Section 5 in The Milk and Milk Product Order, 1992
5. Registration.
(1)On and from the date of commencement of this Order, no person shall manufacture or carry on business in milk or any milk product nor create any manufacturing facility for the business, unless such person has made an application [* * *] [The words 'within ninety days from such commencement' omitted by S.O. 639 (E) dated 27th August, 1993.] in the form specified in the First Schedule along with the prescribed fee to the registering authority for obtaining the registration certificate.(2)The provisions contained in sub-paragraph (1) shall apply to such person who handles or is equipped to handle or who has in the establishment or unit under his ownership or control (or where he has more than one such establishment, all the establishments put together) installed capacity for handling milk in excess of ten thousand litres per day, or milk product containing milk solids in excess of five hundred tonnes per annum.(3)Where any person or undertaking or establishment or unit, who or which was duly authorised immediately before the date of commencement of this Order, to handle, process or manufacture milk or any milk product after obtaining licence or registration certificate under the Industries (Development and Regulation) Act, 1951 (65 of 1951), every such person, undertaking, establishment or unit holding such licence or registration certificate shall also make an application for registration under sub-paragraph (1) together with the prescribed fee.(4)In the case of licence or registration certificate referred to in sub-paragraph (3), the terms and conditions of the registration under this Order shall cover only matters such as the specification of milkshed or any other matter which does not fall within the purview of the Industries (Development and Regulation) Act, 1951 (65 of 1951).(5)On receipt of the application, the registering authority may call for such other particulars as it may deem necessary for arriving at a decision about the matter of registration and the applicant shall be bound to furnish the same within such period as may be specified by the registering authority in this behalf.(6)After making such enquiries as it may deem fit,-(a)in respect of applicant referred to in sub-paragraph (3), the registering authority shall make the registration and issue the registration certificate to the applicant in the form specified in the Second Schedule;(b)in cases, where an application is made under sub-paragraph (1), the registering authority may, after making such enquiry as it may deem fit,-(i)make the registration and issue the registration certificate in the form as specified in the Second Schedule subject to such terms and conditions as may be specified having regard to the provisions contained in sub-paragraph (8) hereinafter; or(ii)refuse the registration by specifying the reason for such rejection.(7)[(a) Every application for registration, complete in all respect shall be disposed of by the registering authority within a period of ninety days from the date of receipt of the application.(b)Notwithstanding the period specified in clause (a) if the registering authority requires any additional information with respect to any application or if any application is incomplete in any respect, the registering authority may in writing require the applicant within such period mentioned therein to supply such additional information or complete the application in all respect, as the case may be.(c)On receipt of any additional information or the complete application under clause (b), the registering authority shall dispose of the application within ninety days from the date of receipt of such completed application or additional information, as the case may be.](8)In specifying terms and conditions, the registering authority shall have regard to the following, namely.-(i)the proper utilisation of milk in the region from the milksheds;(ii)the availability of milk for the general public;(iii)the quality and quantity of milk available in the region;(iv)the remunerative price for milk;(v)the facilities available for handling milk and milk product;(vi)the policy of preferential treatment to the cooperative sector; and(vii)any other matter which may be relevant to the healthy development of the dairy industry.(9)While issuing a registration certificate under this Order, where the registering authority has specified the milkshed, the holder of the registration certificate shall be bound to confine the collection of milk to that milkshed.(10)[ Separate registration certificate shall be obtained in respect of each undertaking or establishment or unit if the holder of the registration certificate carries on business in milk or milk production in more than one premises:Provided that there shall be no need to separate registration so long as no independent business activities are carried on in these premises.(11)Every holder of registration certificate shall inform of any additions or alterations made to the premises, to the registering authorities within 30 days from the completion of addition/alteration.] [Substituted by S.O. 639 (E), dated 27th August, 1993.]
