 2 e otl: 1'103 a billfunhe'l' to amend the prevention of food adulteration act, 1954 be it enacted by parliament in the fourteenth year of the republic of india as follows:-1 (1) this act may be called the prevention of food adultera short title tion (amendment) act, 1963 :!:-s (2) it shan come into force on such date as the central govern- ment ment may, by notification in the official gazette, appoint j70r 954 2 in section 3 of the prevention of food adulteration act, 19m, amem hereinafter referred to as the principal act,-~t,or ectiodl (i) in sulheetion (2) ,-10 (4) for clause (d), the following clause shall be substituted, namely:-is "(d) one representative each of the departments of fgod and agriculture in the centrallwnlstry of food and agriculture and one representative each of the central ministries of defence, industry, international trade and railways, nominated by the central government;"; (b) after clause (h), the following clause shall be inserted, nmnely:-:ao ii (i) one representative nominated by the indian standards institution referred to in clause (e) of s~ tjon 2 of the indian standards institution (certification marks) aet, 1952"; mof its • (ii) in sub-section (3), for the brackets, letters and word "(g) and (h)", the brackets, letters and word" (g), (h) and (0" shall be substituted ameddmentaf section 7 3 in section 7 of the principal act, in clause (iv), for the words "with q view to preventing the outbreak or spread of infectious s diseases", the words "in the interest of public health" shall be substituted 4 for section 9 of ,the principal act, the following section shall be substituted, namely:-subatitutica ofasew iecticdfor lectica , pooci 11iipccidri "9 (1) the central government or a state government 10 may, by notification in the ofticial gazette, appoint such persons as it thinks fit, having the prescribed qualifications to be food inspectors for such areas as may be assigned to them by the central government or the state government, as the ~ase may be (2) no person who has any financial interest in the manu- is facture, import or sale of any article of food shall be appointed to be a food inspector under this section (3) every food inspector shall be deemed to be a publ1e servant within the meaning of section 21 of the indian penal ~ of 1880 code and shall be officially sujx>rdinate to such authority as the 20 government appointing him, may specify in this behalf" 5 in section 10 of the prineipal act,-amendmentor section 10 (i) in cleuse (e) of sub-section (1), for the words "with a view to preventing the outbreak or spread of any infectious disease" the words "in the interest of public health" shall be 25 substituted; (ii) after sub-section (4), the following proviso shall be inserted, namely:-"provided that whenever the food inspector keeps in the safe custody of the vendor such article, the vendor shall 30 execute a bond for a sum of money equal to the value of such article with ohe or more sureties as the food inspector deems fit"j (iii) in sub-section (7), for the worda "as tar as possible, call not less than two persons to be present at the time when 35 such action is taken and take their signatures", the words "call one or more persons to be present at the time when such- action is taken and take his or their signatures" shall be substituted lok sabha corrigenda to t he prevent i on of fo od aduijrerat ion (amenrnent) bill, 1963 (to be/as introduced in lok sabha) page 3, line 22,-after ii (ii)" omit" 11 -, 1 - page 4, line 24,-2 after "sale" insert ttthereof" 3 page 5, line 20,-~ '''the' mas ''' the' new delhi, december 1a_t96~ agrahayana 27, 1885 ( s ak a 1 • for section 14 of the principal act, the following section shall substitube substituted, namely: -tion of  _ new aecrion for "14 e d section 14  very ven or of an article of food shall, if so required, vendor to disclose to the food inspector thl! name, address and other parti- disclose the i f th f  name of the cu ars 0 e person rom whom he purchased the article of food", manufac-turer, etc,  7 in section 16 of the principal act,-(a) in sub-section (1) ,-amendmentof section 18, (i) for clause (a), the following clause shall be substituted, namely:-10 "(a) whether by himself or by any person on his behalf imports into india or manufactures for sale, or stores, sells or distributes any article of fooo-(i) which is adulterated or the sale of which is for the time being prohibited by the food (health) authority in the interest of public health; (ii) other than an article of food referred to in sub-clause (i) in contravention of any of the provisions of this act or of any rule made thereunder, or"j (ii) in clause (f), the word <cor" occurring at the end shell be omitted;  20 (iii) clause (g) shall be omitted; (iv) for paragraphs (i), (ii) , and (iii), the following paragraphs shall be substituted, namely:-"(i) for the first offence-(a) if the offence is with respect to sub-clause (i) of clause (a) or clause (b) or clause (c) or clause (d), with imprisonment for a term which shall not be less than six months but which mey extend to two years and with fine; and 30 (b) in other cases, with imprisonment for a term which may extend to two years and with fine; 35 (ii) for a second offence, with imprisonment for a term which shall not be less than two years but which may extend to three years and with fine which shall not