Print View

The Pure Food Ordinance, 1959 (East Pakistan Ordinance)

( Ordinance NO. LXVIII OF 1959 )

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

অধ্যায় এর নাম IV

INSPECTION AND SEIZURE OF FOOD

Authorisation of persons and appointment of Inspectors
34. (1) The Government may, by general or special order in this behalf, authorise any person to exercise all or any of the powers conferred by this Chapter.
 
 
 
 
(2) The Government, or a local authority with the approval of the Government may, by general or special order in this behalf, appoint any person to be an Inspector for the purposes of this Ordinance.
 
 
 
 
(3) No person shall be appointed an Inspector under sub-section (2) -
 
 
 
 
(a) if he is directly or indirectly engaged in any trade or business connected with the manufacture or sale of any article of food, and
 
 
 
 
(b) unless he possesses on the date of his appointment such qualifications as may be prescribed.
 
 
 
 
(4) A person authorised, or an Inspector appointed, under this section shall be deemed to be a person authorised under section 29.
Right to enter premises
35. (1) A person authorised, or an Inspector appointed, under section 34 shall, on producing, if so required, such
 
 
authenticated proof of his authority as may be prescribed, have the right to enter any premises at any hour of the day or night excluding the hours between midnight and day break-
 
 
 
 
(a) for the purpose of ascertaining whether there has been, on or in connection with such premises any contravention of any of the provisions of this Ordinance, the rules or the bye-laws;
 
 
 
 
(b) generally for giving effect to the provisions of this Ordinance, the rules and the bye-laws:
 
 
 
 
Provided that entry into any premises used solely as a private dwelling-house shall not be demanded as of right unless at least three hours' notice of the intended entry has been given to the occupier of such premises.
 
 
 
 
(2) No person shall resist or obstruct any entry made under sub-section (1).
 
 
 
 
(3) In this section, the expression ÔÇÿpremises' includes 1[any catering establishment] lands, buildings, vehicles, tents, vans, structures of any kind, streams, lakes, sea-shore, drains, ditches or places open, covered or enclosed, whether built on or not, and whether public or private, and whether natural or artificial, and whether maintained or not under statutory authority, and any vessel lying in any river, harbour or other water not being a port declared under the Ports Act, 1908.
Production of books, vouchers and accounts
36. A person authorised, or an Inspector appointed, under section 34 may by written notice require any person carrying on the trade or business in, or manufacturing or selling, any article of food, to produce before him for inspection all books, vouchers, accounts and other documents relating to such trade, business, manufacture or sale and every person on whom such notice is served shall comply with such requisition.
Power to seize food believed to be adulterated
37. (1) A person authorised, or an Inspector appointed, under section 34 may, at any time of the day or night excluding the hours between midnight and daybreak, inspect and examine-
 
 
 
 
(a) any living thing intended for human food which is, for the purposes of sale, in transit or at any place of delivery or storage or is in any manner for sale,
 
 
(b) any other food which has been, or is in the process of being, manufactured or is, for the purposes of sale, in transit or at any place of delivery or storage or is in any manner for sale,
 
 
 
 
(c) any ingredient used or kept for use, or any substance capable of being used, in the manufacture of such food, and
 
 
 
 
(d) any container used in connection with the manufacture or sale of such food.
 
 
 
 
(2) No person shall resist or obstruct any inspection or examination made under sub-section (1).
 
 
 
 
(3) If such person or Inspector making an inspection or examination under sub-section (1) has reason to believe that any living thing intended for human food or any other article of food, or any ingredient or substance inspected or examined under that sub-section is unsound, unwholesome or unfit for human food or is adulterated, or that any container used in connection with the manufacture or sale of such food is of such kind or in such state as to render any food manufactured or contained therein unwholesome or unfit for human food, he may seize such living thing or other article of food, ingredient or substance or such container.
 
 
 
 
Explanation.- (1) Meat subjected to the process of blowing shall be deemed to be unfit for human food.
 
 
 
 
(2) A container made of any corrodable metal or material, notified in this behalf by the Government as dangerous to health, which is used for the preparation of liquid tea for sale shall be deemed to be of the kind referred to in this sub-section.
 
 
 
 
(4) No person shall resist or obstruct any seizure made under sub-section (3).
 
 
 
 
(5) When any article, ingredient or substance which is believed to be adulterated is seized under sub-section (3), the person or Inspector seizing it shall forthwith separate therefrom such sample thereof as is reasonably requisite for division and disposal under the provisions of section 30, and shall thereupon divide and dispose of such sample in the manner provided in that section.
 
