[1]THE
[2][
PUNJAB] PURE FOOD ORDINANCE, 1960
( VII of
1960)
[11th
March, 1960]
An
Ordinance
to consolidate and amend
the law relating to the preparation and sale of foods in the province of 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 [3][
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[the Punjab] Pure Food
Ordinance, 1960.
(3) It shall
come into operation[6] in respect of such food or generally in
respect of such areas as Government may by notification direct.
[7][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 [9][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 [12][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;
15[(15) “Local Authority” means—
(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.
[13][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.]
[14][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[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[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.]
[15][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.]
[16][10. Banaspati,
margarine or charbi not to be
sold loose.— No person shall sell banaspati,
margarine or [17][
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.]
[18][11. Licence for manufacture, storage and
sale of goods.— (1) No place shall be used—
(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.
[19][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[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[20],
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.
[21][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[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[22].
(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 [23][*
* *] 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.
(2) An Inspector may [24][
* * * ]
(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 [25][
; ]
|
[26][(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.]
|
|
[27][(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 [28][
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[in writing] of the owner or the person in
whose possession, custody or control it is found.
|
[29][(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[(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 [30][*
* *] 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 [31]
[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 [32][
Local Authority] concerned.
[33][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.]
[34][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 subsection (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 [35][*
* * *] schedule showing the result of the analysis.
[36][*
* * * * * * * * * * * ].
[37][(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[(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 [38][
Local Authority] of the area from where the sample is procured.
PART IV
PENALTIES AND PROCEDURE
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.]
[39][23-A. Power to try summarily.— [40][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 subsection (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 [41][*
* *] 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 [42][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[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 [43][*
* *]Schedule, and the cost of such analysis shall be paid by the accused if the
Court so directs.
(2)
The certificate of the [44][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
[Chief] Chemical Examiner to Government shall be paid by the accused or the [45]
[Local Authority] as the Court may direct.
(3)
The provisions of sub-section [46]
[(3)] of section 21 shall apply in respect of the report of the [47][
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 [48][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.
[49][(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 [50][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[ first class ].
[51][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
[52][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[53].
35.
Power of
Government to appoint a public servant to exercise the functions of any [54][Local Authority].— (1) If the [55][Executive
District Officer (Health)] of a district receives information from the Director
or has reason to believe that a [56][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[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[Local Authority] under this Ordinance
shall be paid by the local authority.
(2)
If the expenses and remuneration are not so paid the [57][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[Executive District Officer (Health)] makes any order under
this section, he shall forthwith forward to the [58][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[District
Coordination Officer] to rescind the order, or to direct that it may continue
in force with or without modifications.
(4)
The [59][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 [60]
[District Coordination Officer] could have made:
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[63]
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.
[64][38. Repeal and savings].— (1) The
following enactments are hereby repealed:-
(b)
the Punjab Pure Food Act, 192984, 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.
[70][*
* * * * * * * * * * * ]
[71][
* * *] SCHEDULE
[Section 21]
FORM OF CERTIFICATE
[ ADMISSIBLE AS EVIDENCE UNDER SECTION 26(1)]
To [72]___________________________________________________________________________________________________________
I, __________,
Public Analyst for the ______________ do hereby certify that I received on the
_______ day of ________ 19 _____ from
personally
a sample of __________________________________ for analysis 93(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) _________ [74]which
conforms (or does not conform) to the standard of _________________________
prescribed by the rules made under the West Pakistan [75]Pure
Food Ordinance, 1960, in the following respects:-
Signed this _______ day of ________19 __ at _______________
A.B
[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] Substituted by the Punjab
Laws (Adaptation) Order, 1974 (Pb. A.O. 1. of 1974), for “West Pakistan”. 3 Ibid.
[4] Substituted by the West
Pakistan Pure Food (Amendment) Act, 1963 (II of 1963).
[5] Substituted by the Punjab
Laws (Adaptation) Order, 1974 (Pb. A.O. 1. of 1974), for “West Pakistan”.
[6] 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.
[7] Substituted by the West
Pakistan Pure Food (Amendment) Act, 1965 (V of 1965).
[8] 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.
[9] 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.
[10] Substituted ibid., for the words ‘Director, Health
Services, of a Region”..
[11] Substituted by the Punjab
Laws (Adaptation) Order, 1974 (Pb. A.O. 1. of 1974), for “Government of West
Pakistan”.”.
[12] 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 15Substituted
ibid.
