the Andhra Pradesh Milk Procurement (protection of farmers) and Enforcement of Safety of Milk Standards Act, 2023.

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THE ANDHRA PRADESH MILK PROCUREMENT (PROTECTION OF FARMERS)
AND ENFORCEMENT OF SAFETY OF MILK STANDARDS ACT, 2023

(ACT 17 OF 2023)

ARRANGMENT OF SECTIONS

SECTIONS
CHAPTER - I

PRELIMINARY
1. Short title Extent and commencement

2. Definitions

3. Provisions of this Act to override provisions of any other law
CHAPTER - II

STANDARD MILK ANALYZER

4. Standard Milk Analyzer

5.  Calibration Verification and  Sealing of Milk Analyzers
CHAPTER - III

APPOINTMENT OF MILK COMMISSIONER, OTHER AUTHORIZED
OFFICERS AND MILK INSPECTOR

6. Appointment of Milk Commissioner other authorized officers   and Milk
Inspector

7. Powers and duties of the Milk Commissioner

8. Functions, Duties and Powers of the Authorized Officer

9. Functions, Duties and Powers of the Milk Inspector

10.   Forfeiture

 11.Liability of Milk Inspector in certain cases

12. Licence for the use of Milk Analyzer

      13. Licensing and regulation of Milk Procurement Centres

14. Licence for the Manufacturer dealer and other Service Personnel of Milk
Analyzer

15. Payment to the Milk Pourers

CHAPTE R-IV

OFFENCES AND PENALTIES

16.Penalty for use of non-standard Milk Analyzer at the Milk Procurement
Centre

17.Penalty for use of non-standard  Milk Analyzer at Milk Chilling Unit or
Bulk milk cooling unit

18. Penalty for use of non-standard Milk Analyzer at the Milk Processing
plant or Dairy Plant



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19.  Penalty for alteration of Milk Analyzer

20.   Penalty for procuring milk without license

21. Penalty for manufacturing or Dealing or attending to service of Milk
Analyzer without license

22. Penalty for manipulation of fat content or solid not fat

       23. Penalty for transactions in contravention of standard weight or
measure

       24.  Penalty for non-production  of documents, etc.,

25. Penalty for obstructing Milk Commissioner or Authorized Officer or Milk
Inspector

26.  Penalty for giving false information

27. Penalty for use of Un-verified Milk analyzer

28. Penalty for use of Un-verified Weight or Measure

29. Cognizance of offences

30. Offences by companies and power of Court to publish name, place of
business, etc., of companies convicted

31. Compounding of offences

32. Appeals

33. Power of State Government to make rules

CHAPTER -V
MISCELLANEOUS

34. Protection for action taken in good faith

35. Persons acting under this Act to be public servants

36. Maintenance of registers and records

37.  Submission of returns

40.   Power to remove difficulties



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THE ANDHRA PRADESH MILK PROCUREMENT (PROTECTION OF FARMERS)
AND ENFORCEMENT OF SAFETY OF MILK STANDARDS ACT, 2023

(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 DAIRY FARMERS AND
FOR THE PROTECTION OF THE CONSUMERS OF MILK AND THE
MATTERS CONNECTED THERE WITH ARE INCIDENTAL THERE TO.

Be it enacted by the Legislature of the State of Andhra Pradesh in the
Seventy fourth year of the Republic of India as follows:

CHAPTER - I
PRELIMINARY

1. Short title, Extent and commencement:- (1) This Act may be called
the Andhra Pradesh Milk Procurement (protection of farmers) and Enforcement
of Safety of Milk Standards Act, 2023.

     (2)   It extends to the whole of the State of Andhra Pradesh.

     (3)  It shall come into force on such date as the Government of Andhra
Pradesh may, by notification in the Official Gazette, appoint and different dates
may be appointed for different provisions of this Act.

2. Definitions:- In this Act, unless the context otherwise requires,-

(1)“Adulterant” means any material which is or could be employed for
making the milk unsafe or sub-standard or mis-branded or containing
extraneous matter.

(2) “Authorized Officer” means any officer appointed by the Milk
Commissioner and delegated with the specified powers of the Milk
Commissioner;

(3)“Bulk Milk Cooling Unit or Milk Chilling Centre” means a premises
where milk collected from different sources is cooled/chilling, storage.

(4) “Buyer” means a person who purchases milk for cash or deferred
payment  or any 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 Companies Act, 2013;
(Central Act No.18 of 2013.)

