(W.P. Ordinance VII of 1960)
[11 March 1960]
An
Ordinance to consolidate and amend the law relating to the preparation and sale
of foods in the province of [3][3][the
Punjab]
Preamble.— WHEREAS it is expedient to consolidate and
amend the law relating to the preparation and sale of foods in the province of [4][4][the Punjab];
Now,
THEREFORE, in pursuance of the Presidential Proclamation of the seventh day of
October, 1958, and having received the previous instructions of the President,
the Governor of West Pakistan is pleased, in exercise of all powers enabling
him in that behalf, to make and promulgate the following Ordinance:-
PART
I
PRELIMINARY
1. Short title, extent and application.— (1) This Ordinance may be called [5][5][the Punjab] Pure Food Ordinance, 1960.
(3) It shall
come into operation[8][8] in respect of such food or generally in respect of such
areas as Government may by notification direct.
[9][9][2. Definitions.— In this Ordinance, unless the context
otherwise requires, the following expressions shall have the meanings hereby
respectively assigned to them, that is to say—
(1) “adulterated food” means an article of food—
(i) which is not of the
nature, substance or quality which it purports or is represented to be, or
(ii) which contains any such
extraneous substance as may affect adversely the nature, substance or quality
thereof, or
(iii) which is processed, mixed, coloured, powdered
or coated with any other substance in contravention of the rules, or
(iv) any
constituent of which has been wholly or in part abstracted so as to affect
injuriously its nature, substance or quality, or
(v) which contains any
poisonous or other ingredient which may render it injurious to health, or
(vi) the quality or purity of which does not
conform to the prescribed standard, or
(vii) which having been prepared, packed or kept
under insanitary conditions, has been contaminated or become injurious to
health;
(2) “banaspati” means such article of food
resembling ghee as is prepared by hydrogenation of edible vegetable oil and
contains no milk or animal fat;
(3) “butter” means an article of food derived exclusively from the milk
of cow or buffalo or from cream or dahi prepared
from such milk, whether with or without salt or other prescribed preservative;
(4) “charbi” means an article of food which
resembles ghee or banaspati, but contains animal fat other than milk fat;
(5) “Chemical Examiner” means—
(ii) any
other officer appointed by Government to be the [11][11][Chief] Chemical Examiner for the purposes of this
Ordinance;
(6) “cream”
means the portion of the milk of cow or buffalo which is rich in fat and rises
to the surface of milk on standing or which has been separated by skimming or
otherwise;
(7) “dahi”
means the product obtained by lactic acid fermentation of milk;
(9) “food”
means any article used as food or drink for human consumption other than drugs,
and includes—
(i) any substance which is
intended for use in the composition or preparation of food;
(ii) any flavouring matter or
condiment;
(iii) any colouring matter intended for use in food;
(iv) chewing-gum and other products of the like
nature; and
(v) water in any form,
including ice, intended for human consumption or for use in the composition or
preparation of food.
Explanation— An article shall not cease to be food by
reason only that it is also capable of being used as a medicine.
(10) “ghee”
means ghee prepared exclusively from butter;
(12) “godown”
means a place where articles of food are received or stored for sale or
delivery to a customer or consignee, and includes godowns of the Railways, and
of shipping or other transport agencies;
(13) “Health Officer” means the [14][14][District Officer (Health) or Deputy District
Officer (Health)], and includes a Medical Officer of Health, an Assistant
Medical Officer of Health of a Local Authority, and any other person appointed
by Government to be Health Officer for the purposes of this Ordinance;
(14) “Inspector” means an Inspector appointed under
this Ordinance;
(i) City District Government
or Tehsil Municipal Administration or Town Municipal Administration constituted
under the Punjab Local Government Ordinance, 2001; and
(ii) an authority declared by
Government, by notification in the official Gazette, to be a Local Authority
for the purposes of this Ordinance;]
(16) “Margarine”
means any food, whether mixed with butter or not, which resembles butter and is
not milk blended butter;
(17) “Milk”
means the normal, clean and pure secretion obtained from the udders of a
healthy cow, buffalo, goat or sheep, whether boiled, pasteurized, homogenized
or sterilized, and includes standardized and toned milk;
(18) “misbranded
food” means an article of food—
(i) which is imitation of, or a
substitute for, or resembles, in a manner likely to deceive, another article of
food, and is sold or is intended to be sold under the name under which such
other article is sold, or is not correctly labelled to indicate its true
character, or
(ii) which is so coloured,
flavoured, coated, powdered or polished as to conceal the true nature thereof,
or
(iii) which
is contained in any package which, or the label of which, bears any statement,
design or device regarding the ingredients or the substances contained therein,
which is false or misleading in any material particular, or if the package is
otherwise deceptive with respect to its contents, or
(iv) which is not properly
packed and labelled in accordance with the rules;
(19) “occupier” means the person who has control of
the affairs of a factory, shop or godown and includes the manager or managing
agent or any other person authorised to represent the occupier;
(20) “package”
includes every article in which goods for carriage or for sale are cased,
covered, enclosed, contained or packed;
(21) “pre-packed”
means packed or made up in advance ready for retail sale in a wrapper or
container;
(22) “prescribed”
means prescribed by rules;
(23) “Public
Analyst” means Public Analyst appointed under this Ordinance;
(24) “retail
sale” means any sale to a person buying otherwise than for the purpose of
re-sale;
(25) “rules”
means rules made under this Ordinance;
(26) “sale”
in relation to food, means a transfer of ownership either by way of barter or
in exchange for a price paid or promised or part paid and part promised;
(27) “standardized
milk” means milk which has been reduced to the prescribed level of milk fat by
removal of fat;
(28) “toned
milk” means milk which has been standardized to the prescribed level of milk
fat and solids by addition of reconstituted milk solids;
(29) “transit”
includes all stages of transportation from the place of manufacture or other
source of origin to the consumer; and
(30) “wholesale”
means any sale other than retail sale.]
PART
II
GENERAL
PROVISIONS
3. False warranty.— No person shall in respect of any food sold
by him or given by him for sale to an agent give to the purchaser or his agent
a false warranty in writing.
