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  "title": "PUNJAB MILK BOARDS ORDINANCE, 1963",
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  "text": "THE PUNJAB MILK BOARDS ORDINANCE, 1963 \r\n(XXXVIII of 1963) \r\nCONTENTS \r\nCHAPTER I \r\nPreliminary \r\n1. Short title, extent and commencement. \r\n2. Definitions. \r\nCHAPTER II \r\nEstablishment of Milk Board \r\n3. Establishment and incorporation of the Board. \r\n4. Constitution of the Board. \r\n5. Appointment of Chairman. \r\n6. Appointment of Project Director. \r\n7. Qualification and removal of Chairman. \r\n8. Appointment of officers, etc. \r\n9. Fees and T.A. for non-official Members. \r\n10. Recruitment conditions of service and disciplinary powers. \r\n11. Meetings of the Board. \r\n12. Forwarding of agenda, etc., to Government. \r\n13. Delegation of powers. \r\nCHAPTER III \r\nFunctions and Powers of the Board \r\n14. Functions of the Board and scheme. \r\n15. Power to make Order. \r\nCHAPTER IV \r\nPlans, Projects and Schemes \r\n16. Preparation of plans. \r\n17. Development Scheme and Projects. \r\n18. Subsidiary organization. \r\n19. Commercial transactions. \r\nCHAPTER V \r\nFinance \r\n20. Milk Board Fund. \r\n21. Power of the Board to borrow money. \r\n22. Custody and investment of funds. \r\n23. The budget. \r\nCHAPTER VI \r\nRules and Regulations \r\n24. Powers to make rules. \r\n25. Power to make regulations. \r\nCHAPTER VII \r\nSupplemental Provisions \r\n26. Chairman, etc., deemed public servants. \r\n27. Contribution by the Board towards leave, allowances and pension of \r\nGovernment servants. \r\n28. Penalties. \r\n29. Authority for prosecution. \r\n30. Recovery of dues. \r\n31. The powers of the Chairman as to institution, etc., of legal proceedings \r\nand obtaining legal advice. \r\n32. Indemnity of the Board, etc. \r\n33. Notice of suit against the Board. \r\n34. Mode of proof of the Board’s records. \r\n35. Restriction in the summoning of the Board servants to produce \r\ndocuments. \r\n36. Validation of acts and proceedings. \r\n37. General powers of the Board to pay compensation. \r\nCHAPTER VIII \r\nAudit and Accounts \r\n38. Accounts and Audit. \r\n39. Annual report. \r\nCHAPTER IX \r\nDissolution \r\n40. Dissolution of the Board. \r\n \r\n \r\nTEXT \r\n1\r\nTHE \r\n2\r\n[PUNJAB] MILK BOARDS ORDINANCE, 1963 \r\n(XXXVIII of 1963) \r\n[20 November 1963] \r\nAn \r\nOrdinance \r\nto regulate the production and marketing of milk and milk products in \r\n3\r\n[the Punjab]. \r\nPreamble.– WHEREAS it is expedient to regulate the production and marketing of \r\nmilk and milk products in certain areas of \r\n4\r\n[the Punjab]; \r\n AND WHEREAS the Provincial Assembly of West Pakistan is not in session \r\nand the Governor of West Pakistan is satisfied that circumstances exist which render \r\nimmediate legislation necessary; \r\n NOW, THEREFORE , in pursuance of the powers conferred on him under \r\nclause (1) of Article 79 of the Constitution, the Governor of West Pakistan is pleased \r\nto make and promulgate the following Ordinance:– \r\nCHAPTER I \r\nPreliminary \r\n1. Short title, extent and commencement .– (1) This Ordinance may be called \r\nthe \r\n5\r\n[Punjab] Milk Boards Ordinance, 1963. \r\n (2) It extends to the whole of the Province of \r\n6\r\n[the Punjab] except the Tribal \r\nAreas. \r\n (3) This section shall come into force at once and the remaining provisions \r\nshall come into force in such area or areas and on such date or dates as \r\nGovernment may, by notification in the Official Gazette, specify in this behalf. \r\n2. Definitions.– In this Ordinance, unl ess the context otherwise requires, the \r\nfollowing expressions shall have the meanings hereby respectively assigned to \r\nthem, that is to say– \r\n(a) “Board” means a milk Board established under this Ordinance; \r\n(b) “Chairman” means the Chairman of the Board; \r\n \r\n1This Ordinance was promulgated by the Governor of West Pakistan on November 20, 1963 , approved by the Provincial \r\nAssembly of West Pakistan, on December 30, 1963  under clause (3) of Article 79 of the Constitution of the Islamic Republic of \r\nPakistan (1962), published in the Gazette of West Pakistan (Extraordinary), dated November 20, 1963, pp. 4455-4468.  \r\n2Substituted for the words  “West Pakistan”  by the Punjab Laws (A daptation) Ord er, 19 74 (1 of 19 74) (w.e.f. 14.8.1973), \r\npublished in the Punjab Gazette (Extraordinary), dated November 20, 1974, pp . 1425-A-1425-PP, Article 2 read with Second \r\nSchedule, Part III, Serial No. 70. \r\n3Ibid. \r\n4Ibid. \r\n5Ibid. \r\n6Ibid. \r\n(c) “Depot” means premises where milk or milk products are processed, \r\nmanufactured or sold by the Board; \r\n(d) “Government” means the \r\n1\r\n[Provincial Government of the Punjab]; \r\n(e) “Local area” means the area to which the provisions of this Ordinance \r\nhave been applied; \r\n(f) “member” means a member of the Board; \r\n(g) “milch animals” mean cows, buffaloes, sheep and goats; \r\n(h) “milk” means normal mammary secretion obtained from one or more \r\nmilkings of milch animals without any addition thereto or extraction \r\ntherefrom an d includes milk treated to conform to such standard as \r\nmay be prescribed; \r\n(i) “milk products” means the products exclusively derived from milk; \r\n(j) “owner” means owner of milch animals producing milk used exclusively \r\nfor his own household consumption; \r\n(k) “prescribed” means prescribed by rules made under this Ordinance; \r\n(l) “producer” means a producer of milk, other than the owner, who sells \r\nall or a part of milk produced by him; \r\n(m) “Project Director” means the Project Director appointed under section \r\n6; \r\n(n) “scheme” means a scheme prepared under this Ordinance. \r\nCHAPTER II \r\nEstablishment of Milk Board \r\n3. Establishment and incorporation of the Board .– (1) As soon as  may be \r\nafter the commencement of this Ordinance in any local area, there shall be \r\nestablished a milk Board to carry out the purposes of this Ordinance in that area. \r\n(2) The Board shall be a body corporate having perpetual succession and a \r\ncommon seal, with power, subject to the provisions of this Ordinance, to acquire, \r\nhold and dispose of property,  both movable and immovable, and shall by the said \r\nname sue and be sued. \r\n4. Constitution of the Board.– (1) The Board shall consist of such Members as \r\nmay be appointed by Government. \r\n (2) A Member shall, unless sooner removed by Government, hold office for \r\na term of three years and may be re -appointed for such period or periods as \r\nGovernment may, from time to time, specify. \r\n (3) A casual vacancy shall be filled by Government and a Member \r\nappointed to such vacancy shall hold office for the un -expired term of  his \r\npredecessor. \r\n \r\n1Substituted for the words  “Government of West Pakistan” by the Punjab Laws (Adaptation) Order, 1974 (1 of 1974) (w.e.f. \r\n14.8.1973), published in the Punjab Gazette (Extraordinary), dated November 20, 1974, pp . 1425-A-1425-PP, Article 2 read \r\nwith Second Schedule, Part III, Serial No. 70. \r\n (4) The Board in discharging its functions shall be guided by such \r\ndirections as Government may, from time to time, give. \r\n (5) If the Board fails to obey any direction under sub -section (4), \r\nGovernment may remove the Members and reconstitute the Board \r\n1\r\n[:] \r\n \r\n2\r\n[Provided that no order of removal shall be passed without giving the Board \r\nan opportunity of being heard, and showing cause against the removal.] \r\n5. Appointment of Chairman .– (1) Government shall appoint one of the \r\nMembers to be the Chairman. \r\n (2) The Chairman shall be the Chief Executive of the Board. \r\n6. Appointment of Project Director .– (1) For each local area there shall be \r\nappointed by Government a Project Director on such terms and conditions as may \r\nbe determined by Government. \r\n (2) The Project Director shall be responsible for the execution of the \r\nschemes and the implementation of the decisions of the Board. \r\n (3) The Project Director shall be the Secretary of the Board. \r\n7. Qualification and removal of Chairman .