fine up to one lakh rupees or
imprisonment up to six months or both.
Whoever is required to obtain licence to Manufacture and deal or deal or
attends to the servicing of Milk Analyzer used in the Milk Procurement under
section 13 of this Act, fails to obtain the licence shall be punished with a
fine upto Rs.25,000/- and, for second or subsequent offence with a fine up to
Rs. 50,000/- or imprisonment for a term which may extend to one year or with
fine or with both.
Whoever during milk procurement pays less price to the dairy farmer showing
less values of fat content or solids not fat or fat content and SNF, than the
results indicated by the Standard milk analyzer shall be punished with a fine
up to rupees fifty thousand and for the second and subsequent offence shall be
punished fine up to one lakh or imprisonment up to six months or both.
Whoever in buying any article or thing by weight, measure or number,
fraudulently receives, or causes to be received any quantity or number of that
article or thing in excess of the quantity or number contracted for, or paid
for; shall be punished with fine which may extend to ten thousand rupees and
for the second or subsequent offence, with imprisonment for a term which may
extend to one year, or with fine, or with both;
Whoever, being required by or under this Act or the rules made there under, to
produce any document or register before him for inspection any document or
register or other record relating there to, omits or fails without any
reasonable excuse, so to do, shall be punished with fine which may extend to
five thousand rupees and for the second or subsequent offence, with
imprisonment for a term which may extend to one year and also with fine not be
less than two thousand rupees but which may extend to fifty thousand rupees
and, for the second or subsequent offence, with imprisonment for a term which
shall not be less than three months but which may extend to one year, or with
fine, or with both.
Whoever obstructs the Milk Commissioner or authorized officer or Milk Inspector
with an intention to prevent or deter the Milk Commissioner or authorized
officer or Milk Inspector from exercising his powers or discharging his duties,
or in consequence of anything done or attempted to be done by the officer in
the lawful exercise of his powers or discharge of his functions as such, or
whoever obstructs the entry of the Milk Commissioner or authorized officer or
Milk Inspector into any premises for inspection of any milk analyzer or any
document or record relating thereto or for any other purpose shall be punished
with imprisonment for a term which may extend to two years and for the second
or subsequent offence, with imprisonment for a term which may extend to five
years.
Whoever, uses or keeps for use any unverified Milk Analyzer shall be punished
with fine which shall not be less than Rs. 10,000/- but which may extend to
Rs.50,000/- and, for second or subsequent offence with imprisonment for a term
which may extend to one year and also with fine.
Whoever, uses or keeps for use any unverified Weight or Measure for Milk
Procurement shall be punished with fine which shall not be less than Rs.2,000/-
but which may extend to Rs. 10,000/- and, for second or subsequent offence with
imprisonment for a term which may extend to one year and also with fine.
No suit, prosecution or other legal proceedings shall be instituted against any
person for any act done in good faith or purported to have been done under this
Act or any rules made there under.
Any person acting under this Act shall be deemed to be a public servant within
the meaning of section 21 of the Indian Penal Code.
The authorized officer may, by order in writing direct any Milk Procurement
centre / BMCU/ Dairies to maintain such books, accounts and records relating to
his business and in such form as may be prescribed in the provisions of rules
of this Act.
Every holder of valid license shall submit yearly returns as prescribed in
duplicate in respect of any Milk Procurement centre/BMCU/ Dairies.
No additional staff shall be recruited for enforcement. The existing staff from
Animal Husbandry Department, APDDCF, Food Controller & Legal Metrology are
to be utilised.