4. Prohibition
of mixing and selling mixed food.— (1) No person shall mix, colour, stain or powder
or direct or permit any other person to mix, colour, stain or powder any food
with any matter or ingredient—
(a) in contravention of the prescribed rules; or
(b) so as to render the food injurious to health
with intent that the same may be sold in that state.
(2) No person shall sell, offer, keep or
store any food so mixed, coloured, stained or powdered.
[16][16][5. Prohibition of sale, preparation, manufacture,
import or export of unwholesome food intended for human consumption.— No person shall,
directly or indirectly, himself or by any other person—
(a) prepare, manufacture, keep or store for sale,
or sell or offer to sell, any food which is unsound, unwholesome, injurious to
health or unfit for human consumption; or
(b) import or export any food
in such manner or in such condition as renders it or is likely to render it
injurious to health.]
[17][17][6. Prohibition of sale or manufacture for sale of
food which is adulterated or misbranded or not of the nature, substance or
quality demanded.— (1) No person shall, directly or indirectly himself or by any other
person, prepare, manufacture, keep or store for sale, or sell or offer to sell
any food—
(a) which is adulterated;
(b) which is misbranded;
(c) which is not of the nature, substance or
quality demanded, or which it purports or is represented to be;
(d) for the sale of which a licence is required
otherwise than in accordance with the conditions of the licence;
(e) in contravention of any other provision of this
Ordinance or the rules.
(2) No person shall directly or indirectly,
himself or by any other person, manufacture, sell, offer to sell, keep or store
for sale any food notified in this behalf by Government, unless it is coloured
in the manner prescribed.
(3) Government may, by notification in the
official Gazette, prohibit or regulate the keeping, in any factory or wholesale
business premises in which such articles of food as are specified in the
notification are manufactured or stored, of any substances likely to be used as
adulterants as so specified.]
[18][18][7. Sale of prepacked food.— No person shall keep or store for sale, or
sell or offer to sell, any prepacked food unless he has complied with the rules
made in this behalf.]
[19][19][8. Prohibition of sale of food without complying
with rules.— No person shall import, export, prepare, manufacture, keep or store for
sale or sell any food unless the rules providing for the mode of its manufacture,
processing or preparation, packaging, labelling, consignment, delivery,
standard of quality or bill of containers have been complied with.]
[20][20][9. Sale of margarine, banaspati and charbi.— (1) Banaspati,
charbi and margarine shall be packed, labelled or marked in such manner as
may be prescribed.
(2) No person shall sell, whether wholesale
or retail, or transport by way of trade, any banaspati, charbi or margarine unless every package containing any
such substance is durably marked or labelled in such manner as may be
prescribed.]
[21][21][10. Banaspati,
margarine or charbi not to be
sold loose.— No person shall
sell banaspati, margarine or [22][22][charbi] loose or from an open package:
Provided
that banaspati may be so sold under a
licence and subject to such conditions as may be prescribed in this behalf.]
(a) for the preparation, or the
manufacturing, processing, blending, preserving, refrigerating, canning or bottling
of any food;
(b) for the business of a wholesale dealer in banaspati, charbi, ghee, margarine, fish
oil, mustard oil, cotton seed oil or other edible oils and such food as may be
prescribed;
(c) as a creamery, dairy or bakery;
(d) as a hotel, restaurant or eating house;
except under a licence to be granted in such
manner and by such authority as may be prescribed:
Provided
that Government may exempt any specified premises or class of premises from the
operation of this section.
(2) The licence required under this section
may be renewed annually on payment of prescribed fees.
(3) The renewal of a licence may be refused,
or a licence may be cancelled by the authority granting the licence, if—
(i) the
licensee fails to maintain the register referred to in section 12, or is
convicted of an offence under this Ordinance; or
(ii) the premises is not
maintained in such condition as may be prescribed.
(4) No person shall keep or store for sale,
or sell or offer to sell any food for human consumption unless he is in
possession of such identification permit as may be prescribed.
[24][24][12. Register for manufacture and
wholesale business.— Every
occupier of a place used for the preparation or manufacture for the purposes of
trade of any such article of food as Government may, by notification in the
official Gazette, specify in this behalf, and every wholesale dealer or his
agent who stores any such article, shall keep and maintain a register in such
form as may be prescribed, and such register shall be open to inspection, by
the Inspector.
[25][25][13. Food poisoning.— (1) If a Health Officer or an Inspector has
reason to suspect that any food or any vessel or utensil with which food may
come in contact is likely to cause food poisoning (acute, chronic or cumulative)
by chemical or bacteriological agents, he may take a sample of such food or the
vessel or the utensil for analysis under this Ordinance, and if he takes a
sample, give notice to the person incharge of the food that, until the result
of the analysis is known, the food or any specified portion thereof shall not
be used and shall be kept or removed in the manner specified in the notice.
(2) If a Health Officer has reason to suspect
that tuberculosis is likely to be caused by the consumption of milk supplied
from any dairy or other source, he may, by notice to the person incharge of
such dairy or source, prohibit the supply of milk from such dairy or source.
(3) If a person is, in the opinion of the
Local Authority, suffering from any communicable disease, the Local Authority
may, by notice to such person, prohibit him from preparing, manufacturing,
selling or offering to sell any article of food for human consumption.
(4) A Health Officer may, by notice to any
person handling articles of food in any hotel, restaurant, sweetmeat shop, or
any other public eating place, require him to obtain and keep in his possession
a health certificate from a Health Officer to the effect that he is free from
communicable disease, and to get it renewed from year to year, till such time
as he continues so to handle such articles.
(5) Every person to whom a notice under this
section has been given shall comply with such notice.
(6) Wherever practicable, the Health Officer
shall instruct the owner of the dairy or other source from which milk is
supplied to carry out such remedial measures as considered necessary by him,
and if these are complied with to his satisfaction, the notice issued under
sub-section (2) shall be withdrawn.
Explanation— Persons debarred under sub-section (3) shall
have to produce a certificate as laid down in sub-section (4).]
PART
III
ANALYSIS OF FOOD
14. Appointment of Public Analysts.— Government may, by notification[26][26], appoint Public Analysts for the purposes of
this Ordinance, for the whole or any part of the province, for any specified
food or generally for all foods.
