(3119) Haryana Government Gazette EXTRAORDINARY Published by Authority © Govt. of Haryana No. 154–2019/Ext.] CHANDIGARH, TUESDAY, SEPTEMBER 10, 2019 (BHADRA 19, 1941 SAKA) HARYANA GOVERNMENT ANIMAL HUSBANDRY & DAIRYING DEPARTMENT PASHUDHAN BHAWAN, BAYS NO. 9, 12, SECTOR 2, PANCHKULA, HARYANA 134109 Notification The 10th September, 2019 ONE TIME SETTLEMENT SCHEME No. 4719-CFMS-AH-4-2019/9114.— INTRODUCTION Vide notification dated 12.04.2001, the Legislature of State of Haryana had enacted the Act, namely, ‗The Haryana Murrah Buffalo & Other Milch Animal Breed (Preservation & Development of Animal Husbandry & Dairy Development Sector) Act, 2001’. Section 6(1) of the Murrah Act, 2001 empowers the State Government to impose cess upon the license capacity of milk plants and as per Sub-section 2 of Section 6 of the Act read with Rules, 19 and 20 of the Murrah Rules, 2002, the milk plants are required to make payment of cess, on quarterly basis, as per the procedure prescribed under Clause 3 of Rule 19 of 2002 Rules. The outstanding amount of cess and interest qua the milk plants is burgeoning with passage of time and due to the non-payment of cess and the monthly compounded 2% p.m. interest imposed on the delayed payment of principal amount of cess, in accordance with rule 21(1) of Haryana Haryana Murrah Buffalo & Other Milch Animal Breed Rules, 2002. Thus their liabilities have enhanced considerably because of substantial amount of interest and this is making it difficult for the milk plants to get working capital from the banks and pushing them into closure. DEFINITIONS
(a) For the purpose of this scheme the Eligible Milk Plant means any person or entities/companies operating the milk processing unit who is liable to pay its outstanding dues under the aforementioned Act of 2001 and who fulfils the terms and conditions of this OTS.
(b) Contact person means the person named by the Authorized person of the Milk Plant for communication regarding OTS.
(c) Committee for OTS has been made to resolve any doubts/confusion as explained below.
(d) A special Bank account named MD, HLDB, Milk Cess (OTS) has been opened in HDFC Bank, Swastik Vihar, Sector 5, Panchkula, IFSC code HDFC 0001321 for this purpose.
(e) Words and Expressions not defined under this scheme shall have the same meaning as given in the aforementioned Act of 2001. 3120 HARYANA GOVT. GAZ. (EXTRA.), SEPT. 10, 2019 (BHDR. 19, 1941 SAKA) PURPOSE & SCOPE OF ONE TIME SETTLEMENT SCHEME Keeping in view the public interest at large due to on coming flush season and with an intent to help plants avail working capital limits and run on maximum possible capacity and thus procure more milk from the farmers of the State and ultimately help them, the State Government has taken a conscious decision to formulate and introduce a One Time Settlement Scheme to encourage the defaulter milk plants to come forward voluntarily and pay the due cess and reasonable simple interest to get immunity from the imposition of monthly compounded interest as provided in the rules. This One Time Settlement Scheme would be a limited-time opportunity for the defaulters enabling them to clear the liability and settle payment outstanding of cess pertaining to period from the very beginning of their operations till 30th June, 2019 (as cess is calculated Quarter-wise) and thereafter the cess that accrues plus interest till the date of settlement. SETTLEMENT FORMULA & TIMELINE FOR PAYMENT UNDER OTS SCHEME The defaulter entities/companies/milk plants would be permitted to pay the pending (balance) principal amount of milk cess due alongwith simple interest calculated @ 12% (from the date of default), for receiving the benefits of the instant scheme. It is further to be noted that to be eligible for the scheme at least 50% of this amount due (principal & @12% interest) shall be paid by the company concerned within 60 days of the commencement of the scheme and this shall be construed as opting for the scheme. The balance should be paid within next 6 months. PROCEDURE OF APPLICATION The desiring entities/ companies/ milk plants are being intimated about the amount outstanding as on 30th June, 2019 as per Annexure–I. Thereafter they