ORDER
Arun Mishra, J.
1. Learned Single Judge has made a reference in this revision. Following question has been referred for consideration in the Division Bench:-
Whether the 'Food Inspector' Shri S.C. Gupta, could function as a Food Inspector in local area of Mandideep in absence of a notification assigning him the local area of Mandideep ?
Learned Single Judge has referred the matter for consideration of the aforesaid question in the backdrop of the fact that it was contended on behalf of the accused that there was no notification issued by the State Govt. assigning the area of Mandideep to Shri S.C. Gupta, hence he could not function as Food Inspector in the local area of Mandideep. Reliance was placed upon Section 9(1) of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as 'the Act of 1954').
2. Learned Single Judge has observed that it is necessary to issue notification to assign the local area to Food Inspector so that any person is free to verify whether his appointment is good and he has the prescribed qualifications as per rules made in this behalf in accordance with Section 2(xii) of the Act of 1954. Secondly, Food Inspector has drastic powers under Sections 10 and 11 of the Act and this power can be exercised only by the Food Inspector and not by a private person. If his name is not notified in the Official Gazette, it would not be known to be concerned person in advance that person claiming to be a Food Inspector is really appointed as such. Therefore, Parliament has required the publication of his name in the Official Gazette by the concerned Govt. A Food Inspector can function in a local area under the Act and consequently it is necessary that the local area should be assigned to him in the notification. Though, apparently a Food Inspector may appear to be comparatively low salaried officer, but he exercises drastic powers under Sections 10 and 11 of the Act of 1954. Local area in which he has to operate should be known to the public at large. If an obstruction is caused to the Food Inspector that is also punishable, minimum sentence has already been prescribed of six months which may extend to three years with fine. Learned Single Judge has considered the question involved is likely to affect appointment of food inspectors in the entire State. Therefore, a reference has been made. Matter was directed to be placed before my Lord the Chief Justice to constitute the Bench of two or more Judges for considering the question arising out of this criminal revision. Hon'ble the Chief Justice has referred the matter to the Division Bench, hence, this matter has travelled to us.
3. Shri S.C. Datt, learned Sr. Counsel appearing with Shri Siddharth Datt for petitioner, has submitted that it is necessary that notification issued under Section 9 of the Act of 1954 should specify the local area also in which Food Inspector has to operate. He has alternatively submitted that under the Rules called M.P. Prevention of Food Adulteration Rules, 1962 (hereinafter referred to as 'the Rules of 1962'); powers and duties of local authority have been specifically dealt with in Rule 4 and powers and duties of food (health) authority are dealt with in Rule 3 of the Rules of 1962. He has contended that as per Sub-rule (3) of Rule 4 the local Authority may appoint persons in such number as it thinks fit, having qualifications prescribed under the Central Rules, to be Food Inspectors for the purpose of this Act. The notification (Annexure E), dated 7-8-86 authorizing Shri S.C. Gupta to work as Food Inspector in entire District of Raisen which has been issued by Local (Health) Authority and Deputy Director, Food & Drugs Administration, District Raisen under the orders of Controller, Food and Drugs Administration and State Food (Health) Authority can not be taken to be an authority conferred by local authority. He has further submitted that local authority is Municipality or Municipal Board or Municipal Corporation as per notification dated 19th August, 1958 which is quoted below:-
The Madhya Pradesh Government, vide Notification No. 2/1/2655-VII/H, dated 19th August, 1958 and Notification No. 5492/XVII/H, dated 18th October, 1958, in conformity with Section 2(viii) of the Prevention of Food Adulteration Act, 1954 (37 of 1954) have declared the 'local area' and the 'local authority' for that local area as under:-
(1) The Municipal Board or Municipal Corporation is 'local authority' for Municipality.
(2) The Cantonment Authority is 'local authority' for Cantonment.
(3) The Notified Area Committee is 'local authority' for a notified area.
(4) Janapada Sabhas are 'local authorities' for Janapada.
(5) Collectors of districts are 'local authorities' for the areas within the jurisdiction of the Panchayats within the district.
Relying upon the aforesaid Notification Shri S.C. Datt, learned Sr. Counsel for petitioner, has further submitted that in view of Rules 3 and 4 of the Rules, 1962, it is clear that the order (Annexure E) 7-8-86 authorizing Shri S.C. Gupta to work as Food Inspector is illegal. What he has precisely submitted is that Local (Health) Authority is different than the local authority when in the Rules it has been provided that local authority can authorize Food Inspector to work in particular area; it was required to be done by Municipal Council Mandideep not by Local (Health) Authority. He has further submitted that Division Bench in Shri Prasad v. State of M.P. 2004(1) M.P.H.T. 362 : 2004(1) MPLJ 572, while answering the similar reference, has failed to consider the distinction between local authority and Local (Health) Authority. Local authority has been defined in Section 2(viii) and Local (Health) Authority has been defined under Section 2(viii)(a) of the Act of 1954.
