Andhra Pradesh Milk Procurement (Protection of Farmers) and Enforcement of Safety of Milk Standards Act, 2023 (Act No. 17 of 2023)

Registered No. HSE/49. [Price : Rs.2-OO Paise YO~~a,g ~es~l!'~ THE ANDHRA PRADESH GAZETTE PARTIV-B EXTRAORDINARy PUBLISHED BYAUTHORITY N().171 AMARAVATI, . MONDAY, . lIe MAY, 2023. ANDHRA PRADESH ACTS, ORDINANCES AND . .REGULATIONS Etc., The following Act of theAndhra Pradesh Legislature received the assent of the Governor on the 25th April, 2023 and the said assent is hereby first published on the 1st May,2023 in the Andhra Pradesh Gazette.forgeneral in­ formation: ACT No. 17 of 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 DArRY FARMER$ AND FOR THE PROTECTION OF THE CONSUMERS OF MILK AND THE MAnERS CONNECTED THERE WITH ARE INCIDEt.4TALTHERE TO. Be it enacted by the Legislature of the State of Andhra Pradesh in the Seventy fourth year of the Republic of India as foHoWs: CHAPTER -I PRELIMINARY . . 1. . (1) This Act may be called the Andhra Pradesh Milk Procurement (protection of farmers) and Enforqem~nt of Safety of Milk StandardsAct, 2023. (2) It extends to the whole of the state ofAndhra Pradesh. . (3) It shall come into force on such.dateas the Government ofAndhra Pradesh may, by notification in the Official Gazette, appoint and different dates may be appointed for different provisions of thisAct. J-42/121 [1] . Short title, Extent and Wlitecelllllt ANDHRA PRADESH GAZETTE EXTRAORDINARY [PARTIV-B Definitions. central Act No.18 of .2013. 2. In this Act, unless the context otherwise requires, (1) "Adulteranf' meansanymaterialwhich isor could be employed for making the milk unsafe or sub-standard or mis-branded or containing . extraneousmatter. (2) "Authorized Officer" means any officerappointed by the Milk Commissioner and delegated ~ith the specified powers of the MilkCommissioner; (3) ."Bulk Milk"Cooling Unit or Milk Chilling Centre" means a premises where milk·collected from different sources is cooled Ichjfling•.•. . storage. . (4) "Buyer" means a p~rson who purchases rililk for cash or deferred payment or ~ny 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 CompaniesAct, 2013; (7) "Dealer", in relationto any MilkAnalyzer,means a person,who carries on, directly or otherwise, the business of buying, selling, supplying or distributing any such 'MilkAnalyzer,whether for cash or for deferred payment or for commission, remunerationor other valuable consideration, and includes a commission agent, an importer, a manufacturer, who sells, supplies, distributesor otherwisedeliversanyMilk'analyzermanufactured by~im to any person other than a dealer; (8), "Government" means the StateGovernment; (9) "Licence" means licence granted under section 12 (10) "Manufacturer" in relation to milk analyzer, means a person who (i) . manufacturesmil~analyzer, (ii) manufactures one or more parts, and acquires other parts, of such milk analyzerand, after assembling those parts, claims the end product to be a milk analyzer manufactured by himself or itself, as the case may be, 1stMay, 2023] ANDHRA PRADESH GAZETTE EXTRAORDINARY 3 . (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 anufactured by himself or itself, as the case maybe, (iv) puts, or causes to be put, his own mark on any complete milk analyzermade orm anufacturedby anyother personand claims such product to be a milk analyzer made or manufactured by himself or itself, as the case may be; (11) uMILK"means lacteal secretion from cow or Buffalo, (derived from complete milking of healthymilch 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 determiningthe quaTityparametersspecifiedby or underthe~CT and includes Electronic Milke tester/ Gerber testerl Lactoscan analyzerl Ultrasonic Milk Analyzer/FTRIAnalyzer; (13) "Milk Commiss.ioner" means the Milk Commissioner appointed under section 6; (14) "Milk ProcessingPlantor Dairy Plant"means a premises where milk is received, chil.lh1gof Milk, storage of Milk, Processing of milk, standardization of milk and marketing of milk and miJkproducts. (15) "Milk Procurement" means collection of milk from the milk producerslpourersat Milk centres. (16) "Notification" means a notification published in the Official Gazette; (17) "Non-StandardMilkAnalyzer'fmeans.a milk analyzer which... does not comply with the standards prescribed in theAct and the rules made thereunder, (18) "Person" includes, i. Any indiVIdual, ii. Every department or office, iii. Every organiZationestablished or constituted byGovernment, IV. Every local authority within the territory of India, 4 ANDHRA PRADESH GAZETTE EXTRAORDINARY [PARTIV-B v. a company, firm and association of individuals, . vi. trust constituted under anAct, vii. every co-operative