ORDINANCE No.20 OF 2007
THE KERALA DAIRY FARMERS' WELFARE FUND ORDINANCE, 2007
Promulgated by the Governor of Kerala in the Fifty-eighth Year of the Republic of India.
AN
ORDINANCE
to provide for the constitution of a Fund to grant relief to, to ensure their welfare of, and to pay pension to the Farmers engaged in cattle rearing in the State of Kerala.
Preamble.- WHEREAS, the Kerala Dairy Farmers' Welfare Fund Ordinance, 2005 (14 of 2005) was promulgated by the Governor of Kerala on the 24th day of August, 2005;
AND WHEREAS, a Bill to replace the said Ordinance by an Act of the State Legislature could not be introduced in and passed by the Legislative Assembly of the State of Kerala during its session which held on the 21st day of November, 2005;
AND WHEREAS, in order to keep alive the provisions of the said Ordinance, the Kerala Dairy Farmers' Welfare Fund Ordinance, 2005 (28 of 2005), was promulgated by the Governor of Kerala on the 29th day of December, 2005;
AND WHEREAS, a Bill to replace the said Ordinance by an Act of the State Legislature could not be introduced in, and passed by, the Legislative Assembly of the State of Kerala, during its session which commenced on the 3rd day of February, 2006 and ended on the 21st day of February, 2006 and the session commenced on the 14th day of March, 2006 and ended on 15th day of March, 2006;
AND WHEREAS, in order to keep alive the provisions of the said Ordinance the Kerala Dairy Farmers' Welfare Fund Ordinance, 2006 (18 of 2005) was promulgated by the Governor of Kerala on the 17th day of March, 2006;
AND WHEREAS, a Bill to replace the said Ordinance by an Act of the State Legislature could not be introduced in, and passed by, the Legislative Assembly of the State of Kerala, during its session which commenced on the 24th day of May, 2006 and ended on the 30th day of June, 2006;
AND WHEREAS, in order to keep alive the provisions of the said Ordinance, the Kerala Dairy Farmers' Welfare Fund Ordinance, 2006 (36 of 2006) was promulgated by the Governor of Kerala on the 5th day of July, 2006;
AND WHEREAS, a Bill to replace the said Ordinance by an Act of the State Legislature could not be introduced in, and passed by, the Legislative Assembly of the State of Kerala, during its session which commenced on the 18th day of September, 2006 and ended on the 26th day of October, 2006;
AND WHEREAS, in order to keep alive the provisions of the said Ordinance, the Kerala Dairy Farmers' Welfare Fund Ordinance, 2006 (56 of 2006) was promulgated by the Governor of Kerala on the 30th day of October, 2006;
AND WHEREAS, a Bill to replace the said Ordinance by an Act of the State Legislature could not be introduced in, and passed by, the Legislative Assembly of the State of Kerala, during its session which commenced on the 27th day of December, 2006 and ended on the 29th day of December, 2006;
AND WHEREAS, under sub-clause (a) of clause (2) of Article 213 of the Constitution of India, the Kerala Dairy Farmers' Welfare Fund Ordinance, 2006 ( 56 of 2006) will cease to operate from the 7th day of February, 2007;
AND WHEREAS, difficulties will arise if the provisions of the said Ordinance are not kept alive;
AND WHEREAS, the Legislative Assembly of the State of Kerala is not in session and the Governor of Kerala is satisfied that circumstances exist which render it necessary for him to take immediate action;
NOW, THEREFORE, in exercise of powers conferred by clause (1) of Article 213 of the Constitution of India, the Governor of Kerala is pleased to promulgate the following Ordinance:-
1. Short title and commencement.- (1) This Ordinance may be called the Kerala Dairy Farmers' Welfare Fund Ordinance, 2007.
(2) It shall be deemed to have come into force on 24th August, 2005.
