1THE 2[ PUNJAB] MILK BOARDS ORDINANCE, 1963
( XXXVIII of 1963)
( XXXVIII of 1963)
[20th November, 1963]
An
Ordinance
Ordinance
to regulate the production
and marketing of milk and milk products in 3[the Punjab]
Preamble.— WHEREAS it is expedient to regulate the production and marketing of
milk and milk products in certain areas of 4[ the Punjab];
AND WHEREAS the Provincial Assembly of
West Pakistan is not in session and the Governor of West Pakistan is satisfied
that circumstances exist which render immediate legislation necessary;
Now, THEREFORE, in pursuance of the
powers conferred on him under clause (1) of Article 79 of the Constitution, the
Governor of West Pakistan is pleased to make and promulgate the following
Ordinance:-
CHAPTER I
PRELIMINARY
1.
Short title,
extent and commencement.— (1) This Ordinance may be called the 5[Punjab] Milk Boards
Ordinance, 1963.
(2)
It extends to the whole of the province of 6[ the Punjab ].
(3)
This section shall come into force at once and the
remaining provisions shall come into force in such area or areas and on such
date or dates as Government may, by notification in the official Gazette,
specify in this behalf.
2.
Definitions.—
In this Ordinance, unless the context otherwise requires, the following
expressions shall have the meanings hereby respectively assigned to them, that
is to say—
(a)
“Board” means a Milk Board established under this
Ordinance;
(b)
“Chairman” means the Chairman of the Board;
(c)
“depot” means premises where milk or milk products are
processed, manufactured or sold by the Board;
(d)
“Government” means the 7[ Provincial Government of the Punjab];
(e)
“local area” means the area to which the provisions of
this Ordinance have been applied;
(f)
“member” means a member of the Board;
(g)
“milch animals” mean cows, buffaloes, sheep and goats;
(h)
“milk” means normal mammary secretion obtained from one
or more milkings of milch animals without any addition thereto or extraction
therefrom and includes milk treated to conform to such standard as may be
prescribed;
(i)
“milk products” means the products exclusively derived
from milk;
(j)
“owner” means owner of milch animals producing milk
used exclusively for his own household consumption;
(k)
“prescribed” means prescribed by rules made under this
Ordinance;
(l)
“producer” means a producer of milk, other than the
owner, who sells all or a part of milk produced by him;
(m)
“Project Director” means the Project Director appointed
under section 6; (n) “Scheme” means a scheme prepared under this
Ordinance.
CHAPTER II
ESTABLISHMENT OF MILK BOARD
3.
Establishment
and incorporation of the Board.— (1) As soon as may be after the
commencement of this Ordinance in any local area, there shall be established a
milk Board to carry out the purposes of this Ordinance in that area.
(2)
The Board shall be a body corporate having perpetual
succession and a common seal, with power, subject to the provisions of this
Ordinance, to acquire, hold and dispose of property, both movable and
immovable, and shall by the said name sue and be sued.
4.
Constitution
of the Board.— (1) The Board shall consist of such members as may be
appointed by Government.
(2)
A member shall, unless sooner removed by Government,
hold office for a term of three years and may be re-appointed for such period
or periods as Government may, from time to time, specify.
(3)
A casual vacancy shall be filled by Government and a
member appointed to such vacancy shall hold office for the unexpired term of
his predecessor.
(4)
The Board in discharging its functions shall be guided
by such directions as Government may, from time to time, give.
(5)
If the Board fails to obey any direction under
sub-section (4), Government may remove the members and reconstitute the Board 8[:]
9[Provided that no order
of removal shall be passed without giving the Board an opportunity of being
heard, and showing cause against the removal].
5.
Appointment
of Chairman.— (1) Government shall appoint one of the members to be the
Chairman.
(2)
The Chairman shall be the Chief Executive of the Board.
6.
Appointment
of Project Director.— (1) For each local area there shall be appointed by
Government a Project Director on such terms and conditions as may be determined
by Government.
(2)
The Project Director shall be responsible for the
execution of the schemes and the implementation of the decisions of the Board.
