Orissa act 010 of 1979 : Orissa Cattle and Poultry Feed (Regulation) Act, 1979

Section 1. Short title, extent and commencement

1. Short title, extent and commencement.- (1) This Act may be called the Orissa Cattle and Poultry Feed (Regulation) Act, 1979.

(2) It extends to the whole of the State of Orissa.

(3) It shall come into force on such date as the State Government may, by ²notification, appoint in that behalf.

Section 2. Definitions

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

(a) "Form" means a form specified in Schedule;

(b) "licensee" means a person to whom a licence has been granted for manufacturing or processing prefixed cattle feed or pre-mixed poultry feed;

(c) "licensing authority" means the person, a appointed by the State Government, by, notification, to exercise the powers and perform the functions-1 of a licensing authority under this Act or the rules made thereunder;

(d) "pre-mixed cattle feed" means any of the following articles namely:-

(i) ready-made mixed feed in the form of pellets, crumps or meals used for feeding bulls, cows, heifers, calves or dry cattle including special feeds for milch cows and bulls;

(ii) concentrates with the addition of prescribed quantities of locally available ingredients, such as, cereals and their by-products;

(e) "pre-mixed poultry feed" means any of the following articles, namely:-

(i) ready-made mixed feed in the form of pellets, crumps or meals used for feeding fowls, ducks, geese, turkey or pea-hens including feeds for chicks and laying’ birds;

(ii) concentrates with the addition of prescribed quantities of locally available ingredients;

(f) "prescribed" means prescribed by rules made under this Act.

Section 3. Licence to be obtained for manufacture of feed

3. Licence to be obtained for manufacture of feed.- Pre-mixed cattle feed or pre-mixed poultry feed shall not be manufactured or processed for purposes of sale by any person without a licence from the licensing authority.

Section 4. Licensing authority

4. Licensing authority.- The State Government may, by notification, appoint such number of officers as it thinks necessary, to be licensing authorities for the purposes of this Act having such local jurisdiction as may be specified in the notification.

Section 5. Application or licence

5. Application or licence.- (1) Every person desiring to obtain a licence under this Act shall make an application in duplicate to the licensing authority in Form ‘A’.

(2) Every application made under sub-section (1) shall be accompanied by the fee specified in section 6.

Section 6. Fees for licence

6. Fees for licence.- (1) The licence fee shall be sixty rupees payable alongwith the application for the grant of renewal of a licence.

(2) Where an application for the grant or renewal of a licence is rejected, the licence fee paid, by the applicant shall be refunded.

Section 7. Granting or refusal of licence

7. Granting or refusal of licence.- (1) The licensing authority may refuse to grant a licence to any applicant if,-

(a) the application is defective in any respect;

(b) the licence fee has not been paid;

(c) the applicant does not undertake to manufacture or process the feed in conformity with the provisions of this Act;

(d) the applicant is not solvent;

(e) at any time his licence was cancelled; or

(f) the applicant does not have the prescribed machineries.

(2) The licensing authority may refuse to renew a licence if,-

(a) the quality of feed manufactured or processed by the licensee has any time, been found to be not in conformity with the prescribed standard;

(b) the feed manufactured of processed by the licensee has, at any time been found to have been adulterated;

(c) the licensee has been irregular in manufacturing or processing feed; or

(d) due to consumption of the feed manufactured or processed by the licensee, any cattle or poultry is found to have been subjected to toxaemia or any other, poisonous effect.

(3) The licensing authority, while refusing to grant or renew a, licence, shall specify the Reasons for such refusal in this order and shall communicate the order to the applicant.

(4) Where an application for a licence is not rejected under subjection (1), the licensing authority shall grant the applicant a licence inform ‘B’:

Provided that where the licensing authority does not communicate to the applicant his order either granting or renewing or refusing to grant or renew the licence, within a period of four months of receiving the application, it shall be deemed that the licenee has been granted.

Section 8. Period or Validity of licence

8. Period or Validity of licence.- A licence granted under section 7 shall be valid for a period of one year from the date on which it is granted.

Section 9. Renewal of licence

9. Renewal of licence.- (1) A licensee desiring to renew the licence) shall, before the date of expiry of the licence, make an application for renewal in duplicate to the licensing authority in Form ‘C’ together with the fee specified in section 6.

(2) On receipt of such application together with the fee, the licensing authority may, unless it refuses to renew the licence, renew the same for a period of one year.

(3) Where an application for renewal of a licence is duly made within the time specified in sub-section (1), the licence shall continue to be effective till the date of passing of an order by the licensing authority on the application for renewal.

Section 10. Conditions regarding manufacture of feed

10. Conditions regarding manufacture of feed.- (1) The standard of feed manufactured or processed by a licensee shall be, as may be prescribed and every licensee shall be bound to adhere to the prescribed standard.

(2) No licensee shall manufacture any type of feed mentioned in Schedule I unless it conforms to the prescribed standard.

(3) The feed manufactured or processed by a licensee shall be tested in the prescribed manner.