– (1) No person sha ll be or shall \r\ncontinue to be a Member who– \r\n(a) is or has at any time been convicted of an offence involving moral \r\nturpitude; or \r\n(b) is or has at any time been adjudicated insolvent; or \r\n(c) is or has at any time been disqualified for employment in, or dism issed \r\nfrom, the service of the State; or \r\n(d) is a minor; or \r\n(e) is found to be a lunatic or of unsound mind; or \r\n(f) has direct financial interest in the matters falling within the purview of \r\nthe Board; or \r\n(g) has a bad reputation. \r\n (2) \r\n3\r\n[Government may, af ter giving the Chairman or a Member an  \r\nopportunity of being heard and showing cause against the proposed action,  by order \r\nin writing, remove the Chairman or the Member, if  he–] \r\n(a) refuses or fails to discharge or becomes, in the opinion of Government, \r\nincapable of discharging his responsibilities under this Ordinance; or \r\n(b) has, in the opinion of Government, abused his position as Chairman or \r\nMember; or \r\n \r\n1Replaced for full stop by the West Pakistan Laws (Amendment) Ordinance, 1965 (XXXIV of 1965), published in the Gazette of \r\nWest Pakistan (Extraordinary), dated November 2, 1965, pp. 5607-5614, s. 3 read with Second Schedule, Serial No. 18. \r\n2Added by the Ordinance ibid. \r\n3Substituted for the words and commas “Government may, by order in writing, remove the Chairman or a Member if he” by the \r\nOrdinance ibid. \r\n(c) has knowingly acquired or continued to hold without the permission in \r\nwriting of Government direc tly or indirectly, or through a partner, any \r\nshare or interest in any contract or employment with or by or on behalf \r\nof the Board or in any land or property which, in his knowledge, is likely \r\nto benefit or has benefitted as a result of the operations of the Board; \r\n(d) has absented himself from three consecutive meetings of the Board \r\nwithout the leave of Government in the case of Chairman, or of the \r\nChairman in the case of a Member. \r\n8. Appointment of officers, etc .– (1) The Board may appoint such officers, \r\nadvisors and servants as it considers necessary for the efficient performance of its \r\nfunctions on such terms and conditions as it may deem fit in accordance with the \r\nscheme approved by Government. \r\n (2) The Chairman may, in cases of urgency, appoint such off icers, \r\nadvisors or servants and on such terms and conditions as he thinks fit: \r\nProvided that every such appointment shall be reported to the Board without \r\nunreasonable delay and shall not continue beyond six months unless approved by \r\nthe Board. \r\n9. Fees and  T.A. for non -official Members .– A Member, not being a \r\nGovernment servant, shall be paid such fees and travelling allowance for attending \r\nmeetings of the Board as may be prescribed. \r\n10. Recruitment conditions of service and disciplinary powers .– (1) \r\nProcedure for the appointment of officers and servants of the Board and the terms \r\nand conditions of their service shall be such as may be provided by regulations. \r\n (2) Subject to rules and regulations, the Board shall be competent to take \r\ndisciplinary action against its officers and servants. \r\n11. Meetings of the Board.– (1) The meetings of the Board shall be held at such \r\ntimes and at such places and as often as may be necessary, so however that the \r\nBoard meets at least once in three months. \r\n (2) The quorum at a m eeting of the Board shall be one -half of the total \r\nnumber of Members, a fraction counting as one. \r\n (3) The meetings of the Board shall be presided over by the Chairman, \r\nand in the absence of the Chairman by the Member authorized by him in writing in \r\nthat behalf, or in default of such authorization, by the person elected for the purpose, \r\nby the Members present from amongst themselves. \r\n (4) All questions which come up before the Board at a meeting shall be \r\ndecided by a majority of votes. Each Member including the Chairman, shall have one \r\nvote, but in the event of equality of votes, the Chairman shall have a second or \r\ncasting vote. \r\n (5) The minutes of every meeting of the Board, stating among other things \r\nthe names of the Members present, shall be drawn up and recorded in a book to be \r\nkept for the purpose, and shall be signed by the person presiding at the meeting and \r\nsuch book shall be open to inspection by the Members. \r\n12. Forwarding of agenda, etc., to Government .