(3)
The Project Director shall be the Secretary of the
Board.
7.
Qualification
and removal of Chairman.— (1) No person shall be or shall continue to be a
member who—
(a)
is or has at any time been convicted of an offence
involving moral turpitude; or
(b)
is or has at any time been adjudicated insolvent; or
(c)
is or has at any time been disqualified for employment
in, or dismissed from, the service of the State; or
(d)
is a minor; or
(e)
is found to be a lunatic or of unsound mind; or
(f)
has direct financial interest in the matters falling
within the purview of the Board; or (g) has a bad reputation.
(2)
10[Government
may, after giving the Chairman or a member an opportunity of being heard and
showing cause against the proposed action, by order in writing, remove the
Chairman or the member, if he—]
(a)
refuses or fails to discharge or becomes, in the
opinion of Government, incapable of discharging his responsibilities under this
Ordinance; or
(b)
has, in the opinion of Government, abused his position
as Chairman or member; or
(c)
has knowingly acquired or continued to hold without the
permission in writing of Government directly or indirectly, or through a
partner, any share or interest in any contract or employment with or by or on
behalf of the Board or in any land or property which, in his knowledge, is
likely to benefit or has benefitted as a result of the operations of the Board;
(d)
has absented himself from three consecutive meetings of
the Board without the leave of Government in the case of Chairman, or of the
Chairman in the case of a member.
8.
Appointment
of officers, etc.— (1) The Board may appoint such officers, advisors and
servants as it considers necessary for the efficient performance of its
functions on such terms and conditions as it may deem fit in accordance with
the scheme approved by Government.
(2)
The Chairman may, in cases of urgency, appoint such
officers, advisors or servants and on such terms and conditions as he thinks
fit:
Provided that
every such appointment shall be reported to the Board without unreasonable
delay and shall not continue beyond six months unless approved by the Board.
9.
Fees and
T.A. for non-official Members.— A member, not being a Government servant,
shall be paid such fees and travelling allowance for attending meetings of the
Board as may be prescribed.
10.
Recruitment,
conditions of service and disciplinary powers.— (1) Procedure for the
appointment of officers and servants of the Board and the terms and conditions
of their service shall be such as may be provided by regulations.
(2)
Subject to rules and regulations, the Board shall be
competent to take disciplinary action against its officers and servants.
11.
Meetings of
the Board.— (1) The meetings of the Board shall be held at such times and
at such places and as often as may be necessary, so however that the Board
meets at least once in three months.
(2)
The quorum at a meeting of the Board shall be one half
of the total number of members, a fraction counting as one.
(3)
The meetings of the Board shall be presided over by the
Chairman, and in the absence of the Chairman by the member authorized by him in
writing in that behalf, or in default of such authorization, by the person
elected for the purpose, by the members present from amongst themselves.
(4)
All questions which come up before the Board at a
meeting shall be decided by a majority of votes. Each member including the
Chairman, shall have one vote, but in the event of equality of votes, the
Chairman shall have a second or casting vote.
(5)
The minutes of every meeting of the Board, stating
among other things the names of the members present, shall be drawn up and
recorded in a book to be kept for the purpose, and shall be signed by the
person presiding at the meeting and such book shall be open to inspection by
the members.
12.
Forwarding
of agenda, etc., to Government.— (1) The Chairman shall forward to
Government a copy each of the agenda, working paper and the minutes of every
meeting of the Board within fifteen days of the date on which the meeting is
held.
(2)
Government may require the Board to furnish—
(a)
any returns, statements, estimates, statistics or other
information regarding any matter under the control of the Board; or
(b)
a report on any such matter; and the Board shall comply
with any such requisition without undue delay.
13.
Delegation
of powers.— (1) The Board may delegate to the Chairman or any member,
Project Director or officer, any of its powers under this Ordinance or the
rules or regulations.
(2)
The Chairman may likewise delegate to any member,
Project Director or officer any of his powers, under this ordinance or the
rules or regulations, not being a power delegated to him by the Board under
sub-section (1).
CHAPTER III
FUNCTIONS AND POWERS OF THE BOARD
14.
