LexThe Odisha Cattle and Poultry Feed (Regulation) Act, 1978
Odisha · state statute
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PRS or any persons connected with it shall not be in any way responsible for any loss, damage, or distress to any person on account of any action taken or not taken on the basis of this document. The Orissa Cattle and Poultry Feed (Regulation) Act, 1978 Act 10 of 1979 Keyword(s): Pre-Mixed Cattle Feed, Pre-Mixed Poultry Feed ORWA ACT 10 OF f 9% THE ORISSA CAlTLE AND POULTRY FEE& (REGULATION) ACT, I979 CONTENTS I. Short. title, cxtent and commencement 2. Definitions 3. Eiccnce to be obtained for manufacture of reed 4. Licensing authority 5. Application for licence 6. Pees for licence 7. Granting or refusal of Licence 8. Period of validity of Iiccnce 9. Rencwaliof licence 10. Conditions regarding mnnufiicture oP feed I I. Requirements for packing, marketing and 1abelIing 12. Submission of returns 13, Cancellation or snspension of licenc e 14. Appeal 15. Regulation of sale of feeds 16. Powers of licensing authority 17. Maintenance of records 18. Compliance with the direction and orders of a licensing authority 19. Exemption 20. Power to make rules '[T~.?,DlUSS& CATI'Li AND ' IPO~TRY FE;Ep~QU?,GUX;ATI.O~''ACT, ,19791 [Received the. assent of (he Goveriror on the 30th Muicii 1979, :first- published bl-~iz : .extra: ordin&y issue- of ~fhe'Oiissa "Gazette, dated ihe'31.d ApPiZ, .'1979'] i AN ACT TO PROVIDE FOR THE REGULATION OP P~muCffIm 'm QUAkmY. ''OF ',CATTLE: -AND : POULTRY' 'FEED'fN-THe.STATE OF ORISSA Wit enaisted byitbe Legishture - . of..! the. State of OrihJ'fi ;theq~~~?fe'fh Yiiae af 1 lhe- .R&pu.blic of India, as faU,o;m+ .- I. '(1) This Act may be caTIed he - Orissa Cattle short title, and Poultry Feed (Regulation) Act, 1979. extcnt and comrnence- ment. (21, It exl'etlds'tb-the whole of the 3tat.c- of Orissa. (3) It shall coins into force .on such date as the State Government may, by notilicatio~~, appoint in tb&~behalf. 2. In this Act, unless the context otherwise Definitions reqUirc3s;- (a)..F-+F$m'?; me=:..:a ,- form specified:: in,- Sche;dule'-)H; -. (6) "licen~ee" means a peison'- to w&dm '2 : licence .has been .gritnted. -fo~, rnanuh~tur ing or -processin$ pre;mixed .<at tlc,'fecd or, ,p re- mixed. poul try .feed; : . (c): "licensing - authority''-. mea,ns-'.thc.! ,person, ,I appointed by the State Gov~~nruent . by : notification, to exercise the powers and pe*fbrm the . fun~r~om;::. of - a .: Iicenshg ., autfiddy.nn@e~:this Acpor. .the rafes; madot. thereuM ;, ,' (4 ;~c.'pre-mixed=~ttle feedY::means .any ;ofb t t IC following .art ides,: namely.:,-- (i) ready-made mixed fwd in the form:-lof-: pellets, crumps or meals used I 1. For Statement of Objects and Reasons, sec Orissa Guicrrer . Bba-. ofdjoafy, datcd the 13th February 1979 (No. 163). 7. CaTiid ' @to fotcc with: ctfcct .- from' ther 31st. Kove~nbtf ri979, vide- N~~~M~oI~% 12998-$. A. H.;dated the 27th July,IBSI. 971'2 TE~B ONSSA CATTLE AND POULTRY FEED Or. Act for feeding bulls, cows, heifers, calves or dry cattle including special feeds for milch cows and bulls; . . (ii) concentrates with the addition ,of pies - cribod quantities of -1ocajly. available ingredients, such as, .cereals and thcir , by'products; . (e) "pre-mixed poultry feed",meks any' of the fol10,wing articles, namely : - . . (i) ready-made mixed feed id &$ forq,of! pelIets, crumps or meals used for feeding fow Is, ducks, geese, turkey or pe8-hens including feeds for chicks and laying birds; . . (ii) concentrates with the addition df pres- cribed quantities of locally available ing?edients ; ( f) c'prescxibed" means prescribed by rules 111 ade under this Act. Lioencc to be 3. Pre- nixed cattle feed or pre-mixed poultry ob~aiacd for feed shall not be manufactured or processed for or red. purposes of saie by my person without a licence from the licensing authority. Licensing nulhorily. 