No proceedings to be
instituted more than three
months after the offence.
Power of Local Govern
-ment to make rules.
8
REPORT OF THE PUBLIC ANALYST TO GOVERNMENT
1 6 .(
1 )
E v e r y p u b l i c a n a l y s t t o w h o m a s a m p l e h a s b e e n s u b m i t t e d u n d e r t h i s A c t s h a l l
deliver to the person so submitting it a certificate in the form pre
-scribed in the schedule to this Act, or to the like effect, specifying the
result of his analysis.
(2) Any document purporting to be such certificate signed by a public analyst may
be used as evidence of the facts stated therein in any proceedings under this Act or under
sections 272 to 276 of the Indian Penal Code :
Provided that any court before which a case under this Act may be pending, whether
exercising original, appellate or revisional jurisdiction, may in its discretion, at the request
either of the accused or of the complainant, cause any article of food to be sent for analysis
to the Chemical Examiner to Government or to any public analyst designated for the purpose
by the Local Government, who shall thereupon analyse the same and report the result of
such analysis to the said court : and the expense of such analysis shall be paid by the accused
or the complainant, as the court may by order direct.
1 7 .T
h i r d - c l a s s m a g i s t r a t e s s h a l l n o t t r y a n y o f f e n c e u n d e r t h i s A c t u n l e s s t h e y h a v e
been generally or specially empowered in this behalf by the Local
Government.
1 8 .N
o p r o s e c u t i o n u n d e r t h i s A c t s h a l l b e i n s t i t u t e d e x c e p t o n t h e c o m p l a i n t
of the purchaser or with the consent in writing of the local executive
officer.
Public analyst's certifi
-cate.
Jurisdiction of Magis
-trates.
Institution of proceed
-ings in courts.
19. No prosecution under this Act shall be commenced after
the expiry of three months after the commission of the offence.
20. The Local Government may, after previous publication,
make rules consistent with this Act for the whole or any part of the
area to which this Act may have been extended—
(a) prescribing the classes or qualifications of persons to whom, and the conditions
on which, the local executive officer may under section 3 delegate his powers ;
(b) determining the limits within which the local executive officer may exercise his
powers whether such limits are within or without the local area in respect of which he holds
any public office ;
(c) prescribing in the interests of the public health the state in which utensils and
vessels used for manufacturing, preparing, or containing any food intended for sale shall be
kept, and prohibiting the use of utensils and vessels made, in whole or in part, of materials
likely to injure such food;
(d) prescribing the manner in which notice of any addition, admixture or deficiency
shall be given to the purchaser of any article of food ;
(e) prescribing standards of purity for milk, cream, butter, ghee, and cheese, and
determining what deficiency in any of the normal constituents of these articles or what
addition of any extraneous matter or proportion of water in any of the same or any prepara
- t i o n o f t h e s a m e s h a l l f o r t h e p u r p o s e s o f t h i s A c t r a i s e a p r e s u m p t i o n u n t i l t h e c o n t r a r y i s
proved that the milk, cream, butter, ghee or cheese is not genuine, or is injurious to health ;
And providing for fines not exceeding rupees one hundred in the case of a first offence
and rupees five hundred for every subsequent offence by way of penalty for breach of rules
made under clauses ( c) and ( d).
21. Every local authority exercising control over any local area to which this Act has
been extended may, under the provisions respecting the making of
by-laws of the Act under which such local authority is established,
make by-laws not inconsistent with this Act or rules made under the
last preceding section for all the purposes of this Act and in particular, without prejudice to
the generality of the power hereby given, for the prevention of the manufacture or prepara
- t i o n f o r s a l e , t h e e x p o s u r e f o r s a l e , o r h a w k i n g a b o u t , o r t h e s a l e o f a r t i c l e s o f f o o d , w h i c h
are adulterated or other than what they purport or are represented to be and the inspection
and the regulation of places in which such articles are kept, stored, packed, cleansed, manu
- f a c t u r e d , p r e p a r e d o r e x p o s e d f o r s a l e , h a w k e d a b o u t o r s o l d .
22.
The provisions of sections 2 to 21 of this Act shall be read as supplemental to the
Act under which the local authority concerned is constituted.
Power of local authori
-ties to make by-laws.