Functions of
the Board and scheme.— (1) The functions of the Board shall be to ensure
that an adequate supply of milk and milk products of good quality is available
to the consumers of milk and milk products in the local area and for that
purpose to prepare and execute schemes for regulating production, marketing and
distribution of milk and milk products.
(2)
Without prejudice to the generality of the foregoing
provisions, any such scheme may provide for all or any of the following,
namely:-
(a)
purchase and collection of milk from the producers;
(b)
establishment of centres for the collection and testing
of milk;
(c)
haulage of collected milk to the factory and its
processing;
(d)
marketing, distribution and sale of milk and milk
products and establishment of depots therefor;
(e)
purchase, sale and distribution of concentrates and
fodder;
(f)
organizing the producers of milk on co-operative basis;
(g)
sale or letting for hire to the producers of milk and
milk products, any plant, machinery, vehicle or other equipment necessary for
the production of milk and milk products;
(h)
establishment of producers’ colonies where the
producers of milk can be removed and provided housing and other facilities for
themselves and their livestock;
(i)
acquisition and maintenance of lands, buildings,
plants, machinery, vehicles or other equipment required for any scheme or for
any other purpose of this Ordinance; (j)
stimulating dairy development or milk consumption.
(3)
A scheme prepared by the Board shall be submitted to
Government for approval and shall not be implemented or executed wholly or
partly before such approval has been obtained.
(4)
Government may sanction or may refuse to sanction, or
may return for reconsideration any scheme submitted to it or may call for such
further details or information about the scheme or may direct such further
examination of the scheme as it may consider necessary.
(5)
when a scheme has been approved by Government, the
Board shall, before proceeding to implement any part thereof, publish for
general information the scheme or its salient features in such manner as may be
prescribed.
15.
Power to
make Order.— (1) The Board may, with the previous approval of Government,
by Order published in the official Gazette and in such local newspapers as the
Chairman may think fit,—
(a)
fix the prices above which various grades or qualities
of milk or milk products shall not be sold;
(b)
prohibit production, marketing or sale of milk and milk
products, which are below such standard of quality as may be specified;
(c)
fix the prices above which various grades or qualities
of raw milk shall not be purchased;
(d)
require the registration of cattle with such authority,
in such manner and on payment of such fees, as may be specified;
(e)
prohibit the keeping of cattle except under such
conditions as may be specified;
(f)
require the registration of the producers of milk with
such authority, in such manner and on payment of such fees, as may be
specified;
(g)
prohibit distribution or sale, or collection for
distribution or sale of milk and milk products by any person except under and
in accordance with a licence issued in this behalf by such authority, in such
manner and on payment of such fees, as may be specified;
(h)
direct that all milk brought for sale from outside
shall be sold only to the Board in such manner or on payment of such fees and
at such places as may be specified;
(i)
provide for—
(i)
the prescription of methods to be followed in the
preparation, treatment, carriage, deposit, storage and sale of milk and milk
products;
(ii)
the inspection of premises, production plants, stores,
and anything used for any purpose specified in sub-clause (i) ;
(iii)
keeping of books and records by various categories of
persons engaged in any functions under this Ordinance;
(iv)
the labelling of milk and milk products;
(v)
the prescription of containers to be used for milk and
milk products.
CHAPTER IV
PLANS, PROJECTS AND SCHEMES
16.
Preparation
of plans.— Subject to the provisions of this Ordinance and the rules and
regulations, the Board shall, with the previous approval in writing of
Government, prepare outlines of a plan for the execution of its objectives.
17.
Development
schemes and projects.— The Board shall prepare schemes and projects on pro forma prescribed by Government for
development schemes and submit them for the approval of Government in such
manner as may be prescribed.
18.
Subsidiary
organisation.— The Board may set up special subsidiary organizations with
the prior approval of Government as may be necessary for execution of schemes
or projects or delegate or entrust to any such organization such of its powers
and functions as it thinks fit.
19.
Commercial
transactions.— The Board may enter into commercial transactions with any
person or organization.
CHAPTER V
FINANCE
20.