[27][27][15. Local Authorities to enforce the
Ordinance.— It shall be the
function of every Local Authority to carry into execution and enforce the
provisions of this Ordinance within its jurisdiction with a view that all
articles of food and drink are sold in a pure and genuine state.]
[28][28][16. Appointment of Inspectors.— (1) Government may
appoint Inspectors in respect of all or any specified food, and an Inspector so
appointed shall have jurisdiction in such area as Government may direct[29][29].
(2) Subject
to any rules made in this behalf, a Local Authority shall appoint Inspectors in
respect of all or any specified food and an Inspector so appointed, shall,
unless the Local Authority otherwise directs, exercise the powers and perform
the functions of an Inspector under this Ordinance throughout the area over
which such Local Authority has jurisdiction.
(3) The Director may exercise the powers and
perform the functions of an Inspector under this Ordinance [30][30][* * *] or any other officer working under the Director may exercise
such powers and perform such functions of an Inspector within such area as the
Director may, by order in writing, direct.
(4) The Health Officers and Sanitary
Inspectors of Local Authorities and such other holders of offices and posts in
or under a Local Authority and such officers in the service of Government, as
Government may, by notification in the official Gazette, specify in this
behalf, shall be ex-officio
Inspectors of all foods within the limits of their respective jurisdiction.]
17. General powers of Inspectors.— (1) An Inspector may detain and search any
vehicle or package of any food intended for sale or in the course of delivery
if he has reason to suspect that the food therein carried or contained may be
injurious to health, unwholesome or unfit for human consumption or is not of
the same nature, substance or quality which it purports to be:
Provided
that nothing in this section shall authorise the detention of any vehicles
belonging to the railways.
(i) enter
into and inspect any market, godown, shop, stall or other place used for the
sale of any food intended for human consumption or for the preparation, manufacture
or storage of any such food for the purposes of trade or sale;
(ii) enter
upon any premises for the purposes of exercising the powers of purchasing or
taking a sample under section 18 and may in such premises inspect and examine
any food and any apparatus, utensils or vessel used for preparing,
manufacturing or containing such food [32][32][;]
[33][33][(iii) enter into and inspect any market, godown,
shop, stall or other place used for the manufacture, storage or sale of any
apparatus, utensil or vessel ordinarily used or intended to be used or likely
to be used for preparing, manufacturing or containing any food.]
[34][34][(3) If
any such food as is mentioned in sub-section (1) or clause (i) of sub-section (2) appears to the
Inspector to be injurious to health, unwholesome, unfit for human consumption
or not of the same nature, substance or quality which it purports to be, or not
fulfilling the prescribed conditions subject to which such food is to be
prepared, manufactured, kept, stored or sold, or if any such apparatus or
utensil as is mentioned in clause (ii)
of sub-section(2) is of such kind or in such state as to render any food
prepared, manufactured or contained therein unwholesome or unfit for human
consumption or injurious to health, he may seize and remove such food,
apparatus or utensil to be dealt with as hereinafter provided.]
(4) An Inspector may, instead of removing
such food, apparatus, utensil or vessel seized under sub-section (3), leave the
same in the custody of the person from whose possession, custody or control the
same was seized or in such safe custody as he may deem fit, so as to be dealt
with as hereinafter provided and he may at any time thereafter remove the same
to the custody of the [35][35][Local Authority] concerned.
(5) (a) When any food, apparatus, utensil or
vessel is seized under sub-section (3), it may be destroyed by the officer
making the seizure with the consent [36][36][in writing] of the owner or the person in
whose possession, custody or control it is found.
[37][37][(b) If any food seized under sub-section
(3) is of a perishable nature and is, in the opinion of the Inspector, unsound,
unwholesome or unfit for human consumption it may be destroyed without such
consent but in the presence of two respectable witnesses.]
[38][38][(6) An
Inspector shall prepare a statement describing the food, apparatus or utensil
seized and shall deliver a copy thereof to the Local Authority and to the
person from whose custody the food, apparatus or utensil is seized, or, if such
person be not present, send such copy to him by post].
(7) (a) Any person claiming anything seized under
sub-section (3) may within seven days of the seizure complain to any magistrate
of the first [39][39][* * *] class having jurisdiction at the place of seizure, who, after
making such enquiry as he may deem necessary, may either confirm or disallow
such seizure wholly or in part or may order the article to be restored to the
claimant;
(b) If
the magistrate confirms the seizure, the food, apparatus, utensil or vessel, as
the case may be, shall be forfeited to the [40][40][Local Authority] concerned or the magistrate
may direct that such food, apparatus, utensil or vessel may be destroyed or
disposed of at the cost of the owner or person in whose possession, custody or
control it was found at the time of the seizure in such manner as to prevent
the same being again kept, stored or used as food or for the manufacture or
preparation of, or for containing, any such food.
(8) If no complaint is made within the said
period of seven days, the article of food or the apparatus, utensil or vessel,
as the case may be, seized shall be confiscated to the [41][41][Local Authority] concerned.
[42][42][18. Purchase of samples, etc.— (1) An Inspector may, for the purpose of
analysis, purchase a sample of food—
(a) in transit;
(b) sold, offered for sale, hawked about, kept or
stored or received for the purpose of preparing therewith any food; or
(c) kept or stored in a market, godown, shop,
stall, hotel, restaurant or eating house for the purpose of trade or sale or
received therein for the purpose of preparing or manufacturing therewith any
food.
(2) No person shall refuse to sell food to an
Inspector intending to purchase for the purpose of sub-section (1) in such
reasonable quantity and from such container as he may ask for.
Explanation— The purchase or sale of a sample of any food
for the purpose of analysis under this Ordinance shall be deemed to be
purchased or sold for human consumption or use.
(3) If, in contravention of sub-section (2),
any person refuses to sell the food to the Inspector, the Inspector may,
without prejudice to any penalty to which such person may be liable for such
contravention, seize such quantity of the food as may appear to him to be
necessary, and shall give such person a certificate showing the price, nature
and quantity of the food seized, the date, time and place of seizure, and on
demand being made in that behalf, the price of the food seized.
