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27.Compliance with directions and orders

  1. The Controller may issue such direction, or instructions consistent with the provisions of this Order as may be necessary for carrying out the provisions of this Order.
  2. Every person to whom any direction or instruction is given or order is issued, in pursuance of any provision of this Order shall be bound to comply with such direction or instruction or order and any default or failure on the part of the person to comply with the same shall be deemed to be a contravention of the relevant provision of the Order.
  3. Every person shall be bound to furnish any information called for in pursuance of the provisions of this Order and in default,shall be deemed to have violated the provisions of the Order.
  4. No person shall cancel, destroy, mutilate or deface any book, document or any other evidence with a view to evading any provision of this Order.

28. Prosecution

Any person,

  1. handling or processing or controlling or manufacturing milk or any milk product without obtaining a registration certificate as required under this Order, or
  2. continuing to manufacture or process or handle or pack milk or milk product after suspension or revocation or expiry of registration certificate issued or,
  3. handling, processing, manufacturing, controlling or packing milk or milk product in contravention of the provisions of this Order or of the terms and conditions of the registration certificate or
  4. producing any item in excess of the quantity specified for that item in the registration certificate or
  5. making any manufacturing facility in contravention of the provisions of sub paragraph (1) of Paragraph 5,
    shall, in addition to suspension, revocation, or cancellation of his registration certificate, be liable to prosecution for the contravention of the provisions of this Order.

29. Previous sanction for prosecution

In the case of any contravention of any of the provisions of this Order by the holder of registration certificate or any other person, the concerned Registering Authority shall be empowered to initiate suitable action against the holder of registration certificate or any other person as the case may be.*

30. Penalty

Every person who contravenes or is deemed to have contravened any of the provisions of this Order, or any of the terms and conditions of the registration certificate, or fails to carry out any direction or order or request made or instruction given thereunder, shall be punishable under Section 7 of the Essential Commodities Act, 1955 (10 of 1955).

31. Transitional and other provisions

  1. With effect from the date of commencement of this Order and until the constitution of the Board, and also at any time the Board is not in existence or the Controller is not in position, the Secretary to the Government of India in the Department of Animal Husbandry and Dairying in the Ministry of Agriculture shall be competent to exercise all the powers and discharge all the functions of the Board under this Order and he may authorise any Officer, not below the rank of a Joint Secretary to the Government of India in the Ministry of Agriculture to perform the functions of the Controller till the date of appointment of a Controller in accordance with this Order.
  2. For the transitional period pending the appointment of registering authorities under this Order, it shall be competent for the person exercising the powers of the Controller, to authorise one or more Officers or designate any authority to discharge the functions of a registering authority and determine the jurisdiction in relation to each of them.

32. Repeal and savings

  1. The provisions of this Order and instructions issued thereunder, shall supersede any order made under Section 3 of the Essential Commodities Act, 1955 (10 of 1955) in so far as it relates to milk or milk product.
  2. Notwithstanding such supersession, anything done or any action taken or initiated under those Orders shall be deemed to have been done, taken or initiated under the corresponding provisions of this Order.

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