N o proceed
-ings to be
instituted
more than
three months
after the
offence.
Power of
Local
Government
to make
rules.
41
REPORT OF THE KING INSTITUTE, GUINDY
18. No prosecution under this Act shall be instituted except on the complaint of the
purchaser or with the consent in writing of the local executive officer.
Institution of
proceedings
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 preparation
of the same shall for the purposes of this Act raise a presumption until the contrary
is 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, with--
out prejudice to the generality of the power hereby given, for the prevention of the
manufacture or preparation for sale, the exposure for sale, or hawking about, or the sale of
articles of food, which 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, manufactured, prepared or exposed for sale, hawked about or sold.
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.
SCHEDULE.
Form of Certificate.
* Here insert the name of the person submitting the
article for analysis.
† Here insert the name of the person delivering the
sample. If the sample is received by post or by
railway, entry should be made accordingly.
‡ When the article cannot be conveniently weighed, this
passage may be erased or the blank may be left unfilled.
§ Here the analyst may insert at his discretion his opinion
as to whether the mixture (if any) was for the purpose
of rendering the article potable or palatable, or of pre--
serving it, or of improving the appearance, or was un--
avoidable, and may state whether in excess of what is
ordinary or otherwise, and whether the ingredients or
materials mixed are or not injurious to health.
To*
I, the undersigned, public analyst for the
, do
hereby certify that I received on the
day of
19
from †
a sample of
for analysis (which then weighed
analysed the same and declare the result of my analysis
to be as follows:—
I am of opinion that the same is a sample of genuine
or
I am of opinion that the said sample contained the
parts as under, or the percentages of foreign ingredients
as under :
--
§ Observations.
Signed this
day of
19 .
A.B.
at
In the case of a certificate regarding milk, butter, ghee
or any article liable to decomposition, the analyst shall
specially report whether any change had taken place in
the constitution of the article that would interfere with
the analysis.
N. E. MARJORIBANKS,
Acting Secy. to Govt., L. M. (Legislative) Dept.