4. Shri R.S. Patel, learned AAG for the respondent, has submitted that exactly the similar question has been answered by Division Bench of this Court. Division Bench has held that Food Inspector can work under the orders issued by Local (Health) Authority; it is not necessary to issue notification by the State Govt. in the gazette prescribing the local area in which particular Food Inspector has to work. Reliance has also been placed on Single Bench's decision of this Court in Mohan Singh v. State of Madhya Pradesh 1995 MPLJ 62, in which it has been opined that the Government Notification prescribing District Family Planning and Health Officer or Civil Surgeon as Local Authority is valid and such an authority can exercise the power of Local Authority.
5. In order to appreciate the submission of Shri S.C. Datt, learned Sr. Counsel for the petitioner, it is necessary to consider the provisions of the Act of 1954. Section 2(vi) of the Act of 1954 defines Food (Health) Authority which means the Director of Medical and Health Services or the Chief Officer in charge of Health Administration in a State, by whatever designation he is known, and includes any Officer empowered by the Central Government or the State Government, by Notification in the Official Gazette, to exercise the powers and perform the duties of the Food (Health) Authority under this Act with respect to such local area as may be specified in the notification, aforesaid definition was substituted by Act 34 of 1976 w.e.f. 1- 4-1976. 'Local area' has been defined in Section 2(vii) to mean any area, whether urban or rural declared by notification in the Official Gazette, to be a local area for the purposes of this Act. 'Local Authority' has been defined in Section 2(viii) in the case of a local area which is a municipality, the Municipal Board or Municipal Corporation; a cantonment, the cantonment authority; a local area which is a notified area, the notified area committee; any other local area, shall be such authority as may be prescribed by the Central Govt. or the State Govt.
'Local (Health) Authority', in relation to a local area, means the Officer appointed by the Central Government or the State Government, by notification in the Official Gazette, to be in charge of Health Administration in such area with such designation as may be specified therein. The definitions of Food (Health) Authority, local area, local authority and Local (Health) Authority contained in Sections 2(vi), 2(vii), 2(viii) and 2(viii)(a) of the Act of 1954 are quoted below:-
2. (vi) 'Food (Health) Authority' means the Director of Medical and Health Services or the Chief Officer in charge of Health Administration in a State, by whatever designation he is known, and includes any officer empowered by the Central Government or the State Government, by notification in the Official Gazette, to exercise the powers and perform the duties of the Food (Health) Authority under this Act with respect to such local are as may be specified in the notification;
(vii) 'local area' means an area, whether urban or rural, declared by [Subs. By Prevention of Food Adulteration (Amendment) Act, 1964(49 of 1964), Section 2 (w.e.f. 1-3-1965)(the Central Government or the State Government) by Notification in the Official Gazette, to be a local area for the purposes of this Act;
(viii) 'local authority' means in the case of-
(1) a local area which is-
(a) a municipality, the Municipal Board or Municipal Corporation;
(b) a cantonment, the cantonment authority;
(c) a notified area, the notified area committee;
(2) any other local area, such authority, as may be prescribed by Subs. By Prevention of Food Adulteration (Amendment) Act, 1964 (49 of 1964), Section 2 (w.e.f. 1-3-1965)(the Central Government or the State Government) under this Act;
(viii-a) 'Local (Health) Authority', in relation to a local area, means the officer appointed by the Central Government or the State Government, by notification in the Official Gazette, to be in charge of Health Administration in such area with such designation as may be specified therein;
Another provision on which reliance has been placed by Shri S.C. Datt, learned Sr. Counsel for the petitioner, is Section 9. Section 9 of the Act of 1954 reads thus:-
9. Food Inspectors. (1) 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 food inspectors 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 food inspector under this section.(2) Every Food Inspector shall be deemed to be a public servant within the meaning of Section 21 of the Indian Penal Code (45 of 1860) and shall be officially subordinate to such authority as the Government appointing him, may specify in this behalf.
Relying upon the aforesaid Section 9, it is contended by Shri S.C. Datt, learned Sr. Counsel appearing for the petitioner that not only the notification is required for appointment as Food Inspector but local area as may be assigned to him should also be notified.
6. The Rules 3 and 4 of the Rules of 1962 on which reliance has been placed are quoted below:-
3. Food (Health) Authority and its powers and duties. (1) The Director of Health Services, Madhya Pradesh (being the Chief Officer in charge of the Health Administration in the State of Madhya Pradesh) shall be the Food (Health) Authority (hereinafter referred to as the 'Authority').
(2) The Authority shall be responsible for the general superintendence of the administration and enforcement of the Act.
