Vivadon Ka Samadhan Scheme

Haryana Government Gazette EXTRAORDINARY Published by Authority © Govt. of Haryana No. 125-2024/Ext.] CHANDIGARH, WEDNESDAY, AUGUST 14, 2024 (SRAVANA 23, 1946 SAKA) fnukad 14 vxLr] 2024 Hkwfedk gSA HARYANA GOVT. GAZ. (EXTRA.), AUG. 14, 2024 (SRVN. 23, 1946 SAKA) 2381 2382 HARYANA GOVT. GAZ. (EXTRA.), AUG. 14, 2024 (SRVN. 23, 1946 SAKA) HARYANA GOVT. GAZ. (EXTRA.), AUG. 14, 2024 (SRVN. 23, 1946 SAKA) 2383 lekiu [kaM HARYANA GOVERNMENT ANIMAL HUSBANDRY & DAIRYING DEPARTMENT Notification The 14th August, 2024 No. 4250 (CFMS)-AH-4-2024/4746.— 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 including penalty 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 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. The ‘Vivadon Ka Samadhan’ (VKS) Scheme is introduced in respect of Milk Plants who are in default for the payment of Milk Cess as on 31 July, 2024. 2384 HARYANA GOVT. GAZ. (EXTRA.), AUG. 14, 2024 (SRVN. 23, 1946 SAKA) 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 ‘Vivadon Ka Samadhan’ Scheme in respect of Milk Plants who are in default for the payment of Milk Cess including penalty, if any as on 31 July, 2024. (b) Contact person means the person named by the Authorized person of the Milk Plant for communication regarding Vivadon Ka Samadhan Scheme. (c) Committee for VKS scheme has been made to resolve any doubts/confusion as explained below. (d) A special Bank account in the name of MD, HLDB, Milk Cess (VKS) would be opened 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. BRIEF HISTORY OF ONE TIME SETTLEMENT SCHEME The Government introduced “One-Time Settlement Scheme” to settle the past dues of Milk Cess levied on milk plants in the State in order to resolve old pending issues as well as to give a fillip to the milk processing industry. The OTS scheme was notified in the Haryana Government Gazette vide notification no. 4719/CFMS/AH-4- 2019/9114 on 10.09.2019. The defaulter entities were proposed to be permitted to pay the pending principal amount of Milk Cess due along with simple interest calculated @ 12% (from the date of default) for receiving the benefits under the OTS scheme. It was proposed that 50% of amount due (principal and interest) shall be paid by the company/plant concerned within 60 days and the balance may be paid within six months thereafter. The OTS scheme was again revised vide Govt. notification no. 2468 (CFMS)-AH- 4- 2021/5987 dated 14th September, 2021 wherein, it has been decided that an interest @ 8% per annum be charged instead of 12% per annum on defaulting amount including those milk plants who have already availed the One Time Settlement Scheme. The OTS scheme was further extended six times i.e. up to 13th Jan 2020, 16th March 2020, 30th September 2020, 30th November, 2020, 31st March 2021 and 30th September, 2021 due to representations received from various milk plants mentioning therein about financial crunch, due to COVID-19 & other reasons. PURPOSE & SCOPE OF VIVADON KA SAMADHAN (VKS) SCHEME Keeping in view the public interest at large 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, the State Government has taken a conscious decision to formulate and introduce a Vivadon Ka Samadhan Scheme to encourage the defaulter milk plants to come forward voluntarily and pay the Milk Cess dues including penalty, if any with reasonable simple interest to get immunity from the imposition of monthly compounded interest as provided in the rules. The VKS Scheme would be a limited-time opportunity to the Milk Plants of the State enabling them to clear the liability and settle payment of outstanding cess pertaining to period from the very beginning of their operations till 31st July, 2024. SETTLEMENT FORMULA & TIMELINE FOR PAYMENT UNDER VKS SCHEME (a) The defaulter entities/companies/milk plants would be permitted to pay the pending (balance) principal amount of milk cess with the Waiver/Exemption from the levy of Milk Cess for the period 09.09.2001 to 09.07.2002 i.e. the period between the date of notification of the 'Haryana Murrah Buffalo and other Milch Animal Breed Act, 2001 and date of notification of the rules under the Act of 2001. (b) The defaulter entities/companies/milk plants would be permitted to pay the pending (balance) principal amount of milk cess due including penalty, if any along with interest calculated @ 8% per annum (from the date of default), for availing the benefits of the instant scheme. (c) It is further to be noted that to be eligible for the scheme at least 50% of this amount due (principal & @ 8% interest including penalty, if any) shall be paid by the company/ plant concerned on or before 30th September, 2024 of the commencement of the scheme and this shall be construed as opting for the scheme. The balance should be paid within next 2 months i.e. upto 30th November, 2024. (d) No refund or benefit shall be provided for any amount that already stand has been paid, fully or partially. (e) The entity participating in the Scheme shall submit an undertaking in the form of an affidavit for withdrawing any litigation pending in a Court of Law, if any, relating to the levy of milk cess. (f) If any Milk Plant or Unit did not adopt the benefit of ‘Vivadon Ka Samadhan’ scheme then the defaulter milk plant/unit will be liable to pay the liability @ 2% interest per month under Rule 21 (1) of the Haryana Murrah Buffalo & Other Milch Animal Breed Rules, 2002. HARYANA GOVT. GAZ. (EXTRA.), AUG. 14, 2024 (SRVN. 23, 1946 SAKA) 2385 PROCEDURE OF APPLICATION All the entities/ companies/ milk plants in the state shall be informed by the concerned authority about