2. Definitions.- In this Ordinance, unless the context otherwise requires,-
(a) ''Board'' means the Kerala Dairy Farmers' Welfare Fund Board constituted under section 8;
(b)''Chief Executive Officer'' means the Chief Executive Officer appointed under sub-section (1) of section 11;
(c) ''Contribution'' means the sum of money payable to the Fund under section 7;
(d) ''Family'' means,-
(i) wife or husband of the Dairy farmer, and their minor children; and
(ii) father and mother who are dependent upon the Dairy farmer;
(e) ''Fund'' means the Dairy Farmers' Welfare Fund established under section 3;
(f) ''Member'' means a member of the Fund;
(g) ''Prescribed'' means prescribed by rules made under this Ordinance;
(h) ''Schedule'' means the schedule to this Ordinance;
(i)''Scheme'' means Kerala Dairy Farmers' Welfare Scheme framed under this Ordinance;
(j) ''Dairy Farmer'' means a person who owns and rear one or more cows or she buffalos and markets minimum Five hundred liters of milk per year through Primary Milk Co-operative Society functioning in the State of Kerala.
(k) "Society" means Primary Milk Co-operative society registered or deemed to be registered under the Kerala Co-operative Societies Act 1969 (21 of 1969) and functioning under the Diary development Department;
(l) "Regional Union" means Apex society functioning in the Milk Co-Operative sector;
(m) "Year" means, financial year;
3. Diary Farmers Welfare Fund scheme.-(1) The Government shall, by notification in the Gazette, frame a scheme to be called the "Kerala Diary Farmers Welfare Fund scheme" for the establishment of a fund under this ordinance for the welfare of Diary farmers in the State and there shall be established a fund as soon as possible, in accordance with the provisions of this Ordinance and scheme.
(2) There shall be credited to the Fund.-
(i) contribution specified under section 7;
(ii) Receipts from the interest of the reserve Fund;
(iii) Grants and loans or advances made by the Government of India, State Government or any Institutions;
(iv) Any donations and receipts from whatever source;
(v) Amount under any item raised by the decision of the Board from other sources to augment the resources of the Board;
(vi) Fees or Fine levied under this scheme;
(vii) Any other amount, which, under the provisions of the scheme shall be credited to the fund;
(3) The fund; shall vest in the Board, constituted under section 8 and be administered as provided under sub-section (7) of the said section in this behalf by the Board;
(4) Fund may be utilised for all or any of the following purposes, namely:-
(a) To the members who is a member in the Primary Milk Co-operative Society for at least 10 years and who became incapable of being engaged in the rearing of cattle due to disablement and who has withdrawn.
(b) To give pension to the member who has measured milk for 10 years, who is a member of the society and has completed the age of 65 years;
(c) for payment of family pension;
(d) For payment of financial assistance to a member who suffers permanent disablement;
(e) any other purpose specified in the scheme.
(5) Fund may be invested in a profitable manner with the previous sanction of the Government;
(6) Subject to the provisions of this Ordinance, the scheme framed under sub-section may provide for the matters specified in sub-section (4) and in the schedule;
4. Membership of the Fund.-(1) Every Diary Farmer who has completed 18 years of age shall be eligible for registration as member of the Fund under the provision of this Ordinance and scheme;
(2) Application for registration shall be made, in such form as may be prescribed, to the officer of Dairy development Department authorised by the Chief Executive Officer in this behalf in whose jurisdiction the applicant resides;
(3) Every application shall be accompanied by such documents together with the fee for registration as may be specified in the scheme;
(4) If the officer authorised under sub-section (2) is satisfied that the applicant has complied with the provisions of this ordinance and the scheme, he shall immediately be registered as a member. If the application is rejected in any ground the same shall be intimated to the applicant in writing within sixty days on receipt of the application.
Provided that an application for registration shall not be rejected without giving he applicant an opportunity of being heard.
(5) Any person aggrieved by the decision under sub-section (4) may, within such time as may be specified in the scheme, prefer an appeal to the Chief Executive Officer or any other authority as may be specified by the Government in this behalf and the Chief Executive Officer or such other authority shall take a decision on such appeal within sixty days from the date of its receipt, and such decision shall be final.
