The Pure Food Ordinance, 1959 (East Pakistan Ordinance)

( Ordinance NO. LXVIII OF 1959 )

[ 14th October, 1959 ]

এই আইনটি নিরাপদ খাদ্য আইন, ২০১৩ (২০১৩ সনের ৪৩ নং আইন) দ্বারা রহিত করা হইয়াছে।

Chapter V

MISCELLANEOUS

Institution of prosecution

40. (1) Subject to the remaining provisions of this section, a prosecution shall be instituted under this Ordinance by a local authority or by any person upon receipt from a public analyst of a certificate, in the form provided in the Schedule, specifying that any sample of any article of food, ingredient or substance sent to him for analysis or examination is adulterated.

(2) No prosecution for any offence under this Ordinance shall be instituted except-

(a) upon complaint by an individual (other than an Inspector appointed under section 34) who purchased any article of food and received the certificate referred to in sub-section (1) from a public analyst; or

¹[(b) upon the order in writing-

(i) in the case where the offence is committed within a City Corporation or a Paurashava, the Mayor or Commissioner of the City Corporation, or the Chairman or Commissioner of the Paurashava, respectively;

(ii) in outside area of a City Corporation or a Paurashava, by the authorised officer of the Local Government Division, Ministry of Local Government, Rural Development and Co-operatives;] or

(c) upon complaint by an Inspector appointed under section 34 and authorised by the Director of Health Services or the local authority which appointed him as the case may be, by general or special order in this behalf.

(3) An individual (other than an Inspector appointed under section 34) who purchases any article of food and receives the certificate referred to in sub-section (1) from a public analyst may either institute a prosecution for any offence under this Ordinance himself or report the matter to the local authority within whose jurisdiction the offence is committed and thereupon such local authority shall order a prosecution for such offence or authorise an Inspector appointed under section 34 or direct Inspector authorised by a general order under clause (c) of sub-section (2) to institute such a prosecution and the Inspector when so authorised or directed shall institute the prosecution.

(4) No prosecution under this Ordinance, which is instituted more than sixty days after the receipt of the certificate referred to in sub-section (1), or more than thirty days after the date of an order given under clause (b) of sub-section (2), shall be maintainable unless the Magistrate is satisfied that, having regard to the circumstances of the particular case, the prosecution could not have been instituted earlier.

Establishment of pure Food Court, its power and Jurisdiction

²[41. (1) The Government may, by notification in the official Gazette, establish one or more Pure Food Court, as it considers necessary, in each district and metropolitan area for the purpose of this Ordinance.

(2) The Court shall consist of an officer who is vested with the power of a Magistrate of the first class and who shall have to impose any sentence provided in this act.

(3) The Government may specify, by notification in the official Gazette, the territorial jurisdiction of each Court.

Cognizance of Offences

41A. Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (Act No. V of 1898) no Court shall take cognizance of any offence punishable under this Ordinance except upon a complaint in writing, made by a Public Analyst or an Inspector or a person authorised by the Government.

Place and Procedure of trial

41B. Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (Act V of 1898)-

(a) an offence punishable under this Ordinance may be tried at any place within the local jurisdiction of the Pure Food Court;

(b) an offence punishable under this Ordinance may be tried summarily in accordance with, as far as possible, the provisions laid down in chapter XXII of the said Code.

Appeal

41C. An appeal against the judgment of a Pure Food Court shall lie to the Sessions Judge or to the Metropolitan Sessions Judge, within 30 (Thirty) days as the case may be.]

Certain persons to be deemed to be public servants

42. Every person authorised under section 29 or section 34, and every Inspector appointed under section 34, shall be deemed to be a public servant within the meaning of section 21 of the ³[* * *] Penal Code.

Indemnity

43. No suit, prosecution or legal proceeding whatever shall lie against any person in respect of anything which is in good faith done or intended to be done under this Ordinance, the rules or the bye-laws.

Penalties

44. Whoever contravenes any provision of this Ordinance mentioned in the first column of the following table shall be punished, for the first offence, with a fine not less than that mentioned in the third column and not exceeding that mentioned in the fourth column of the said table, and for a second or subsequent offence of the same kind with punishment not less than that mentioned in the fifth column and not exceeding that mentioned in the sixth column of that table.

Explanation.- The entries in the second column of the following table, headed “subject”, are not intended as definitions of the offences described in the provisions mentioned in the first column, or even as abstracts of those provisions, but are inserted merely as references to the subject thereof.

