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Prevention of Food Adulteration Act,1954 Section 8

Title: Public Analysts

State: Central

Year: 1954

1 [8. Public analysts The Central Government or the State Government may, by notification in the Official Gazette, appoint such persons as it thinks fit, having the prescribed qualifications to be public analysts for such local areas as may be assigned to them by the Central Government or the State Government, as the case may be: Provided that no person who has any financial interest in the manufacture, import or sale of any article of food shall be appointed to be a public analyst under this section: 2 [Provided further that different public analysts may be appointed for different articles of food.] ______________________ 1. Substituted by Act 49 of 1964, sec. 5, for sections 8 and 9 (w.e.f. 1-3-1965). 2. Inserted by Act 34 of 1976, sec 7(w.e.f. 1-4-1976).

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Prevention of Food Adulteration Act,1954 Section 13

Title: Report of Public Analyst

State: Central

Year: 1954

.....sub-section (3), or any document purportingto be a certificate signed by the Director of the Central Food Laboratory, maybe used as evidence of the facts stated therein in any proceeding under thisAct or under sections 272 to276 of the Indian Penal Code (45 of 1860): 3 [Providedthat any document purporting to be a certificate signed by the Director of theCentral Food Laboratory [not being a certificate with respect to the analysisof the part of the sample of any article of food referred to in the proviso to sub-section(1A) of section 16] shall be final and conclusiveevidence of the facts stated therein.] 4 [Explanation: In this section, and in clause (f)of sub-section (1) of section16, "Director of theCentral Food Laboratory" shall include the officer forthe time being in charge of any food laboratory (by whatever designation he isknown) recognised by the Central Government for the purposes of this section.] ____________________ 1. Substituted by Act 34 of 1976,sec. 10, for sub-section (1) and (2) (w.e.f. 1-4-1976). 2. Substituted by Act 34 of 1976, sec. 10, for "under sub-section (2)" (w.e.f.1-4-1976). 3.Substituted by Act 34 of 1976, sec. 10, for proviso (w.e.f......

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The Prevention of Food Adulteration Act, 1954 Complete Act

State: Central

Year: 1954

THE PREVENTION OF FOOD ADULTERATION ACT, 1954 THE PREVENTION OF FOOD ADULTERATION ACT, 1954 (37 of 1954) [Act as on Date - Modified up to 1995] [29th September 1954] An Act to make provision for the prevention of adulteration of food. (1) This Act may be called The prevention of Food Adulteration Act, 1954. (2) It extends to the whole of India a*[..................]. (3) It shall come into force on such date b*[ ]as the Central Government may, by notification in the Official Gazette, appoint. [a] Words "except the State of Jammu and Kashmir" omitted by the Prevention of Food Adulteration (Amendment) Act, 1971 (41 of 1971), section 2 (26-1-1972). [b] 1st June 1955" S.R.O.1085, dated 9th May, 1955, published in Gaz.of Ind., 21-5-1955, Pt.II, S.3, p.874. In this Act, unless the context otherwise requires,- a* [ (i) "adulterant" means any material which is or could be employed for the purposes of adulteration; ] a*[(ia)] "adulterated" " an article of food shall be deemed to be adulterated- (a) if the article sold by a vendor is a not of the nature, substance or quality demanded by the purchaser and is to his prejudice, or is not of the.....

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Prevention of Food Adulteration Act,1954 Section 11

Title: Procedure to Be Allowed by Food Inspectors

State: Central

Year: 1954

.....ofsection 10 and produced before him is apparently of a kind whichmay be emplyed for purposes of adulteration and for the possession of which themanufacturer, distributor or dealer, as the case may be, is unable to accountsatisfactorily, he may order it to be forfeited to the Central Government,the State Government or the local authority, as the case may be.] (6) 8 [If itappears to the magistrate that any such-- (a)article of foods is not adulterated; or (b)adulterant which is purported to be an adulterant is not an adulterant, thepeson from whose possession the article of food or adulterant was taken shall beentitled to have it restored to him and it shall bein the discretion of the magistrate to award such person from such fund as theState Government may direct in this behalf, such compensation not exceeding theactual loss which he has sustained as the magistrate may think proper. ______________________ 1.Substituted by Act 34 of 1976 sec. 9, for sub-sections (1) and (2) (w.e.f.1-4-1976). 2.Inserted by Act 34 of 1976, sec. 9 (w.e.f. 1-4-1976). 3.Substituted by Act 34 of 1976, sec. 9, for certain words (w.e.f.1-4-1976). 4.Substituted by Act 34 of 1976, sec. 9,.....

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Prevention of Food Adulteration Act,1954 Section 10

Title: Powers of Food Inspectors

State: Central

Year: 1954

.....the previous approval of the authority to which he isofficially subordinate.] (7) Wherethe food inspector takes any action under clause (a) of sub-section(1), sub-section(2), sub-section(4),or sub-section (6), he shall 10 [call one or more personsto be present at the time when such action is taken and take his ortheir signatures. 11 [(7A) Whereany books of account or other documents are seizedunder sub-section (6), the food inspector shall,within a period not exceeding thirty days from the date of seizure, return thesame to the person from whom they were seized after copies thereof or extractsthere from as certified by that person in such manner as may be prescribed havebeen taken: Providedthat where such person refuses to so certify, and a prosecution has beeninstituted against him under this Act, such books of account or otherdocuments shall be returned to him only after copies thereofor extracts there from as certified by the court have been taken. (7B) Whenany adulterant is seized under sub-section (6), theburden of proving that such adulterant is not meant for purposes ofadulteration shall be on the person from whose possession suchadulterant was seized.] (8) Any.....