Milk Board
Fund.— (1) There shall be a fund to be known as the “Milk Board Fund”
vested in the Board which shall be utilized by the Board to meet charges in
connection with its functions under this Ordinance, including the payment of
salaries and other remunerations to the Project Director, officers, advisers
and servants of the Board.
(2)
The Milk Board Fund shall consist of— (a) grants
made by Government;
(b)
loans obtained from Government;
(c)
grants made by local bodies as required by Government;
(d)
loans obtained by the Board with the special or general
sanction of Government;
(e)
foreign aid and loans obtained with the previous
sanction of the 11[Federal
Government];
(f)
all fees, including the licence fees, received by the
Board; and (g) all other sums received by the Board.
21.
Power of the
Board to borrow money.— The Board shall be deemed to be a local authority
under the Local Authorities Loans Act, 1914 (IX of 1914), for the purpose of
borrowing money under that Act; and the making and execution of any scheme or
project under this Ordinance shall be deemed to be a work which such authority
is legally authorised to carry out; provided that no foreign loan shall be
obtained without the previous sanction of Provincial Government and the 12[ Federal Government ].
22.
Custody and
investment of funds.— (1) The Board may keep money in any treasury,
subtreasury or a bank approved by Government.
(2)
Nothing in sub-section (1) shall be deemed to preclude
the Board from investing any such moneys as are not required for immediate
expenditure in any of the securities described in section 20 of the Trusts Act,
1882 (Act II of 1882), or placing them in fixed deposit with a bank approved by
Government.
23.
The budget.—
The Board shall prepare its annual budget estimates and submit the same to
Government by the prescribed date and Government may modify the said estimates
to such extent as it may consider necessary.
CHAPTER VI
RULES AND REGULATIONS
24.
Power to
make rules.— (1) Government may, by notification in the official Gazette,
make rules for the purpose of giving effect to the provisions of this
Ordinance.
(2)
In particular, and without prejudice to the generality
of the foregoing power, such rules may provide for—
(a)
the carrying out of continuous evaluation by Government
of the work of the Board;
(b)
the re-appropriation of funds within the sanctioned
budget;
(c)
the maintenance of liaison between the Board and other
bodies and authorities concerned with administration and development, including
the local councils constituted under the Basic Democracies Order, 1959 (P.O. 18
of 1959);
(d)
the powers, duties and functions of the Project
Director; and
(e)
any other matter required by the provisions of this
Ordinance to be prescribed.
25.
Power to
make regulations.— (1) Subject to the provisions of this Ordinance and the
rules, the Board may, by notification in the official Gazette, and with the
previous approval in writing of Government, make regulations for carrying out
the purposes of this Ordinance.
(2)
In particular and without prejudice to the generality
of the foregoing power, such regulations may provide for—
(a)
the appointment of committees to consider particular
matter or matters;
(b)
the investment of money by the Board;
(c)
the meetings of the Board;
(d)
methods of ensuring continuous evaluation by the Board
of its schemes and
projects;
(e)
the determination of the terms and conditions of
service of the officers and servants of the Board;
(f)
the mode of operation and expenditure of the funds of
the Board; and
(g)
any other matters required by the provisions of this
Ordinance to be provided by regulations.
CHAPTER VII
SUPPLEMENTAL PROVISIONS
26.
Chairman,
etc., deemed public servants.— The Chairman, every member, the Project
Director and every officer, adviser and servant of the Board shall be deemed to
be a public servant within the meaning of section 21 of the Pakistan Penal Code
(XLV of 1860).
27.
Contribution
by the Board towards leave, allowances and pension of Government servants.—
The Board shall be liable to pay such contributions for the leave, allowances
and pension of any person in the services of Government or the 13[Federal Government]
and employed as Project Director, adviser, officer or servant of the Board as
may be required by the conditions of his service under such Government, to be paid
to him or on his behalf.
28.
Penalties.—
Whoever contravenes or fails to comply with any order made under section 15
shall be punished with imprisonment for a term not exceeding six months or with
fine not exceeding one thousand rupees or with both.