are required to submit their prescribed OTS application in the proper format i.e. Annexure –II along with 50% of the amount of total cess and interest as intimated before the Committee for OTS, O/o Managing Director, Haryana Livestock Development Board with a copy to the ACS (AH&D) Haryana Room 211, New Haryana Civil Secretariat. (Opposite Fire Brigade), Sector 17, Chandigarh within 60 days of commencement of the scheme as prescribed under the OTS Scheme. The applicant shall deposit all the due papers along with Proof of depositing of the 50% dues in the special HLDB account opened for this purpose to the office of MD, HLDB with a copy to O/o ACS (AH&D) Haryana. The Proof of depositing of 50% of the dues in the HLDB account shall be sufficient proof of willingness to join the scheme and accept it‘s conditions. COMMITTEE for OTS The Committee for OTS to verify the documents shall be as follows (quorum, including the Chairman, shall be any five):
1. Dr. O.P. Chikara Joint Director (Admn.), (Chairman)
2. Dr. Rajender Kumar DD (HQ) (Mobile No. : 9416172548, email : hldb-hry@nic.in) (0172-2574663-64)
3. Dr. Jagdeep Malik DD (Board)
4. Sh. Kuldeep Singh A.O. (O/o DGAH)
5. Sh. P.C. Sharma A.O. (O/o HLDB)
6. Sh. Mohit Sharma ADA (O/o DGAH)
7. Sh. Vishal Malik Law Officer (O/o HLDB) Once the committee goes through the documents and within 7 days does not convey anything adverse to the person named as Contact person in the application, the application shall be deemed to have been accepted in the first instance. TERMS & CONDITIONS I. WITHDRAWAL OF PENDING CASES by the MILK PLANTS i. Any entity/company/milk plant, who opts for the OTS scheme and is willing to avail the benefits thereof, is required to withdraw by giving an Affidavit and making an application of early hearing clearly stating that it is withdrawing the cases pertaining to all cases such as appeals, writ petitions and all other cases, pertaining to justification, quantum and liability of cess and interest under the aforementioned Act of 2001, pending adjudication before any authority or any Hon‘ble Court of Law in India. ii. In the event of failure of beneficiary milk plant/entity/company to withdraw the court cases, pertaining to the liability of the cess, is justification and interest, the proceedings would be finalized, in accordance with law and the waiver of interest shall not be allowed. The amount deposited under the instant scheme will be adjusted against the dues accordingly as if the OTS had never been availed. mailto:hldb-hry@nic.in HARYANA GOVT. GAZ. (EXTRA.), SEPT. 10, 2019 (BHDR. 19, 1941 SAKA) 3121 iii. Simple Interest @12% will continue on the balance amount offered for OTS as on 30th June, 2019 till the date of final settlement. The normal cess for current period will be separately paid, along with interest if any, if not paid on time. iv. Also in case there is some calculation error etc. the milk plant shall agree to pay the corrected amount. II. OTHER TERMS & CONDITIONS
(a) The One Time Settlement Scheme will be applicable only qua the applicant milk plants managements, who undertake to furnish an affidavit assuring that they would make payment of cess, interest and penalty (if any) consistently, without any default or break; during the duration of next five years from the date of settlement.
(b) If the OTS amount is not paid within the schedule stipulated, then the benefit under OTS shall stand withdrawn qua the defaulter and the amount so deposited shall be adjusted in the interest dues of the milk plant and resultantly, all other benefits also would be withdrawn on account of non-payment of cess and interest.
(c) For the purpose of availing benefit of One Time Settlement Scheme, all the applicant milk plants must undertake to adopt one village in their respective area of operation, for the purpose of encouraging establishment of modern dairies and introduction of various dairy schemes launched/initiated by Animal Husbandry & Dairying Department, Haryana, from time to time.
(d) The milk plants must undertake to take all appropriate steps for collection, processing, packaging and marketing of milk of indigenous cows and other bovines, in separate pouches/bottles.