(4) The
Inspector shall prepare in such form as may be prescribed, a declaration in
triplicate containing full particulars relating to the sample seized and such
declaration shall be signed or marked both by the Inspector and the person from
whose possession, custody or control the food has been seized, and a copy
thereof shall be given to such person.
(5) When a sample is taken from the stock in
the possession of a commission agent, he shall be bound to give the name and
such other particulars of the person on whose behalf such stock is held by him
as the Inspector may require.]
[43][43][19. Right of private persons to have
samples analysed.— (1) Any person may make an application in writing to an Inspector
asking him to purchase a sample of such food and from such person as may be
specified in the application and to submit sample to the Public Analyst for
analysis.
(2) The cost
of the sample purchased and of the analysis done under sub-section (1) shall be
payable by the person making the application:
Provided
that, in case the sample is found by the Public Analyst to be adulterated, any
amount paid by the applicant under this sub-section shall be refunded to him.]
20. Methods of taking samples.— (1) An Inspector after purchasing or
procuring or seizing any food with the intention of submitting the same for
analysis shall, forthwith, divide the food in three parts to be then and there
separated and each part shall be marked, sealed or fastened in such manner as
the nature of the case will permit; and the person from whom the sample is
taken may, if he so desires, also affix his seal or mark on each of the three
parts.
(2) An Inspector shall—
(a) if required to do so,
deliver one part to the person from whom the article is purchased or seized or
the sample is taken;
(b) retain one part for future comparison; and
(c) submit one part to the Public Analyst:
Provided
that where the sample is taken from any food which is about to be imported or
is in transit or at the place of delivery to the purchaser, consumer or
consignee or is un-claimed, the first-mentioned part of the sample shall be
retained by Inspector, unless the name and address of the consignor appear on
the container containing the article sampled, in which case he shall forward
that part to the consignor by registered post or otherwise, together with a
notice informing that person that the sample would be analysed by the Public
Analyst.
21. Certificate
of Analysis.— (1) The Public Analyst upon receiving any food or a sample of food from
the Inspector shall, as soon as possible, analyse the same and deliver or send
to the Inspector forwarding the sample, on payment of such fees as may be
prescribed, a certificate in the form specified in the [44][44][* * * *] schedule showing the result of the
analysis.
[46][46][(2)] A
copy of such certificate may be obtained from the Public Analyst by the person
from whom the article so analysed was purchased or obtained on payment of a fee
of two rupees.
[47][47][(3)] No
person shall display any such copy on his premises or use such copy as an
advertisement.
22. Power of
Government to have articles analysed.— Government may, in relation to any matter
appearing to it to affect the general interests of the consumers of any food,
direct any public servant to procure for analysis, samples of such food and
thereupon such public servant shall have all the powers of an Inspector under
this Ordinance:
Provided
that—
(a) the public servant upon receiving the
certificate of the Public Analyst shall take proceedings or cause proceedings
to be taken as if he himself had caused such analysis to be made;
(b) any fee prescribed for such analysis, the cost
of the sample and the expenditure incurred in procuring it, including the
travelling allowance, if any, of the public servant procuring the same shall be
payable by the [48][48][Local Authority] of the area from where the
sample is procured.
PART
IV
PENALTIES
AND PROCEDURE
[49][49][23. Penalties.— (1) Whoever contravenes any of the
provisions of section 3,4,5,6,7,8,9,10,11 or 13 shall be punished—
(a) for a first offence, with rigorous imprisonment
for a term which may extend to one year, and with fine ranging from one hundred
rupees to two thousand rupees;
(b) for a second offence, with rigorous
imprisonment for a term which shall not be less than three months and not more
than two years, and with fine ranging from five hundred rupees to ten thousand
rupees;
(c) for repeated offences or
for offences of large scale adulteration or adulteration with injurious
substances, even in the first instance, with rigorous imprisonment for a term
which shall not be less than three years and not more than five years, and with
fine ranging from five thousand rupees to one lakh rupees.
(2) Whoever contravenes any of the provisions
of section 12, section 18 or section 21 or of any rule, shall be punished with
imprisonment for a term which may extend to one year and with fine.
(3) Any person who attempts to contravene, or
abets the contravention of any of the provisions mentioned in sub-section (1)
or sub-section (2) shall be punishable with the same punishment as is provided
for such contravention.]
[50][50][23-A. Power to try summarily.— [51][51][Notwithstanding anything to the contrary
contained in the Code of Criminal Procedure, 1898,] any magistrate for the time
being empowered to try in a summary way the offences specified in sub-section
(1) of section 260 of the Code of Criminal Procedure, 1898, may try summarily
any offence made punishable under clause (a)
of sub-section (1) of section 23 of this Ordinance or sub-section (2) of the
said section in accordance with the provisions of Chapter XXII of that Code.]
24. Presumption.— In every prosecution under this Ordinance
relating to any food the Court shall presume—
(a) that any food found in possession of any
person, who is or has been habitually found manufacturing, selling, keeping,
storing, offering or exposing for sale or hawking about such food, was being
manufactured, sold, kept, stored, offered or exposed for sale or hawked about
by such person;
(b) that any food commonly used for human consumption
is sold, kept or stored for human consumption;
(c) that any food commonly used for human
consumption, which is found on premises used for the preparation or manufacture
of such food, was intended to be prepared or manufactured for human consumption;
(d) that any substance capable of being used in the
manufacture or preparation of any food commonly used for human consumption,
which is found on premises in which such food is manufactured or prepared, was
intended to be used in the manufacture or preparation of such food;
(e) that any food is not of the nature, substance
or quality it purports to be, if it is deficient in any of its normal
constituents to the extent specified in the rules made under this Ordinance or
if any extraneous matter has been added to it in contravention of such rules.
25. Declaration under section 18 to be
evidence.— A declaration
signed or marked under sub-section (4) of section 18 may be produced as
evidence of the facts contained therein in any enquiry, trial or other proceedings
under this Ordinance.
26. Certificate of Public Analyst to be evidence
of fact therein stated.— (1)
The production in any enquiry, trial or other proceeding under this Ordinance
of a certificate under the hand of a Public Analyst in the form specified in
the [52][52][* * *] Schedule shall, until the contrary is
proved, be sufficient evidence of the facts therein stated.