the amount outstanding as on 31st July, 2024. Thereafter they are required to submit the application for adoption of ‘Vivadon Ka Samadhan’ scheme in the proper format as Annexed at Annexure-I along with 50% of the amount of total cess, penalty and interest with a copy to the Committee constituted under this scheme in the office of Managing Director, Haryana Livestock Development Board, Panchkula alongwith a copy to Administrative Secretary of the Department on or before 30th September, 2024 of commencement of the scheme as prescribed under the VKS Scheme. The applicant shall deposit all the relevant papers along with proof of depositing the 50% dues in the special HLDB account opened for this purpose. The proof of depositing of 50% of the dues in the HLDB account shall be sufficient proof of willingness to adopt the said scheme and accepting it‘s conditions. COMMITTEE for VKS Scheme The Committee for VKS Scheme to verify the documents shall be as follows (quorum, including the Chairman, shall be any five): 1. Managing Director, Haryana Livestock Development Board, Haryana, Panchkula. 2. Deputy Director, Haryana Livestock Development Board, Haryana, Panchkula (Concerned) 3. Veterinary Surgeon, Haryana Livestock Development Board, Haryana, Panchkula (Concerned) 4. Account Officer O/o Director General, Animal Husbandry & Dairying Department, Haryana, Panchkula. 5. Law Officer, Haryana Livestock Development Board, Haryana, Panchkula TERMS & CONDITIONS i. WITHDRAWAL OF PENDING CASES by the MILK PLANTS - Any entity/company/milk plant, who opts for the VKS 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 VKS had never been availed. iii. Levy of Interest @ 8% annually will continue the balance amount offered for VKS as on 31st July, 2024 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. OTHER TERMS & CONDITIONS (a) The VKS 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 VKS amount is not paid within the schedule stipulated, then the benefit under VKS Scheme 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. NON COMPLIANCE OF VKS SCHEME 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 VKS had never been availed by the said plant. 2386 HARYANA GOVT. GAZ. (EXTRA.), AUG. 14, 2024 (SRVN. 23, 1946 SAKA) 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 VKS 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 Vivadon Ka Samadhan Scheme. (iv) In case, the beneficiary of this scheme still feels aggrieved by the decision of the Committee for VKS 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 VKS shall have absolute right to change/ modify/ improve upon any clause or entire policy during operation of the instant Vivadon Ka Samadhan Scheme, at any point of time and shall also have the absolute right to cancel the instant policy at any time with the prior approval of Administrative Secretary of Animal Husbandry and Dairying Department, Haryana. This scheme shall be deemed to have commenced from the date of notification of the scheme upto 30th September, 2024 and 2 months thereafter DR. RAJA SEKHAR VUNDRU, Additional Chief Secretary to Government Haryana, Animal Husbandry and Dairying Department. HARYANA GOVT. GAZ. (EXTRA.), AUG. 14, 2024 (SRVN. 23, 1946 SAKA) 2387 Annexure –I APPLICATION FOR ACCEPTANCE OF VIVADON KA SAMADHAN SCHEME From To The Chairman Vivadon ka Samadhan Committee, O/o Haryana Livestock Development Board, Bay No. 9-12, Pashudhan Bhawan, Panchkula (Haryana) e-mail ID [email protected] Ph. 0172- Subject: For Availing benefit under Vivadon Ka Samadhan Scheme. Sir, I, S/o ______________________________ who is the registered owner of the Milk Plant namely located at and having been duly authorized for the purpose of adopting ‘Vivadon ka Samadhan’ scheme of Government of Haryana through Haryana Livestock Development Board bring out here under: That our Contact person for the sake of this ‘Vivadon ka Samadhan’ scheme shall be: E-mail ____________________________ That the pending dues of Milk Cess is defaulted due to the following reasons: That I/we intend to settle the outstanding liabilities of Milk Cess upto 31.07.2024 under “Vivadon Ka Samadhan” Scheme offered by Haryana State Govt. through HLDB. I/we undertake to abide by the terms and conditions of the “Vivadon Ka Samadhan” Scheme. An Affidavit regarding withdrawal of all Court cases pending the any court of law against Haryana Govt./ HLDB in this regard is attached along with this application. That the Cess amount calculations as on 31.07.2024 as per VKS Scheme are as following : - 1. Principal amount calculated from 10.07.2002 of cess & penalty if any: Rs. 2. Simple Interest @8 per annum calculated from 10.07.2002: Rs. 3. Total of calculations of (1) + (2): Rs. 4. Amount already deposited upto 31.07.2024: Rs. 5. Balance amount to be paid (3) – (4):- Rs. 6. 50 % of Amount to be Deposited at the time of application : Rs. 7. 50% of the Balance Amount to be deposited upto 30.11.2024: Rs. That I/we have paid 50 % of the Balance amount i.e. Rs. under ‘ Vivadon Ka Samadhan’ scheme for the settlement of pending dues of Milk cess as on by way of 2388 HARYANA GOVT. GAZ. (EXTRA.), AUG. 14, 2024 (SRVN. 23, 1946 SAKA) DD/RTGS No. on date . (Proof/Receipt enclosed). I shall arrange to pay the balance 50 % amount to be deposited upto 31.11.2024 as per the “Vivadon Ka Samadhan” Scheme as per 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 benefit of “Vivadon Ka Samadhan” Scheme. That in case there is some calculation error etc. I/we shall agree to pay the corrected amount. Yours faithfully, Place: Date: (Name & Seal) 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 case.