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Union of India - Section
Section 20 in The Prevention Of Food Adulteration Act, 1954
20.
/894Statement of Objects and Reasons.-Adulteration of food-stuffs is so rampant and the evil has become so wide-spread and persistent that nothing short of a somewhat drastic remedy provided for in the Bill can hope to change the situation. Only a concerted and determined onslaught on this most anti-social behaviour can hope to bring relief to the nation. All remedies intended to be effective must be simple. I believe this Bill meets these requirements.Laws exist in a number of States in India for the prevention of adulteration of food-stuffs, but they lack uniformity, having been passed at different times without mutual consultation between States. The need for Central legislation for the whole country in this matter has been felt since 1937 when a Committee appointed by the Central Advisory Board of Health recommended the step. "Adulteration of food-stuffs and other goods" is now included in the Concurrent List in the Constitution of India. It has, therefore, become possible for the Central Government to enact all-India legislation on this subject. The Bill will replace local food adulteration laws when they exist and also apply to those States where there are no local laws on the subject. Among others, it provides for (1) a Central Food Laboratory to which food samples can be referred for final opinion in disputed cases (clause (4)), (2) a Central Committee for Food Standards consisting of representatives of Central and State Governments to advise on matters arising from the administration of the Act (clause 3), and (3) the vesting in the Central Government of the rule-making power regarding standards of quality for articles for food and certain other matters (clause 22).Amendment Act 49 of 1964-Statement of Objects and Reasons.-The 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 up 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 provincialised. The Planning Commission, while examining the problem 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, airports, customs stations and railway stations. The common practice followed by State Governments 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 made 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 carry out certain other minor amendments to remove difficulties in the administration of the Act.Amendment Act 41 of 1971-Statement of Objects and Reasons.-The Prevention of Food Adulteration Act, 1954 (37 of 1954), extends to the whole of India except the State of Jammu and Kashmir.To secure uniform application of the Act which would enable the Government of Jammu and Kashmir to prevent the sale of sub-standard or adulterated food containing substances which are harmful and poisonous and thereby protect the health of the general public, it has been decided, with the concurrence of the Government of Jammu and Kashmir, to extend the Prevention of Food Adulteration Act, 1954, to the State of Jammu and Kashmir.Amendment Act 24 of 1972-Statement of Objects and Reasons.-The State of Nagaland comprises the three districts of Tuensang, Kohima and Mokokchung. The Prevention of Food Adulteration Act, 1954 (37 of 1954) does not apply to the Kohima and Mokokchung districts, because at the time of passing of that Act, those districts formed the Naga Hills District which was mentioned in Part A of the Table below paragraph 20 of the Sixth Schedule to the Constitution. As no District Council has been constituted for the Naga Hills District, the administration of that District vested in the Governor of Assam and as under paragraph 19(1)(a) of that Schedule, where the administration of an area is vested in the Governor, no Act of Parliament could apply to that area unless the Governor by public notification so directs, the Prevention of Food Adulteration Act, 1954 (37 of 1954), did not apply proprio zvigore to the Naga Hills District. The Act, however, applies to the Tuensang District which is the same as the Naga Tribal Area originally mentioned in Part B of the Table below paragraph 20 of the Sixth Schedule to the Constitution, there being no inhibition as to the applicability of any Act of Parliament to the Part B Tribal Area.2. The Prevention of Food Adulteration Act, 1954 (37 of 1954), extends to the whole of India except the State of Jammu and Kashmir and the Districts of Kohima and Mokokchung. Legislation for the extension of the Act to the State of Jammu and Kashmir is separately being undertaken.3. To secure uniform application which would enable the Government of Nagaland to prevent the sale of adulterated and sub-standard food containing substances which are harmful and poisonous and thereby protect the health of the general public, it has been decided with the concurrence of the Government of Nagaland, to extend the Prevention of Food Adulteration Act, 1954 (37 of 1954), to the districts of Kohima and Mokokchung in the State of Nagaland. The Bill seeks to give effect to this object.Amendment Act 34 of 1976-Statement of Objects and Reasons.-Adulteration of food articles is rampant in the country and has become a grave menace to the health and well being of the community. It makes a heavy dent in the already low nutritional standards and the benefits of many public health programmes on which large sums of money are spent, are insidiously undemined. A major offensive against this evil is overdue. Keeping in view the gravity of the problem, and the growing danger which it poses to the health of the nation, it has become necessary to amend the Prevention of Food Adulteration Act, 1954 (37 of 1954), so as to plug loopholes and to provide for more stringent and effective measures with a view to curb this menace.Amendment Act 70 of 1986-Statement of Objects and Reasons.-The Prevention of Food Adulteration Act, 1954 (37 of 1954) is a consumer protection legislation, which is designed to prevent adulteration of food stuffs. The Act at present does not confer any right on recognised Consumer Associations to draw legal samples and launch prosecution where necessary.2. A purchaser of an article of food can also draw a sample of it, for analysis by the Public Analyst on payment of prescribed fee. If the report of analysis shows adulteration, he can initiate legal action in the Court. To promote Voluntary Consumer Movement in the enforcement of this Act, it is considered necessary to confer powers on Consumer Associations also to enable them to draw samples of foods stuffs for the purpose of analysis under section 12 and to initiate legal action under section 20 of the Act, if the article of food is found adulterated on analysis.3. Opportunity has been taken to explain the expression "recognised Consumer Association" under the Act, so as to mean a Voluntary Consumer Association registered under the Companies Act, 1956 or any other law for the time being in force.[29th September, 1954]An Act to make provision for the prevention of adulteration of food.Be it enacted by Parliament in the Fifth Year of the Republic of India as follows:-| The Act has been extended to Dadra and Nagar Haveli by Regulation 6 of 1963, Section 2 and Schedule I, to Pondicherry by Regulation 7 of 1963, Section 3 and Schedule I and to Goa, Daman and Diu by Regulation 11 of 1963, Section 3 and Schedule. Goa is now a State, see Act 18 of 1987, Section 3 (w.e.f. 30.5.1987). It has also been extended to Kohima and Mokokchung districts of the State of Nagaland by Act 24 of 1972, Section 2 (w.e.f. 1.4.1973); to Sikkim, see S.O. 788(E), Gazette of India, dated 27.12.1978, Pt. II, Section 3(ii) Ext., p. 1606. And enforced in Sikkim on 1.4.1979, see S.O. 154(E), Gazette of India, dated 26.3.1979, Pt. II, Section 3(ii), Ext., p. 282.2. Brought into force on 1.6.1955, see Notification No. S.R.O. 1085, dated 9.5.1955, published in the Gazette of India, Pt. II, Section 3, p. 874. |