– (1) The Chairman shall \r\nforward to Government  a copy each of the agenda, working paper and the minutes \r\nof every meeting of the Board within fifteen days of the date on which the meeting is \r\nheld. \r\n (2) Government may require the Board to furnish– \r\n(a) any returns, statements, estimates, statistics or ot her information \r\nregarding any matter under the control of the Board; or \r\n(b) a report on any such matter; \r\nand the Board shall comply with any such requisition without undue delay. \r\n13. Delegation of powers.– (1) The Board may delegate to the  Chairman or any \r\nMember, Project Director or officer, any of its powers  under this Ordinance or the \r\nrules or regulations. \r\n (2) The Chairman may likewise delegate to any Member, Project Director \r\nor officer any of his powers, under this Ordinance or the rules or regulations,  not \r\nbeing a power delegated to him by the Board under sub-section (1). \r\nCHAPTER III \r\nFunctions and Powers of the Board \r\n14. Functions of the Board and scheme .– (1) The functions of the Board shall \r\nbe to ensure that an adequate supply of milk and milk product s of good quality is \r\navailable to the consumers of milk and milk products in the local area and for that \r\npurpose to prepare and execute schemes for regulating production, marketing and \r\ndistribution of milk and milk products. \r\n (2) Without prejudice to the g enerality of the foregoing provisions, any \r\nsuch scheme may provide for all or any of the following, namely:– \r\n(a) purchase and collection of milk from the producers; \r\n(b) establishment of Centres for the collection and testing of milk; \r\n(c) haulage of collected milk to the factory and its processing; \r\n(d) marketing, distribution and sale of milk and milk products and \r\nestablishment of depots therefor; \r\n(e) purchase, sale and distribution of concentrates and fodder; \r\n(f) organizing the producers of milk on co-operative basis; \r\n(g) sale or letting for hire to the producers of milk and milk products, any \r\nplant, machinery, vehicle or other equipment necessary for the \r\nproduction of milk and milk products; \r\n(h) establishment of producers colonies where the producers of mil k can \r\nbe removed and provided housing and other facilities for themselves \r\nand their livestock; \r\n(i) acquisition and maintenance of lands, buildings, plants, machinery, \r\nvehicles or other equipment required for any scheme or for any other \r\npurpose of this Ordinance; \r\n(j) stimulating dairy development or milk consumption. \r\n (3) A scheme prepared by the Board shall be submitted to Government for \r\napproval and shall not be implemented or executed wholly or partly before such \r\napproval has been obtained. \r\n (4) Government may sanction or may refuse to sanction, or may return for \r\nreconsideration any scheme submitted to it or may call for such further details or \r\ninformation about the scheme or may direct such further examination of the scheme \r\nas it may consider necessary. \r\n (5) When a scheme has been approved by Government, the Board shall, \r\nbefore proceeding to implement any part thereof, publish for general information the \r\nscheme or its salient features in such manner as may be prescribed. \r\n15. Power to make Order .– (1) The B oard may, with the previous approval of \r\nGovernment, by Order published in the Official Gazette and in such local \r\nnewspapers as the Chairman may think fit,– \r\n(a) fix the prices above which various grades or qualities of milk or milk \r\nproducts shall not be sold; \r\n(b) prohibit production, marketing or sale of milk and milk products, which \r\nare below such standard of quality as may be specified; \r\n(c) fix the prices above which various grades or qualities of raw milk shall \r\nnot be purchased; \r\n(d) require the registrati on of cattle with such authority, in such manner \r\nand on payment of such fees, as may be specified; \r\n(e) prohibit the keeping of cattle except under such conditions as may be \r\nspecified; \r\n(f) require