(2) When any person is accused of an offence
under this Ordinance, he may require the court to summon as a witness the
Public Analyst who analysed the food or sample of food in respect of which he
is accused of having committed an offence and the court may, and shall, in
every case in which the accused deposits in the court a sum of money in
accordance with the scale prescribed, summon the Public Analyst, and if such
person is acquitted, any sum of money so deposited shall be refunded to him.
27. Analysis by [53][53][Chief] Chemical Examiner.— (1) The court may of its own accord or on
the request of the accused cause any food or sample of food to be sent for
analysis to the [54][54][Chief] Chemical Examiner to Government, who shall thereupon with all
convenient speed analyse the same and report the result of the analysis to the
court in the form specified in the [55][55][* * *]Schedule, and the cost of such
analysis shall be paid by the accused if the Court so directs.
(2) The certificate of the [56][56][Chief] Chemical Examiner to Government shall, until the contrary is
proved, be sufficient evidence of the facts therein stated, but if the Court
considers it necessary in the interests of justice it may summon him to give
evidence in connection with the certificate issued by him, and in such a case
the cost of summoning the [57][57][Chief] Chemical Examiner to Government shall be paid by the accused or
the [58][58][Local Authority] as the Court may direct.
(3) The provisions of sub-section [59][59][(3)] of section 21 shall apply in respect of
the report of the [60][60][Chief] Chemical Examiner.
28. What is or is not a good defence in a
prosecution under the Ordinance.— (1) In any prosecution under this Ordinance relating to any food it
shall be no defence to allege—
(a) that the accused was ignorant of the nature,
substance or quality of the food, or
(b) that the purchaser having bought only for
analysis was not prejudiced.
(2) The seller shall not be deemed to have
committed an offence under this Ordinance if he proves—
(a) that the food sold was purchased or obtained as
agent by him as being of the same nature, substance or quality as that demanded
by the purchaser and with written warranty to the effect that it was of such
nature, substance or quality;
(b) that he had no reason to believe at the time
when he sold it that the food was not of such nature, substance or quality as
required; and
(c) that he sold it in the same state in which he
purchased it.
(3) No evidence of a warranty under clause (a) of sub-section (2) shall be
admissible on behalf of the seller—
(a) unless the seller has [61][61][on or before the first day of hearing of the
case in the Court against him] sent to the Inspector a copy of the warranty
(together with a translation thereof in English) with a notice stating that he
intends to rely on it and specifying the name and address of the person from
whom he received it and has also sent a like notice of his intention to that
person; and
(b) unless such warranty is given by a person
permanently residing or carrying on business in Pakistan.
[62][62][(4) The
Court shall summon the warrant or as a co-accused if it admits the warranty on
behalf of the seller.]
29. Forfeiture of
food upon conviction.— In the case of any conviction under this Ordinance the
convicting magistrate may order that any food to which the conviction relates,
together with all packages or vessels containing the same, shall be confiscated
to Government and disposed of as the magistrate may direct.
30. Expenses of analysis to be paid by offenders
on conviction.— When any
person is convicted of an offence under this Ordinance, the convicting
magistrate shall order that all fees and other expenses incidental to the
analysis of any food in respect of which the conviction is made, which shall in
no case be less than thirty rupees, be paid by the person convicted, in
addition to the fine, if any, which he may be sentenced to pay and the amount
of such fees and expenses may be recovered as if it were a fine.
31. Offences under the Ordinance not to be tried
by a magistrate exercising lesser powers than magistrate of the [63][63][first
class].— No offence under
this Ordinance or the rules made thereunder shall be triable by a magistrate
exercising power less than those of a magistrate of the [64][64][first class].
[65][65][32. Complaint to be filed by whom.— No Court shall take cognizance of any
offence punishable under this Ordinance except on the report in writing of the
facts constituting such offence made by a Health Officer of a Local Authority
or an Inspector authorized in this behalf by a general or special order of the
Director or Government.]
PART V
MISCELLANEOUS
[66][66][33. Protection of action taken under the
Ordinance.— No suit,
prosecution or other legal proceeding shall lie against any person for anything
which is in good faith done or intended to be done in pursuance of any
provision of this Ordinance].
34. Inspector to be deemed public servant.— An Inspector while exercising any of the
functions conferred upon him by or under this Ordinance and all other persons
assisting him in discharging such functions shall be deemed to be public
servants within the meaning of section 21 of the Pakistan Penal Code[67][67].
35. Power of
Government to appoint a public servant to exercise the functions of any [68][68][Local Authority].— (1) If the [69][69][Executive District Officer (Health)] of a
district receives information from the Director or has reason to believe that a
[70][70][Local Authority] has failed to execute or enforce
any of the provisions of this Ordinance in relation to any food and that the
failure affects the general interest of the consumers, he may, after making
such inquiry, from the [71][71][Local Authority] as he thinks fit, by order
empower any public servant to execute or enforce these provisions or to procure
the execution or enforcement thereof in relation to such food and the order may
fix a reasonable remuneration to be paid to such public servant, and such
remuneration together with any expenses incurred by the public servant in
performing the duties of the [72][72][Local Authority] under this Ordinance shall be
paid by the local authority.
(2) If the expenses and remuneration are not
so paid the [73][73][Executive District Officer (Health)] may
make an order directing any person who for the time being has custody of any
moneys on behalf of the local authority, as its officer, treasurer, banker or
otherwise, to pay such expenses and remuneration from such money as he may have
in his hands or may from time to time receive, and such person shall be bound
to obey such order.
(3) When the [74][74][Executive District Officer (Health)] makes any order under this section, he shall
forthwith forward to the [75][75][District Coordination Officer] and to the
local authority affected thereby a copy of the order with a statement of the
reasons for making it, and it shall be in the discretion of the [76][76][District Coordination Officer] to rescind
the order, or to direct that it may continue in force with or without
modifications.
(4) The [77][77][District Coordination Officer] shall forthwith submit to Government a
report of every case occurring under this section, and Government may confirm,
revise or modify the order, or make in respect thereof any other order which
the [78][78][District Coordination Officer] could have made:
Provided that no order of the [79][79][Executive District Officer (Health)] or the [80][80][District Coordination Officer] passed under this
section shall be confirmed, revised or modified by Government without giving
the local authority a reasonable opportunity of showing cause against such
order.
