The West Pakistan Milk Board Ordinance, 1963
Download FeedBackDepartment: | Agriculture ,Livestock and Cooperation Department | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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Main Category: | Ordinance | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Specific Category Name: | Agriculture | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Year | 1963 | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Promulgation Date: | 20-11-1963 | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Details: | THE
WEST PAKISTAN MILK BOARDS ORDINANCE, 1963. (W.P.
ORDINANCE No. XXXVII OF 1963). [20th
November, 1963] CONTENTS
PRELIMINARY. 1.
Short title, extent and
commencement. 2.
Definitions. CHAPTER–II ESTABLISHMENT
OF MILK BOARD. 3.
Establishment and incorporation of
the Board. 4.
Constitution of the Board. 5.
Appointment of Chairman. 6.
Appointment of Project Director. 7.
Qualification and removal of
Chairman. 8.
Appointment of officers, etc. 9.
Fees and T.A. for non-official
Members. 10. Recruitment, condition of service
and disciplinary powers. 11. Meetings of the Board. 12. Forwarding of agenda, etc., to
Government. 13. Delegation of powers. CHAPTER-III FUNCTIONS
AND POWERS OF THE BOARD. 14. Functions of the Board and scheme. 15. Power to make Order. CHAPTER-IV PLANS,
PROJECTS AND SCHEMES. 16. Preparation of plans. 17. Development Scheme and Projects. 18. Subsidiary organization. 19. Commercial transactions. CHAPTER-V FINANCE. Sections. 20. Milk Board Fund. 21. Power of the Board to borrow money. 22. Custody and investment of funds. 23. The budget. CHAPTER-VI
RULES
AND REGULATIONS. 24. Powers to make rules. 25. Power to make regulations. CHAPTER-VII
SUPPLEMENTAL
PROVISIONS. 26. Chairman, etc. deemed public
servants. 27. Contribution by the Board towards
leave, allowances and pension of Government Servants. 28. Penalties. 29. Authority for prosecution. 30. Recovery of dues. 31. The powers of the Chairman as to
institution, etc., of legal proceedings and obtaining legal advice. 32. Indemnity to the Board, etc. 33. Notice of suit against the Board. 34. Mode of proof of the Board’s
records. 35. Restriction in the summoning of the
Board servants to produce documents. 36. Validation of acts and proceedings. 37. General powers of the Board to pay
compensation. CHAPTER-VIII
AUDIT
AND ACCOUNTS. 38. Accounts and Audit. 39. Annual report. CHAPTER-IX
DISSOLUTION 40. Dissolution
of the Board.
THE
WEST PAKISTAN MILK BOARDS ORDINANCE, 1963. (W.P.
ORDINANCE No. XXXVII OF 1963). [20th
November, 1963] An
products in West Pakistan.
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
(2) It
extends to the whole of the [1][Province
of the Khyber Pakhtunkhwa] except the Tribal Areas. (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.
(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 Government of [2][Khyber
Pakhtunkhwa]; (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” means 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
(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.
(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
given under section (4), Government may remove the Members and reconstitute the
Board [3][
: ] [4][Provided
that no order of removal shall be passed without giving the Board an
opportunity of being heard and showing cause against the removal].
(2)
The
Chairman shall be the chief executive of the Board.
(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.
(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. [5][(2)
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 operation 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]
(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.
(2)
Subject to rules and regulations, the
Board shall be competent to take disciplinary action against its officers and
servants.
(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.
(2) Government may require the Board to furnish— (a)
any return, 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.
(2) The Chairman may likewise
delegate to any Member, Project Director or officer any of his powers, under
this Ordinance or the rules or regul-ations, not being a power delegated to him
by the Board under sub-section (1). CHAPTER-III
(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
therefore; (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 feature in such manner as may be prescribed.
(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
CHAPTER-V
(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 [6][Federal]
Government; (f)
all fees, including the licence
fees, received by the Board; and (g) all
other sums received by the Board.
(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 Trust Act, 1882 (Act No. II of 1882), or placing them in
fixed deposit with a bank approved by Government.
CHAPTER-VI
(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 [8][bodies
constituted under any law relating to local government for the time being in
force]. (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.
(g) 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 moneys 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
(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.
(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 or which the object would be defeated by the giving of the notice of
the postponement of the commencement of the suit or proceedings.
(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.
CHAPTER-VIII
(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. (Ordinance No. 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.
CHAPTER-IX
(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 asssumed 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]
Substituted vide Khyber Pakhtunkhwa Act No. IV of 2011. [2]
Substituted vide Khyber Pakhtunkhwa Act No. IV of 2011. [3]
Substituted vide W.P. Ordinance No. XXXIV of 1965. [4] Added vide W.P. Ordinance No. XXXIV of 1965. [5]
Substituted vide W.P. Ordinance No. XXXIV of 1965. [6] Substituted
vide Khyber Pakhtunkhwa Adaptation of Laws Order,1975. [7] Substituted
vide Khyber Pakhtunkhwa Adaptation of Laws Order,1975. [8]
Substituted vide Khyber Pakhtunkhwa Adaptation of Laws Order,1975. [9] Substituted
vide Khyber Pakhtunkhwa Adaptation of Laws Order,1975. [10] Substituted
vide Khyber Pakhtunkhwa Ordinance No. III of 1985. [11]
Added vide Khyber Pakhtunkhwa Ordinance No. III of 1985. [12]
Omitted vide Khyber Pakhtunkhwa Adaptation of Laws Order, 1975. |