the registration of the producers of milk with such authorit y, in \r\nsuch manner and on payment of such fees, as may be specified; \r\n(g) prohibit distribution or sale, or collection for distribution or sale of milk \r\nand milk products by any person except under and in accordance with \r\na licence issued in this behalf by such authority, in such manner and on \r\npayment of such fees, as may be specified; \r\n(h) direct that all milk brought for sale from outside shall be sold only to the \r\nBoard in such manner or on payment of such fees and at such places \r\nas may be specified; \r\n(i) provide for– \r\n(i) the prescription of methods to be followed in the preparation, \r\ntreatment, carriage, deposit, storage and sale of milk and milk \r\nproducts; \r\n(ii) the inspection of premises, production plants, stores, and \r\nanything used for any purpose specified in sub-clause (i); \r\n(iii) keeping of books and records by various categories of persons \r\nengaged in any functions under this Ordinance; \r\n(iv) the labelling of milk and milk products; \r\n(v) the prescription of containers to be used for milk and milk \r\nproducts. \r\nCHAPTER IV \r\nPlans, Projects and Schemes \r\n16. Preparation of plans .– Subject to the provisions of this Ordinance and the \r\nrules and regulations, the Board shall, with the previous approval in writing of  \r\nGovernment, prepare outline of a plan or plans for the execution of its objectives. \r\n17. Development Scheme and Projects .– The Board shall prepare schemes \r\nand projects on pro forma prescribed by Government for development schemes and \r\nsubmit them for the approval of Government, in such manner as may be prescribed. \r\n18. Subsidiary organisation.– The Board may set up special subsidiary \r\norganizations with the prior approval of Government as may be necessary for \r\nexecution of schemes or projects or delegate or entrust to any such organization \r\nsuch of its powers and functions as it thinks fit. \r\n19. Commercial transactions .– The Board may enter into commercial \r\ntransactions with any person or organization. \r\nCHAPTER V \r\nFinance \r\n20. Milk Board Fund.– (1) There shall be a fund to be known as the  “Milk Board \r\nFund” vested in the Board wh ich shall be utilized by the Board to meet charges in \r\nconnection with its functions under this Ordinance, including the payment of salaries \r\nand other remunerations to the Project Director, officers, advisers and servants of \r\nthe Board. \r\n (2) The Milk Board Fund shall consist of– \r\n(a) grants made by Government; \r\n(b) loans obtained from Government; \r\n(c) grants made by Local Bodies as required by Government; \r\n(d) loans obtained by the Board with the special or general sanction of \r\nGovernment; \r\n(e) foreign aid and loan s obtained with the previous sanction of the \r\n1\r\n[Federal] Government; \r\n(f) all fees, including the licence fees, received by the Board; and \r\n(g) all other sums received by the Board. \r\n21. Power of the Board to borrow money .– The Board shall be deemed to be a \r\nlocal authority under the Local Authorities Loans Act, 1914 (Act IX of 1914), for the \r\npurpose of borrowing money under that Act, and the making and execution of any \r\n \r\n1Substituted for the word “Central” by the Punjab Laws (Adaptation) Order, 1974 (1 of 1974) (w.e.f. 14.8.1973), published in the \r\nPunjab Gazette (Extraordinary), dated November 20, 1974, pp. 1425-A-1425-PP, Article 2 read with Second Schedule, Part III, \r\nSerial No. 70. \r\nscheme or project under this Ordinance shall be deemed to be a work which such \r\nauthority is l egally authorised to carry out; provided that no foreign loan shall be \r\nobtained without the previous sanction of Provincial Government and the \r\n1\r\n[Federal] \r\nGovernment. \r\n22. Custody and investment of funds .– (1) The Board may keep money in any \r\ntreasury, sub-treasury or a bank approved by Government. \r\n (2) Nothing in sub-section (1) shall be deemed to preclude the Board from \r\ninvesting any such moneys as are not required for immediate expenditure in any of \r\nthe securities described in section 20 of the Trusts Act, 1882 (Act II of 1882), or \r\nplacing them in fixed deposit with a bank approved by Government. \r\n23. The budget .