(e) Each registered milk plant situated within the jurisdiction of State of Haryana will adopt one Government Veterinary Hospital for animal welfare measures; however, the State Government would continue to bear the salary of the concerned staff of the Government Veterinary Hospital. NON COMPLIANCE OF SETTLEMENT TERMS In case of default in payment of settled dues and non-compliance of other terms and conditions of settlement, the Haryana Livestock Development Board would reserve the exclusive right to recover the dues, as existed prior to the settlement, alongwith future interest thereon as if the OTS had never been availed by the said plant. If the beneficiary of the scheme, under compelling circumstances, is unable to make the BALANCE payment arrived at, on the basis of the OTS terms, he may request and apprise the Committee for OTS and depending upon the merits and attendant circumstances of individual case, same could be considered by the Committee for OTS and decide the case. Reasons and proper justification must be furnished by the concerned beneficiary for claiming any such relief. REMOVAL OF DOUBTS
(i) Nothing contained in this scheme shall be constructed as conferring any benefit, concession or immunity upon any entity/ milk plant/ company, other than the benefits, concessions or immunity granted under the scheme.
(ii) In case of any ambiguity or dispute arising out of this scheme, the decision of Committee for OTS thereon shall be final.
(iii) The Milk Plant shall continue to deposit the routine cess as before during the period of this scheme and afterwards and that amount shall not be mixed with the One Time Settlement.
(iv) In case, the beneficiary of this scheme still feels aggrieved by the decision of the Committee for OTS with regard to the payment of cess and related matters under this scheme, could file an appeal before the Administrative Secretary of Animal Husbandry and Dairying Department, Haryana. CONCLUDING CLAUSE The terms and conditions incorporated under the Scheme shall have to be accepted voluntarily by the beneficiary, while applying to avail the benefit of this policy. There is no compulsion to accept the terms and conditions. The Haryana Livestock Development Board and Committee for OTS shall have absolute right to change/ modify/ improve upon any clause or entire policy during operation of the instant One Time Settlement Scheme, at any point of time and shall also have the absolute right to cancel the instant policy at any time. This scheme shall be deemed to have commenced from 11th Sept., 2019 and 60 days shall be counted from this date and 6 months thereafter. DR. SUNIL KUMAR GULATI, Additional Chief Secretary to Government Haryana, Animal Husbandry and Dairying Department. 3122 HARYANA GOVT. GAZ. (EXTRA.), SEPT. 10, 2019 (BHDR. 19, 1941 SAKA) Annexure-I COMPARATIVE STATEMENT SHOWING THE AMOUNT RECOVERABLE FROM VARIOUS MILK PLANTS ON ACCOUNT OF CESS DUE AND RECOVERABLE, AMOUNT RECEIVED AGAINST THE CESS, INTEREST BECOMING DUE AND THE TOTAL AMOUNT RECOVERABLE FROM VARIOUS MILK PLANTS SR. NO. SBO NAME OF THE MILK PLANT ON COMPOUND INTEREST ON SIMPLE INTEREST (12%) CESS DUE INTEREST AMOUNT RECEIVED BALANCE CESS DUE INTEREST AMOUNT RECEIVED BALANCE
1. Jagadhri Co-operative Milk Producers Union Limited 501,13,000 4109,96,464 321,03,583 4290,05,881 501,13,000 286,18,805 321,03,583 466,28,222
2. M/s Smriti Products (P) Ltd. 409,57,500 5802,30,631 139,48,125 6072,40,006 409,57,500 340,64,413 139,48,125 610,73,788