4. The State Government may, by notification, appoint such number of oEcers as it thinks necessary, to be licensing authorities for the purposes of this Act.baving such Iocal jurisdiction 3s may be specified in the aotification. Application .5. (1) Every person desiring to obtain a licence 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. . . FMS for 6. (1) The licence fee shall be sixty'rupees paya- lice. ble alongwith the application for the grant oi. renewal of a licence. (2) -ere an appfication for tho grant or rcncwal of a licence is rejected, the licence fee paid by &e applicant shall bc refunded. 7. (1) .The ilic~ns&g au&~ri.t-y may recuse to crew grant ,a licence to my applicant .if,- ,qefu~I GCC~CC. of (a) the ~pplication is defective in any respect; (b) the licence fee .has not beenipaid; (c) the ,applicant does nat undertake \to ~WU- fa~tu,re or process the feed )in n.onfwPity with the provisions of -this A@; (4) ,~e applicant .is not soluent; (e) at any time 'his licence was weued; r, - .or Cf) the applicant does not have the prwibd machineries. f(2) The licensing -auth~~ity -m&y refuse -to renew a ;ficene if,- (a) the quality of *fwd manufactured .or procesqed by the hcepsee has, at .any time, been found to be not in conformity .with the prescribed standard ; (b) the feed manufactured arrprocessed by .the limnsee has., at ay tiq, been$ound to have been adulterated ; (c) the licensee has been -irregular 51 inmanu- facturing or .processing feed ; or (dl due to consymplion of the fe~d gaanufa- otured or processed by .~eliiensee, any cattle ,or poultry is found to hsrve&een subjected to:toxaemia or aqy -other. paison- ous- &eq. (3) The licensiqg authority, ~&ile . refusing -..- - . :,to rWew . a &R?!w, shgu . speqify pasdhs for such .refusal . in3is.,ordqrn aa,ol:$h$f, c>6&icate the order to tho. applicant. (4) Whore ,an appfic.ation .for a licence is not rejected under .sub1s.ectian .(I), the limnsing authority shall grant tho appgcagt! a. licewe in:Form %': Provided that where the, licenving authority doas not communicate to the applicant his order either grantmg or renewing or refusing to grant or renew the licen~, ..a .peciod .of months of receiving the appliqation, &shall be deemed that the lic.e#c.e:has b.een @anfed. THE ORISSA CATTL~ AND POULTRY FEED [Or. Act ( Secs. 3-11 ) Pcriod or 8. A licence granted under section 7 sh:!ll be O' valid for a period of one year from the date on which licence. it is gl-anted. Renewal of ICC~CC. 9. (1) A licensee desiring to renew the licence, shall, before the date of expiry of the licence, mak an application for renewal in duplicate to the licensing authority in Form 'C' together with the f eespecifwd in section 6. (2) On receipt of snch application together with the fee, the licensing authority may, unlcss 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 (l), the licence shaII continue to be effective till the date of passing of an order by the licensing authority on the application for renewal. Conditions regarding 10. (I) The standard of feed manufactured or maaufacturc prtcessed by a licensee shalI bo, as may be prescribed and every licensee shall be bound to adhere to the prescribed standard. (2) No licensse shall manufacture any type of feed mentioned in Schedule I unless it conforms to f he prcscri bed standard. (3) The feed manufactured or processed by a licensee shall be tested in the prescribed manner. acquire- 11. (1) Every licensee and every other perso11 mQisfor act,ing on. behalf of the licensee forthetimebeing packmg, marketing shall, in regard. to the packing, marketing and Iabell- andlabcl[jng- ing of the containers of premixed cattle feed or pre- mixed poultry feed, comply with the following requirements, namely : - - (a) every container in which -any such feed is packed shall bear the number of tho lidnce and such labels or marks as may, from lime to time, be approved by the licensing authority for different categories of feed ; (b) each containor 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 fabe or misleading in any particular co ncorning the feed contained in the con- tainer or concerning the quantity or vaIue of Ihe feed or in relation to the place of origin of the contentl.. (2) Without prejudice to the provisions of sub- section (1) the licdnsing authority, may, by order pub- ' lished in tho official gazette, specify the requi tments with regard to packing and marking of c~ntainers of cattle feed or poultry feed of any spccificd type or description and every licensee and every other person for tho time being acting on behalf of the licensee shall comply with such requirements. 