Updated: Monday December 09, 2013/AlEthnien
Safar 06, 1435/Somavara
Agrahayana 18, 1935, at 09:41:38 PM
[1][1]The [2][2][
(W.P. Ordinance XXXVIII of
1963)
[
An
Ordinance to regulate the production and marketing of milk and milk products in
[3][3][the
Preamble.— WHEREAS it is expedient to
regulate the production and marketing of milk and milk products in certain
areas of [4][4][the
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][5][
(2) It extends to the whole of the province
of [6][6][the
(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][7][Provincial Government of the
(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][8][:]
[9][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][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 specefied;
(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][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][12][Federal Government].
22. Custody and
investment of funds.— (1) The Board may keep money in any treasury,
sub-treasury 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][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.—
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 to 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][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 sub-section (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][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][2]Substituted by the Punjab
Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of 1974), for “
[3][3]Ibid.
[4][4]Ibid.
[5][5]Ibid.
[6][6]Ibid.
[7][7]Substituted by the Punjab
Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of 1974), for “Government of
[8][8]Substituted for the full
stop, by the West Pakistan Laws (Amendment) Ordinance, 1965 (XXXIV of 1965).
[9][9]Added ibid.
[10][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][11]Substituted by the
[12][12]Ibid.
[13][13]Substituted by the
[14][14]Added by the
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