Short title extend & commencement definition

1.

(1)

This act may be called the Orissa Cattle and Poultry feed 9 Regulation0 Act, 1979

(2)

It extends to the whole of the state of Orissa.

(3)

It shall come into force on such data as the State Government may, by notification, appoint in that behalf.

2.

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

(a)

‘Form’ means a form specified in schedule –II,

(b)

‘Licenses’ means a person to whom a license has been granted for manufacturing or processing premixed cattle feed or premixed poultry feed

©

“Licensing authority” means the person appointed by the state Government by notification to exercise the powers and perform the functions of the licensing authority under this Act. Or the rules made there under.

(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 day cattle including special feeds for milch cows and bulls.

(ii) Concentrates with the addition of prescribed quantitative of locally available ingredients, such as, cereals and heir 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-hen 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.

License to be obtained for manufacture of feed

3

Premixed cattle feed or premix poultry feed shall not be manufactured or processed for purposes or sale by any person without a license form the licensing authority.

Licensing authority

4

The State Government may, by notification, appoint such number of officers as it thanks necessary, to be licensing authorities for the purposes of this Act. Having such local jurisdiction as may be specified in the notification.

Application for license

5

(1)

Every person desiring to obtain a license 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.

Fee for license

6

(1)

The license fee shall be sixty rupees payable along with the application for the grant or renewal of a license.

(2)

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

Granting or refusal of license

7

(1)

The licensing authority may refuse to grant a license to any applicant if -

(a) The application is defective in any respect.

(b) The license 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 license was cancelled, or

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

(2)

The licensing authority may refuse to renew a license if

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

(b) The feed manufactured or processed by the licenses has, at any time been found to have been adulterated.

© The licenses 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 license, shall specify the reasons for such refusal in his order and shall communicate the order to the applicant.

(4)

Where an application for a license is into rejected under sub-section 91), the licensing authority shall grant the applicant a license in form ‘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 license, within a period of four months or receiving the application, it shall be deemed that the license has been granted.

8.

A license granted under section 7 shall be valid for period or one year form the date on which it is granted.

Renewal of license.

9.

(i)

A licenses desiring to renew the license, shall before the date of expiry of the license, make an application for renewal in duplicate to the licensing authority in form ‘C’ together with the fee specified in section 6.

(ii)

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

(iii)

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

Condition regarding manufacture of fees

10

(i)

The standard of feed manufactured or processed by a license shall be , as may be prescribed and every licensee shall be bound to adhere to the prescribed standard.

(ii)

No licensee shall manufacture any type of feed mentioned in schedule I unless it conforms to the prescribed standard.

(iii)

The feed manufactured or processed by a license shall be tested in the prescribed manner.

Requirements for packing marketing & labeling.

11

(i)

Every licensee and every other person acting on behalf of the licensee for the time being shall, in regard to the packing, marketing and labeling or the containers or premixed 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 or the license and such labels or marks as may, from time to time, be approved by the licensing authority for different categories of feeds.

(b) Each container in which any such feed is packed shall specify a code number including the lit and the date of manufacture of the feed.;

© The labels or marks shall not contain any statement, claim design or device which is false or misleading in any particular concerning the feed contained in the container or concerning the quantity or value of the feed or in relating to the place or origin or the contents.

(ii)

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

Submission of returns

12

Every licensee shall, as soon as possible after the and or 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.

Cancellation or suspension of license

13

(i)

The licensing authority may, after giving the license an opportunity of being heard cancel or suspend the license on all or any or the following grounds, namely:-

(a) That, the license had been obtained by misrepresentation as to material particulars :

(b) That any of the provisions of this Act. Or any condition of the license has been contravened.

(ii)

Every order made under this section shall be communicated by the licensing authority to the licenses.

14

Any person aggrieved by an order:-

(i)

Refusing to grant or renew a license or

(ii)

Canceling or suspending a license, 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.

Regulation of sale of feeds

15

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

Power of licensing authority

16

(i)

The licensing authority or any office authority 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 manufacture or 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 backed or exhibited for sale, at any time during business hours with a view to satisfying itself or himself that the provisions of this Act. Are being complied with: -

© On giving a proper receipt, seize or detain any cattle feed or poultry feed manufactured, processed, marked or labeled otherwise that in accordance with the provisions of this Act. Or suspected to be manufactured, processed, marked, packed or labeled 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 or cattle feed or poultry feed in respect of which he has reasons to believe that a contravention of this Act has been committed. Inspect any books or other documents relating to the manufacture, processing or sale or cattle fed 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 dispatch or delivered to any dealer, agent or broken for the purpose or sale and have such samples analysed at a laboratory selected for the purpose by the licensing authority.

(g) Collect free of charge form 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 provision of this Act. Has been contravened.

(h) By an order in writing impose temporary ban on manufacture or processing or sale or any cattle feed or poultry feed in respect or the provisions of this Act has been contravened.

(ii)

The ban imposed under sub-section 91) shall remain in force for a period of three months or till the matter is finalised after enquiry.

(iii)

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

Maintenance of records

17

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.

Compliance with the direction and orders of a licensing authority

18

Every person to whom any direction or order is issued licensing authority in pursuance of any of the provision shall be bound to comply with such direction or order and any on the part of such person to comply with such direction or order be deemed to be a contravention of this Act.

Exemption

19

Nothing in this Act. Shall apply to any cattle feed or poultry feed manufactured or processed by a person for the exclusive in his own farm.

Power to make rules

(i)

The State Government may make rules for carrying or any of the purposes of this Act.

(ii)

In particular and without prejudice to the generally foregoing powers they may make rules in respect of all matters required or allowed by this Act. To be prescribed.