[13] Substituted by the West
Pakistan Pure Food (Amendment) Act, 1965 (V of 1965).
[15] Ibid.
[16] Substituted by the West
Pakistan Pure Food (Amendment) Act, 1963 (II of 1963).
[17] Substituted, for the word
“charbini”, by the West Pakistan Pure Food (Amendment) Act, 1965 (V of 1965).
[18] Substituted ibid.
[20] For notification see West Pakistan Government Gazette,
Part I, 1964, pp. 720, 959 and 1032; 1965, p. 728.
[22] 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.
[23]
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.
[24] The words, “at such time
as may be prescribed”, omitted by the West Pakistan Pure Food (Amendment) Act,
1965 (V of 1965).
[25] Substituted by the West
Pakistan Pure Food (Amendment) Act, 1963 (II of 1963), for the full stop.
[26] Added ibid.
[27] Substituted by the West
Pakistan Pure Food (Amendment) Act, 1965 (V of 1965).
[28] Substituted by the West Pakistan
Pure Food (Amendment) Act, 1965 (V of 1965), for the words “Food Authority”. 36 Inserted ibid.
[30] 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.
[31] Substituted by the West
Pakistan Pure Food (Amendment) Act, 1965 (V of 1965), for the words “Food
Authority”.
[32] Substituted by the West
Pakistan Pure Food (Amendment) Act, 1965 (V of 1965), for the words “Food
Authority”.
[33] Substituted ibid.
[34] Substituted by the West
Pakistan Pure Food (Amendment) Act, 1965 (V of 1965).
[35] The word “Second” deleted
by the West Pakistan Pure Food (Amendment) Act, 1965 (V of 1965).
[36] Sub-section (2) deleted ibid.
[38] Substituted by the West
Pakistan Pure Food (Amendment) Act, 1965 (V of 1965), for the words “Food
Authority”. 49 Substituted ibid.
[39] Inserted by the West
Pakistan Pure Food (Amendment) Act, 1963 (II of 1963).
[40] Inserted by the West
Pakistan Pure Food (Amendment) Act, 1965 (V of 1965).
[41] The word “second” deleted
by the West Pakistan Pure Food (Amendment) Act, 1965 (V of 1965).
[42]
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. 54 Ibid.
[43] The word “second” deleted
by the West Pakistan Pure Food (Amendment) Act, 1965 (V of 1965).
[44]
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. 57 Ibid.
[45] Substituted by the West
Pakistan Pure Food (Amendment) Act, 1965 (V of 1965), for the word “Food
Authority”.
[46] Substituted by the West
Pakistan Pure Food (Amendment) Act, 1965 (V of 1965)., for the brackets and figure “(4)”.
[47]
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.
[48]
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).
[49] Added by the West
Pakistan Pure Food (Amendment) Act, 1965 (V of 1965).
[51] Substituted ibid.
[52] Substituted by the West
Pakistan Pure Food (Amendment) Act, 1965 (V of 1965).
[53]
XLV of 1860.
[54] Substituted by the West
Pakistan Pure Food (Amendment) Act, 1965 (V of 1965), for the words “Food Authority”.
[55]
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.
[56] Substituted by the West
Pakistan Pure Food (Amendment) Act, 1965 (V of 1965), for the words “Food Authority”. 71 Ibid. 72 Ibid.
[57]
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. 74 Ibid.
[59] Ibid.
[60] Ibid.
[61] Ibid., for the words “Deputy Commissioner”.
[62] Ibid., for the word “Commissioner”.
[63] 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.
[64]
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).
[66] Sind XLII of 1947.
[67] Added by the West
Pakistan Pure Food (Amendment) Act, 1963 (II of 1963).
[68] Sind XLII of 1947.
[69] N.W.F.P XII of 1939.
[70] First Schedule omitted by
the West Pakistan Pure Food (Amendment) Act, 1965 (V of 1965).
[71] The word “Second” omitted
by the West Pakistan Pure Food (Amendment) Act, 1965 (V of 1965).
[72] Here insert the name of
the person submitting the article for analysis.
[73] Here insert the name of
the person delivering the packet or if received by post or railway the name of
the sender. 93 Not
to be filled up if the packet is delivered personally.
[74] Score out from here in
case no standard prescribed.
[75] Now “Punjab”, see by the Punjab Laws (Adaptation)
Order, 1974 (Pb. A.O. 1. of 1974).
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