 
(6) When any living thing or other article of food, or any ingredient, substance or container is seized under sub-section (3), the person or Inspector seizing it may-
 
 
 
 
(a) remove such living thing or other article of food or such ingredient or substance and any container thereof, or
 
 
 
 
(b) instead of removing it place it in such safe custody as he thinks fit after marking and sealing it in the prescribed manner whenever possible,
 
 
 
 
in order that it may be dealt with under the provision of section 38 or section 39, as the case may be.
 
 
 
 
(7) No person shall resist or obstruct any removal made under clause (a) of sub-section (6) and no person shall remove any living thing or other article of food, or any ingredient, substance or container from the custody in which it is placed under clause (b) of sub-section (6), or interfere or temper with it while in such custody.
Destruction of living things, etc., seized under section 37
38. (1) When any living thing or other article of food, or any ingredient, substance or container is seized under sub-section (3) of section 37, it may, with the written consent (witnessed by two other persons) of the owner or the person in whose possession it was found, be forthwith destroyed.
 
 
 
 
(2) If such consent be not obtained, then if the article, ingredient or substance so seized is of a perishable nature and is in the opinion of the Inspector or the person authorised under section 34, unsound, unwholesome or unfit for human food, it may likewise be destroyed.
 
 
 
 
(3) The expenses incurred in taking any action under sub-section (1) or sub-section (2) shall be realised as public demand from the person in whose possession such living thing or other article of food, ingredient or substance was at the time of its seizure.
Disposal of articles of food, ingredients, substances and containers seized
39. (1) A person authorised, or an Inspector appointed, under section 34 who seizes any living thing or other article of food, or any ingredient, substance or container under sub-section (3) of section 37 shall, when such living thing or other article of food, ingredient, substance or container is not
 
 
destroyed in pursuance of the provisions of section 38, inform the person from whose possession it is seized that it will be produced before a Magistrate, and shall produce it before a Magistrate as soon as may be after such seizure.
 
 
 
 
(2) Whether or not any complaint is made under the Pakistan Penal Code or under this Ordinance, if the Magistrate before whom a living thing or other article of food, or any ingredient, substance or container is produced under sub-section (1) considers, after taking such evidence as he may think necessary, that -
 
 
 
 
(a) such living thing or other article of food, ingredient or substance is unsound, unwholesome or unfit for human food or is adulterated, or
 
 
 
 
(b) such container has been used for the manufacture or containing, for the purposes of sale, of any adulterated article, ingredient or substance or has rendered any food manufactured or contained therein unwholesome or unfit for human food,
 
 
 
 
he shall cause such living thing or other article, ingredient, substance or container to be forfeited to the local authority for the local area in which the seizure took place, and the local authority shall forthwith cause such living thing or other article, ingredient, substance or container to be destroyed or otherwise disposed of in such manner as to prevent it being used for human consumption or for the manufacture or containing, for the purposes of sale, of any article, ingredient or substance, as the case may be.
 
 
 
 
(3) The Magistrate shall further direct that the cost of the forfeiture, destruction or disposal ordered under sub-section (2) shall be paid by the person from whose possession the living thing or other article of food, ingredient, substance or container was seized, and such cost shall be realised from that person as though it were a fine imposed under this Ordinance.
 
 
 
 
(4) If, after taking the evidence referred to in sub-section (2), the Magistrate considers that-
 
 
 
 
(a) any living thing or other article, or any ingredient or substance, produced before him is not unsound, unwholesome or unfit for human food or is not adulterated, or
 
 
(b) any container produced before him has not been used for the manufacture or containing, for the purposes of sale, of any adulterated article of food, ingredient or substance or has not rendered any food manufactured or contained therein unwholesome or unfit for human food,
 
 
 
 
he may direct that such living thing or other article, ingredient, substance or container, as the case may be, shall be restored to the person from whose possession it was seized, and may further direct that the local authority for the local area in which the seizure took place shall pay to that person such sum as the Magistrate may fix by way of compensation for any deterioration in the value of such living thing or other article, ingredient, substance or container resulting from its seizure or removal.
 
 

  • 1
    The words “any catering establishment” were inserted by section 7 of the Bangladesh Pure Food (Amendment) Act, 2005 (Act No. XXVII of 2005)
Copyright © 2019, Legislative and Parliamentary Affairs Division
Ministry of Law, Justice and Parliamentary Affairs