(3) The Authority shall for giving effect to the provisions of the Act; have control over the Pubic health Laboratories maintained by the State Government and local authorities and the Public Analyst and Food Inspectors appointed; under the Act.
(4) The Authority may given to a local authority all such directions as it may consider necessary in regard to any matter connected with the enforcement of the Act; and the rules made thereunder and the local authority shall comply with such directions.
(5) The Authority wherever called; upon to do so shall advice the State Government or the Local Authority, as the case may be, in matters relating to the administration and enforcement of the Act.
4. Powers and duties of Local Authority. (1) Subject to the provisions of Rule 3, the Local Authority shall be responsible for the proper day to day administration and enforcement of the Act within its jurisdiction.
(2) The Local Authority shall appoint a Health Officer or Health Officers for the purposes of the Act, having jurisdiction over the whole or part of its area as it may specify.
(3) The Local Authority may appoint persons in such number as it thinks fit, having qualifications prescribed under the Central Rules, to be Food Inspectors for the purposes of this Act, they shall exercise powers within such local areas as it may assign to them, with the approval of the Authority.
(4) The Local Authority shall appoint such Officers as it thinks fit to be licensing within its jurisdiction for the purposes of Clause (b) of Sub-section (2) of Section 24 of the Act.
7. As per notifications which has been placed on record, the M.P. Govt. vide Notification dated 19th August, 1958 has declared the local areas in presence of Clause (vii) of Section 2 of the Act of 1954. Aforesaid notification is quoted below:
Prevention of Food Adulteration Rules
Appendix A
Notifications under the Prevention of Food Adulteration Act
Madhya Pradesh Government
Bhopal, dated the 19th August, 1958
Notification No. 2441/1655, XVII-V. In pursuance of Clause (vii) of Section 2 of the Prevention of Food Adulteration Act, 1954 (No. 37 of 1954), and in supersession of all previous notifications issued in this behalf, the State Government hereby declares.
(i) the areas comprised within the limits, of all Municipalities, Municipal Corporations, Cantonments, Notified Areas, Town Areas, Janapads and areas within the jurisdiction of Panchayats constituted, declared or established, under the Act relating to local authorities in force in the various regions of the States; and
(ii) Railway premises including railway stations and colonies, to be 'Local areas' for the purposes of the said Act.
8. State has issued a Notification on 15th July, 1988 authorizing Shri Rajan S. Katoch, Controller, Food & Drugs Administration, M.P. Bhopal, to be the Food (Health) Authority for entire Madhya Pradesh.
9. It is also apparent from order (Annexure E) that Dr. G.P. Mokhale has been appointed as Local (Health) Authority and Deputy Director, Food and Drugs Administration for District Raisen and in turn in capacity of Local (Health) Authority, he has appointed Shri S.C. Gupta, Food Inspector to be Food Inspector for the entire Revenue District of Raisen including the Municipal areas and other local authorities. Shri S.C. Gupta was appointed and his name was notified in the Official Gazette, dated 9th August, 1991; Gazette Notification (Annexure H) is on record wherein the name of Shri S.C. Gupta finds place at serial No. 164. Thus, from the aforesaid notification it is clear that State Govt. has issued notifications with respect to the local area and Local Authority. It has also not been disputed on facts that Shri G.P. Mokhale was appointed as Local (Health) Authority. The Rules were framed in the year 1962. The functions of Local Authority and Local (Health) Authority have not been separately defined in the Act of 1954. In Section 11(4) Food Inspector has to send one of the part of the sample collected to it. Local (Health) Authority has been defined in Section 2 (viii-a), Local (Health) Authority in relation to a local area is to be in charge of Health Administration in such area with such designation as may be specified therein.