society, constituted under an Act,. . viii. ·every other society registered under the Societies RegiStration . Act, 1860 (21 of 1860}; Central Act No.21 of 1860. (19) "Premises" includes: i. Aplace where any business, industry, production or transaction is carried on by a person, whether by himsetf or through an agent, by Whatever mime called, including the person who carries on the business in such premises, ii. a ware house, godOWnor 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 underthisAct; (21) "Purchase" with its grammatical variations and cognate expressions, ~eans transfer of cash or deferred payment or any other valu~le consideration for-milk; (22) "Sate'" with its grammatical variations ' and cognate expressions, means transfer of milk by one person to another for cash or for deferred payment or for any other valuable consideration; (~3) "Sample" means a sample OT 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; - . - ANDHRA PRADESH GAZETIE EXTRAORDINARY '5 (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. Certifyingsuchmilkanalyzersconformsto the standardspecified by or underthisACT,or ii. Indicating trat any markwhich was previously made there are. . certifyingthatmilkanalyzerconformstothestandardsspecifiedby or underthisAct, havebeenobliterated. . (27) UStandardMilk Analyzer"means a milk analyzer that complies with the standards prescribed in theAct 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 sate, purchase," .exchangeor any other purpose; (30) "User" means the personwho uses the milkanaJyzerin a premises for • ~. 10' the purpose of milk procurement, testing of milk quality at the milk chilling centre, Bulk Milk Cooling Uni~s,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 variationsand cognate expression, includes, in relation to any milk analyzer,the processof comparing. checking, testingor adjustingsuchmilkanalyzerwithaviewto ensuringsuchmilkanalyzer conforms to the standards prescribed by the ACT and the rules made there under, (i) Bymilk itself,or itspackagethereof,which iscomposed,whether wholly or in part,'of poisonous or deleterious substance; or • (ii) By the article consistinq 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 mifk of any.harmful substance of; or, (iv) By addition of a substance directly or as an ingredient which is not permitted; or 6· ANDHRA PRADESH GAZETTE EXTRAORDINARY [PARTIV-B Provisions of this Act to override provisions of any other law. Standard Milk Analyzer. Calibration, Verification and Sealing of Milk Analyzers. Appointment of Mi< Commissioner, other authorized officers and Milk Inspector (v) Bythe 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 themilkbeing infectedorinfestedwithworms,VJeevils, or insects; or (viii) By the virtue of its being packed or kept under insanitary. . Conditions;or (ix) ~rtue of itsbeingmisbrandedor sub-standardor food containing extraneousmatter; or (xl By virtue of its containing pesticides and other contaminants in excess quantities specified by regulatioos. 3. The provisions of this Act shall have effect not wittlstanding anything inconsistent therewith contained in any enactmentotherthan thisAct or inany instrument havingeffect by virtue of any enactment other than thisAct. CHAPTERII STANDARD MILKANALVZER 4.. The physical characteristics, confiquration, constructional details, materials, worki~g principle, performance, tolerances. ot"a standard milk. analyzer shall be as maybeprescribed: 5. Every person having any Milk Analyzer in his possession, custody or , control in circumstances indicating that .such Milk Analyzer is being, or is inte.nded.or is nkelytobe usedby him inMilkprocurement,shalt, beforeputting such Milk analyzer into such use, have such MilkAnalyzer calibrated, verified and sealed at such place and during such hours as a Milk Commissioner may,by general or special order,specify in this behatf,on payment of suchfee as may be prescribed. • cIiAPTERID Appointment ofMilkCommiSsioner,other authorized officers a~d Milk Inspector. 6. (1) Government of Andhra Pradesh. may, by notification, appoint Director ofAnimal Husbandry Department as Milk Commissioner. (2) Milk Commissioner may appoint DistrictAnimal Husbandry Officer as the authorized officer and delegate such powers as deem fit and such 1$1May, 2023J ANDHRA PRADESH GAZETIE EXTRAORDlNARY '7 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 thisAct 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 Central Act No. 45 " . •. of 1860. 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 officers and the Mflk lnspector 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 thisAct or any rule or order made there under. (7) The authorized officers and the Milk Inspector shaUexercise 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. 