Islamabad Capital Territory Food Safety Act, 2021

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THE ISLAMABAD CAPITAL TERRITORY FOOD SAFETY, 2021 
 
 
 
 
  
 
 
 
              CONTENTS 
                ___________ 
   
CHAPTER-I 
PRELIMINARY 
1. Short title, extent and commencement 
2. Definitions 
 
CHAPTER-II 
ESTABLISHMENT OF FOOD AUTHORITY 
3. Establishment of the Food Authority 
4. Powers and functions of Food Authority 
5. Director of the Food Authority 
 
CHAPTER-III 
FOOD SAFETY OFFICERS 
6. Food safety officer 
7. Powers of food safety officer 
 
CHAPTER-IV 
LABORATORIES 
8. Establishment of food laboratories 
9. Licensing of food business 
 

 
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10. Public analysts 
 
CHAPTER-V 
OFFENCES AND PENALTIES 
11. Selling food against the law 
12. Substandard or misbranded food 
13. Unsafe food 
14. Unhygienic or un-sanitary place for food 
15. Contravention for which no specific penalty is provided 
16. False Information 
17. Obstructing the food safety officer 
18. Business without license 
19. False advertisement 
20. False labelling etc. 
21.  Failure to comply with the directions 
22.  Punishment for subsequent offences 
23.  Compensation in case of injury or death of a consumer. 
24.  Forfeiture of food, etc. 
25.  Offences by companies 
26.  Publication in newspaper 
 
CHAPTER-VI 
JURISDICTION AND PROCEDURE 
27.  Jurisdiction of the food authority 
28.  Food Tribunal 
29.  Cognizance and investigation 
30.  Time limit for prosecutions 
 
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31.  Summary trail 
32.  Defence available 
33.  Recovery of fines etc. 
34.  Appeal against conviction 
35.  Transfer of cases 
 
CHAPTER-VII 
MISCELLANEOUS 
36.  Powers to make rules 
37.  Powers to make regulations 
38.  Immunity 
39.  Public Servant 
40.  Bank accounts 
41.  Budget and accounts 
42.  Audit 
43.  Annual report 
44.  Application of the Code of Criminal Procedure, 1898 (Act V of 1898). 
45.  Repeal and savings 
46.  Overriding effect 
47.  Power to remove difficulties 
  
 
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THE ISLAMABAD CAPITAL TERRITORY FOOD SAFETY, 2021 
 
[1st December, 2021] 
ACT NO. L OF 2021 
 
AN 
ACT 
 
to provide for the safety and standards of food and for establishment of the         Islamabad Food Authority 
 
WHEREAS, it is expedient to protect public health, to provide for the safety and standards 
of food, to establish the Islamabad Food Authority and for other connected matters; 
 
It is hereby enacted as follows:— 
 
CHAPTER-I 
 
PRELIMINARY 
 
             1.   Short title, extent and commencement.— (1) This Act shall be         called the Islamabad 
Capital Territory Food Safety Act, 2021. 
 
(2) It extends to the whole of the Islamabad Capital Territory. 
 
(3) It shall come into force on such date as the Government may, by  notification in the official 
Gazette, appoint. 
 
             2.   Definitions.—(1) In this Act, unless there is anything repugnant in the subject or context.— 
 
(i) “Act” means the Islamabad Capital Territory Food Safety Act,         2021. 
 
(ii) “adulterated food” means an article of food,— 
 
(a) which is not of the nature, substance or quality which it purports or represented to be; or 
(b) which contains any such extraneous substance which may  affect adversely the nature, 
substance or quality thereof; or 
(c) which is processed, mixed, coloured, powdered or coated with  any other substance in 
contravention of any provision of the Act rules or regulations; or 
(d) any constituent which has been wholly or in part abstracted so as to affect injuriously its 
nature, substance or quality; or 
(e) which contains any poisonous or other ingredient which may render it injurious to health; 
or 
 
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(f) the quality or purity of which does not conform to the prescribed standards; or 
(g) which having been prepared, packed or kept under unhygienic        and insanitary 
conditions, or has become contaminated or injurious to health; 
 
(iii) “advertisement” means any publicity, representation or pronouncement made by any means for 
the purposes of promoting, directly or indirectly, the sale or other disposal of any food; 
(iv)  “competent authority” means the Secretary Interior Division; 
(v) “consumer” means any person that purchases the food against consideration or otherwise; 
(vi)  “Director Food Authority” means officer appointed or nominated        as such by  the 
competent authority for the purposes of this Act; 
(vii) “fee” means the amount prescribed by the rules; 
(viii) “food” means anything whether processed, semi processed, raw or  cooked and used as 
food adulterant for human consumption other  than drugs as defined in the Drug Act,1976 
(XXXI of 1976) and includes,— 
(a) any substance intended to be used in composition or         preparation of food; 
  
(b) any flavouring matter or condiment; 
 
(c) any colouring matter intended to be used in food; 
 
(d) chewing gum, confectionery and other products of the like  nature; and 
 
(e) water in any form, including ice, either for direct human or use in the composition or 
preparation of food: 
 
Provided that competent authority may declare, by notification in the official Gazette, any 
article as food for the purposes of this Act: 
 
Provided further that an article shall not cease to be food by  reason only that it is also 
capable of being used as a medicine. 
 
