PREVENTION OF ADULTERATION OF FOOD, DRUGS AND COSMETICS (WEST BENGAL AMENDMENT) ACT, 1973

Act No. 42 of 1973

29th April, 1974

An Act to amend the Indian Penal Code, the Code of Criminal Procedure, 1898, the Drugs and Cosmetics Act, 1940 and the Prevention of Food Adulteration Act, 1954, in their application to West Bengal. Whereas it is expedient to amend the Indian Penal Code, the Code of Criminal Procedure, 1898, the Drugs and Cosmetics Act, 1940 and the Prevention of Food Adulteration Act, 1954, in their application to West Bengal, for the purposes and in the manner hereinafter appearing; It is hereby enacted as follows:-

Read full Act

S.1 Short title

This Act may be called the Prevention of Adulteration of Food, Drugs and Cosmetics (West Bengal Amendment) Act, 1973.

S.2 Application of the Act

The Indian Penal Code, the Code of Criminal Procedure, 1898, the Drugs and Cosmetics Act, 1940 and the Prevention of Food Adulteration Act, 1954, shall, in their application to West Bengal, be amended in the manner hereinafter provided.

S.3 Amendment of Act 45 of 1860

In the Indian Penal Code,-

(i) in section 272, for the words "of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both", the words "for life with or without fine: Provided that the Court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment which is less than imprisonment for life." shall be substituted;
(ii) in section 273, for the words "of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both", the words "for life with or without fine: Provided that the Court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment which is less than imprisonment for life." shall be substituted;
(iii) in section 274, for the words "of either description for a term which may extend to six months, or with fine which may ex

S.4 Amendment of Schedule II to Act 5 of 1898

In Schedule II to the Code of Criminal Procedure, 1898, for the existing entries against sections 272, 273, 274, 275 and 276, the following entries shall be substituted in columns 2, 3, 4, 5, 6, 7 and 8, respectively, namely:-

Adulterating food or drink intended for sale, so as to make the same noxious.	May arrest without warrant	Warrant.	Not bailable.	Not compound-able.	Imprisonment for life with or without fine.	Court of Session.
Selling any food or drink as food or drink, knowing the same to be noxious.	Ditto	Ditto	Ditto	Ditto	Ditto	Ditto
Adulterating any drug or medical preparation intended for sale so as to lessen its efficacy, or to change its operation, or to make it noxious.	Ditto	Ditto	Ditto	Ditto	Ditto	Ditto
Offering for sale or issu

S.5 Amendment of Act 23 of 1940

In the Drugs and Cosmetics Act, 1940,-

(i) in sub-section (1) of section 6, after the existing proviso, the following further proviso shall be added, namely:- "Provided further that the State Government may, with the prior approval of the Central Government, direct that the functions of the Central Drugs Laboratory and the Director may be carried out in West Bengal by such Authority and such officer respectively as may be specified by the State Government by notification in the Official Gazette and any reference in this Act to the Central Drugs Laboratory or the Director shall then be construed to mean such Authority or officer, as the case may be.";
(ii) after section 19, the following section shall be inserted, namely:- "19A. Burden of proof.-When any drug or cosmetic is seized from any person in the reasonable belief that such drug or cosmetic is misbranded or adulterated, the burden of proving that such drug or cosmetic is not misbranded or adulterated sha

S.6 Amendment of Act 37 of 1954

In the Prevention of Food Adulteration Act, 1954,-

(i) to sub-section (1) of section 4, the following proviso shall be added, namely:- "Provided that the State Government may, with the prior approval of the Central Government, direct that the functions of the Central Food Laboratory and the Director may be carried out in West Bengal by such Authority and such officer respectively, as may be specified by the State Government by notification in the Official Gazette and any reference in this Act to the Central Food Laboratory or the Director shall then be construed to mean such Authority or officer, as the case may be".;
(ii) in section 16,-
- (a) in sub-section (1), for the words "a term which shall not be less than six months but which may extend to six years and with fine which shall not be less than one thousand rupees", the words "life and shall also be liable to fine" shall be substituted;
- (b) in the proviso to sub-section (1), f