– The Board shall prepare its annual budget estimates and \r\nsubmit the same to Government by the prescribed date and Government may modify \r\nthe said estimates to such extent as it may consider necessary. \r\nCHAPTER VI \r\nRules and Regulations \r\n24. Powers to make rules .– (1) Government may, by notification in  the Official \r\nGazette, make rules for the purpose of giving effect to the provisions of this \r\nOrdinance. \r\n (2) In particular, and without prejudice to the generality of the foregoing \r\npower, such rules may provide for– \r\n(a) the carrying out of continuous evaluation by Government of the work of \r\nthe Board; \r\n(b) the re-appropriation of funds within the sanctioned budget; \r\n(c) the maintenance of liaison between the Board and other bodies and \r\nauthorities concerned with administration and development, including \r\nthe local councils constituted under the Basic Democracies Order, \r\n1959 (P.O. 18 of 1959); \r\n(d) the powers, duties and functions of the Project Director; and \r\n(e) any other matter required by the provisions of this Ordinance to be \r\nprescribed. \r\n25. Power to make regulations .– (1) Subject to the provisions of this Ordinance \r\nand the rules, the Board may, by notification in  the Official Gazette, and with the \r\nprevious approval in writing of Government, make regulations for carrying out the \r\npurposes of this Ordinance. \r\n (2) In particular and without prejudice to the generality of the foregoing \r\npower, such regulations may provide for– \r\n(a) the appointment of committees to consider particular matter or matters; \r\n(b) the investment of moneys by the Board; \r\n \r\n1Ibid. \r\n(c) the meetings of the Board; \r\n(d) methods of ensuring continuous evaluation by the Board of its \r\nschemes and projects; \r\n(e) the determination of the terms and conditions of service of the officers \r\nand servants of the Board; \r\n(f) the mode of operation and expenditure of the funds of the Board; and \r\n(g) any other matters required by the provisions of this Ordinance to be \r\nprovided by regulations. \r\nCHAPTER VII \r\nSupplemental Provisions \r\n26. Chairman, etc., deemed public servants .– The Chairman, every Member, \r\nthe Project Director and every officer, adviser and servant of the Board shall be \r\ndeemed to be a public servant within the meaning of secti on 21 of the Pakistan \r\nPenal Code (Act XLV of 1860). \r\n27. Contribution by the Board towards leave, allowances and pension of \r\nGovernment servants.– The Board shall be liable to pay such contributions for the \r\nleave, allowances and pension of any person in the services of Government or the \r\n1\r\n[Federal] Government and employed as Project Director, adviser, officer or servant \r\nof the Board as may be required by the conditions of his service under such \r\nGovernment, to be paid to him or on his behalf. \r\n28. Penalties.– Whoever contravenes or fails to comply with any order made \r\nunder section 15 shall be punished with imprisonment for a term not exceeding six \r\nmonths or with fine not exceeding one thousand rupees or with both. \r\n29. Authority for prosecution .– No Court shall ta ke cognizance of any offence \r\npunishable under this Ordinance, except on the complaint of the Chairman or some \r\nperson authorised by the Board or by the Chairman by general or special order in \r\nthis behalf. \r\n30. Recovery of dues .– The Chairman or any person ge nerally or specially \r\nauthorized by him may apply to the competent authority for the recovery of any sum \r\ndue under this Ordinance or by agreement made under this Ordinance and the said \r\nauthority shall thereupon proceed to recover the sum as if it were an ar rear of land \r\nrevenue. \r\n31. The powers of the Chairman as to institution, etc., of legal proceedings \r\nand obtaining legal advice .