(7)“Dealer”, in relation to any Milk Analyzer, means a person, who carries
on, directly or otherwise, the business of buying, selling, supplying or
distributing any such Milk Analyzer, whether for cash or for deferred payment
or for commission, remuneration or other valuable consideration, and includes
a commission agent, an importer, a manufacturer, who sells, supplies,
distributes or otherwise delivers any Milk analyzer manufactured by him to any
person other than a dealer;

(8) “Government” means  the State Government;



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(9) “Licence” means licence granted under section 12

(10) “Manufacturer” in relation to milk analyzer, means a person who –

(i) manufactures milk analyzer,

(ii) manufactures one or more parts, and acquires other parts, of
such milk analyzer and, after assembling those parts, claims the
end product to be a milk analyzer manufactured by himself or itself,
as the case may be,

(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 manufactured by himself or
itself, as the case may be,

(iv) puts, or causes to be put, his own mark on any complete milk
analyzer made or manufactured by any other person and claims
such product to be a milk analyzer made or manufactured by
himself or itself, as the case may be;

(11)  “MILK” milk means lacteal secretion from cow or Buffalo. (derived
from complete milking of healthy milch 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 determining
the quality parameters specified by or under the ACT and includes
Electronic Milko tester/ Gerber tester/ Lactoscan analyzer/ Ultrasonic
Milk Analyzer/FTRI  Analyzer;

(13)“Milk Commissioner” means the Milk Commissioner appointed under
section 6;

(14)“Milk Processing Plant or Dairy Plant” means a premises where milk
is received, chilling of Milk, storage of Milk, Processing of milk,
standardization of milk and marketing of milk and milk products.

(15)“Milk Procurement” means collection of milk from the milk
producers/pourers at Milk centres.

(16) “Notification” means a notification published in  the  Official  Gazette;

(17) “Non-Standard Milk Analyzer” means a milk analyzer which does not
comply with the standards prescribed in the Act and the rules made
there under;

(18) “Person” includes,—

i. Any individual,

ii. Every department or office,

iii. Every organization established or constituted by Government,

iv. Every local authority within the territory of India,

v. a company, firm and association of individuals,

vi. trust constituted under an Act,

vii. every co-operative society, constituted under an Act,

viii. every other society registered under the Societies



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Registration Act, 1860 (Central Act No.21 of 1860);

(19) “Premises” includes—

i. A place where any business, industry, production or
transaction is carried on by a person, whether by
himself or through an agent, by Whatever name called,
including the person who carries on the business in
such premises,

ii. a ware house, godown or 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 under this Act;

(21) “Purchase” with its grammatical variations and cognate expressions,
means transfer of cash or deferred payment or any other valuable consideration
for milk;

(22) “Sale” 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;

(23) “Sample” means a sample of 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;

(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. Certifying such milk analyzers conforms to the standard specified
by or under this ACT, or

ii. Indicating that any mark which was previously made there are
certifying that milk analyzer conforms to the standards specified
by or under this Act, have been obliterated.

(27)“Standard Milk Analyzer” means a milk analyzer that complies with
the standards prescribed in the Act and the rules made there under;



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(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 sale, purchase,
exchange or any other purpose;

(30) “User” means the person who uses the milk analyzer in a premises for
the purpose of milk procurement, testing of milk quality at the milk chilling
centre, Bulk Milk Cooling Units, 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 variations and cognate expression,
includes, in relation to any milk analyzer, the process of comparing, checking,
testing or adjusting such milk analyzer with a view to ensuring such milk
analyzer conforms to the standards prescribed by the ACT and the rules made
there under.

(i) By milk itself, or its package thereof, which is composed, whether
wholly or in part, of poisonous or deleterious substance; or

(ii) By the article consisting 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 milk of any harmful substance of; or

(iv) By addition of a substance directly or as an ingredient which is   not
permitted; or

(v) By the 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 the milk being infected or infested with worms, weevils, or
insects; or

(viii) By the virtue of its being packed or kept under insanitary
conditions; or

(ix) virtue of its being misbranded or sub-standard or food containing
extraneous matter; or

(x) By virtue of its containing pesticides and other contaminants in
excess quantities specified by regulations.

3. Provisions of this Act to override provisions of any other Law:- The
provisions of this Act shall have effect not withstanding anything inconsistent
there with contained in any enactment other than this Act or in any instrument
having effect by virtue of any enactment other than this      Act.

CHAPTER II
STANDARD MILK ANALYZER



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4. Standard Milk Analyzer:- The physical characteristics, configuration,
constructional details, materials, working principle, performance, tolerances of
a standard milk analyzer shall be as may be prescribed.