3. Gurgaon M/s DSPI Milk Foods Ltd. 56,54,625 298,13,535 29,37,500 325,30,660 56,54,625 37,89,886 29,37,500 65,07,011
4. M/s Kawality Dairy India 40957500 4460,23,771 212,96,049 4656,85,222 409,57,500 277,77,676 212,96,049 474,39,127
5. M/s G.K. Dairy and Milk Products Pvt. Ltd. 903,63,750 9205,23,183 231,24,375 9877,62,558 903,63,750 676,21,836 231,24,375 1348,61,211
6. M/s Banaskantha Distt. Co.Op Milk producer's Union Ltd. 562,00,000 82,90,726 707,47,036 (62,56,310) 562,00,000 34,55,608 707,47,036 (110,91,428)
7. Ballabgarh Co-op Milk Producers Union Limited Ballabgarh Town 68788750 5751,97,110 470,42,435 5969,43,425 687,88,750 364,46,329 470,42,435 581,92,644
8. M/s Industrial Progressive Pvt. Ltd. 419,85,000 6151,89,769 119,47,501 6452,27,268 419,85,000 405,61,515 119,47,501 705,99,014
9. M/s Bharat Dairy Udyog 163,83,000 1814,10,599 89,92,125 1888,01,474 163,83,000 110,73,733 89,92,125 184,64,608
10. M/s Mehsana Distt. Coop Milk Producers Union Ltd. 3196,92,000 12079,21,460 936,51,000 14339,62,460 3196,92,000 1714,42,810 936,51,000 3974,83,810
11. M/s Neo Anurena Trisar, Food Products Pvt. Ltd. 72,22,500 340,53,209 72,13,500 340,62,209 72,22,500 23,87,976 72,13,500 23,96,976
12. M/s Nanak Dairy 72,30,000 2281,63,000 - 2353,93,000 72,30,000 122,93,153 - 195,23,153
13. Jind M/s Jind Co-op Milk Producers Union Ltd. 672,26,500 6074,25,534 432,08,925 6314,43,109 672,26,500 413,79,857 432,08,925 653,97,432
14. M/s Lakshya Food (India) Ltd. 38,07,750 107,19,035 4,68,500 140,58,285 38,07,750 21,62,420 4,68,500 55,01,670
15. M/s B.K.Anand Food Pvt. Ltd. 47,96,750 21,42,426 69,81,894 (42,718) 47,96,750 5,67,269 69,81,894 (16,17,875)
16. M/s Goldline Milk Food 105,32,500 1271,59,599 6256437 1314,35,662 105,32,500 70,61,658 62,56,437 113,37,721
17. M/s Sterling Agro Industries 435,86,875 7261,00,407 488,00,625 7208,86,657 435,86,875 189,50,037 488,00,625 137,36,287
18. M/s Daily Foods India Ltd. 271,02,500 3613,46,893 150,16,250 3734,33,143 271,02,500 185,49,269 150,16,250 306,35,519
19. M/s SBP Industries (P) Ltd (Heritage Food (P) Ltd.,) 72,37,500 49,12,104 18,88,314 102,61,290 72,37,500 16,05,153 18,88,314 69,54,339
20. M/s Parag Milk Food 33,15,000 3,06,676 3,35,073 32,86,603 33,15,000 1,44,297 3,35,073 31,24,224
21. Karnal M/s Asha Dairy 56,82,750 1041,77,888 4,56,125 1094,04,513 56,82,750 72,16,190 4,56,125 124,42,815
22. M/s Karnal Milk Food 371,47,750 6904,53,977 134,48,500 7141,53,227 371,47,750 333,05,971 134,48,500 570,05,221
23. M/s Modern Dairies Ltd. 1787,65,000 17326,56,662 591,00,000 18523,21,662 1787,65,000 1271,81,740 591,00,000 2468,46,740 HARYANA GOVT. GAZ. (EXTRA.), SEPT. 10, 2019 (BHDR. 19, 1941 SAKA) 3123 SR. NO. SBO NAME OF THE MILK PLANT ON COMPOUND INTEREST ON SIMPLE INTEREST (12%) CESS DUE INTEREST AMOUNT RECEIVED BALANCE CESS DUE INTEREST AMOUNT RECEIVED BALANCE
24. M/s Model Dairy Plant NDRI 216,10,500 574,65,524 46,00,000 744,76,024 216,10,500 101,57,094 46,00,000 271,67,594
25. M/s Girdhar Milk Products 21,95,000 9,11,637 37,49,961 (6,43,324) 21,95,000 3,00,943 37,49,961 (12,54,018)
26. M/s Rattan Milk Products 52,86,046 1169,81,250 125,74,088 1096,93,208 52,86,046 48,20,560 125,74,088 (24,67,482)
27. M/s Ram Kumar Agency 5,73,750 9,58,624 - 15,32,374 5,73,750 2,82,639 - 8,56,389
28. M/s Sahara Pure Eatables Co. Ltd. 55,50,000 74,34,796 - 129,84,796 55,50,000 21,82,465 - 77,32,465
29. M/s Nestle India Ltd. 2196,19,563 184,61,379 2400,21,875 (19,40,934) 2196,19,563 5,79,335 2400,21,875 (198,22,978)
30. M/s Derby Dairy Pvt. Ltd. 3,07,500 3,58,347 1,87,000 4,78,847 3,07,500 93,803 1,87,000 2,14,303