10. In our opinion, it is not necessary as per the aforesaid provisions that assigning of area to Food Inspector is required to be published in the Official Gazette; what is necessary that his appointment as Food Inspector should have been notified which has been notified in the instant case and local area has also been notified in the Official Gazette. It is not necessary to issue gazette notification; whenever any area which is already a local area as defined in Section 2(vii) of the Act of 1954 that a fresh notification should be issued by the State Govt. in the Official Gazette. This interpretation is further fortified by reading of Sub-rule (3) of Rule 4 of the Rules of 1962. It is apparent from the afore quoted Rule 4(3) that the Local Authority may appoint persons in such number as it thinks fit, having qualifications prescribed under the Central Rules, to be Food Inspectors for the purposes of this Act,, notification under Section 9 of Act is not necessary. It is nowhere necessary that their appointment has to be notified by the Local Authority in the official gazette. What is the function of the Local Authority has also been assigned to the Local (Health) Authority by virtue of insertion by Act 34 of 1976 of Section 2 (viii-a) w.e.f. 1-4-76, thus, Local (Health) Authority can exercise all the powers as it is to be in charge of Health Administration in such area. Thus, in our opinion, it is not necessary to issue a notification under Section 9 of the Act whenever a Food Inspector is posted at any particular area that he is to be the Food Inspector for that particular area, no such notification is required with respect to the individual concerned, it can be done by an order issued by Local Authority or Local (Health) Authority. Similar view has been taken by Single Bench of this Court in Mohan Singh v. State of M.P., wherein notification issued by the District Family Planning and Health Officer under Rule 4(3) of the Rules of 1962 was considered; it was held that status of Food Inspector can be conferred by District Family Planning & Health Officer, Food Inspector and Notification issued by CMO under Rule 4(3) of the State Rules empowering the Sanitary Inspector to work as Food Inspector was held to be proper. This Court in Mohan Singh's case has opined thus:-
11. Normally whenever, a word is defined in a statute and that word occurs in the succeeding sections, the meaning given in the definition clause must be applied in construing the sections concerned. However, if in the subject or context of a particular section, it appears that there is something different or repugnant so that the definition can not be fitted in, the Court is at liberty to construe the word occurring in the section in a manner in which it has not been defined and to give it the ordinary meaning or some other meaning opposite to the context or the subject. The ordinary meaning of the word 'prescribe' is 'lay down or impose authoritatively'. Section 2(viii) which deals with the definition of 'Local Authority' is in two parts. In the first part, the statute itself locates the Local Authority in relation to Municipality, Cantonment or Notified Area. In the second part, it is stated that Local Authority in any other local area is such authority as may be prescribed by the Government under the Act. If rules are required to prescribe Local Authority in such cases also the exercise will become too rigid since rules are required to be laid before the State Legislature. Such a rigid meaning for the word 'prescribe' is not indicated by the context of the definition of 'Local Authority. Therefore, the Government Notification prescribing District Family Planning and Health Officer or Civil Surgeon (redesignated as Chief Medical Officer) as Local Authority has to be regarded as a valid prescription though it is not made by way of rules. That being so, Ex. P-4 notification issued by the District Family Planning and Health Officer and Ex. P-5 notification issued by Chief Medical Officer constitute valid appointment empowering P.W. 3 to act as Food Inspector.
11. Division Bench of this Court in Shri Prasad v. State of M.P. has also considered the similar question and has approved the view taken in Mohan Singh's case (supra) and has upheld similar order issued by Local (Health) Authority and Deputy Director, Food & Drugs Administration, Jabalpur, authorizing certain incumbents to act as food Inspector for whole of the District of Jabalpur to exercise the power under the Act of 1954 and the Rules framed thereunder. The Notification which came for consideration and the consideration made by the Division Bench is thus:-
14. The specific language of Section 9(1) suggests that the creation of a post of a Food Inspector has to be with reference to a local area and thus, the term 'Food Inspector' would itself mean a Food Inspector appointed for a particular local area. A conjoint reading of Section 9(1), Section 10(1) and Sub-section (2) which have been quoted above would certainly bring out a position that a Food Inspector can operate for the purposes of taking samples of the food articles in the local area for which he is appointed. Section 10(1)(b) makes a specific reference as to the power of the Food Inspector to send a sample for analysis to the Public Analyst, who is a public analyst for the local area within which such sample has been taken. Sections 9 and 10 of the Act can not be read in isolation and it will have to be deducted wherever there is a reference to the term 'Food Inspector' it has only to be meant as a Food Inspector appointed for a particular local area. Sub-sections (1) and (2) of Section 10 of the Act specifically refer to the power of the Food Inspector to obtain the samples of the food articles from the persons selling such articles or the persons who are dealing with such articles or a consignee. Sub-section (2) of Section 10 of the Act specifically empowers the Food Inspector to enter and inspect any place where any article of food is manufactured or stored for sale, or stored for the manufacture of any other article of food for sale or any such place which a Food Inspector suspects to be storing any adulterant. A clear cut reference to the term 'Food Inspector' and 'Local Area' in these provisions would clearly bring out a position that the Food Inspector may do all these duties only in respect of the 'local area' for which he is appointed. Even in Form No. VI, which is required to be passed to the seller of food article under Rule 12 as also Form No. VII which is a Memorandum to the Public Analyst, the Food Inspector is expected to mention his area. This would sufficiently show that the Food Inspector is integrally connected with the local area and the concept of a Food Inspector can not be accepted without there being a corresponding local area in his case.
17. In the present case the Deputy Director, Food and Drugs Administration, namely, Chief Medical Officer, who is Local Health Authority, has issued an order on 1-9-1993 which reads as under:-
OFFICE OF THE DY. DIRECTOR FOOD AND DRUGS
ADMINISTRATION LOCAL HEALTH AUTHORITY AND
CHIEF MEDICAL OFFICER (CIVIL SURGEON),
JABALPUR (M.P.)
Jabalpur, dated 1-9-1983