36. Delegation.— Government may delegate all or any of its
powers and functions under this Ordinance to the Director or any other officer
by name or designation.
37. Power to make rules.— (1) Government may frame rules[81][81] for the purpose of carrying into effect the
provisions of this Ordinance.
(2) In particular and without prejudice to
the generality of the foregoing power, Government may frame rules—
(a) prescribing
the qualifications of persons who may be appointed Public Analysts for the
purpose of this Ordinance;
(b) regulating the appointment
and qualifications of persons to be appointed as Inspectors under this
Ordinance;
(c) prescribing the methods of
analysis to be followed by Public Analysts for the analysis of any food;
(d) fixing the fees to be paid
in respect of the analysis of any food by a Public Analyst;
(e) prohibiting the use of any
particular matters or ingredients in the manufacture or preparation of any
food;
(f) specifying the conditions
(which include the addition of a colour or any other substance) subject to
which any food shall be manufactured, sold, kept, stored, offered or exposed
for sale;
(g) prohibiting the keeping or
storage of foods other than those approved under the rules;
(h) securing
the cleanliness and freedom from contamination of any food in the course of its
manufacture, preparation, storage, packing, carriage delivery or exposure for
sale, and securing the cleanliness of places, receptacles, packages, wrappings,
appliances and vehicles used in such manufacture, preparation, storage,
packing, carriage or delivery;
(i) prescribing the method in
which labels shall be affixed, languages in which the labels shall be printed
and the symbols which shall be used for different kinds or foods;
(j) prescribing
the manner in which, and the conditions subject to which, a licence is to be
granted under section 11;
(k) prescribing the form, and
the particulars to be entered in the register to be kept under section 12;
(l) authorising a person
taking a sample of milk or any other food for the purpose of analysis to add
preservatives to such samples for maintaining it in a suitable condition for
analysis and regulating the nature and method of addition of such
preservatives;
(m) prohibiting the use or addition as a
preservative of any article, material or substance in the manufacture or
preparation for sale of any food;
(n) prescribing the fees which
a local authority may levy for the grant of a licence; and
(o) prescribing the fees to be
deposited in Court for summoning a Public Analyst.
(b) the Punjab Pure Food Act,
1929[84][84], in its application to the territories which
formed the North-West Frontier Province before the establishment of West
Pakistan;
(c) the Bahawalpur State Pure
Food Act, 1946;
(e) the Khairpur Prevention of
Adulteration Act, 1941;
(2) Notwithstanding the repeal of the
enactments mentioned in sub-section (1), everything done and all action taken,
obligation, liability, penalty or punishment incurred, inquiry or proceeding
commenced, officer appointed or person authorised, jurisdiction or power conferred,
rule made and notification issued under any provisions of the said enactments
shall, if not inconsistent with the provisions of this Ordinance, continue in
force and be deemed to have been respectively done, taken, incurred, commenced,
appointed, authorised, conferred, made or issued under this Ordinance.
(3) The areas to which any of the enactments
enumerated in sub-section (1) applied before the commencement of this
Ordinance, shall be considered to have been duly notified under sub-section (3)
of section 1 of this Ordinance.
[Section 21]
FORM
OF CERTIFICATE
[Admissible as Evidence under Section 26(1)]
To *_________________________________________________________________________________________
I,
__________, Public Analyst for the ______________ do hereby certify that I
received on the _______ day of ________ 19 _____ from
personally
** by post a packet said to contain
by
Mail
a sample of
__________________________________ for analysis ***(alleged
to have been despatched by him on the _______________ day of _______________ 19___
).
2. The
packet was sealed with _________________seals bearing the impression on the
invoice hereunto attached, and the seals were opened in my presence, and the
contents of the packet were duly examined by me, and remained under my
immediate custody until the analysis was completed.
3. I
have analysed the said sample, and declare the result of my analysis to be as
follows:-
I
am of opinion that the same is a sample of (Genuine) _________ ****which
conforms (or does not conform) to the standard of _________________________
prescribed by the rules made under the West Pakistan[91][91] Pure Food Ordinance, 1960, in the following
respects:-
Signed this _______ day of ________19 __ at
_______________ A.B
* Here insert the name of the
person submitting the article for analysis.
** Here insert the name of the
person delivering the packet or if received by post or railway the name of the sender.
*** Not to be filled up if the
packet is delivered personally.
**** Score out from here in case
no standard prescribed.
[92][1]This Ordinance was
promulgated by the Governor of West Pakistan on 20th Nov., 1959; published in
the West Pakistan Gazette (Extraordinary), dated 11th March, 1960; pages
1445-64; saved and given permanent effect by Article 225 of the Constitution of
the Islamic Republic of Pakistan (1962).
[93][2]Substituted
by the Punjab Laws (Adaptation) Order, 1974 (Pb. A.O. 1. of 1974), for “West
Pakistan”.
[98][7]Substituted
by the Punjab Laws (Adaptation) Order, 1974 (Pb. A.O. 1. of 1974), for “West
Pakistan”.
[99][8]Come into operation in Quetta
and Kalat divisions with effect from 28th September, 1961, in respect of all
foods, see Gazette of West Pakistan,
1961, Pt. I, p. 523.
Came into operation in all the areas of
West Pakistan except in the Tribal Areas with effect from 9th August, 1963, see Gazette of West Pakistan 1963, Pt.
I, p. 1064.
[101][10]Inserted by the Punjab Pure
Food (Amendment) Ordinance, 2001 (LIV of 2001), which will remain in force
under the Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article
4, notwithstanding the maximum limit of three months prescribed under Article
128 of the Constitution of the Islamic Republic of Pakistan.
[102][11]Inserted by the Punjab Pure
Food (Amendment) Ordinance, 2001 (LIV of 2001), which will remain in force
under the Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article
4, notwithstanding the maximum limit of three months prescribed under Article
128 of the Constitution of the Islamic Republic of Pakistan.
