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Section 92: Power to enter and seize unwholesome food

The Dadra and Nagar Haveli and Daman and Diu Public Health Act, 1985 (Act No. 25 of 1985)Union territory Act of Dadra and Nagar Haveli and Daman and Diu · Act 25 of 1985

(1) The Health Officer, or, Health or Food Ins­ pectoror'the local 'authority or' of any of the local authorities' concerned, or any officer of the Govern­ ment or, of any such locitlauthority appointed by the Government in this behalf may -' , , '

(a) enter and inspect any building or shop in the fair or festival which is a source of food "supply; ,

(b) for the purposes of inspection~li&ve access to any, source of water-supply on such or within such distan,ce therefrom as the Government may, by general or special, order,determine; and

(c) seise 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 seiz1ll'eto ,such autho­ rity 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 authority or person, aforesaid is of.

opinion tbatsuch, food is wholesome and fit for human consumption, the food snail be returned to the person from" whoin 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 autho- , rities concerned. . , ' , '93: Occupation of building, etc. required in c&nC nootion with falr or festival. - (1) The localautho­ rity may, incase of emergency with the sanction of the Collector, depute any person to enter ,upon, , occupy and uSe, without having recourse to the 'provisions of th!,Land Acquisition. Act, 1894 (pentral Act'l of 1894), any land or any build­ ing not being a dwelling house in, the notified fair or festival c!mtre which in the opinion of the Health Officer, is required .and is suitable for any pur-' poses connected with the fair or festival, such as the construction of pilgrim-sheds, water-sheds, hos­ pitals, segregation sheds, latrines and the like:

Provided that if the land or building.is occupied, , notice shall be 'given in writing to ,the occupant or be conspicuously affixed. on such land or building, ' II 1\ I' " i ~ 5,66, not less than twenty-four hours before it is entered upon.

(2) The owner or lessee of such land or building shall be entitled to compensation for any damage or expenses incurred, and to a reasonable rent for the period during which it had been occupied or used for, any of the purposes referred to in sub-section i1).

Such compensation and rent shall be fixed by the Collector. '

(3) The' local authority shall, when any 'such land or building ceases to be occupied or 'used for any of' the purposes aforesaid, cause 'it to be thoroughly disinfected and cleansed.

94. Control over private sources of water supply_ - The Health Officer may, by notice in writing, require the owner of," or, other person having control over any source, of' water-supply situated on the fair or festival site, or within such dist,ance ,therefrom as the Government by general or special order determine, to dose or disinfect such source within a specified time if, in the opinion of the Health Officer,it is likely to endanger or cause the spread ' of' disease amongst persons resorting to the festival ,or fair.

(2) If the owner or person aforesaid fails or neglects to comply with any, notice issued under sub-section (1) within the time specified therein, the Health Officer may himself take the necessary action; and the whole of the expenses incurred in doing so or such part thereof as the Health officer , may' determine' to be reasonable shall be recovere,d from such owner or person as if it were a tax due from hin). to the local authority or any 'of the local, authorities concerned.

CHAPTER XI General

Where this provision sits

ActThe Dadra and Nagar Haveli and Daman and Diu Public Health Act, 1985 (Act No. 25 of 1985)
Section92
Marginal notePower to enter and seize unwholesome food
JurisdictionUnion territory of Dadra and Nagar Haveli and Daman and Diu
StatusIn force as published by the source

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