7. The Milk Commissioner shall perform all or any ~f the following functions namely, (i) Carry out the survey of the Milk procurement centresl BMCUsl Dairies engaged in the us~ge 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 prog fammes to the personnel of the office ofthe commissioner or any other personnel fltto. (iii) Ensure an efficient and uniform ilT!plementation of the standards and other requirements as specified and atso ensure a high standard of objectivity, accountability, practicability, transparency and credibility; Powers and duties of the Milk Commissioner. 8 ANDHRA PRADESH GAZETTE EXTRAORDINARY [PARTIV-B Functions. Duties 8.. and Powers of . the Authorized ,Officer. Functions, Duties and Powers of the Milk Inspector. (iv) Sanctionprosecutionfor'offenses punishablewith imprisOnment- .. under thisAct. (v) Such other functions as the StateGovernment may deem fit for effective implementation ofthe provisions oftheAct and Rules. The powers and duties of the Authorized Officer shall be as follows, namely. (i) to issue or suspend or cancel licence of Milk procurement Centres, BMCUs and Dairies; (ii) to prohibit the procurement of miikwhich is in cOntraventionof the provisions of this Act and rules made there under; (iii) to make' recommendations to the Milk Commissioner for , ..,. . sanctionjo launch prosecutions in case of contraventions punishablewith imprisonment, (iv) to sanctionor launch prosecutions in cases of contraventionsof non-compoundableoffenses; (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~ting in respectof any contravention of the provisions of thisAct and the rulesmade there under; (vii) to inves,tigate 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. 9. Functions, Duties and Powers of the Milk Inspector, (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, (it) The Milk Inspector shall issueveri~cation oertftcate to the user in the form as prescribed by the Rules and the validity of the verification certificate shall be as prescribed, (iii) TheMilk Inspectormay.if he hasany reasonto believe,whether , , , , ------------- - - - - - - - ANDHRA PRADESH GAZEITE EXTRAORDINARY 9 from any (i) informationgiven to himbyany personand taken down in writing or from personal knowledge or otherwise, that any violation of provisions in relationto procurement of milk has taken place or is intended to take place and in respect of which an offence punishable under this Act appears to have been, or is likely to be, committed in the course o.fmilk procurement. (a) Enter at any r-easonabletime 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 a~y record, register or other document or article which he has reason to believe mayfumish 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. . ' r. : - ··· '{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 section shall be carried out in accordance with the provisions of the Code of Criminal Procedure, 1973 (2 of 1974), rej~tingto 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 theAct and the rules made there under. vii) The Milk inspector may also check the quality parameters like fat, SNF and added water of the mi.lkprocured from the pourer with the help of calibrated analyzercarried by himwith a view to compare the results obtained by the person in charge of the milk procurement centre as perthe procedure prescribed. 10 ANDHRA PRADESH GAZETTE EXTRAORDINARY (PARTIV-B (viii) Themilk inspectormayalso check the weighing instrumentand theweights usedby themilkprocurement 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 ~afety Officer otthat.locatarea in the prescribedmanner and the Food Safety Officershallact on the informationprovidedby the Milk Inspector inaccordancewith the FoodSafety & StandardsAct 2006,Rules. . and Regulations made there under. Forfeiture. Where any books of account or other documents are seized • • under sub-section iii(b), the milk inspector shall, within a period notexceedingthirtydaysfromthe dateofseizure,retumthesame to the person from whom they were seized after copies thereof or extracts there from as certifiedby that person in suchmanner • asmay be prescribed by the Government have been.taken: 10. (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 10the StateGovernment: (x) Liability of Milk inspector in ertain cases. Provided that non-standard milk analyzer shall not be forfeited to the State Government if the person from whom such milk analyzer w~s seized get~ the same calibrated and verified within such time as .may be prescribed. (2) Everymilk 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. 