(6) The Chief Executive Officer shall make necessary arrangements to maintain the registers or other records prescribed in this behalf.
5. Cessation of membership in the Fund.-If a member commits an offence under section 17 or any other provision of this Ordinance his membership in the fund shall be ceased.
6. Maintenance of register by Society.-Every society shall maintain a register in the prescribed form showing the details of the quantity of milk supplied by the members of the society, the date on which milk was supplied, etc. which are necessary for the implementation of the scheme and it shall be submitted for inspection, whenever required by the Chief Executive Officer or by an Officer authorised by him.
7. Contribution to the Fund.-Every society shall contribute to the Fund at the rate of 25 paise per litre of milk collected, before the tenth day of the succeeding month.
8. Constitution of the Board.-(1) On the commencement of this Ordinance, a Board to be called the Kerala Dairy Farmers Welfare Fund Board may be constituted, to supervise and carryout the activities financed from the Fund
(2) The Board shall be a body corporate by the name aforesaid, having perpetual succession and common seal and shall by the said name sue and be sued.
(3) The Board shall consist of nine Directors as follows.-
(a) One member each, elected from the governing bodies of the three registered Milk Co-operative Unions representing the Dairy farmers;
(b) two persons nominated by the Government from among the Presidents of traditional Primary Milk Co-operative Societies;
(c) Director of Dairy Development Department or representative;
(d) two persons nominated by the Government, representing the Government;
(e) Chief Executive Officer (Ex-Officio);
(f) Kerala Co-operative Milk Marketing Federation (Milma) Chairman.
(4) One of the Directors of the Board shall be appointed by the Government to be its Chairman.
(5) The Government shall publish in the Gazette the names of the Chairman and the Directors of the Board.
(6) The Board shall administer the Fund vested in it in such manner as may be specified in the scheme.
(7) The Board may, with the previous approval of the Government, delegate to the Chairman or to the Chief Executive Officer or to any officer appointed under sub-section (1) of section 11 such of its powers and functions under this Ordinance or Scheme as it may consider necessary for the efficient administration of the Fund, subject to such restrictions and conditions, if any, as it may specify.
9. Term of office of the Directors.-(1) A Director appointed under sub-section (3) of section 8 shall hold office for a period of three years from the date he assume the charge in office.
(2) Notwithstanding anything contained in section 10, the Government may, at any time, for reasons to be recorded in writing remove from office any Director of the Board after giving him a reasonable opportunity of showing cause against the proposed removal;
Provided that it shall not be necessary to record in writing, the reason for removal or to give an opportunity of showing cause against the proposed removal, if the Government are of the opinion that it is not expedient, in the public interest, to record the reasons in writing or to give such opportunity.
(3) Any Director may resign his membership by giving notice in writing to the Government and his resignation shall come into force on the date of receipt of the letter of resignation by the Government.
10. Removal of non-official Directors.- (1) The membership of non-official Directors who, without the previous permission of the Board, has been absent from three consecutive meetings of the Board, shall be removed.
(2) A non-official Director of the Board removed under sub-section (1) shall be disqualified for reappointment as a Director for a period of one year from the date of his removal.
11. Appointment of officers and staff.- (1) The Government may appoint a Chief-Executive Officer and such number of other officers and staff as they consider necessary to assist the Board in the discharge of its functions and duties under the Ordinance.
(2) The Chief Executive Officer shall be an officer of the Dairy Development Department not below the post of Deputy Director working in the Dairy Development Department.
(3) Subject to the provisions of sub-section (4), the method of appointment, salary and allowances and other conditions of service of the Chief-Executive Officer and the other officers and staff appointed under sub-section (1), shall be fixed by the Board with the approval of the Government.
(4) In the case of posts in the service under the Board to which appointments are made by direct recruitment in the provisions in clause (a), (b) and (c) of rule 14 and also the provisions contained in rules 15, 16, 17 and 17(a) of the Kerala State and Subordinate Service Rules, 1958 as amended from time to time shall be followed, 'mutatis mutandis'.