12. Every licensee shall, as soon as possible after :;:$;;; the end of every year or on or before such datc as tho licensing authority may, by order, specify in this behalf, submit to tho said authority a return in dupli- cate in Ihe prescribed form in respect of each class of feod rnanufactwed or processed by him during that year. i 13. (1) The licensing authority may, after giving Cancellation or suspension the licensee an opportunity of being hoard, cancel or of Ii~cnce. suspend the licence on all or any of the following gou nds, namely : - (a) that the licence had bocn obtained by mis- representation as to matorial particuIars; (b) that any of the provisions of this Act or any condition of ~ho licence has been ' contravened. (2) Every order made under this section shaU be cofimunicated 'by the licensing authority to the 1,icen see. 14. Any person aggrieved by an order- (n) refusing to grant or rcnew a licence; or (b) canceying , or suspending a ' licel~ce, may, wl~hin sixty days from the date of con mu- nication of the order, prefor an appeal to the Secretary to the State Government in the Animal Husbandry Department whose decision thereon shaU be final. 15. No person shall sell or expose for sale Regulation OF snlc of or despatch, or deIiver to any agent or brokcr fE,ls. for the purpose of sale any yre-mixed cattle feed or premixed poultry :feed -which is llot in B6 THE O~~SSA CA~LE Am POU~TRY F~D [Or. Act wfor'miy with, the provisions of section 10 or the mtainer of which is not packed and marked in the mama laid down in aection 1 I. POWHS of 16. (1) The licensing authority or any officer Iidng authority. authoris& by. him in this behalf may, with a view to aming compliance with the provisions of this Act,- (a> require any pe'raon. to give any information in' hispos$e~sibn wiw respect to the ,manu- facture orm dibposH of any cattle- feed or poufffy: feed manufactured or pr oc'essett or sold by ,him ; (b), enter upon,andtin'apct.any prmiees where any cartEIe feed or poultry; feed is mam- factured or processed or is# docked. or exhibited for sale, at ariy time during business hours with a view to satisfymg itdf or himself thatprovisrionsl of this Act are being complied with ; (c> on8 giving- a proper rweipt, seize or detain any cattlo feed or poultry fecd manu- factured, processed, marked or labelled otherwise than in accordanm with the provisions of this Act or suspected to be m,anufactured; processed', marked, packed or labelled in cornravention of tho said pro'vis ions; (d)'seize or d'etain, on givhig a proper receipt, any raw materkls, documents, accaunt. books or other relevant. evidence connected. withi the manufacture, proceesing or sale of cattle feed' or poultry feed in respect of which be has reasons to believe that tta~ 6cintra~entibn of this Act has been committed ; (el, inspect any books or other doct~ments rdatiag to the manufsicture, processing or sale of cattle feed- or poultry feed ; (f) cdlec!, on payment,. of the price thereof, samples of, cattle feed or poultry feed intende'd: or exposed for sale or under despatch or delivered to any dealer, agent or'bf'oker'for the p~rposb>~f sale and have , S'uGh samples andysed at a laboratory selbcted~ for the purpose by the licensing rn thority.; (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 respxt of which he 11% masons to believe that any of the provisions of this-Act has been contravened ; (h) by an order in writing, impose temporary ban on mm~fa~ture or processing or sde of any cattle feed or poultry feed in respect of which he,has reasons to beIiove that any of the provissions of this Act has bmn contraveakd. (2) The ban ,imposed under sub-section (1) shall ferngin iH for~dfbr a periocl of thee months or till the matter is finalised after enquiry, whichever is earlier. (3) Every person, if so required, by the lime- sing authority or the officer referred to in sub- sectiofil fl), shall be bound to afford all, necessary facilities to the lieensing authority ot such officer for the purpose of enabling the licensing authority or such ofimr to exercise the powers under sub- sectiork (1). 