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Prevention of Food Adulteration Act,1954 Section 12

Title: Purchaser May Have Food Analysed

State: Central

Year: 1954

.....of article of foodor recognised consumer association who or which intends] to have such articleso analysed, as they apply to a food inspector who takes a sample of food foranalysis: Providedalso that if the report of the public analyst shows that the article of foodis adulterated, the 2 [purchaser or recognised consumer association shall beentitled to get refund of the fees paid by him or it] under this section. 3 [Explanation:For the purposes of this section andsection 20, 'recognised consumer association' means avoluntary consumer association registered under the Companies Act, 1956 (1 of 1956), orunder any other law for the time being in force.] ______________________ 1.Inserted by Act 70 of 1986, sec. 2 (w.e.f. 1-5-1987). 2.Substituted by Act 70 of 1986, sec. 2 (w.e.f. 1-5-1987). 3.Added by Act 70 of 1986, sec. 2 (w.e.f. 1-5-1987).

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Code of Criminal Procedure, 1898 Complete Act

State: Central

Year: 1898

.....(2) of Section 5, for the words 'but subject to any enactment', substitute the words 'but, save as otherwise provided by this Code, subject to any enactment'. [W.B. Act 8 of 1970, Section 3 and Sch., item 2]. (1) All offences under the Indian Penal Code shall be investigated, inquired into, tried and otherwise dealt with according to the provisions hereinafter contained. Trial of offences against other laws (2) All offences under any other law shall be investigated, inquired into, tried, and otherwise dealt with according to the same provisions, but subject to any enactment for the time being in force regulating the manner or place of investigating, inquiring into, trying or otherwise dealing with such offences. PART 2 CONSTITUTION AND POWERS OF CRIMINAL COURTS AND OFFICES: CHAPTER 2: OF THE CONSTITUTION OF CRIMINAL COURTS AND OFFICES: SECTION 6: Glasses of Criminal Courts: Besides the High Courts and the Courts constituted under any law other than this Code for the time being in force, there shall be five classes of Criminal Courts in [India], namely,- : State Amendments GUJARAT.-In its application to the State of Gujarat the amendment made in Section 6 is the.....

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Prevention of Food Adulteration Act,1954 Complete Act

Title: Prevention of Food Adulteration Act,1954

State: Central

Year: 1954

.....of certain articles of food Section6 - Application of law relating to sea customs and powers of customs officers Section7 - Prohibitions of manufacture, sale, etc., of certain articles of food Section8 - Public analysts Section9 - Food inspectors Section10 - Powers of food inspectors Section11 - Procedure to be allowed by food inspectors Section12 - Purchaser may have food analysed Section13 - Report of public analyst Section14 - Manufacturers, distributors and dealers to give warranty Section14A - Vendor to disclose the name, etc., of the person from whom the article of food was purchased Section15 - Notification of food poisoning Section16 - Penalties Section16A - Power of court to try cases summarily Section17 - Offences by companies Section18 - Forfeiture of property Section19 - Defences which may or may not be allowed in prosecutions under this Act Section20 - Cognizance and trial of offences Section20A - Power of court to implead manufacturer, etc. Section20AA - Application of the Probation of Offenders Act, 1958 and section 360 of the Code of Criminal Procedure, 1973 Section21 - Magistrate's power to impose enhanced penalties Section22 - Protection.....

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Handlooms (Reservation of Articles for Production) Rules 1986 Complete Act

State: Central

Year: 1986

.....from any person, he may take assistance from the local police station for carrying out his duties to search and seizure. (9) The provisions of this rule shall be in addition to and not in derogation of the provisions of the Code of Criminal Procedure, 1973 (2 of 1974), relating to searches and seizures. RULE 05: DISPOSAL OF FORFEITED ARTICLES The article or class of articles forfeited to the Central Government under Section 10of the Act shall be sold only through the following channels of sales, namely :- (a) cooperative outlets; (b) fair price shops affiliated to National Cooperative Consumers' Federation; (c) fair price shops opened by the Central Government or State Government or Handicrafts and Handloom Corporations or Apex Emporia:6"provided that the authorised officer shall hold a meeting of the Evaluation Committee comprising of representatives of the aforesaid agencies for evaluation and disposal of the forfeited goods through them: provided further that." Central Bare Acts

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Prevention of Food Adulteration Act,1954 Section 16

Title: Penalties

State: Central

Year: 1954

.....may extend to term of life and with fine which sh all not be less than five thousand rupees.] ( 1 C) If any person contravenes the provisions of section 14 of section 14 A, he sh all be punishable with imprisonment for a term which may extend to six months and with fine which sh all not be less than five hundred rupees. ( 1 D) If any person convicted of an offence under this Act commits a like offence afterwards, then, without prejudice to the provisions of sub -section ( 2 ), the court, before which the second or sub sequent conviction takes place, may ord er the cancellation of the licence, if any, granted to hi m under this Act and thereupon such licence sh all, notwithstanding anything contained in this Act, or in the rules made thereunder, stand cancelled. ( 2) If any person convicted of an offence under this Act commits a like offence afterwards it shall be lawful for the court before which the second or subsequent conviction takes place to cause the offender's name and place of residence, the offence and the penalty imposed to be published at the offender's expense in such newspapers or in such other manner as the court may direct. The expenses of such publication.....

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