GOVERNMENT OF KERALA Law (Legislation-I) Department NOTIFICATION In pursuance of clause (3) of Article 348 of the Constitution of India, the Governor is pleased to authorise the publication in the Gazette of the following translation in English language of the Kerala Dairy Farmers’Welfare Fund (Amendment) Act, 2023 (8 of 2024).
By order of the Governor, K. G. SANALKUMAR, Law Secretary.
No. 86/Leg.I2/2022/Law. Dated, Thiruvananthapuram, 7th June, 2024 24th Idavam, 1199 17th Jyaishta, 1946.
8 This is a digitally signed Gazette.
Authenticity may be verified through https://compose.kerala.gov.in/ [Translation in English of “2023- ീര ിധി (ഭഗി) ആ്റ”് published under the authority of the Governor.]
ACT 8 OF 2024 THE KERALADAIRY FARMERS’WELFARE FUND (AMENDMENT) ACT, 2023 An Act further to amend the Kerala Dairy Farmers’Welfare Fund Act, 2007 Preamble.—WHEREAS, it is expedient further to amend the Kerala Dairy Farmers’ Welfare Fund Act, 2007 (Act 7 of 2007) for the purposes hereinafter appearing;
BE it enacted in the Seventy-fourth Year of the Republic of India as follows:—
1. Short title and commencement.—(1) ThisAct may be called the Kerala Dairy Farmers’ Welfare Fund (Amendment) Act, 2023.
(2) It shall come into force at once.
2. Amendment of long title.—In the Kerala Dairy Farmers’ Welfare Fund Act, 2007 (Act 7 of 2007) (hereinafter referred to as the principal Act), for the long title, the following long title shall be substituted, namely:— “An Act to provide for the constitution of a Fund to grant relief to the dairy farmers engaged in cattle rearing in the State of Kerala, to ensure their welfare, to pay pension to them, to implement insurance schemes for them and family and to implement other financial assistances including schemes for the distribution of feed, medicine etc. for their cattle and for matters connected therewith or incidental thereto.”.
3. Amendment of Preamble.—In the principal Act, for the preamble, the following preamble shall be substituted, namely:— “Preamble.—WHEREAS, it is expedient to provide for the constitution of a Fund to grant relief to the dairy farmers engaged in cattle rearing in the State of Kerala, to ensure their welfare, to pay pension to them, to implement insurance schemes for them and their family and to implement other financial assistances including schemes for the distribution of feed, medicine etc. for their cattle and for matters connected therewith or incidental thereto;”.
4. Amendment of section 2.—In section 2 of the principal Act,—
(i) clause (a) shall be re-lettered as clause “(aa)” and before clause (aa) so re-lettered, the following clause shall be inserted, namely:— 9 This is a digitally signed Gazette.
Authenticity may be verified through https://compose.kerala.gov.in/ “(a) ‘Anand Pattern Milk Producers Co-operative Society’ means those Milk Producers Co-operative Societies in the nameAnand Pattern Co-operative Societies which are under the administrative control of the Dairy Development Department and registered and functioning in the State after 1st January, 1980 as per the Kerala Co-operative Societies Act, 1969 (21 of 1969) and the rules made thereunder;”.
(ii) in clause (d) for the words “markets at least five hundred litres of milk per year” the words “giving milk” shall be substituted.
(iii) after clause (m), he following clause shall be inserted, namely:— “(ma) ‘Traditional Primary Milk Co-operative Society’means the Primary Milk Co-operative Societies such as Dairy Co-operative Societies, Milk Producers Co-operative Societies, under the administrative control of the Dairy Development Department, which were registered and functioning prior to the commencement of the Kerala Co-operative Societies Act, 1969 (21 of 1969) as per the erstwhile Co-operative laws in Travancore, Kochi, Travancore-Kochi and Malabar areas and those which were registered before the 1st January, 1980 and functioning after the commencement of the Kerala Co-operative Societies Act, 1969 as per the said Act and rules made thereunder;”.
5. Amendment of section 3.—In section 3 of the Principal Act,—
(i) for item (iv) of sub-section (2), the following item shall be substituted, namely:— “(iv) the receipts as determined by the Government from those such as cattle feed manufacturing establishments, milk product manufacturers, private dairy owners and co-operative dairy establishments, veterinary medicine manufacturers and distributors and cattle semen producers and distributors;”.