29.
Authority
for prosecution.— No Court shall take cognizance of any offence punishable
under this Ordinance, except on the complaint of the Chairman or some person
authorised by the Board or by the Chairman by general or special order in this
behalf.
30.
Recovery of
dues.— The Chairman or any person generally or specially authorized by him
may apply to the competent authority for the recovery of any sum due under this
Ordinance or by agreement made under this Ordinance and the said authority
shall thereupon proceed to recover the sum as if it were an arrear of land
revenue.
31.
The powers
of the Chairman as to institution, etc., of legal proceedings and obtaining
legal advice.— The Chairman may, subject to the control of the Board— (i) institute, defend or withdraw from
legal proceedings under this Ordinance;
(ii)
compound any offence against this Ordinance;
(iii)
admit, compromise or withdraw any claim made under this
Ordinance; and
(iv)
obtain such legal advice and assistance as he may, from
time to time, deem it necessary or expedient to obtain or as he may be desired
by the Board to obtain, for any of the purposes referred to in the foregoing
clauses of this section, or for securing the lawful exercise or discharge of
any power or duty vested in or imposed upon the Board or any officer or servant
of the Board.
32.
Indemnity of the Board, etc.— No suit shall be
maintainable against the Board, the Chairman, Project Director or any officer,
adviser or servant of the Board, or any person acting under the direction of
the Board, or of the Chairman, Project Director or any officer or servant of
the Board in respect of anything done lawfully and in good faith and with due
care and attention under this Ordinance.
33.
Notice of
suit against the Board.— (1) No suit shall be instituted against the Board,
the Chairman, Project Director, any person associated with the Board, or any
officer, adviser or servant of the Board, or any person acting under the
direction of the Board or for the Chairman, Project Director or any officer or
servant of the Board in respect of an act purporting to be done under this
Ordinance, until the expiration of two months next after notice in writing has been, in the case of the Board
left at its office, and in any other case delivered to or left at the office or
place of abode of person to be sued, explicitly stating the cause of action,
the nature of the relief sought, the amount of compensation claimed, and the
name and place of abode of the intending plaintiff; and in case the suit is
filed, the plaint shall contain a statement that such notice has been so
delivered or left:
14[Provided that where
any such suit is instituted without delivering or leaving such notice as
aforesaid or before the expiration of the said period of two months or where
the plaint does not contain a statement that such notice has been so delivered
or left, the plaintiff shall not be entitled to any costs].
(2)
If the Board or other person referred to in sub-section
(1) shall, before the action is commenced, have tendered, in the opinion of the
Court, sufficient amends to the plaintiff, the plaintiff shall not recover any
sum in excess of the amount so tendered and shall also pay all costs incurred
by the defendant after such tender.
(3)
No action such as is described in sub-section (1),
shall, unless it is an action for the recovery of immovable property or for a
declaration of the title thereto be commenced otherwise than within six months
next after the accrual of the cause of action:
Provided that
nothing in sub-section (1) shall be construed to apply to a suit wherein the
only relief claimed is an injunction of which the object would be defeated by
the giving of the notice or the postponement of the commencement of the suit or
proceedings.
34.
Mode of
proof of the Board’s records.— A copy of any receipt, application, plan,
notice, order, entry in a register or other documents in the possession of the
Board shall, if duly certified by the legal keeper thereof, or other person
authorized by the Board in this behalf, be received as prima facie evidence of the existence of the entry or document and
shall be admitted as evidence of the matter and transaction therein recorded in
every case where and to the same extent, as the original entry or document
would, if produced, have been admissible to prove such matters.
35.
Restriction
in the summoning of the Board servants to produce documents.— Neither the
Chairman nor the Project Director, any adviser, officer, or servant of the
Board shall in any legal proceedings to which the Board is not a party be
required to produce any register or documents the contents of which can be
proved under the preceding section by a certified copy, or to appear as a
witness to prove the matters and transactions, recorded therein unless by order
of the Court made for special cause.
36.
