Chapter III APPOINTMENT OF MILK COMMISSIONER, OTHER AUTHORIZED OFFICERS AND MILK INSPECTOR

(1) Government of Andhra Pradesh may, by notification, appoint Director of Animal Husbandry Department as Milk Commissioner. (2)Milk Commissioner may appoint District Animal Husbandry Officer as the authorized officer and delegate such powers as deem fit and such 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 this Act 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 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 Milk Inspector 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 this Act or any rule or order made there under. (7) The authorized officers and the Milk Inspector shall exercise 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.

Commissioner shall perform all or any of the following functions namely, - (i) Carry out the survey of the Milk procurement centres/ BMCUs/Dairies engaged in the usage 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 programmes to the personnel of the office of the commissioner or any other personnel fit to. (iii) Ensure an efficient and uniform implementation of the standards and other requirements as specified and also ensure a high standard of objectivity, accountability, practicability, transparency and credibility; (iv) Sanction prosecution for offenses punishable with imprisonment under this Act. (v) Such other functions as the State Government may deem fit for effective implementation of the provisions of the Act 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 milk which is in contravention of the provisions of this Act and rules made there under; (iii) to make recommendations to the Milk Commissioner for sanction to launch prosecutions in case of contraventions punishable with imprisonment; (iv) to sanction or launch prosecutions in cases of contraventions of non-compoundable offenses; (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 writing in respect of any contravention of the provisions of this Act and the rules made there under; (vii) to investigate 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.

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. (ii) The Milk Inspector shall issue verification certificate to the user in the form as prescribed by the Rules and the validity of the verification certificate shall be as prescribed. (iii) The Milk Inspector may, if he has any reason to believe, whether from any information given to him by any person and taken down in writing or from personal knowledge or otherwise, that any violation of provisions in relation to 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 of milk procurement. (a) Enter at any reasonable time 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 any record, register or other document or article which he has reason to believe may furnish 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. (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), relating to 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 the Act and the rules made there under. (vii) The Milk inspector may also check the quality parameters like fat, SNF and added water of the milk procured from the pourer with the help of calibrated analyzer carried by him with a view to compare the results obtained by the person in charge of the milk procurement centre as per the procedure prescribed. (viii) The milk inspector may also check the weighing instrument and the weights used by the milk procurement 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 Safety Officer of that local area in the prescribed manner and the Food Safety Officer shall act on the information provided by the Milk Inspector in accordance with the Food Safety & Standards Act 2006, Rules and Regulations made there under. (x) Where any books of account or other documents are seized under sub-section iii(b), the milk inspector shall, within a period not exceeding thirty days from the date of seizure, return the same to the person from whom they were seized after copies thereof or extracts there from as certified by that person in such manner as may be prescribed by the Government have been taken:

(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 to the State Government: Provided that non-standard milk analyzer shall not be forfeited to the State Government if the person from whom such milk analyzer was seized gets the same calibrated and verified within such time as may be prescribed. (2) Every milk 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.

Any milk inspector exercising powers under this Act or the rules made there under who – (i) Vexatiously and without any reasonable ground seizes Milk analyzer and other equipment; (ii) commits any other act to the injury of any person without having reason to believe that such act is necessary for the execution of his duty shall 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 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 rupees but may extend to one lakh rupees.

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.

(1) No person shall commence or carry on any milk procurement except under a license obtained for milk analyzer. (2)Any person desirous to commence or carry on any milk procurement shall make an application or grant of a license to the authorized officer in such manner containing such particulars and fees as may be specified 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 may be specified by rules. (5)An appeal against the order of rejection for the grant of license shall 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 the 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.

(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 servicing of Milk Analyzer used in Milk Procurement Centres shall make 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) Every licence shall be in such form and subject to such conditions as may be specified by rules. (5) An appeal against the order of rejection for the grant of license shall 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 the expiry of the period of 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 expiry of – (a)the period of three months beginning with his death; or (b) such longer period of not more than 6 months as the authorized officer may allow.

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 with reference to rate chart announced by the Union/Dairy.