(ix) “food additive” includes any substance which, normally, is not  consumed as food, by 
itself, but is used  as a typical ingredient of  the food, the addition of which to the food 
affects the characteristics  of such food; 
(x) “Food Authority” means the ICT Food Authority established under section 3 of the Act; 
 
(xi) “food business” means any undertaking establishment or concern whether maintained for 
profit or otherwise, carrying on any of the activities related to any stage of manufacturing, 
processing, packaging, import, export, storage, transportation, distribution of  food and 
includes services like catering, distribution and sale of food or food ingredients; 
 
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(xii) “food labo ratory” means any laboratory or institute to be declared  by the Competent  
Authority; 
(xiii) “food safety officer” means any officer appointed as such, by the competent authority; 
(xiv) “godown” means a place where articles of food are received or stored for sale or delivery 
to a customer or consignee, and includes  godowns of the Railways  and other transport 
agencies, etc.; 
(xv) “Food Tribunal” means any Magistrate, not less than First Class,  notified as tribunal  
under the Act; 
(xvi) “Government” means the government in relation to the Islamabad Capital Territory; 
(xvii) “injury” means causing of pain, harm, disease, infirmity either bodily or in mind; 
(xviii) “ingredient” means any substance, including a food additive used  in processing, 
manufacturing, preparation etc. of food to present its final food product either in modified 
form or otherwise; 
(xix) “label” includes any tag, brand, mark whether pictorial or descriptive written, printed, 
stencilled, embossed, impressed on, or  attached to or included in or belonging to  or 
accompanying any food; 
(xx) “licence” means a licence granted under this Act or the rules made there under, as may be 
notified by the Director Food Authority; 
(xxi) “misbranded food” means an article of food,— 
(a) which is an imitation of, or resembles an other food in such a       manner that is likely to 
deceive the consumers; or 
(b) which is so coloured, flavoured, coated, powdered or polished  as to conceal the true 
nature thereof; or 
(c) which is contained in any package which, or the label of which bears any statement, 
design, picture or description regarding the ingredients or the substances contained 
therein, which is false or misleading.     
(xxii)  “package” includes anything in which food is wholly or partly cased, covered, enclosed, 
contained, placed or otherwise packed in  any way whatsoe ver and any such other 
receptacle of any kind whether opened or closed; 
 
(xxiii) “premises” include any shop, stall, hotel, restaurant, airline services, canteens, place 
(open or closed by a boundary), building        or tent or any other structure and any adjoining 
land used in connection therewith and any vehicle, conveyance, vessel or aircraft where 
any article of food is manufactured, stored,  transported or sold etc.; 
(xxiv) “prescribed” means prescribed by the rules; 
 
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(xxv)    “public analyst” means an analyst appointed under the Act; 
(xxvi)    “safe food” means the food that is not unsafe; 
(xxvii) “sale” with its  grammatical variations and cognate expressions, means a transfer of 
ownership of any article of food, and includes        an agreement for sale, and also an attempt 
to sell any such article; 
(xxviii) “standard” in relation to any article of food, means the prescribed         and includes the 
standard notified by the Food Authority; 
(xxix) “sub-standard” means the article of food that does not meet the  prescribed but not so as 
to render the article of food unsafe; 
(xxx) “transit” includes all stages of transportation from the place of manufacture, production, 
processing, or other source of origin to        the consumer; 
(xxxi) “unsafe food” means an article of food whose nature, substance or  quality is so affected 
by any means as to render it injurious to health and includes food which does not comply 
with relevant          technical resolutions under technical barriers to trade (TBT) and sanitary and 
phytosanitary (CPS) conditions; 
(xxxii) “food operator” means a person who manufactures for sale,     transports, by the Competent 
Authority as such; and 
 
(xxxiii) “scientific panel” means the scientific panel constituted under the         Act. 
 
CHAPTER-II 
 
ESTABLISHMENT OF FOOD AUTHORITY 
 
             3.   Establishment of the Food Authority.—(1) The Government shall, by notification in the 
official Gazette, establish the ICT Food Authority to carry out the purposes of this Act. 
 
            (2)  The Food Authority shall consist of a Board comprising a Chairperson and following  
Members, namely:— 
 
(a) Chief Commissioner ICT.         Chairperson 
(b) Representative of the Ministry of Health Regulation 
not below BPS-19.        Member 
(c) Representative of the Ministry of Interior not 
 below BPS-19.   Member 
(d) Representative of the Government, Food Security 
 not below BPS-19.   Member 
(e) Two members of the National Assembly of the ICT 
 to be nominated by the Government.   Member 
 
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(f) Two food technologists or scientists to be nominated 
 by the Government.   Member 
(g) one representative of the Chambers of Commerce 
       and Industry to be nominated by the Government.   Member 
(h) one representative of Industry to be nominated by  
the Government.   Member 
(i) one representative of Food Operator to be nominated 
 by the Government.  Member-cum-Secretary 
 
 
           (3)    The members other than the ex-officio members shall be appointed in the manner and term 
as prescribed. 
 