be less than two thousand rupees: provided that the court may, for any adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment of less than two years but not less than six months; (iii) for a third and subsequent offences, with imprisonment for a term which shall not be less than four years but which may extend to six years and with 5 fine which shall not be less than three thousand rupees: provided that the court may, for any adequate and special reasons to be mentioned in the judgment, impale a sentence of imprisonment of less than four years but not less than six months"; 10 (b) after sub-section (1), the following sub-eectiod shall be inserted, namely:-"(la) whoever contravenes the provisions of section 14 shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to five is hundred rupees or with both" amend 8 in section 19 of the ,principal act, for sub-sections (2) and (3), =~~1& the following sub-section shall be substituted, namely:- (2) a vendor shall not be deemed to have committed an offence pertaining to the sale of any adulterated or misbranded 20 article of food if he proves-, (a) that he purchas~ the article of-food-(i) in case where a licence is prescribed for the sale from  a duly licensed manufacturer, distributor or dealer; 25 (ii) in any other case, from any lhadufaeturer dlstributor or dealer; (b) that he did not know and could not, with reasonable diligence, have ascertained that the artiele of food wu adulterated or misbranded: and 30 amend· mentot section 20 (c) that the article of food wblle in his po8iiei8ion wu properly stored and remained in the same 'state as when he purchased it" 9 in seetion 20 of the prircipal act, in sub4eetion (1), for the words "the state government or a local authority" wherever they 35 occur, the words "the central government or the state government or a local authority" shall be substituted 10 in section 23 of the principal act,-amend· mentof eeetioll 23 (i) in clause (a) of sub-sectiol'i (1), for the words 'add the fees payable therefor", ·thewords ",the fees payable therefor, the 40 deposit of any sum as security for the performance of the conditions of the licence and the circumstances under which such security may be forfeited" shall be substituted; (ii) for sub-section (2), the following sub-seetlod slwlll be ubltttuted, namely:-s 10 is ii (2) every rule made by the central government uncler this act shall be laid as soon as may be after it is made before each house of parliament while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session in which it is so laid or the suceessivesessions aforesaid, both houses agree in miking any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without ,prejudice to the validity of anything previously done under that rule!' u in section 24 of the principal art, in cl6u1e (b) -ofsub-lection amend-20 (2), for the w«ds "add the fees payable therefor", the worda "the =t ofz4 fees payable therefor, the deposit of any ,sumas security for the on pericmnance' of the 'conditions ,of the licence add the circumstances under which such security may be forfeited" shall be substituted  statement of objects and reasonsthe administration of the prevention of food adulteration act, 1954, during the last about eight years has revealed that the machinery provided by the act is inadequate and that to cope with the increasing tendencies to indulge in adulteration, a revision of some of the provisions is necessary the central council of health at its meeting held in october, 1960, reviewed the position and recommended inter alia that the penal provisions of the act should be made more deterrent and the services of the food inspectors instead of being left to remain under the local authorities should be provinciaused the planning commission, while examining the pro blem of prevention of food adulteration, has also suggested the centralisation of administration under the act, the power to appoint food inspectors vests with the state governments except at major ports, air ports, customs stations and rail'w'by stations the common practice followed by the state governmeats is to appoint the inspectors of local authorities as food inspectors for the proper enforcement of the act, it is considered necessary that the central government also should have power to appoint food inspectors it is also considered that the penal provisions of the act are inadequate and that they should be blade more deterrent in order to have an effective check on the evil of adulteration the bill mainly seeks to give effect to the above proposals opportunity has also' been availed of to carty out cerllain other minor amendments to remove dffftculties in the administration of the act nzw dmbi; the 11th december, 1963 sushila nay ar under clause 4 of the bill which seeks to substitute section 9 ot the prevention of food adulteration act, 1954 (97 of 1954), the central government and the state governments have concurrent powers with regard to the appointment of food inspectors to c0-ordinate the work of the food inspectors appointed by the central government and the state 90vernments and for the rigorous enforcement of the provisions of the act and the rules made thereunder, a separate unit at the centre and five zonal offices in the country are proposed to be established the expenditure involved on account of the appointment of food inspectors by the central