31. Pehowa M/S Parul Foods Specialities (P) Ltd. 171,80,625 3417,64,113 88,07,812 3501,36,926 171,80,625 172,36,056 88,07,812 256,08,869
32. M/s Raj Milk Foods Products 5,12,250 139,27,742 - 144,39,992 5,12,250 8,63,068 - 13,75,318
33. M/s Markandeshwar Foods & Allied Products Limited 183,88,875 2550,46,810 191,28,376 2543,07,309 183,88,875 78,44,163 191,28,376 71,04,662
34. M/s KMG Milk Food & Allied Products Ltd. 373,12,501 9276,49,812 230,21,250 9419,41,063 373,12,501 346,56,486 230,21,250 489,47,737
35. M/s Haryana Milk Foods, (P) Ltd. 624,34,501 10228,36,020 156,44,645 10696,25,876 624,34,501 692,68,600 156,44,645 1160,58,455
36. M/s Jai Durga Milk Products/ Inodya Foods (P) Ltd. 19,12,875 284,30,377 4,63,750 298,79,502 19,12,875 20,68,264 4,63,750 35,17,389
37. M/s Kurukshetra & Karnal Co-operative Milk Producers Union Ltd.. 17,36,000 13,91,899 90,000 30,37,899 17,36,000 4,74,518 90,000 21,20,518
38. Narnaul M/s Orient Agro (P) Ltd. 51,52,500 468,17,861 - 519,70,361 51,52,500 56,66,078 - 108,18,578 COMPARISON SUMMARY OF MILK CESS CALCULATION SR NO. SBO NAME OF THE MILK PLANT CALCULATION MADE BY US ON COMPOUND INTEREST ON SIMPLE INTEREST (12%) CESS DUE INTEREST AMOUNT RECEIVED BALANCE CESS DUE INTEREST AMOUNT RECEIVED BALANCE
39. Rohtak M/s Rohtak Co-op Milk Producers Union Ltd. 601,78,750 5491,50,574 355,96,000 5737,33,324 601,78,750 337,53,165 355,96,000 583,35,915
40. M/s Sabarkantha District Co-op Milk Producers Union Ltd. 543,86,250 1,24,964 685,97,529 (140,86,315) 543,86,250 61,657 685,97,529 (141,49,622)
41. Sirsa M/s Co-op Milk Producers Union Ltd. 561,81,000 6144,20,601 304,06,500 6401,95,101 561,81,000 422,43,424 304,06,500 680,17,924 GRAND TOTAL 17052,66,985 136093,46,986 9918,52,658 143227,61,313 17052,66,985 9302,09,916 9918,52,658 16436,24,243 3124 HARYANA GOVT. GAZ. (EXTRA.), SEPT. 10, 2019 (BHDR. 19, 1941 SAKA) Annexure II APPLICATION FOR ACCEPTANCE OF ONE TIME SETTLEMENT OFFER From ___________________________________ ___________________________________ ___________________________________ To Committee for OTS, O/o The Managing Director, Haryana Livestock Development Board, Bay No. 9-12, Pashudhan Bhawan, Panchkula (Haryana) Subject: For Availing One Time Settlement Scheme. Sir, I,_______________________________________________ S/o____________________________________ R/o________________________________________Partner/Director/Proprietor of _______________________ which is the registered owner of the Milk Plant namely _____________________________________________ located at _________________________________and having been duly authorized for the purpose of filing OTS of Haryana Livestock Development Board bring out hereunder: That our Contact person for the sake of this OTS shall be: _____________________________________ S/o_____________________ Mob. _______________________E-mail ____________________________________ That the loan is defaulted due to the following reasons:
1. __________________________________________________________________
2. __________________________________________________________________ That I/we intend to settle the account under One Time Settlement Scheme offered by Haryana State Govt. through HLDB. I/we undertake to abide by the terms and conditions of the ―One Time Settlement Scheme‖ offered by the Government of Haryana through HLDB. An Affidavit regarding withdrawal of all Court cases against Haryana Govt./HLDB in this regard is attached along with this application. That the Cess account details are as following as on 30.06.2019: Principal Outstanding 1. Cess: Rs.