5.  Calibration Verification and  Sealing of Milk Analyzers:- Every
person having any Milk Analyzer in his possession, custody or control  in
circumstances indicating that such Milk Analyzer is being, or is intended, or is
likely to be used by him in Milk procurement, shall, before putting such Milk
analyzer into such use, have such Milk Analyzer calibrated, verified and sealed
at such place and during such hours as a Milk Commissioner may, by general
or special order, specify in this behalf, on payment of such fee as may be
prescribed.

CHAPTER III

APPOINTMENT OF MILK COMMISSIONER, OTHER AUTHORIZED
OFFICERS AND MILK INSPECTOR.

6. 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.

7.   Powers and duties of the Milk Commissioner:- The Milk
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.



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(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.

8. Functions, Duties and Powers of the Authorized officer:- 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.

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.

(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.



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(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:

10. Forfeiture:-  (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



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may be prescribed.

11. Liability of Milk Inspector in Certain cases:- 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.

12. Licence for the use of Milk Analyzer:- 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.  Licensing and regulation of Milk Procurement Centers:-   (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.

14. License for the Manufacturer dealer and other Service  Personnel of
Milk Analyzer:-  (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.



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(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.

15. Payment to the Milk Pourers:- 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.

CHAPTE R-IV
OFFENCES AND PENALTIES

16. Penalty for use of non-standard Milk Analyzer at the Milk
Procurement Centre:- 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.

17.Penalty for use of non-standard  Milk Analyzer at Milk Chilling
Unit or Bulk milk cooling unit:-  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. Penalty for use of non-standard Milk Analyzer at the Milk
Processing plant or Dairy Plant:- 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



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subsequent offence, with imprisonment for a term   which may extend to two
years and also with fine.

19.  Penalty for alteration of Milk Analyzer:- 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.

20. Penalty for procuring milk without license:-  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.

21. Penalty for manufacturing or Dealing or attending to service of
Milk Analyzer without license:- 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.

22. Penalty for manipulation of fat content or solid not fat:- 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.

23. Penalty for transactions in contravention of standard weight or
measure:-  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;

24.  Penalty for non-production  of documents, etc.:- 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.

25. Penalty for obstructing Milk Commissioner or Authorized Officer
or Milk Inspector:- 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



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imprisonment for a term  which may extend to five years.

26.  Penalty for giving false information:- (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.

27. Penalty for use of Un-verified Milk Analyzer:- 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.

28. Penalty for use of Un-verified Weight or Measure:- 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.

29. Cognizance of offences:- (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.

30. Offences by companies and power of Court to publish name, place
of business, etc., of companies convicted:- (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



14

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.

31. Compounding of offences:-  (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.

32. Appeals:- (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



15

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.

33. Power of State Government to make rules:- (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



16

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.

CHAPTER -V
MISCELLANEOUS

34. Protection for action taken in good faith:- No suit, prosecution or
other legal proceedings shall be instituted against any person for any act done
in good faith or purported to have been done under this Act or any rules made
there under.

35. Persons acting under this Act to be public servants:- Any person
acting under this Act shall be deemed to be a public servant within the
meaning of section 21 of the Indian Penal Code (Central Act 45 of 1860).

36. Maintenance of registers and records:- The authorized officer may,
by order in writing direct any Milk Procurement centre / BMCU/ Dairies to
maintain such books, accounts and records relating to his business and in
such form as may be prescribed in the provisions of rules of this Act.

37.  Submission of returns:- Every holder of valid license shall submit
yearly returns as prescribed in duplicate in respect of any Milk Procurement
centre/ BMCU/ Dairies.

38. No additional staff shall be recruited for enforcement. The existing staff
from Animal Husbandry Department, APDDCF, Food Controller & Legal
Metrology are to be utilised.

39. (a) All the receipts shall be remitted to the Government duly creating a
separate Head of Account (HOA) under Animal Husbandry department.

(b)The Director, Animal Husbandry shall seek budget from Government for
equipment etc to enforce the Act.

(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.   Power to remove difficulties:-  (1) If any difficulty arises in giving
effect to the provisions of this Act, the State Government may, as occasion
requires, by order published in the Andhra Pradesh Gazette, make such
provision not in consistent with the provisions of this Act, as appear to be
necessary or expedient for removing the difficulty.

(2) Every order made under this section shall be laid, as soon as may be
after it is made, before the State Legislature.