⁴[Provisions of the Ordinance	Definition of the Offence	Fine or imprisonment which may be imposed for a first offence		Both fine and imprisonment which may be imposed for a second or subsequent offence
		Minimum	Maximum	Minimum	Maximum
1	2	3	4	5	6
Section 6(1)	Manufacture or sale of food which is adulterated or sale of food which is not of proper nature, substance or quality.	Taka five thousand or rigorous imprisonment which may extend to six months or both.	Taka fifty thousand or rigorous imprisonment which may extend to one year or both.	Taka fifty thousand or rigorous imprisonment which may extend to three years or both.	Taka two lakhs and rigorous imprisonment for three years as well as forfeiture of shop or factory including machineries to the Government or to the local authority.
Section 6A	Prohibition of sale or use of formalin, intoxicated food color etc.	Taka five thousand or rigorous imprisonment which may extend to six months or both.	Taka fifty thousand or rigorous imprisonment which may extend to one year or both.	Taka fifty thousand or rigorous imprisonment which may extend to three years or both.	Taka two lakhs and rigorous imprisonment for three years as well as forfeiture of shop or factory including machineries to the Government or to the local authority.

Provisions of the Ordinance	Definition of the Offence	Fine or imprisonment which may be imposed for a first offence		Both fine and imprisonment which may be imposed for a second or subsequent offence
		Minimum	Maximum	Minimum	Maximum
1	2	3	4	5	6
Sections 7 to 13	Manufacture or sale of food not of proper standard or purity.	Taka five thousand or rigorous imprisonment which may extend to six months or both.	Taka fifty thousand or rigorous imprisonment which may extend to one year or both.	Taka fifty thousand or rigorous imprisonment which may extend to three years or both.	Taka two lakhs and rigorous imprisonment for three years as well as forfeiture of shop or factory including machineries to the Government or to the local authority.
Section 14(a)	Manufacture or sale of anything resembling any article of food notified under sections 7 or specified in section 8, 9, 10, 11, 12 and 13.	Taka two thousand five hundred or rigorous imprisonment which may extend to six months or both.	Taka twenty five thousand or rigorous imprisonment which may extend to one year or both.	Taka twenty five thousand or rigorous imprisonment which may extend to two years or both.	Taka one lakh and rigorous imprisonment for three years as well as forfeiture of shop or factory including machineries to the Government or to the local authority.
Section 14(b)	Manufacture or sale of food containing any article of food not of proper standard or purity.	Taka five thousand or rigorous imprisonment which may extend to six months or both.	Taka fifty thousand or rigorous imprisonment which may extend to one year or both.	Taka fifty thousand or rigorous imprisonment which may extend to two years or both.	Taka two lakhs and rigorous imprisonment for two years as well as forfeiture of shop or factory including machineries to the Government or to the local authority.

Section 16(1)	Keeping or permitting the keeping of adulterants in place where food is manufactured or sold.	Taka five thousand or rigorous imprisonment which may extend to six months or both.	Taka fifty thousand or rigorous imprisonment which may extend to one year or both.	Taka fifty thousand or rigorous imprisonment which may extend to two years or both.	Taka two lakhs and rigorous imprisonment for two years as well as forfeiture of shop or factory including machineries to the Government or to the local authority.
Section 16(4)	Keeping of white oil except in accordance with a prescribed license.	Ditto	Ditto	Ditto	Ditto
Section 17(1)	Sale of diseased animal or unwholesome food.	Taka five thousand or rigorous imprisonment which may extend to three months or both.	Taka fifty thousand or rigorous imprisonment which may extend to one year or both.	Taka one lakh or rigorous imprisonment which may extend to two years or both.	Taka two lakhs fifty thousand and rigorous imprisonment for two years or both.
Section 18(1)	Use of false label	Taka five thousand or rigorous imprisonment which may extend to one year or both.	Taka fifty thousand or rigorous imprisonment which may extend to two years or both.	Taka one lakh or rigorous imprisonment which may extend to three months or both.	Taka two lakhs and rigorous imprisonment for two years as well as forfeiture of shop or factory including machineries to the Government or to the local authority.
Section 19(1)	Publication of false advertisement.	Ditto	Ditto	Ditto	Ditto
Section 20(3)	Giving of false warranty.	Taka ten thousand or rigorous imprisonment which may extend to six months or both.	Taka fifty thousand or rigorous imprisonment which may extend to one year or both.	Taka one lakh or rigorous imprisonment for one year or both.	Taka two lakhs and rigorous imprisonment for two years.