12. Determination of amount due.- (1) The Chief-Executive Officer or any other officer authorised by the Board in this behalf shall, after making such
inquiry as may be necessary and after giving the society liable to pay the contribution under section 7, an opportunity to be heard, by order, determine the amount of contribution due under the provisions of this Ordinance and Scheme.
(2) The officer conducting the enquiry under sub-section (1) shall, for the purposes of such enquiry, have the same powers as are vested in a Civil Court while trying a suit under the code of Civil Procedure, 1908 (Central Act 5 of 1908), in respect of the following matters, namely:-
(a) enforce the attendance of any person and examining him on oath;
(b) requiring the discovery and production of documents;
(c) receiving evidence on affidavits;
(d) issuing commissions for the examination of witness.
13. Collection of contribution.- (1) It shall be the duty of the secretary of the society/Chief-Executive to pay in time the amount due to the fund by each society liable to pay the contribution under
section 7.
(2) Where the contribution is not paid on or before the due date, the Board shall have the power to recover with interest from the officer authorised under sub-section (1).
14. Action against society secretary/Chief Executive.- Notwithstanding anything contained in any other law for the time being in force, the Board may take action against the secretary of the society/Chief Executive concerned, if the contribution of the society, under section 7 has not been paid to the Fund.
15. Priority of payment of contribution over other debts.- Where any order has been made liquidating the society liable to pay contribution under section 7, the contribution due under this Ordinance while liquidating shall be deemed to be included among the debts, which are to be paid in priority to all other debts.
16. Directors of Board etc. to be Public Servants.- Every Director of the Board, Chief-Executive Officer and other officers and staff of the Board appointed under this Ordinance shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (Central Act 45 of 1860).
17. Penalty.- (1) Whoever, for the purpose of avoiding any payment to be made by himself under this Ordinance or Scheme or for the purpose of avoiding such payment to any other person or for obtaining an amount not entitled or in excess of what is entitled from this fund or for obtaining an amount not entitled or in excess of entitled to any other person from this fund, knowingly makes or causes to be made any false statement or false representation shall be punishable with imprisonment for a term which may extent to three months or with fine which may extent to five hundred rupees or with both.
(2) Whoever, contravenes or makes default in complying with any of the provisions of this Ordinance or of the Scheme shall, if no other penalty is elsewhere provided by or under this Ordinance, for such contravention or non-compliance, be punishable with fine which may extend to four hundred rupees.
18. Enhanced punishment for the second or subsequent offence.- Whoever having been convicted by a Court of an offence punishable under this Ordinance, again commits the same offence, shall be punishable for every such subsequent offences with imprisonment for a term which shall not be less than three months or with a fine which may extend to thousand rupees:
Provided that the Court may for any adequate and special reasons to be recorded in the judgment, imposes a sentence of imprisonment for a term of less than three months.
19. Offence by Societies.- (1) Where an offence under this Ordinance has been committed by a society, the Secretary of the Society and the members of the governing body and all officers who, at the time of offence was committed, was in charge of , and was responsible to shall be deemed to be guilty of that 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 any punishment, if he proves that offence was committed without his knowledge or that he had exercised due diligence to prevent the Commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where any offence under this Ordinance has been committed by a society and it is proved that the offence has been committed with the consent or connivance of, or that the commission of offence is attributable to any neglect on the part of, any officer of the Society, such officer of the Society shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
20. Protection of acts done in good faith.- No suit or other legal proceeding shall lie against any Director of the Board or the Chief Executive or any other person in respect of anything which is done in good faith or intended to be done under this Ordinance or under this
Scheme.
21. Directions by the Government.-(1) Government may give to the Board general directions to be followed by the Board.
(2) In the exercise of the powers and the performance of its duties under this Ordinance the Board shall not depart from any general direction issued under sub-section(1), except with the previous permission of the Government.
