Bare ActsMadras Public Health Act, 1939

Section 122

Power to enter and seize unwholesome food.--

Amendment status not verified — confirm the current text below against the official source.

(1) The Health Officer, or a Health or Sanitary Inspector or the local authority or of any of the local authorities concerned, or any officer of the Government or of any such local authority appointed by the Government in this behalf may-- (a) enter and inspect any building or shop in the fair or festival [centre], which is a source of food-supply; (b) for the purpose of inspection, have access to any source of water-supply on such [centre] or within such distance therefrom as the Government may, by general or special order, determine; and (c) seize any food prepared or offered for sale or stored or in course of transit within the fair or festival [centre] which, he has reason to believe, is unwholesome or unfit for human consumption, and destroy the same forthwith if, in his opinion, such food is of a perishable nature or the value thereof does not exceed three rupees. (2)(a) Any officer seizing any food under clause (c) of sub-section (1) shall, if it is not destroyed under that clause, report the seizure to such authority or person as may be prescribed in that behalf. (b) If the authority or person aforesaid is of opinion that the food is unwholesome or unfit for human consumption, such authority or person may, by order in writing, direct the food to be destroyed; and any expenses incurred in this behalf (including the cost, if any, of analysing the food or a sample thereof) shall be recoverable from the person from whom the food was seized, as if it were a tax due from him to the local authority or any of the local authorities concerned. (c) If the local authority or person aforesaid is of opinion that such food is wholesome and fit for human consumption, the food shall be returned to the person from whom it was seized; and the cost, if any, of analysing the food or a sample thereof shall be borne by the local authority or local authorities concerned. Substituted by Section 11 of the Madras Public Health (Amendment) Act, 1941 (Madras Act XIX of 1941) re-enacted permanently by Section 2(1) of, and the First Schedule to, the Madras Re-enacting Act, 1949 (Madras Act X of 1949), for the words "site".

Section 122 – Madras Public Health Act, 1939 | DailyLaw.ai