17. Th4 hensing authority may, by order in MaIUtenanFo wfitirlg,; direct any- dealer in cattle ,feed or Poulffy of reootds. feed to maintain such books account and.recofds relating to his, business and in such form as may se- pres~dtred lg Every poxson- to whom any dirction ?rz;piAm order is issue'd by the licensing authority ln,direction pursuance of any of tlis -provisions of this Act, shall 2; ;zyng be bound to comply with such direction or o fder authority, andl aariy fdi1uf.e on. the part of such person to comply with such direction or order shall be deemed to be a contfaflehtion of this Act. 19. Nothidg ib this Act shaU apply to any cattle Exemption feed or poultry feed manufactured or processed by a person fog the exclusive use in his own farm. 20: (1)'The State Government may make rules for Power to mWy'ing out all or any of the purposes of this Act. makeruIe3. (2) In particuIar and without prejudice to the generality of the foregoing powers they may make rules ia fespe~t of all matters expressly required or allowed by this Act; ton be prescribed. 918 THE ORISSA CATTLE AND POULTRY FEED [Or. Act SCHEDULE I (See Secriorz 10) Types of feed- I. Starting csttlelpoultry feed 2. Growing catflelpoultr y feed 3. Laying cattlelpoultry feed SCHEDULE XI (See Section 5) Application for licence unde the Orissa Cattlu and Poultry Feed Regulation) Act, I 979. I. Name and address of the applicant 2. Address of the factory 3. Description of the cattlelpouItry feed which . the applicant wishes to manufacture or process. 4. Plan of the factory and list of equipment 5. Whether any power is used in the manufacture of fecd. If so, state thc exact horse powey of the machine used. 6. Total quantity and value of cattlelpoultry feed if any, manu- factured during the previous J'ear. - , . 7. IIwe hereby nnder take to comply with ali the'''pr,ovisions of tile Orissa Cattle and Poultry Feed ( Regulation ) kt, 1979 and the rules made thereunder and the condiiions of ,t:-;e Iicence. -. r-. 8. Ilwe have forwarded a sum of RS:-. . . . . . . in" respect of the licence fee. Sigrrainrc (s) of the App!icn,~t (s) FORM "B" (See Sectiu~z 7) ,... - , .. Government of. . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . , . . . ,licence - - . . . . under the Orissa Cattle and Poultry Feed ( Regulation) Act, 1979. Licence No.. . , . . . . I. Name and address of the licensee 2. Addrcss, of the authorised p~.emises for manuTac[ure/processing 3. Change of premises, if any . .- , This Iirenee is granted under rhe provisions of the Orissa CattIe and Poultry Feed ( Regulation) Act, I979 for manufacturelprmessiag of cattlelpoul try feed. Place Date Licensing authority VALIDATION AND RENEWAL -- , -- Period of Description or category Rate of Ucen- Licence Si~atu~e validity of cattlelp oultry feed ce fee fce paid of liwnung autharised to manu- authority facture or proce- sses -- (I) (2) (3) (4) (5) Terms and conditions of limnce: - 1. This licence shall be displayed in a prominent and conspicuous place in (z part of the birsiness premises opcn to the public. 2. The licensee shall comply wit11 the provisions of the Orissa Cattle and Po~if-iy Feecl (Regulation) Act, 1979 and the rules and orders made ther eundcr . 3. The licence shall come into force immediately and be valid for a period of one year from the date on which it is granted, unless sooner canceler1 or suspended. 4. The licensee shall, from time to time, report to the licensing authority any change in the premises of his business of manufacturing or processing the feed. FORM "C" ( See Seetim 9 ) Application for renewal of fiicence under the Orissa Cattle and Poultry Feed ( Regulation ) Act, 1979. To The Licensing Authority State of Ijwe hereby apply for renewal of the licence to carry on the busi- ness of manufacturing/p recessing cattlelpoultry feed under the name and style of The licensee desires the licence granted by the licensing authority ............ for the State of.. ............. .and allotted licence No.. on the. ...... .day of. ...... .19. .... .to be renewed. Tbe requisite fee for renewal of licence is deposited herewith, Sig~iaf tire (s) of the Applicant (s)