Provisions of the Ordinance	Definition of the Offence	Fine or imprisonment which may be imposed for a first offence		Both fine and imprisonment which may be imposed for a second or subsequent offence
		Minimum	Maximum	Minimum	Maximum
1	2	3	4	5	6
Sections 21 (1) and 21 (2)	Use of unregistered premises, failure to register premises or failure to renew registration.	Taka five thousand or rigorous imprisonment which may extend to six months or both.	Taka fifty thousand or rigorous imprisonment which may extend to one year or both.	Taka one lakh or rigorous imprisonment which may extend to one year or both.	Taka two lakhs and rigorous imprisonment for two years.
Section 21(4)	Use of unregistered premises, failure to register premises or failure to renew registration.	Taka five thousand or rigorous imprisonment which may extend to six months or both.	Taka fifty thousand or rigorous imprisonment which may extend to one year or both.	Taka one lakh or rigorous imprisonment which may extend to one year or both.	Taka two lakhs and rigorous imprisonment for two years.
Section 22	Failure to display name and address.	Taka fifty thousand or rigorous imprisonment which may extend to three months or both.	Taka fifty thousand or rigorous imprisonment which may extend to six months or both.	Taka twenty five thousand or rigorous imprisonment which may extend to one year.	Taka fifty thousand or rigorous imprisonment for one year.
Section 23	Failure to keep in covered receptacles.	Ditto	Ditto	Ditto	Ditto
Section 24	Failure to keep in proper condition premises or part of premises or articles or persons employed therein.	Ditto	Ditto	Ditto	Ditto

Section 25	Manufacturing, selling or touching food when suffering from leprosy, tuberculosis or any other notified diseases.	Taka five thousand or rigorous imprisonment which may extend to six months or both.	Taka fifty thousand or rigorous imprisonment which may extend to one year or both.	Taka fifty thousand or rigorous imprisonment which may extend to one year or both.	Taka two lakhs and rigorous imprisonment for two years.
Section 29(2)	Refusal to sell or surrender samples of food for analysis of examination.	Taka ten thousand or rigorous imprisonment which may extend to six months or both.	Taka fifty thousand or rigorous imprisonment which may extend to one year or both.	Taka fifty thousand and rigorous imprisonment which may extend to one year or both.	Taka two lakhs and rigorous imprisonment for two years.
Section 29(3)	Refusal to sign a declaration.	Ditto	Ditto	Ditto	Ditto
Section 35(2)	Resisting or obstructing entry of authorised person or inspector.	Ditto	Taka seventy five thousand or rigorous imprisonment which may extend to one year or both.	Taka one lakh or rigorous imprisonment which may extend to one year or both.	Taka three lakhs and rigorous imprisonment for three years.
Section 36	Refusal to comply with requisition to produce books, vouchers, accounts and other documents.	Ditto	Ditto	Ditto	Ditto
Section 37(2)(4)	Resisting or obstructing inspection, examination or seizure by authorised person or inspector.	Ditto	Ditto	Ditto	Ditto

Provisions of the Ordinance	Definition of the Offence	Fine or imprisonment which may be imposed for a first offence		Both fine and imprisonment which may be imposed for a second or subsequent offence
		Minimum	Maximum	Minimum	Maximum
1	2	3	4	5	6
Section 37(7)	Resisting or obstructing removal authorised person or inspector or removing, interfering or tampering with article, ingredient, substance or container seized and placed in safe custody.	Taka ten thousand or rigorous imprisonment which may extend to six months or both.	Taka seventy five thousand or rigorous imprisonment which may extend to one year or both.	Taka one lakh or rigorous imprisonment which may extend to one year or both.	Taka three lakhs and rigorous imprisonment for three years.]

Credit of fines Recovered

⁵[44A. All fines recovered under this Ordinance shall be credited as criminal fines within the limits of the Court under whose jurisdiction the offence was committed.]

Award of costs

45. If, in any prosecution under this Ordinance, the Court imposes any penalty provided in this Ordinance, it shall also direct the person upon whom such penalty is imposed to pay to the individual who has made the complaint under sub-section (3) of section 40 or to the local authority concerned such sum towards the costs of the prosecution (including the cost of any analysis or examination made under this Ordinance) as the Court may think reasonable and such sum shall be realised from that person as though it was a fine imposed under this Ordinance.

Power of Government to suspend performance of duties and exercise of powers by local authorities

46. (1) If, in the opinion of the Government, a local authority has shown its incompetence to perform, or has persistently made default in the performance of, any duty imposed, or has exceeded or abused any power conferred, upon it by or under this Ordinance, and such incompetence, default, excess or abuse is to the detriment of the general interests of the consumers of food in the local area within the jurisdiction of such authority, the Government may, by notification in the official Gazette and after affording the local authority an opportunity of being heard, suspend the performance or exercise by the local authority of that duty or power, as the case may be, for such period as may be specified in the notification, and shall thereupon take such action as it thinks fit for the performance of that duty or the exercise of that power.

(2) The cost of any action taken by the Government under sub-section (1) shall be paid from the funds of the local authority concerned.

