Chapter IV OFFENCES AND PENALTIES

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 imprisonment for a term which may extend to six months and also with fine.

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.

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 shall 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.

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, shall be punished with fine which may extend to fifty thousand rupees and with imprisonment for a term which shall not be less than six months but which may extend to five years.

Whoever being required to obtain license under this Act and the rules 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 imprisonment up to six months or both.

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 this Act, fails to obtain the licence shall be punished with a fine upto Rs.25,000/- 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.

Whoever during milk procurement pays less price to the dairy farmer showing less values of fat content or solids not fat 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 lakh or imprisonment up to six months or both.

Whoever in buying any article or thing by weight, measure or number, fraudulently 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; shall 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, or with fine, or with both;

Whoever, being required by or under this Act or the rules made there under, to produce any document or register before 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 imprisonment 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 fifty 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, or with both.

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, or whoever obstructs the entry of the Milk Commissioner or authorized officer or Milk Inspector into any premises for inspection of any milk analyzer or any document or record relating thereto or for any other purpose shall be punished with imprisonment for a term which may extend to two years and for the second or subsequent offence, with imprisonment for a term which may extend to five years.

(1) Whoever gives any information to the, Milk Commissioner or authorized officer which 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 the second or subsequent offence with imprisonment for a term which may extend to six months and also with fine. (2)However, being required by or under this Act so to do, submits a return or maintains any record or register which 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 which may extend to one year and also with fine.

Whoever, uses or keeps for use any unverified Milk Analyzer shall be punished with fine which shall not be less than Rs.10,000/- but which may extend to Rs.50,000/- and, for second or subsequent offence with imprisonment for a term which may extend to one year and also with fine.

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.2,000/- but which may extend to Rs.10,000/- and, for second or subsequent offence with imprisonment for a term which may extend to one year and also with fine.

(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973,- no court shall take cognizance of an offence punishable under the Act and the Rules made there under, except upon a complaint, in writing, 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.

(1) If an offence under this Act 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, shall 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. (2)Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to the neglect on the part of, any director, manager, secretary or other officer, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. (3)Where any company is convicted under this Act for contravention of any of the provisions thereof, it shall be competent for the Court convicting the company to cause the name and place of business of the company, nature of the contravention, the fact that the 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) Company means anybody corporate and includes a firm/society/union/Dairy or other association of individuals; and (ii) Director, in relation to a firm, means a partner in the firm.

(1) Any offence punishable under Section 16 to 24, Section 27 and Section 28 or any rule made there under may, either before or after the institution of the prosecution, be compounded, on payment to the Government of such sum as maybe prescribed. (2)The Milk Commissioner or the authorized officer as may be specially authorized by 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, which may be imposed under this Act for the offence so compounded. (3)Nothing in sub-section (1) shall apply to person who 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 on which 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.

(1) Subject to the provisions of sub-section(2), an appeal shall lie,— (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 the Authorized 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) Every such appeal shall be preferred within sixty days from the date on which the impugned order was made: Provided that the appellate 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 appellate authority shall, after giving the parties to appeal, a reasonable opportunity of being heard and after making such inquiry as it deems proper, make such order, as it may think fit, 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. (5)The Secretary/Principal Secretary/ Special Chief Secretary, may on its own motion or otherwise, call for and examine the record of any proceeding including a proceeding in appealing which any decision or order has been made, for the purpose of satisfying itself as to the correctness, legality or propriety of such decision or order and may pass such orders there on as it may think fit: Provided that no decision or order shall be varied under this sub- section so as to prejudicially affect any person unless such person has been given reasonable opportunity of showing cause against the proposed action.

(1) The State Government may, by notification make rules to carry out the provisions of the Act. (2)In particular and without prejudice to the generality of forgoing power such rules may provide for all or any of the following matters namely:- a) Licensing of Milk analyzers used in Milk procurement Centres, BMCUs and Dairies. b) Calibration or verification procedures of Milk Analyzers. c) Registers and records to be maintained by the Milk procurement Centres/ BMCUs and Dairies. d) Physical characteristics, construction details, equipment performances, tolerances, methods or procedure of test for the Milk Analyzers. e) The manner of disposal of Milk, Milk Analyzer and allied equipment. f) 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 making 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 comprised 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 shall, 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.