Section 7 in Punjab Prevention of Food Adulteration Rules, 2004
7. Licences. [Section 24(2)(b)].
(1)Any person if desires to manufacture, exhibit sale, sell or distribute any article of food in respect of which a licence is required under rules 48-A to 50 of the Central Rules, shall apply for grant or renewal of licence, as the case may, in form 'A' to these rules to the Licensing Authority specified in rule 6 together with the fees as specified in Appendix 'A' appended to these rules together with a security of Rs. Two thousand for Licences whose Licence fee is of Rs. Five thousand or above and Rs. One thousand for Licences whose Licence fees is of Rs. Two thousand to Rs. Four thousand nine hundred and ninety nine and Rs. Five hundred of licences whose licence fee is of Rs. One thousand nine hundred and ninety nine or less than four thousand nine hundred and ninety nine. This deposit will be as security for performance of the conditions of the licence. The manufacturer of any article of food desiring to have a licence shall also produce the analysis report of water being used and the product or products to be manufactured from Public Analyst of the State indicating that those are fit for human consumption and conform to the prescribed standards;(2)The applicant shall furnish in the requisite application the detailed information regarding the location of the business premises, names of the local areas of the business premises which are intended for the manufacture for sale, for the storage, for the sale or for distribution of any article of food. The application shall be accompanied by the documentary evidence showing the possession of the premises, signed sketch showing the details of the premises, a copy of notice of nomination given in Form-VIII of the Central Rules and also a Medical Certificate duly signed by any Registered Medical Practitioner of himself or other persons engaged by him in the activities for which licence is applied for :-Provided that the itinerant venders, hawkers temporary stall holders, handcarts and motor vehicle or van holders or caterers shall submit two recent passport size photographs alongwith the application for licence for affixing one on the licence to be duly signed by the Licensing Authority and the other copy to be retained by the Licensing Authority for record, the name of the Motor Vehicle, Make and Model, Registration number of Registering Authority and attested photocopy of the Registration should also be submitted.Note :- "itinerant vender" means a person who goes from place to place for selling food.(3)On the receipt of application under sub-rule (2) the Licensing Authority shall inspect or cause to be inspected the applicant's premises, hand carts or motor vehicle or van as the case may be and if the Licensing Authority is satisfied that the conditions for sale as specified in the rule 49 of the Central Rules and the conditions of licence as provided in the rule 50 of the Central Rules are satisfied and the premises or handcart of the hawker or van are adequate, suitable, capable of maintaining hygienic conditions and free from sanitary defects, the water used or to be used is from the Municipal tap or any source approved by the Licensing Authority, the Licensing Authority shall grant the applicant a licence in Form-B to these rules or renew the same as the case may be. The Licensing Authority may suggest such alterations and additions on the premises, hand cart, van or motor vehicle as may be necessary in his opinion in the interest of Public Health.(4)Licence granted or renewed under these rules, unless suspended or cancelled, shall be valid up to 31st of March of the year following the year in which it is granted or renewed, as the case may be :Provided that if the application for renewal of the licence is made before the date of expiry of the licence together with fees as specified in Appendix 'A' appended to these rules or where such application is made after the date of expiry but within a period of six calendar months from the date of such expiry together with fees specified in the said Appendix 'A' and appropriate amount of additional fees, if any, the licence shall be treated in force until orders are passed on the applications :Provided further that one application in Form-A to these rules giving particulars for different establishments or premises and nominees may be made to the Licensing Authority, alongwith fees as specified in Appendix 'A' appended to these rules for each establishment if different establishments or premises are situated in the same local area within the jurisdiction of the same Licensing Authority.(5)The Licence shall be abide by the provisions of the Act and the rules made thereunder and the conditions of the Licence granted to him. The Licensing Authority may suspend or cancel the licence or forfeit the security deposit for breach of any of the provisions of the Act or rules made thereunder or the conditions of the licence.(6)Where the Licensing Authority intends to refuse to grant or renew a licence or intends to suspend or cancel any licence or forfeit the security deposit, it shall before passing such order in that behalf require the applicant or the licencee as the case may be, to show cause, within a specified period of time, as to why such orders should not be made. If the applicant or licensee fails to show cause, within the specified period of time or shows a cause which in the opinion of the Licensing Authority is not satisfactory, the Licensing Authority shall make a speaking order accordingly.(7)Any person, aggrieved by the order of the Licensing Authority made under sub-rule (6), may within a period of thirty days from the date of receipt of the orders by him, appeal to the Food (Health) Authority. The memorandum of the Appeal shall be accompanied by a copy of the order against which the appeal is filed. The memorandum of appeal shall clearly state the ground or grounds on which the appeal is filed.(8)Any person aggrieved by the order of the Food (Health) Authority, made under sub-rule (7), may within a period of thirty days from the date of the receipt of the order file a second appeal before the Secretary to Government Punjab, Health and Family Welfare Department, stating the ground or grounds on which the second appeal is filed. The decision of the Government in this regard shall be final and binding.(9)The holder of the licence shall neither be entitled to any compensation for cancellation or suspension of licence nor to a refund of any fee paid in respect thereof.(10)Where at any time, a licence granted or renewed under these rules is lost, destroyed or defaced and an application is made by the licensee for issue of a duplicate licence alongwith the proof of payment of fee, specified in Appendix 'A' appended to these rules for grant of licence, the Licensing Authority shall issue a duplicate licence in Form 'B' appended to these rules, which shall be clearly stamped as "Duplicate" in Red Ink and shall be marked with the date of issue.(11)The fee for the grant of duplicate licence shall be Rs. Fifty.