government and the setting up of the central and zonal oftlces, i8 as indicated below:-rs 50,000 rs 9,50,000 non-recurring expenditure recurring expenditure per annum clauses 10 and 11 of the bill respectively empower the central government and, the state government to make rules regarding the depesit of security for the performance of the conditions of the licente and the circumstances under which such security may be forfeited the matters with respect to which rules are to be made ate of routine nature and the delegation of legislative powers is of - normal c!baraeter fxtracts from the preven'l'ion of food adulteration act 1954 - (37 of 1954) - - - - - central committee for food standards and central food laboratory a 0) - - - - (2) the committee shall consist of the following members, name- ~~f 8;!: ly:-i ~~~!f~~~-- - - - - dardll (d) one representative each of the central ministries of food and agriculture, commerce and industry, railways and defence nominated by the central government; - - - - - (8) the members of the committee referred to in clause (c), (d), (e), (1), (g) and (h) of sub-section (2) shall, unless their seats become vacant earlier by resignation, death or otherwise, be entitled to hold office for three years and shall be eligible for renomination - - " - - general provisions as to food - - - - - 7 no person shall himself or by any person on hi' behalf manu- prebiblfacture for sale, or store, sell or distributetion oif manu ae-- - - - - ture, sale, (iv) any article of food the sale of which is for the time ~!~af~ being prohibited by the food (health) authority with a view rrtieles of to preventing the outbreak or spread 0,£ infectious diseases; or ood - - - - - - - analysis of food - - - 9 (1) subject to the provisions of section 14 the state govern- food insment may, by notification in the official gazette, appoint persons in pectors such number as it thinks fit, having the prescribed qualifications to be food inspectors for the purposes of this act, and they shall exercise their powers within such local areas as that government may assign to them: such imprisonment shall not be less than two years and such fine shall not be less than three thousand rupees '" '" '" '" '" u (1) '" '" '" '" (2) a vendor shall not be deemed to have committed an offence 1£ he proves-defences which mayor may not be alloweel in proaecutions under thltact (i) that the article of food was purchased -by him as the same in nature, substance and quality 8s that demanded by the purchaser and with a written warranty in the prescribed form, if any, to the effect that it was of such nature, substance and quality; (ii) that he had no reason to believe at the time when he sold it that the food was not of such nature, substance and quality; and (iii) that he sold it in the same state as he purchased it: provided that such a defence shall be open to the vendor only if he has submitted to the food inspector or the local authority a copy of the warranty with a written notice stating that he intends to rely on it and specifying the name and address of the person from whom he received it, and had also sent a like notice of his intention to that person: ·1 provided further that the warranty given by a person resident in any area in which this act is not in force, shall be a defence to the vendor only if the vendor proves to the satisfaction of the court that he had taken reasonable steps to ascertain and did in fact believe in, the accuracy of the statement contained in the warranty (3) any :person by whom a warranty as is referred to in subsection (2), is alleged to have been given shall be entitled to appear at the pearing and give evidence coldizanceand trialot oftences 210 (1) no prosecution for an offence under this act shall be instituted except by, or with the written consent of, the state government or a local authority or a person authorised in this behalf by the state government or a local authority: provided that a prosecution for an offence under this act may be instituted by a purchaser referred to in section 12, if he produces in 'court a copy of the report of the public analyst along with the complaint - - - '" - 23 (1) the central government may, after consultation with the power committee and subject to the condition of previous publication, make g'ej~~l rules-government to (4) specifying the articles of food or classes of food for the =: import of which a licence is required and prescribing the form and conditions of such licence, the authority empowered to issue the same and the fees payable therefor; - - - - - (2) all rules made by the central government under this act illall, as soon as ~sible after they are made, be laid before both houses of parliament rules  1& (1) - - - - power of the state (2) in particular, and without prejudice to the generality of the ~:!~~-foregoing power, such rules maymake - - - - - (b) prescribe the forms of ittences for the manufacture for sale, for the storage, for the sale and for the distribution of ar-,1elia ,ef~' or ;an, s,ecrifled article -ef fbod or elass of articles of food, the form of applieatlon -fat such licences, the condition - subject to which such licences may be issued, the authority ern  powered to issue the same and the fees payable therefor; - " - - -  a billnrther to amend the prevention of food adulteration act, 1954--  (dr sushila nayar, minister of health) 