– The Chairman may, subject to the control of the \r\nBoard– \r\n(i) institute, defend or withdraw from legal proceedings under this \r\nOrdinance; \r\n(ii) compound any offence against this Ordinance; \r\n \r\n1Substituted for the word “Central” by the Punjab Laws (Adaptation) Order, 1974 (1 of 1974) (w.e.f. 14.8.1973), published in the \r\nPunjab Gazette (Extraordinary), dated November 20, 1974, pp. 1425-A-1425-PP, Article 2 read with Second Schedule, Part III, \r\nSerial No. 70. \r\n(iii) admit, compromise or withdraw any claim made under this Ordinance; \r\nand \r\n(iv) obtain such legal advice and assistance as he may, from time to time, \r\ndeem it necessary or expedient to obtain or as h e may be desired by \r\nthe Board to obtain, for any of the purposes referred to in the foregoing \r\nclauses of this section, or for securing the lawful exercise or discharge \r\nof any power or duty vested in or imposed upon the Board or any \r\nofficer or servant of the Board. \r\n32. Indemnity of the Board, etc .– No suit shall be maintainable against the \r\nBoard, the Chairman, Project Director or any officer, adviser or servant of the Board, \r\nor any person acting under the direction of the Board, or of the Chairman, Project \r\nDirector or any officer or servant of the Board in respect of anything done lawfully \r\nand in good faith and with due care and attention under this Ordinance. \r\n33. Notice of suit against the Board .– (1) No suit shall be instituted against the \r\nBoard, the Chairman, Project Director, any person associated with the Board, or any \r\nofficer, adviser or servant of the Board, or any person acting under the direction of \r\nthe Board or of  the Chairman, Project Director or any officer or servant of the Board \r\nin respect of an act purporting to be done under this Ordinance, until the expiration of \r\ntwo months next after notice in writing has been, in the case of the Board left at its \r\noffice, and in any other case delivered to or left at the office or place of abode of the \r\nperson to be sued, explicitly stating the cause of action, the nature of the relief \r\nsought, the amount of compensation claimed, and the name and place of abode of \r\nthe intending plaintiff; and in case the suit is filed, the plaint shall contain a statement \r\nthat such notice has been so delivered or left. \r\n \r\n1\r\n[Provided that where any such suit is instituted without delivering or leaving \r\nsuch notice as aforesaid or before the expiration of the said period of two months or \r\nwhere the plaint does not contain a statement that such notice has been so delivered \r\nor left, the plaintiff shall not be entitled to any costs.] \r\n (2) If the Board or other person referred to in sub -section (1) shall before \r\nthe action is commenced, have tendered, in the opinion of the Court, sufficient \r\namends to the plaintiff, the plaintiff shall not recover any sum in excess of the \r\namount so tendered and shall also pay all costs incurred by the defendant after such \r\ntender. \r\n (3) No action such as is described in sub -section (1) shall, unless it is an \r\naction for the recovery of immovable property or for a declaration of the title thereto \r\nbe commenced otherwise than within six months next after the accrual of the cause \r\nof action: \r\n Provided that nothing in sub -section (1) shall be construed to apply to a suit  \r\nwherein the only relief claimed is an injunction of which the object would be defeated \r\nby the giving of the notice or the postponement of the commencement of the suit or \r\nproceedings. \r\n \r\n1Added by the Punjab Milk Boards (Amendment) Ord inance, 1985  (XXVI of 19 85), published in the Punjab Gazette \r\n(Extraordinary), dated February 23, 1985, s. 2. \r\n34. Mode of proof of the Board’s records .– A copy of any receipt, applic ation, \r\nplan, notice, order, entry in a register or other documents in the possession of the \r\nBoard shall, if duly certified by the legal keeper thereof, or other person authorized \r\nby the Board in this behalf, be received as prima facie evidence of the exist ence of \r\nthe entry or document and shall be admitted as evidence of the matter s and \r\ntransaction therein recorded in every case where and to the same extent, as the \r\noriginal entry or document would, if produced, have been admissible to prove such \r\nmatters. \r\n35. Restriction in the summoning of the Board servants to  produce \r\ndocuments.