11.' Any milk inspector exercising powers under this Act or the rules made there underwho (i) Vexatiously and without any reasonable ground seizes Milk analyzer and other equipment; (ii) commits any other act to the injury of any personwithout having reason to believe that such act is necessary for the executionof . his duty shalt 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 1"M~y,2023] ANDHRA PRADESH GAZETTE EXTRAORDINARY 11 , ' 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 rupee~ but may extend to one lakh rupees. 12. 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. 13. (1)No person shall commence or carry on any milkprocurement except under a license obtained for milk analyzer. (2) Any person desirous to commence or c~rry on any milk . procurement shall make an application or grant of a license to the authorized offcer insuch manner containing S' 'I'h oa rti"" uars and fees as rnav he specified.",.;. • u. .... ••• u.. .., Uti. ...."".J~ ,-,;.."fIooItl .~ .ju. ..t 7 tJ \J1 ...... y 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 shalt 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 renewal of licence is made before th~ 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 deceased's 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. Licence for the use ofMllk Analyzer. Licensing and regulation of Milk procurement Centres. 12 ANDHRA PRADESH GAZETTE EXTRAORDINARY [PARTN-B Licence for the Manufacturer, dealer and other service Personnel of " Milk Analyzer. Payment.to the Milk Pourers. 14. (1)Whoever manufactures or deals or attends to the servicing of any Milk analyzer used in the Milk Procurement Centre shall obtain Licence as prescribed in the Rules. (2) Any person desires to manufacture and deal or deal or carry out the servicingof MilkAnalyzerused inMilkProcurementCentres shallmake an application for grant of licence 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 licence or after giving application reasonable opportunity of being heard and for the reasons recorded in writing refuse to grant licence to the applicant, in the interest of public. (4) Everylicenceshallbe insuchfonn andsubjectto suchconditions as may be specified by rules. (5) An appeal against the order of rejection for the grant of license shall lie to the MifkCommissioner.: (6) A licenceunlesssuspendedor cancelledeartiershall be inforce for such period as may be specified by rules; Provided that if an application for a renewal of licence is made before the expiry of the period ~f validity of the licence, 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 deceased's personal representative or any other member of his family, until the expiryof =, (a) the period of three months beginF}ingwithhis death; or . (b) such longer period of not more than 6 'months as the authorized officer may allow. 15. The pourer shall be paid in accordance 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 Withreference to rate chart announced by the Unionl Dairy. 1st May,20231 ANDHRA PRADESH GAZETTE EXTRAORDINARY 13 CHAPTER IV . OFFENCES AND PENALTIES 16. 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. 17.. 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. 18. 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 shalf 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. 19. 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, shan be punished with fine which may extend to fifty thousand rupees and with imprisonment for a term w~ich shall not be less than six months ~ut which may extend to five years. 20. Whoever being required to obtain license under this A~t and the ruJes 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 lmprlsonment up to six months or both. ' 21. 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 t~is Act, fails to obtain the I!cence shall be punished with a ~ne upto RS.25,OOO/- 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. Penalty for use of I1OI'HItarIdarIIk Analyzer at the Milk Procurement Centre. Penalty for use of non-standard Milk A natyzer at Milk Chilling Unit orSulkmilk: cooling unit.. Penatr; for use of n-on-standard Milk Analyzer at the Milk Processing plant or .Daily Plant Penalty for alteration of MilkAnalyzer. Penalty for procuring milk"without license. Penalty for manufacturing or Dealing or attending to 5e.Moe of Milk AnaJ~T with' Qut ficense. 14.. ANDHRA PRADESH GAZETTE EXTRAORDINARY [PARTIV-B . Penalty for manipulation of fat content or solid not fat. Penalty for transactions in contravention of standard weight or measure. Penalty for non-production of documents, etc. Penalty for obstructing MlIk Commissioner or Authorized Officer or Milk Inspector. Penalty for giving false information. 