Section 11. Requirement for packing, marketing and labelling

11. Requirement for packing, marketing and labelling.- (1) Every licensee and every other person acting on behalf of the licensee for the time being shall, in regard to the packing, marketing and labelling of the containers of pre-mixed cattle feed or premixed poultry feed, comply with the following requirements, namely:-

(a) every container in which any such feed is packed shall bear the number of the licence and such labels or marks as may, from time to time, be approved by the licensing authority for different categories of feed;

(b) each container in which such feed is packed shall specify a code number indicating the lot and the date of manufacture of the feed;

(c) the labels or marks shall not contain any statement, claim, design or device which is false or misleading in any particular concorning the feed contained in the container or concerning the quantity or value of the feed or in relation to the place of origin of the contentr.

(2) Without prejudice to the provisions of sub-section (1) the licensing authority, may, by order published in the official gazette, specify the requirments with regard to packing and marking of containers of cattle feed or poultry feed of any specified type or description and every licensee and every other person for the time being acting on behalf of the licensee shall comply with such requirements.

Section 12. Submission of returns

12. Submission of returns.- Every licensee shall, as soon as possible after the end of every year or on or before such date as the licensing authority may, by order, specify in this behalf, submit to the said authority a return in duplicate in the prescribed form in respect of each class of feed manufactured or processed by him during that year.

Section 13. Cancellation or suspension of licence

13. Cancellation or suspension of licence.- (1) The licensing authority may, after giving the licensee an opportunity of being hoard, cancel or suspend the licence on all or any of the following grounds, namely:-

(a) that the licence had been obtained by misrepresentation as to material particulars;

(b) that any of the provisions of this Act or any condition of the licence has been contravened.

(2) Every order made under this section shall be communicated by the licensing authority to the licensee.

Section 14. Appeal

14. Appeal.- Any person aggrieved by an order-

(a) refusing to grant or renew a licence; or

(b) cancelling or suspending a licence, may within sixty days from the date of communication of the order, prefer an appeal to the Secretary to the State Government in the Animal Husbandry Department whose decision thereon shall be final.

Section 15. Regulation of sale of feels

15. Regulation of sale of feels.- No person shall sell or expose for sale or despatch or deliver to any agent or broker for the purpose of sale any pre-mixed cattle feed or pre-mixed poultry feed which is not in conformity with the provisions of section 10 or the container of which is not packed and marked in the manner laid down in section 11.

Section 16. Power of licensing authority

16. Power of licensing authority.- (1) The licensing authority or any officer authorised by him in this behalf may, with a view to securing compliance with the provisions of this Act,-

(a) require any person to give any information in his possession with respect to the manufacture or disposal of any cattle feed or poultry feed manufactured of processed or sold by him;

(b) enter upon and inspect any premises where any cattle feed or poultry feed is manufactured or processed or is stocked or exhibited for sale, at any time during business hours with a view to satisfying itself or himself that provisions of this Act are being complied with;

(c) on giving a proper receipt, seize or detain any cattle feed or poultry feed manufactured, processed, marked or labelled otherwise than in accordance with the provisions of this Act or suspected to be manufactured, processed, marked, packed or labelled in contravention of the said provisions;

(d) seize or detain, on giving a proper receipt, any raw materials, documents, account books or other relevant evidence connected with the manufacture, processing or sale of cattle feed or poultry feed in respect of which he has reasons to believe that a-contravention of this Act has been committed;

(e) inspect any books or other documents relating to the manufacture, processing or sale of cattle feed or poultry feed;

(f) collect, on payment, of the price thereof, samples of cattle feed or poultry feed intended or exposed for sale or under despatch or delivered to any dealer, agent of broker for the purpose of sale and have such samples analysed at a laboratory selected for the purpose by the licensing authority;

(g) collect free of charge from any person manufacturing or processing cattle feed or poultry feed, on giving a proper receipt, samples of any such feed or any ingredients used in the processing of such feed in respect of which he has reasons to believe that any of the provisions of this Act has been contravened;

(h) by an order in writing, impose temporary ban on manufacture or processing or sale of any cattle feed or poultry feed in respect of which he has reasons to believe that any of the provissions of this Act has been contravened.

(2) The ban imposed under sub-section (1) shall remain in force for a period of three months or till the matter is finalised after enquiry, whichever is earlier.

(3) Every person, if so required by the licensing authority or the officer referred to in sub-section (1), shall be bound to afford all necessary facilities to the licensing authority or such officer for the purpose of enabling the licensing authority or such officer to exercise the powers under sub-section (1).

Section 17. Maintenance of records

17. Maintenance of records.- The licensing authority may, by order in writing, direct any dealer in cattle feed or poultry feed to maintain such books account and records relating to his business and in such form as may be prescribed.

Section 18. Compliance with the direction and orders of a licensing authority

18. Compliance with the direction and orders of a licensing authority.- Every person to whom any direction or order is issued by the licensing authority in pursuance of any of the provisions of this Act, shall be bound to comply with such direction or order and any failure on the part of such person to comply with such direction or order shall be deemed to be a contravention of this Act.

Section 19. Exemption

19. Exemption.- Nothing ill this Act shall apply to any cattle feed or poultry feed manufactured or processed by a person for the exclusive use in his own farm.

Section 20. Power to make rules

20. Power to make rules.- (1) The State Government may make rules for Carrying out all or any of the purposes of this Act.

(2) In particular and without prejudice to the generality of the foregoing powers they may make rules in respect of all matters expressly required or allowed by this Act to be prescribed.