The Rajasthan Prevention Of Food Adulteration Rules, 1957

[28 March 1957]

Published vide Notification No. F. 16.A. (4) MH./53. dated 28-3-1957. Published in Rajasthan Gazette Part 4-C. Ordinary dated 25-4-1957.

In exercise of powers conferred by Section 24 of the Prevention of Food Adulteration Act, 1954 (Cen. Act 37 of 1954), after consultation with the Committee and previous publication, the State Government hereby makes the following rules, namely:-

Rule - 1. Short title & commencement :-

(1)     These rules may be called the Rajasthan Prevention of Food Adulteration Rules, 1957.

(2)     They shall come into force on the date of their publication in the Rajasthan Gazette.

Rule - 2. Definitions :-

In the rules, unless the context otherwise requires: -

(a)      "Act" means the Prevention of Food Adulteration Act, 1954, (37 of 1954);

(b)      "Assistant Director of Health Services" means an officer appointed as such by the State Government:

(c)      "Deputy Director of Health Services" means an officer appointed as such by the State Government:

(d)      "Form" means a Form appended to these rules.

Rule - 3. Local Authority :-

In the case of a local area or a part of it which is not covered by a municipality, a cantonment or a notified area, the Assistant Director of Health Services shall be the local authority under the Act within his jurisdiction.

Rule - 4. Power and jurisdiction of food (Health) Authority :-

Food (Health) Authority shall exercise the following powers.-

(1)     The Food (Health) Authority shall ensure the proper working of the Act and shall take such steps as he may deem necessary from time to time for efficient and proper working of the provisions of the Act.

(2)     The Food (Health) Authority shall also exercise an overall control on the working of the Food Inspectors and will ensure that Local Authorities have the adequate staff of Food Inspectors for efficient working of the Act.

(3)     The Food (Health) Authority may recommend for a adoption by the Local Authority such measures as may be necessary for carrying out the purposes of the Act in any local area and the local authority concerned shall be bound to implement such recommendations.

(4)     The Food (Health) Authority may delegate in writing all or any of his powers under the Act to any local authority or any other officer by name or by virtue of his office.

(5)     The Food (Health) Authority, shall also be empowered to -

(a)      act as "Food Inspector" under the provisions of the Act for the whole of the State:

(b)      authorise the Deputy Director or an Assistant Director of Health Services to act as Food Inspectors in such area and for such period as he may prescribe from time to time.

(6)     Appeals on decisions made by the local authority on matters relating to these rules within its powers shall be made to the Food (Health) Authority and appeals on decisions made by the Food (Health) Authority shall lie with the State Government whose decision shall be final.

(7)     [If in the opinion of the Food (Health) Authority, any local Authority is making default in performing or is unable to perform its duties satisfactorily under the Act, the Food (Health) Authority, after sanction of the State Government may arrange for the proper implementation of the provisions of the. Act in the area of such local authority.]

Rule - 5. Provision regarding licence when to apply :-

The provisions contained in these rules regarding licences form of application for licences and fee therefor, shall apply only in respect of any article for which a licence is necessary under rules made by the Central Government under the Act, regulating by issue of licences, the manufacture for sale, the storage, the sale and distribution of that article, and the work "Licence" shall be construed accordingly.

Rule - 6. Application for licences its clauses & fees :-

(a)      There shall be following 3 classes of licences: -

(i)       Class I licences shall be required by a person who manufactures, sells, stocks, distributes or exhibits for sale any articles for which a licence is required, in any fixed premises and who pays tax on the income earned in the business in respect of such article.

(ii)      Class II licence shall be required by a person who manufactures, sells, stocks, distributes or exhibits for sale any article for which a licence is required: in any fixed premises but does not have to pay any tax on the income earned in the business in respect of such article.

(iii)     Class III licence shall be required by a person who sells, distributes or exhibits for sale any article in respect of which a licence is required, from door to door and not on any fixed premises.

(b)      An application for licence shall be made in the Form A to the licensing authority and shall be accompanied by a fee of Rs. 12/ - for a licence of Class I, Rs. 6/ - for a licence of Class II and Rs. 1/ for a licence of Class III.

(c)      If the article of food for which a licence is required, is manufactured, stored or exhibited for sale at more than one place, then a separate application shall be be made and a separate licence shall be issued in respect of each such place:

Provided that for only one of such licences, a fee as prescribed in sub-rule (b) shall be charged and a fee of Rs. 3/ - for each licence for other remaining places shall be charged].

Rule - 7. Form of licence :-

A licence, if issued shall e in Form B.

Rule - 8. Conditions of licence :-

Every licence shall be deemed to be subject to the following conditions in so far as they are applicable to if: -

(1)     The licence shall be valid for full calendar year provided the licensing authority can at any time cancel, suspend or modify the licence without assigning any reason therefor.

(2)     Every licensee [Class I] shall maintain an account of stocks and sales in a register in Form "C" and the particulars entered therein shall be full and true.

(3)     Every licensee [Class I] for the manufacture or sale of butter, ghee, hydrogenated vegetable oils, edible oils and other oils or fats shall maintain a register in Form ’D’ and the particulars entered therein shall be full and true.

(4)     Inspection of the registers maintained under sub-rules (1) and (2) shall be allowed at all reasonable times to the Food Inspector, having jurisdiction, the licensing authority and persons authorised by the licensing authority in this behalf.

Rule - 9. Fees :-

Fees for the analysis by the public analyst of samples of food submitted by private purchasers or local authorities under the Act shall be charged as follows:-

Rule - 10. Allotment of fines :-

Fines realised under the Act shall be credited to the funds of the local authority within whose local area the offence was committed.

Rule - 11. Health Officer :-

Any officer empowered under Section 2 of the Epidemic Diseases Act, 1897 (Central Act, III 1897), for the time being in-charge of a local area shall be the Health Officer for the purposes of Section 10(1) (c) of the Act.

Rule - 12. Supersession :-

All rules corresponding to these rules, if any, in force in the Abu, Ajmer and Sunel areas shall stand superseded.