Inconsistency or conflict of provisions of this Ordinance with provisions of other Acts

47. (1) If, in any area in which this Ordinance is in force, any provision of this Ordinance is inconsistent with any provision of any other Act which is in operation in such area, the provisions of the other Act in their application to such area shall to the extent of the inconsistency be void and the provisions of this Ordinance shall prevail.

(2) If any difficulty arises owing to the conflict of any provision of this Ordinance with any provision of any other Act, the Government may by order do anything or authorise any matter or thing to be done which may be necessary to remove such difficulty or to give effect to the provisions of this Ordinance.

Bye-laws to be subject to confirmation by the Government

48. (1) No bye-law made by any local authority under this Ordinance shall take effect unless and until it is submitted to and confirmed by the Government.

(2) Such bye-laws shall not be confirmed-

(i) unless one month at least before the making of the application, notice of the intention to apply for confirmation has been given in one or more of the local newspapers circulated within the local area to which such bye-laws relate or if there be no such newspapers then in such manner as the local authority concerned may direct, and

(ii) unless for one month at least before such application a copy of the proposed bye-laws has been kept at the office of the local authority concerned and has been opened during office hours thereof to the inspection of the inhabitants of the local area to which such bye-laws relate without fee.

⁶[(3) Printed copies of such draft, bye-laws shall be supplied by the local authority to any person requiring the same on payment of taka five for every hundred words contained in the copy.]

(4) Before confirming any bye-law, the Government may modify it.

(5) The Government may rescind any bye-law which it has confirmed and thereafter the bye-law shall cease to have effect.

Power of Government to make rules

49. (1) The Government may, subject to the condition of previous publication, make rules for carrying out the purposes of this Ordinance.

(2) In particular, and without prejudice to the generality of the foregoing power, the Government may make rules to provide for all or any of the following matters:-

(i) the qualifications, salary and conditions of appointment of public analysts appointed under section 4;

(ii) the normal constituents and the values of the chemical and physical constants of any article of food referred to in clause (a) of sub-section (1) of section 5 and the deficiencies in, or additions to, any article of food which are to raise the presumption that such article is adulterated referred to in clause (b) of that sub-section;

(iii) for the purposes of sections 7 to 13, the manner in which containers of skimmed, condensed, sterilized or desiccated milk shall be labelled and marked, the proportion of the constituents of milk to be contained in skimmed, condensed, sterilised or desiccated milk, the proportion of water that may be contained in butter, and the conditions to be fulfilled in the case of ghee (that is to say, clarified milk fat), wheat, flour (that is to say, maida, atta or suji), mustard or rape seed oil and any other article of food notified under section 7;

(iv) the form, manner and conditions of licence under sub-section (4) of section 16;

(v) the manner in which, and the date by which, premises shall be registered under section 21, the manner in which, and the date by which, renewal of such registration shall be effected, the fee payable for such registration and renewal, the manner and form in which applications for registration and renewal thereof shall be made, the manner of maintaining records of registrations and renewals, and the form of such record;

(vi) the form in which records of the despatch and destination of consignments shall be maintained under sub-section (4) of section 21;

(vii) the fee payable under section 28 for the analysis or examination of any article of food;

(viii) the form of the declaration to be signed under sub-section (3) of section 29, the manner in which applications may be made for payment under sub-section (5) of that section and the cases in which payment is to be made by the Government or by the local authority;

(ix) the manner in which the parts of samples shall be marked, sealed or fastened after division under clause (2) of section 30;

(x) the form of the statements to be submitted under section 33;

(xi) the qualifications to be possessed by persons for appointment as Inspectors referred to in clause (b) of sub-section (3) of section 34;

(xii) the authenticated proof of authority to be produced under sub-section (1) of section 35; and

(xiii) the manner in which anything seized under section 37 shall be marked and sealed before placing it in safe custody referred to in clause (b) of sub-section (6) of that section.

¹
Clause (b) was substituted by section 8 of the Bangladesh Pure Food (Amendment) Act, 2005 (Act No. XXVII of 2005)
²
Sections 41, 41A, 41B and 41C were substituted for former section 41 by section 9 of the Bangladesh Pure Food (Amendment) Act, 2005 (Act No. XXVII of 2005)
³
The word “Pakistan” was omitted by Article 6 of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President’s Order No. 48 of 1972)
⁴
The Table and the entries were substituted by section 10 of the Bangladesh Pure Food (Amendment) Act, 2005 (Act No. XXVII of 2005)
⁵
Section 44A was inserted by section 11 of the Bangladesh Pure Food (Amendment) Act, 2005 (Act No. XXVII of 2005)
⁶
Sub-section (3) was substituted by section 12 of the Bangladesh Pure Food (Amendment) Act, 2005 (Act No. XXVII of 2005)

Ministry of Law, Justice and Parliamentary Affairs