22. Power to supersede Board.- If the Government is satisfied that the Board has persistently made default in the performance of the duties imposed on it by or under the provisions of this Ordinance or Scheme exceeded or abused its powers the Government may, by notification in the Gazette, supersede the Board for such period not exceeding six months, as may be specified in the notification.
23. Audit of the Accounts of the Board.- (1) The Government shall appoint Auditors to audit the accounts of the Board.
(2) The Account of the Board shall be examined and audited by such auditors once in every year.
(3) The Government may, in respect of audit reports or further proceeding, as it deem fit, may further examine the audit report by Accountant General.
24. Annual Report and Audited Statement of Accounts.- (1)The annual report of the Board shall be prepared by the Chief Executive Officer under the directions of the Board and after the approval by the Board, a copy of the report together with the audited statement of accounts shall be submitted to the Government within nine months after the end of every year.
(2) The Government shall, as soon as the annual report is received under sub-section (1), cause the same together with audited statement of such accounts to be laid before the next session of the Legislative Assembly immediately follows.
25. Bar of jurisdiction of Civil Courts.-No Civil Courts shall have jurisdiction to settle, decide, deal with or to determine any matter which is by or under this Ordinance, or the scheme or under it, required to be settled, decided or determined or to be dealt with by the Chief executive Officer or any other officers appointed by the Government or Board under Section 11.
26. Power to make Rules.-(1) The Government may, by notification in the Gazette, either prospectively or retrospectively, make rules, for the purposes of carrying into effect the provisions of this Ordinance, Audit, for implementing the conditions of Service and Remuneration, Prosecutions and for the purposes of carrying out all other requirements of the scheme.
(2) Every rule made under this Ordinance shall be laid, as soon as may be after it is made, before the Legislative Assembly, while it is in session for a total period of fourteen days which may be comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, the Legislative Assembly makes any amendment in the rule or decides that the rule should not be made, the rule shall, thereafter, have effect only in such form as amended or be of no effect, as the case may be; so, however, that any such amendment or annulment shall be without prejudice to the validity of anything previously done under that rule.
27. Repeal and Saving.- (1) The Kerala Dairy Farmers' Welfare Fund Ordinance, 2006 (56 of 2006) is hereby repealed.
(2) Notwithstanding such repeal anything done or, deemed to have been done any action taken or deemed to have been taken under the said Ordinance shall be deemed to have been done or taken under this Act.
THE SCHEDULE
[See section 3 (6)]
1. Registration of Dairy Farmers.
2. Time and manner in which contribution shall be made to the Fund, by the Society under section 7.
3. Constitution of any Committee for assisting the Board.
4. The manner in which accounts shall be kept, the investment of money belonging to the fund in accordance with any directions issued or conditions specified by the Government, preparation of Budget, Audit of accounts, further proceedings on audit report, submission of report to the Government etc.
5. Conditions under which the withdrawals from Fund may be permitted and any deduction or forfeiture may be made and the maximum amount of such deduction or forfeiture.
6. Form in which a member shall furnish the particulars about himself and his family whenever required.
7. The nomination of a person to receive any family pension of a member on his death and the cancellation or variation of such nomination.
8. The registers and records to be maintained by the society with respect to dairy farmers and the returns to be furnished.
9. Form of identity card for the purpose of identifying any member of the Fund and for issue, custody and replacement thereof.
10. The fees to be levied for any of the purposes specified in the schedule.
11. The further powers, if any, which may be exercised by the officers, appointed under this ordinance.
12. The purposes for which the Fund may be utilised.
13. Procedure for defraying the expenditure incurred in the administration of the Fund.
14. Procedure for the payment of pension, family pension, benefits etc. from the Fund.
15. Head quarters of the Board, daily allowance of the Board Members, Travelling Allowance, honorarium etc.
16. Any other matter which is to be provided for in the scheme or which may be necessary for the purpose of implementing the scheme.
R.L.BHATIA,
GOVERNOR.
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