22. \iVhoever during milk procurement pays less price to the dairy farmer showi~g less values of fat.content or solids not f~t 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 Jakhor imprisonment up to six months or both. 23. Whoever in buying any article or thing by weight, measure or number, fraudulentiy 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; shan 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, orwith fine, orWith both; 24. Whoever, being required by or under this Act or the rules made there under, to produce any document Of reqister ~efore 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 imprispnment 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 ~ 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, orwith both. 25~ 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, orwhoever obstructs the entry of the Milk Commissioner or authorized officer or Milk Inspector into any. premises for inspection of any r:nilkanalyzer or any document or record relating thereto or for any other purpose shall be punished with imprisonment for a term ~hich may extend to two years and for the second or subsequent offence. with imprisonment for a term which may extend to five years. 26. '(1) Whoever gives 811Yinformation to the, Milk Commissioner or authorized officerwhich 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 thesecond or subsequent offence with imprisonment for a term which may extend to six months and also with fine. 1ft.May, 2023] ANDHRA PRADESH GAZETTE EXTRAORDINARY. (2) However, being required by or under this Act so to do, submits a return or maintains any record or register whicn is false 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 whichmay extend to one year and also with fine. 27. Whoever; uses or keep:; for use any unverified MilkAnalyzer shall be punished with fine which shall not be Jess than Rs. 10,000/-; but which may extend to Rs.SO,OOD"I-and, for second 'or subsequent offenCewith imprisonment for a term which may extend to one year and also with fine. 28. 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,OOOI- but which may extend to Rs. 10,000/': and, for second orsubseqiJent offence with imprisonment for a term which may extend to onevear and also witf:l fine, 29. (1) Notwithstandinq anything contained in the Code of Criminal Procedure, 1973,- no oourt shall take cognizance of an offence punishable under the Act and the Rules made ther-e under, except upon a complaint, in writin~, 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. (30) (1) If an offence under thisf'.ct 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, shalf 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. Penalty for use of Un-verified Milk Analyzer. Penalty for use of Un-verified Weight or , Measure. Cognizance of offences Offences by companies and power of Court to publish name, place of business. etc.. of companies· . convicted. 16.. ANDHRA PRADESH GAZETTE EXTRAORDINARY [PARTIV-B Compoundi41g of Offences. (2) NotwithstandinganythingcontainedInsub-section(1),wherean offen~ under this Act has been committed by a company and it ls proved that the offence'has beencommittedwith theconsentorconnivanceof, or isattributable to the neglect on the part of, any director, manager, secretary or othe~officer, such director,·manager, secretary or other officer shall also be deemed to be guilty of that offence and shaJibe'liableto be proceeded against and punished aCcordingly. (3) Where any company is convicted under this Act for contravention of any of the prOvisionsthereof, it shall be competent for the Court cOnvictingthe company to cause the name and place of business of the companyr natureof the contravention, t~e fact thatthe 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. Companymeans anybodycorporateand includesa firm/societyl union/Dairy or other association of individuals; and ii. Director, in relation to a firm, means a partner in the firm. 31. (1) Any offence punishable under Section 16 to 24. Section27 and Section 28 or any rule made there under may, either before or after the im~titutionof the prosecution,be compounded,on payment to the Govemment of such sum as maybe prescribed. (2) The Milk Commissioner or the authorized officer as may be speciallyauthorizedby 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 J which may be imposed under this Act for the offence so compounded. 1st May, 2023] ANDHRA PRADESH GAZETIE EXTRAORDINARY ..17 (3) Nothing in sub-section (1) shall apply to personwho 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 onwhich 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 maybe, 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. 