– Neither the Chairman nor the Project Director, any adviser, officer, or \r\nservant of the Board shall in any legal proceedings to which the Board is not a party \r\nbe required to produc e an y register or documents the contents of which can be \r\nproved under the preceding section by a certified copy, or to appear as a witness to \r\nprove the matters and transactions, recorded therein unless by order of the Court \r\nmade for special cause. \r\n36. Validation of acts and proceedings .– (1) No act done or proceedings taken \r\nunder this Ordinance shall be questioned on the ground merely of– \r\n(a) the existence of any vacancy in, or any defect in the constitution of the \r\nBoard; or \r\n(b) any person having ceased to be a  Member has continued to act as \r\nsuch; or \r\n(c) any omission, defect or irregularity not affecting the merits of the case. \r\n (2) Every meeting of the Board, the minutes of the proceedings of which \r\nhave been duly signed as prescribed in clause (5) of sectio n 11  shall be taken to \r\nhave been duly convened and to be free from all defects and irregularities. \r\n37. General powers of the Board to pay compensation .– In any case not \r\notherwise expressly provided for in this Ordinance, the Board may with the prior \r\napproval of Government pay reasonable compensation to any person who sustains \r\ndamage by reason of the exercise of any of the powers vested under this Ordinance \r\nin the Board or the Chairman, Project Director or any officer or servant of the Board. \r\nCHAPTER VIII \r\nAudit and Accounts \r\n38. Accounts and Audit .– (1) The Board shall maintain proper accounts and \r\nother relevant records and prepare annual statement of accounts including the profit \r\nand loss account and balance -sheet in accordance with such general directions as  \r\nmay be issued, and in such form as may be specified by Government in consultation \r\nwith the Accountant-General, West Pakistan or the Comptroller and Auditor -General, \r\nhereinafter in this section referred to as the Auditor-General. \r\n (2) The accounts of the B oard shall be audited by an auditor who shall be \r\nchartered accountant within the meaning of the Chartered Accountants Ordinance, \r\n1961 (Ordinance X of 1961) and appointed for the purpose by the Board with the \r\nprevious approval in writing of Government. \r\n (3) Notwithstanding, the audit provided for in sub -section (2) the  Auditor-\r\nGeneral shall audit or cause to be audited the accounts of the Board. \r\n (4) The Board shall produce all accounts books and connected documents \r\nand furnish such explanation and informat ion as the Auditor-General may require at \r\nthe time of audit. \r\n (5) A statement of its accounts audited by the chartered accountant \r\nreferred to in sub -section (2) shall be forwarded to Government by the Board as \r\nsoon as possible after the end of every financial year. \r\n39. Annual report.– The Board shall, as soon as possible after the end of every \r\nfinancial year, submit an annual report to Government on the conduct of its affairs for \r\nthat year. \r\nCHAPTER IX \r\nDissolution \r\n40. Dissolution of the Board.– (1) Government may, by notification in the Official \r\nGazette declare that a Board shall be dissolved from such date as may be specified \r\nin the notification and thereupon the Board shall stand dissolved on that date. \r\n (2) From the said date– \r\n(a) all properties, funds and  dues which immediately before the said date \r\nwere vested in or were realizable by the Board shall vest in and be \r\nrealizable by Government; \r\n(b) all liabilities which immediately before the said date were enforceable \r\nagainst the Board shall be assumed by, an d be enforceable against \r\nGovernment; and \r\n(c) for the purpose of completing the execution of any scheme or project \r\nsanctioned under this Ordinance which has not been fully executed by \r\nthe Board and of realizing properties, funds and dues referred to in \r\nclause (a ) the functions of the Board shall be discharged by \r\nGovernment.",
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