(ii) clause (e) of sub-section (4) shall be re-lettered as clause “(f)” and before clause
(f) so re-lettered, the following clause shall be inserted, namely:— “(e) for the implementation of schemes for the distribution of medicines, feed, feed supplements and instruments relating to dairy farming etc., which are necessary for the cattle of dairy farmers related to dairy farming;”.
6. Amendment of section 4.—In section 4 of the principal Act,—
(i) for sub-section (2), the following sub-section shall be substituted, namely:— 10 This is a digitally signed Gazette.
Authenticity may be verified through https://compose.kerala.gov.in/ “(2) Application for registration of membership shall be submitted in the prescribed form either directly or online and the application so submitted shall be submitted to the Board after verification and recommendation by the dairy co-operative society concerned and shall be attested by the Dairy Development Department Officer, authorised by the Chief Executive Officer in this behalf and having jurisdiction over the place where the applicant resides.”.
(ii) for sub-section (4), the following sub-section shall be substituted, namely:— “(4) Where the Chief Executive Officer is satisfied that the applicant has complied with the provisions of this Act and the Scheme made thereunder, his application for membership shall be considered in the ensuing Board meeting itself. In the event of taking a decision to reject the application, the same shall be informed to the applicant with the reasons thereof, either online or in writing, within a period of fourteen days from the date of taking of such decision for rejection by the Board:
Provided that no application for registration shall be rejected without giving the applicant an opportunity of being heard.”.
7. Amendment of section 6.—For section 6 of the principal Act, the following section shall be substituted, namely:— “6. Societies to maintain registers.—Every society shall maintain registers showing the details such as the quantity of milk collected, the date on which milk supplied, the details of members, the details of pensioners, details of payment of contribution and details of contribution paid by dairy farmers, which are necessary for the implementation of the scheme in the manner as prescribed and shall, whenever required by the Chief Executive Officer or the Officer authorised by him, be submitted them for inspection.”.
8. Amendment of section 8.—In section 8 of the principal Act, for sub-section (3), the following sub-section shall be substituted, namely:— “(3) The Board shall consists of sixteen Directors as follows, namely:—
(a) one person each elected from among the Governing Bodies of the three Regional Milk Co-operative Unions;
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(b) three persons nominated by the Government from among the Presidents of Traditional Primary Milk Co-operative Societies in the State;
(c) three persons nominated by the Government from among the Presidents of Anand Pattern Milk Producers Co-operative Society functioning in the State;
(d) Chief Executive Officer (ex-officio);
(e) an Officer not below the rank of Joint Secretary to the Dairy Development Department, nominated by the Government (ex-officio);
(f) an Officer not below the rank of Joint Secretary to the Law Department nominated, by the Government (ex-officio);
(g) an Officer not below the rank of Joint Secretary to the Finance Department nominated, by the Government (ex-officio);
(h) Director, the Dairy Development Department or his representative (ex-officio);
(i) Chairman, Milma (ex-officio);
(j) a representative of dairy farmers, nominated by the Government.”.
9. Amendment of section 11.—In section 11 of the principal Act, for sub-section (2), the following sub-section shall be substituted, namely:— “(2) The Chief Executive Officer shall be an officer in the post not below the rank of Joint Director of the Dairy Development Department working in that Department. He shall attend the Board meetings and shall maintain records including the minutes of the meeting.”.
10. Amendment of section 13.—In section 13 of the principal Act, after sub-section (3), the following sub-section shall be added, namely:— “(4) If the contribution remitted by the dairy farmers is not paid by the societies to the Welfare Fund in the concerned month itself, the Board shall have the power to recover the said amount from the Secretary of the society, referred in sub-section (3), with an annual interest at the rate of twelve per cent.”.
12 This is a digitally signed Gazette.
Authenticity may be verified through https://compose.kerala.gov.in/ ____________________________________________________________________________________________________________________________ PUBLISHED BY THE SUPERINTENDENT OF GOVERNMENT PRESSES AT THE GOVERNMENT CENTRAL PRESS, THIRUVANANTHAPURAM, 2024