2. Compound Interest: Rs
3. Simple Interest @ 12 % per annum : Rs. Total if OTS is availed (1) + (3) : Rs. Amount Deposited : Rs. Balance Amount (as on 30/6/19) : Rs. 50 % of the Balance Amount : Rs. That I/we have paid 50 % of the Balance amount i.e. Rs. as one time settlement of cess on _________by way of DD/RTGS No. ________________on Date______________. (Proof/Receipt enclosed). I shall arrange to pay the balance 50 % of the amount within six months thereafter as per the OTS and as detailed in the schedule given below: DATE AMOUNT That I/we understand that in case of non-payment of dues as per above schedule: I /we shall not remain eligible to avail the OTS. That in case there is some calculation error etc. I/we shall agree to pay the corrected amount. Yours faithfully, Place: Date: (Name & Seal) HARYANA GOVT. GAZ. (EXTRA.), SEPT. 10, 2019 (BHDR. 19, 1941 SAKA) 3125 Enclosures: CHECK LIST OF ITEMS TO BE ATTACHED WITH THE APPLICATION :
1. Ownership proof/partnership deed etc.
2. Authorization by the Company of the signatory to the application
3. Proof of payment of 50% amount
4. Affidavit of withdrawal of court cases SETTLEMENT OF OTS AMOUNT Name &Address of the Milk Plant: _________________________________________________________________ Documents received from/ Authorized person: ________________________________________________________ Contact Person:Name ___________________________________________________________________________ Mob.:_______________________________E-mail: __________________________________________________ DETAILS OF AMOUNT DUE :
1. As per HLDB Principle Cess as on 30/6/2019 Compound Interest @ 2 % p.m. Amount Received Balance
2. Amount
3. As per Party Principle Cess as on 30/6/2019 Interest @ 12 % Amount Received Balance
4. Amount
5. 50% of the Balance Amount at 3 Amount offered now Amount offered in next 6 months Amount accepted by Committee now Amount sought by Committee in next 6 months
6. Amount RECOMMENDATIONS OF THE SETTLEMENT COMMITTEE Case accepted /Not Accepted Reasons ________________________________________________________________________ Remarks _______________________________________________________________________ Signatures of all the Committee Members:
1. Dr. O.P. Chikara Joint Director, (Admn.) (Chairman)
2. Dr. Rajender Kumar DD(HQ)
3. Dr. Jagdeep Malik DD(Board)
4. Sh. Kuldeep Singh A.O.(O/o DGAH)
5. Sh. P.C. Sharma A.O. (O/o HLDB)
6. Sh. Mohit Sharma ADA (O/o DGAH)
7. Sh. Vishal Malik Law Officer (O/o HLDB) Cc: For information and necessary action
1. Additional Chief Secretary, Animal Husbandry & Dairying Department, Haryana, Chandigarh.
2. DG, Animal Husbandry
3. MD, HLDB
4. Contact Person______________________________________________________________ 57360—C.S.—H.G.P., Chd.