[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:- (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. 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. 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. 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.] 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. (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]. A
licence, if issued shall e in Form B. 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 āDā 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. 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:- (i)
For examination of atta, gur, cane, sugar and tea. Rs.
5/- (ii)
For Chemical examination of milk. Rs.
5/- (iii)
For analysis of ghee, butter and khoa. Rs.
10/- (iv)
For analysis of other articles of food. Rs.
10/- Fines realised under the Act shall
be credited to the funds of the local authority within whose local area the offence was
committed. 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. All rules corresponding to these
rules, if any, in force in the Abu, Ajmer and Sunel areas shall stand superseded.The
Rajasthan Prevention Of Food Adulteration Rules, 1957