THE WEST PAKISTAN MILK BOARDS ORDINANCE, 1963. 

(W.P. ORDINANCE No. XXXVII OF 1963). 

                                                                                                [20^th November, 1963]

CONTENTS

PREAMBLE

SECTION
                                                            CHAPTER–I

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). 

                                                                                                [20^th November, 1963]

An 
ORDINANCE

to regulate the production and marketing of milk and milk

 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 
PRELIMINARY

(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 
ESTABLISHMENT OF MILK BOARD.

 (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 
FUNCTIONS AND POWERS OF THE BOARD.

            (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 
PLANS, PROJECTS AND SCHEMES.

CHAPTER-V
FINANCE.

            (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 
RULES AND REGULATIONS.

            (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 
SUPPLEMENTAL PROVISIONS.

(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.

            [11][Provided further that where a suit is instituted without-delivering or leaving such notice as is mentioned in sub-section (l), or before the expiration of the said period of two months, or 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 if any settlement as regard the subject matter of the suit is reached or the Board or other person referred to in sub-section (1) concedes the plaintiff’s claim, within the period of two months from the date of the institution of the suit].

            (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 
AUDIT AND ACCOUNTS

            (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 
DISSOLUTION

            (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.