[104][13]Substituted
by the Punjab Laws (Adaptation) Order, 1974 (Pb. A.O. 1. of 1974), for
“Government of West Pakistan”.
[105][14]Substituted for the words
“District Health Officer or the Assistant District Health Officer” by the Punjab Pure Food
(Amendment) Ordinance, 2001 (LIV of 2001), which will remain in force under the
Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4,
notwithstanding the maximum limit of three months prescribed under Article 128
of the Constitution of the Islamic Republic of Pakistan.
[113][22]Substituted, for the word “charbini”, by the West Pakistan Pure Food (Amendment) Act, 1965 (V of 1965).
[117][26]For notification see West Pakistan Government Gazette,
Part I, 1964, pp. 720, 959 and 1032; 1965, p. 728.
[120][29]For notifications, see West Pakistan Government Gazette,
Part I, 1963, pp. 643,980,1043 and 1064; 1964 pp. 568, 1031-32 and 1965, pp.
976 and 1359.
[121][30]The
words “and any Assistant Director” deleted by the Punjab
Pure Food (Amendment) Ordinance, 2001 (LIV of 2001), which will remain in force
under the Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article
4, notwithstanding the maximum limit of three months prescribed under Article
128 of the Constitution of the Islamic Republic of Pakistan.
[122][31]The words, “at such time as
may be prescribed”, omitted by the West Pakistan Pure Food (Amendment) Act,
1965 (V of 1965).
[123][32]Substituted
by the West Pakistan Pure Food (Amendment) Act, 1963 (II of 1963), for the full
stop.
[126][35]Substituted by the West
Pakistan Pure Food (Amendment) Act, 1965 (V of 1965), for the words “Food
Authority”.
[130][39]The words “or second” deleted by the Punjab Pure
Food (Amendment) Ordinance, 2001 (LIV of 2001), which will remain in force
under the Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article
4, notwithstanding the maximum limit of three months prescribed under Article
128 of the Constitution of the Islamic Republic of Pakistan.
[131][40]Substituted by the West
Pakistan Pure Food (Amendment) Act, 1965 (V of 1965), for the words “Food
Authority”.
[132][41]Substituted by the West
Pakistan Pure Food (Amendment) Act, 1965 (V of 1965), for the words “Food
Authority”.
[135][44]The word “Second” deleted by
the West Pakistan Pure Food (Amendment) Act, 1965 (V of 1965).
[139][48]Substituted by the West
Pakistan Pure Food (Amendment) Act, 1965 (V of 1965), for the words “Food
Authority”.
[143][52]The word
“second” deleted by the West Pakistan Pure Food (Amendment) Act, 1965 (V of
1965).
[144][53]Inserted
by the Punjab Pure Food (Amendment) Ordinance, 2001 (LIV of 2001), which will
remain in force under the Provisional Constitution (Amendment) Order 1999 (9 of
1999), Article 4, notwithstanding the maximum limit of three months prescribed
under Article 128 of the Constitution of the Islamic Republic of Pakistan.
[146][55]The word
“second” deleted by the West Pakistan Pure Food (Amendment) Act, 1965 (V of
1965).
[147][56]Inserted
by the Punjab Pure Food (Amendment) Ordinance, 2001 (LIV of 2001), which will
remain in force under the Provisional Constitution (Amendment) Order 1999 (9 of
1999), Article 4, notwithstanding the maximum limit of three months prescribed
under Article 128 of the Constitution of the Islamic Republic of Pakistan.
[149][58]Substituted by the West Pakistan Pure Food (Amendment) Act,
1965 (V of 1965), for the word “Food Authority”.
[150][59]Substituted by the West Pakistan Pure Food (Amendment) Act,
1965 (V of 1965)., for the
brackets and figure “(4)”.
[151][60]Inserted
by the Punjab Pure Food (Amendment) Ordinance, 2001 (LIV of 2001), which will
remain in force under the Provisional Constitution (Amendment) Order 1999 (9 of
1999), Article 4, notwithstanding the maximum limit of three months prescribed
under Article 128 of the Constitution of the Islamic Republic of Pakistan.
[152][61]Substituted for the words
“within seven days of the service of the summons upon him”, by the West
Pakistan Pure Food (Amendment) Act, 1965 (V of 1965).
[159][68]Substituted by the West
Pakistan Pure Food (Amendment) Act, 1965 (V of 1965), for the words “Food Authority”.
[160][69]Substituted
for the words “Deputy Commissioner” by the Punjab Pure Food (Amendment)
Ordinance, 2001 (LIV of 2001), which will remain in force under the Provisional
Constitution (Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the
maximum limit of three months prescribed under Article 128 of the Constitution
of the Islamic Republic of Pakistan.
[161][70]Substituted by the West
Pakistan Pure Food (Amendment) Act, 1965 (V of 1965), for the words “Food Authority”.
[164][73]Substituted
for the words “Deputy Commissioner” by the Punjab Pure Food (Amendment)
Ordinance, 2001 (LIV of 2001), which will remain in force under the Provisional
Constitution (Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the
maximum limit of three months prescribed under Article 128 of the Constitution
of the Islamic Republic of Pakistan.
[172][81]Issued by Health Department
notification No. H.S.O. (F. and N.)1/3-63, dated 21st August, 1965, Government
of West Pakistan Gazette 1965 (Extraordinary), dated 17th September, 1965,
pages 4950-87.
[173][82]The original section 39 which
was incorrectly numbered as such, was renumbered as section 38 by the West
Pakistan Pure Food (Amendment) Act, 1965 (V of 1965).
[181][90]The word
“Second” omitted by the West Pakistan Pure Food (Amendment) Act, 1965 (V of
1965).
[1][1]This Ordinance was
promulgated by the Governor of West Pakistan on 20th Nov., 1959; published in the
West Pakistan Gazette (Extraordinary), dated 11th March, 1960; pages 1445-64;
saved and given permanent effect by Article 225 of the Constitution of the
Islamic Republic of Pakistan (1962).
[2][2]Substituted
by the Punjab Laws (Adaptation) Order, 1974 (Pb. A.O. 1. of 1974), for “West
Pakistan”.
[7][7]Substituted
by the Punjab Laws (Adaptation) Order, 1974 (Pb. A.O. 1. of 1974), for “West
Pakistan”.
