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
[(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.