32. (1) Subject to the provisionsof sub-section(2),an appeal shalllie,- , appeals. (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 concerned district; (b) from every decision or order made by theAuthorized officer to the Milk Commissioner; (c) From every decision given by the Milk Commissioner to the Secretary/Principal Secretary/. Special Chief Secretary, AHDD&F Department. (2) Everysuch appeal shall be preferredwithin sixtydays from the date on « which the impugned order was made: Provided that the appetlate 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 appellateauthorityshall, after giving thepartiesto appeal, a reasonableopportunityof beingheardand aftermaking such inquiryas itdeems proper,makesuch order,as itmay think frt, 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. 18 • ANDHRA PRADESH GAlETTE EXTRAORDINARY [PARTIV-8 ~5) The Secretaryl Principal Secreta I " . its own motion or otherwise II~ ry. ~pecf.al Chief Secretary, may on " ,ca lor and examine th including a proceeding in ' , e record of any proceeding appealing which an d " made, for the purpose of sat' tv" y ecision or order has been . IS Ing Itself as t th propriety of such decision or ord doe correctness,. legality or er am may pass h may think fit: Provided that no d " sue orders there on as it , . eCIsion or order shall be ' section so as to preJ'udicially ad t . vaned under this sub-. . nec any person unle h given reasonable opportunity of showin ~s sue person has been9 cause against the proposed action 33 (1) The State Government ma b ' , . the pro . . . Y, Y notification make rules to carrv t VISions of the Act. ..1ou Power of state Government to make rules . ' (2). In particular and without prejudice to the generali of for . such rules mayprovide for allor anyof the followingmatt!s nam~~;-gpower a) Licensing of Milk analyzers used in Miik procurement Centres BMCUs and Dairies. . ' . Calibration or verification procedures of Milk Analyzers. Registers and records to be maintained by the Milk procurement Centres/ BMCUs and Dairies, Physical charaderistics, ~ details,equipment pertorrnances, tolerances, methods or procedure of test for the MilkAnalyzers. The manner of disposal of Milk, MilkAnalyzer and allied equipm~nt 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 maki~g 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 compri~ed 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 shan, 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. b) c) d) e) f) 151May,2023} GAZETTE EXTRAORDINARYANDHRA PRADESH " CHAPTER -V MISCELLANEOUS . her Ie al proceedings shall' be j'nstituted 34. No suit, prosecutIon or ot . iood faith or purported to have been a ainst any person for any act done In g, , 9 under this Act or any rules made there under. P.~ns acOng done bl'c servant uoder thiS Act to be erson acting under thisAct shall be deemed to be a pu I public servants. 35. Any p . f th Indian Penal Code. Central Act No.45 ofwithin the meaning of section 21 0 e . 1860, . der in writing direct any Milk, Maintenance of36 The authorized officer may, by or t d registers and . t I BMCUI Dairies to maintain such books, accoun s an records. Procurement cen re b cribed in the records relating to his business and in such form as may e pres , provisions of rules ofthis Act. . 37 . Every holder of valid license shall submit yearly returns as ~~escribed in duplicate in respect of any Milk Procurement centre/BMCUI Dames. 38. Noadditional staff shall be recruited for enforcement. The existing staff from Animal Husbandry Department, APDDCF, Food Controller & Legal Metrology are to be utilised. 39. (a) Anthe receiptsshall be remittedto theGovernmentduly creating a separate Head of Account (HOA) under Animal Husbandry department. (b) T'I19Director,Ani~ Husbandryshallseek budgetfrom Government forequiprnentetctoenforcetheAct. (c) The Milk Commissioner shall maintain books of accounts of income and expenditure and the annual audit of accounts of the Commissioner shall be done as per the Rules and Regulations in vogue. 40. (1) If any difficulty arises in givingeffectto the provisions of thisAct, the StateGovernmentmay,as occasion requires,byorder published intheAndhra PradeshGazette, make such provision not in consistent.withthe provisions of thisAct, as appear to be necessary or expedient for removing the difficulty. (2) Every order made under this section shall be 'ajd~as soon as may be after it is made, before the State Legislature.. G. SATYAPRABIIAKARA RAO, Secretary to Government, Legal and Legislative Affairs & Justice , LawDepartment. 19 Protection for action taken in good fait Submission of returns .• Power to remove difficulties Printed by the Commissioner of Printing arA.P. LegislativeAssembly Printing Press, Amaravati.