[8][8]Come into operation in Quetta
and Kalat divisions with effect from 28th September, 1961, in respect of all
foods, see Gazette of West Pakistan,
1961, Pt. I, p. 523.
Came into operation in all the areas of
West Pakistan except in the Tribal Areas with effect from 9th August, 1963, see Gazette of West Pakistan 1963, Pt.
I, p. 1064.
[10][10]Inserted by the Punjab Pure
Food (Amendment) Ordinance, 2001 (LIV of 2001), which will remain in force
under the Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article
4, notwithstanding the maximum limit of three months prescribed under Article
128 of the Constitution of the Islamic Republic of Pakistan.
[11][11]Inserted by the Punjab Pure
Food (Amendment) Ordinance, 2001 (LIV of 2001), which will remain in force
under the Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article
4, notwithstanding the maximum limit of three months prescribed under Article
128 of the Constitution of the Islamic Republic of Pakistan.
[13][13]Substituted
by the Punjab Laws (Adaptation) Order, 1974 (Pb. A.O. 1. of 1974), for
“Government of West Pakistan”.
[14][14]Substituted for the words
“District Health Officer or the Assistant District Health Officer” by the Punjab Pure Food
(Amendment) Ordinance, 2001 (LIV of 2001), which will remain in force under the
Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4,
notwithstanding the maximum limit of three months prescribed under Article 128
of the Constitution of the Islamic Republic of Pakistan.
[22][22]Substituted, for the word “charbini”, by the West Pakistan Pure Food (Amendment) Act, 1965 (V of 1965).
[26][26]For notification see West Pakistan Government Gazette,
Part I, 1964, pp. 720, 959 and 1032; 1965, p. 728.
[29][29]For notifications, see West Pakistan Government Gazette,
Part I, 1963, pp. 643,980,1043 and 1064; 1964 pp. 568, 1031-32 and 1965, pp. 976
and 1359.
[30][30]The
words “and any Assistant Director” deleted by the Punjab
Pure Food (Amendment) Ordinance, 2001 (LIV of 2001), which will remain in force
under the Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article
4, notwithstanding the maximum limit of three months prescribed under Article
128 of the Constitution of the Islamic Republic of Pakistan.
[31][31]The words, “at such time as
may be prescribed”, omitted by the West Pakistan Pure Food (Amendment) Act,
1965 (V of 1965).
[32][32]Substituted
by the West Pakistan Pure Food (Amendment) Act, 1963 (II of 1963), for the full
stop.
[35][35]Substituted by the West
Pakistan Pure Food (Amendment) Act, 1965 (V of 1965), for the words “Food
Authority”.
[39][39]The words “or second” deleted by the Punjab Pure
Food (Amendment) Ordinance, 2001 (LIV of 2001), which will remain in force
under the Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article
4, notwithstanding the maximum limit of three months prescribed under Article
128 of the Constitution of the Islamic Republic of Pakistan.
[40][40]Substituted by the West
Pakistan Pure Food (Amendment) Act, 1965 (V of 1965), for the words “Food
Authority”.
[41][41]Substituted by the West
Pakistan Pure Food (Amendment) Act, 1965 (V of 1965), for the words “Food
Authority”.
[48][48]Substituted by the West
Pakistan Pure Food (Amendment) Act, 1965 (V of 1965), for the words “Food
Authority”.
[53][53]Inserted
by the Punjab Pure Food (Amendment) Ordinance, 2001 (LIV of 2001), which will
remain in force under the Provisional Constitution (Amendment) Order 1999 (9 of
1999), Article 4, notwithstanding the maximum limit of three months prescribed
under Article 128 of the Constitution of the Islamic Republic of Pakistan.
[56][56]Inserted
by the Punjab Pure Food (Amendment) Ordinance, 2001 (LIV of 2001), which will
remain in force under the Provisional Constitution (Amendment) Order 1999 (9 of
1999), Article 4, notwithstanding the maximum limit of three months prescribed
under Article 128 of the Constitution of the Islamic Republic of Pakistan.
[58][58]Substituted by the West Pakistan Pure Food (Amendment) Act,
1965 (V of 1965), for the word “Food Authority”.
[59][59]Substituted by the West Pakistan Pure Food (Amendment) Act,
1965 (V of 1965)., for the
brackets and figure “(4)”.
[60][60]Inserted
by the Punjab Pure Food (Amendment) Ordinance, 2001 (LIV of 2001), which will
remain in force under the Provisional Constitution (Amendment) Order 1999 (9 of
1999), Article 4, notwithstanding the maximum limit of three months prescribed
under Article 128 of the Constitution of the Islamic Republic of Pakistan.
[61][61]Substituted for the words
“within seven days of the service of the summons upon him”, by the West
Pakistan Pure Food (Amendment) Act, 1965 (V of 1965).
[68][68]Substituted by the West
Pakistan Pure Food (Amendment) Act, 1965 (V of 1965), for the words “Food Authority”.
[69][69]Substituted
for the words “Deputy Commissioner” by the Punjab Pure Food (Amendment)
Ordinance, 2001 (LIV of 2001), which will remain in force under the Provisional
Constitution (Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the
maximum limit of three months prescribed under Article 128 of the Constitution
of the Islamic Republic of Pakistan.
[70][70]Substituted by the West
Pakistan Pure Food (Amendment) Act, 1965 (V of 1965), for the words “Food Authority”.
[73][73]Substituted
for the words “Deputy Commissioner” by the Punjab Pure Food (Amendment)
Ordinance, 2001 (LIV of 2001), which will remain in force under the Provisional
Constitution (Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the
maximum limit of three months prescribed under Article 128 of the Constitution
of the Islamic Republic of Pakistan.
[81][81]Issued by Health Department
notification No. H.S.O. (F. and N.)1/3-63, dated 21st August, 1965, Government
of West Pakistan Gazette 1965 (Extraordinary), dated 17th September, 1965,
pages 4950-87.
[82][82]The original section 39 which
was incorrectly numbered as such, was renumbered as section 38 by the West
Pakistan Pure Food (Amendment) Act, 1965 (V of 1965).
No comments:
Post a Comment