21. Magistrate’s power to impose enhanced penalties —
Notwithstanding anything contained in section 29 of the Code of Criminal Procedure, 1973 (2 of 1974), it shall be lawful for any Metropolitan Magistrate or any Judicial Magistrate of the first class to pass any sentence authorised by this Act, except a sentence of imprisonment for life or for a term exceeding six years, in excess of his powers under the said section.
22. Protection of action taken in good faith —
No suit, prosecution or other legal proceedings shall lie against any person for anything which is in good faith done or intended to be done under this Act.
22A. Power of Central Government to give directions —
The Central Government may give such directions as it may deem necessary to a State Government regarding the carrying into execution of all or any of the provisions of this Act and the State Government shall comply with such directions.
23. Power of the Central Government to make rules —
(1) The Central Government may, after consultation with the Committee and after previous publication by notification in the Official Gazette, make rules to carry out the provisions of this Act:
Provided that consultation with the Committee may be dispensed with if the Central Government is of the opinion that circumstances have arisen which render it necessary to make rules without such consultation, but, in such a case, the Committee shall be consulted within six months of the making of the rules and the Central Government shall take into consideration any suggestions which the Committee may make in relation to the amendment of the said rules.
(1A) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely :—
(a) specifying the articles of food or classes of food for the import of which a licence is required and prescribing the form and conditions of such licence, the authority empowered to issue the same the fees payable therefor, the deposit of any sum as security for the performance of the conditions of the licence and the circumstances under which such licence or security may be cancelled or forfeited;
(b) defining the standards of quality for, and fixing the limits of variability permissible in respect of, any article of food;
(c) laying down special provisions for imposing rigorous control over the production, distribution and sale of any article or class of articles of food which the Central Government may, by notification in the Official Gazette, specify in this behalf including registration of the premises where they are manufactured, maintenance of the premises in a sanitary condition and maintenance of the healthy state of human beings associated with the production, distribution and sale of such article or class of articles;
(d) restricting the packing and labelling of any article of food and the design of any such package or label with a view to preventing the public or the purchaser being deceived or misled as to the character, quality or quantity of the article or to preventing adulteration;
(e) defining the qualifications, powers and duties of food inspectors and public analyst;
(ee) defining the laboratories where samples of articles of food or adulterants may be analysed by public analysts under this Act;
(f) prohibiting the sale of defining the conditions of sale of any substance which may be injurious to health when used as food or restricting in any manner its use as an ingredient in the manufacture of any article of food or regulating by the issue of licences the manufacture or sale of any article of food;
(g) defining the conditions of sale or conditions for licence of sale of any article of food in the interest of public health;
(h) specifying the manner in which containers for samples of food purchased for analysis shall be sealed up or fastened up;
(hh) defining the methods of analysis;
(i) specifying a list of permissible preservatives, other than common salt and sugar, which alone shall be used in preserved fruits, vegetables or their products or any other article of food as well as the maximum amounts of each preservative;
(j) specifying the colouring matter and the maximum quantities thereof which may be used in any article of food;
(k) providing for the exemption from this Act or of any requirements contained therein and subject to such conditions, if any, as may be specified, of any article or class of articles of food;
(l) prohibiting or regulating the manufacture, transport or sale of any article known to be used as an adulterant of food;
(m) prohibiting or regulating—
(i) the addition of any water, or other diluent or adulterant to any article of food;
(iii) the sale of any article of food to which such addition or from which such abstraction has been made or which has been otherwise artificially treated;
(iv) the mixing of two or more articles of food which are similar in nature or appearance;
(n) providing for the destruction of such articles of food as are not in accordance with the provisions of this Act or of the rules made thereunder.
24. Power of the State Government to make rules —
(1) The State Government may, after consultation with the Committee and subject to the condition of previous publication, make rules for the purpose of giving effect to the provisions of this Act in matters not falling within the purview of section 23.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may—
(a) define the powers and duties of the Food (Health) Authority, local authority and Local (Health) Authority under this Act ;
(b) prescribe the forms of licences for the manufacture for sale, for the storage, for the sale and for the distribution of articles of food or any specified article of food or class of articles of food, the form of application for such licences, the conditions subject to which such licences may be issued, the authority empowered to issue the same, the fees payable therefor, the deposit of any sum as security for the performance of the conditions of the licences and the circumstances under which such licences or security may be suspended, cancelled or forfeited;
(c) direct a fee to be paid for analysing any article of food or for any matter for which a fee may be prescribed under this Act;
(d) direct that the whole or any part of the fines imposed under this Act shall be paid to a local authority on realisation;
(e) provide for the delegation of the powers and functions conferred by this Act on the State Government or the Food (Health) Authority to subordinate authorities or to local authorities.
(3) All rules made by the State Governments under this Act, shall, as soon as possible after they are made, be laid before the respective State Legislatures.
25. Repeal and Saving —
(1) If, immediately before the commencement of this Act, there is in force in any State to which this Act extends any law corresponding to this Act, that corresponding law shall upon such commencement stand repealed.
(2) Notwithstanding the repeal by this Act of any corresponding law, all rules, regulations and bye-laws relating to the prevention of adulteration of food, made under such corresponding law and in force immediately before the commencement of this Act shall except where and so far as they are inconsistent with or repugnant to the provisions of this Act, continue in force until altered, amended or repealed by rules made under this Act.
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