Validation
of acts and proceedings.— (1) No act done or proceedings taken under this
Ordinance shall be questioned on the ground merely of—
(a) the existence of any vacancy in, or any
defect in the constitution of the Board; or (b) any person having ceased
to be a member has continued to act as such; or (c) any omission,
defect or irregularity not affecting the merits of the case.
(2)
Every meeting of the Board, the minutes of the
proceedings of which have been duly signed as prescribed in clause (5) of
section 11 shall be taken to have been duly convened and to be free from all
defects and irregularities.
37.
General
powers of the Board to pay compensation.— In any case not otherwise
expressly provided for in this Ordinance, the Board may with the prior approval
of Government pay reasonable compensation to any person who sustains damage by
reason of the exercise of any of the powers vested under this Ordinance in the
Board or the Chairman, Project Director or any officer or servant of the Board.
CHAPTER VIII
AUDIT AND ACCOUNTS
38.
Accounts and
Audit.— (1) The Board shall maintain proper accounts and other relevant
records and prepare annual statement of accounts including the profit and loss
account and balance-sheet in accordance with such general directions as may be
issued, and in such form as may be specified by Government in consultation with
the Accountant-General, West Pakistan or the Comptroller and Auditor-General,
hereinafter in this section referred to as the Auditor-General.
(2)
The accounts of the Board shall be audited by an auditor
who shall be chartered accountant within the meaning of the Chartered
Accountants Ordinance, 1961 (X of 1961), and appointed for the purpose by the
Board with the previous approval in writing of Government.
(3)
Notwithstanding, the audit provided for in sub-section
(2), the Auditor-General shall audit or cause to be audited the accounts of the
Board.
(4)
The Board shall produce all accounts books and
connected documents and furnish such explanation and information as the
Auditor-General may require at the time of audit.
(5)
A statement of its accounts audited by the chartered
accountant referred to in subsection (2) shall be forwarded to Government by
the Board as soon as possible after the end of every financial year.
39.
Annual
report.— The Board shall, as soon as possible after the end of every
financial year, submit an annual report to Government on the conduct of its
affairs for that year.
CHAPTER IX
DISSOLUTION
40. Dissolution of
the Board.— (1) Government may, by notification in the official Gazette
declare that a Board shall be dissolved from such date as may be specified in
the notification and thereupon the Board shall stand dissolved on that date.
(2) From the said date—
(a)
all properties, funds and dues which immediately before
the said date were vested in or were realizable by the Board shall vest in and
be realizable by Government;
(b)
all liabilities which immediately before the said date
were enforceable against the Board shall be assumed by, and be enforceable
against Government; and
(c)
for the purpose of completing the execution of any
scheme or project sanctioned under this Ordinance which has not been fully
executed by the Board and of realizing properties, funds and dues referred to
in clause (a) the functions of the
Board shall be discharged by Government.
1
This Ordinance was promulgated by the Governor
of West Pakistan on 20th November, 1963; approved by the Provincial Assembly of
West Pakistan, on 30th December, 1963, under clause (3) of Article 79 of the
Constitution of the Islamic Republic of Pakistan (1962); and, published in the
West Pakistan Gazette (Extraordinary), dated : 30th December, 1963, pages
4829-H to 4829-U.
2
Substituted by the
Punjab Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of 1974), for “West Pakistan”.
3
Ibid.
4
Ibid.
5
Ibid.
6
Ibid.
7 Substituted by the Punjab Laws (Adaptation) Order,
1974 (Pb. A.O. 1 of 1974), for “Government of West Pakistan”.
8
Substituted for the
full stop, by the West Pakistan Laws (Amendment) Ordinance, 1965 (XXXIV of
1965). 9
Added ibid. 10
Substituted by the West
Pakistan Laws (Amendment) Ordinance, 1965 (XXXIV of 1965), for the words
“Government may, by order in writing, remove the Chairman or a member if he”.
11
Substituted by the
Punjab Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of 1974), for “Central Government”.
12
Ibid.
13
Substituted by the
Punjab Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of 1974), for “Central
Government”. 14 Added by the Punjab Milk Boards (Amendment)
Ordinance, 1985 (XXVI of 1985).
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