           (4)    The general directions and superintendence of the affairs of the Authority shall vest in Board 
who with the assistance of Director Food Authority  shall discharge its functions under the guidance and 
instructions on policy matters by the Federal Government. 
 
           (5)   The Board may, with the prior approval of the Chairperson, co -opt any other person as a 
member. 
 
           (6)   The Chairperson and members, other than ex-officio members, shall       be appointed in such 
manner as to ensure the highest standards of professional competence and experience. 
 
           (7)    A meeting of the Board shall be held in the manner provided by the  regulations, and until so 
provided, as may be determined by the Board. 
 
           (8)   The Secretary of the Board shall, on the direction of the         Chairperson, call a meeting of the 
Board. 
 
           (9)   The Board shall meet at least thrice in a year. 
 
          (10)   The Chairperson, or in his/her absence, any other member elected by the members present at 
a meeting, shall preside at a meeting of the Board. 
 
           (11)   The quorum for a meeting shall be one third of the total members, the fraction being counted 
as one. 
 
            (12)   No act or proceedings of the Board shall be questioned or invalidated merely on the ground 
of existence of any vacancy or defect in the constitution of the Board. 
 
            4.    Powers and functions of Food Authority.—(1) The Food  Authority shall enjoy such powers 
and perform such function as may be notified  by the Government from time to time in addition to the 
following functions, namely:— 
 
(a) specify procedures and guidelines for setting up and accreditation  of food laboratories; 
 
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(b) formulate method of sampling, analysis of samples and reporting of  results; 
(c) specify licensing, prohibition orders, recall procedures, improvement  notices or 
prosecution; 
(d) determine terms and conditions of service of its employees; 
(e) collect and analyze relevant scientific and technical data relating to       food; 
(f) establish a system of network of food operators and consumers to     facilitate food safety 
and quality control; 
(g) organize training programmes in food safety and standards; 
(h) promote general awareness as to food safety standards; 
(i) levy fee for registration, licensing and other services; 
(j) certify food for expert; 
 
(k) perform any other prescribed function; and 
(l) do any other thing which is necessary for the discharge of its      functions under this Act. 
(2)  The Food Authority shall exercise its functions, as far as possible, in accordance with the 
well-established scientific principles and international best practices. 
 
             5.    Director of the Food Authority. —(1) The competent authority  shall nominate or appoint 
the Director Food Authority on such terms and conditions as it may determine. 
 
            (2)   The Director Food Authority, who shall be the chief executive officer of the Authority, shall 
be responsible for efficient implementation of the Act. 
 
            (3)   The Director Food Authority shall exercise such powers and functions as may be prescribed. 
 
 
CHAPTER-III 
 
FOOD SAFETY OFFICERS 
 
            6.    Food safety officer. —The competent authority may by notification  in the official Gazette 
appoint food safety officers, from amongst such persons as       it deems appropriate for the purpose having 
such qualifications as may be prescribed in the rules. 
 
            7.    Powers of food safety officer.—(1) The powers and functions of the food safety officers shall 
be the following, namely:— 
 
(a) take sample of any food or any substance, which appears to him to be intended for sale, or has 
been sold as food; 
 
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(b) seize any food, apparatus or utensil which appears to the food        safety officer to be in 
contravention of this Act, the rules or the regulations; 
(c) enter or seal any premises where he believes any food is prepared, preserved, packaged, stored, 
conveyed, distributed or sold, examine          any such food and examine anything that he believes 
is used, or  capable of being used for such preparation, preservation, packaging, storing, 
conveying, distribution or sale; 
 
(d) open and examine any package which, he believes, to contain any food; 
 
(e) examine any book or documents with respect to any food and make          copies of or take extracts 
from the book or documents; 
 
(f) demand the production of the identity card, the business registration certificate, licence or any 
other relevant document from a food operator; and 
 
(g) search and seize any vehicle carrying food. 
 
(2)  A food safety officer shall prepare a statement describing the food,  apparatus, utensil, or 
vehicle seized and shall deliver a copy of the statement to the person from whom it is seized or, if such 
person is not present, send such  copy to him by mail. 
 
(3)  A person claiming back anything seized under sub -section (1) may, within seven days of the 
seizure, apply to the Court and the Court may confirm such seizure, wholly or in part, or may order that it 
be restored to the claimant. 
 
(4)  If the Court confirms the seizure of the food, apparatus or utensil, it   shall be forfeited to the 
Food Authority or the Court may direct that such food, apparatus, utensil may be destroyed at the cost of 
the owner or person in whose possession it was found. 
 
(5) If an application is not made within seven days under sub -section (3), the food, apparatus or 
utensil seized, shall be forfeited to the Food Authority. 
 
(6) Any person may make an application in writing to the Food Safety  Officer asking him to 
purchase a sample of any food from a food operator and       get it analyzed from the public analyst. 
 
CHAPTER-IV 
 
LABORATORIES 
 
             8.   Establishment of food laboratories. — The competent authority  may establish or opt any 
accredited food laboratory from Pakistan National Accreditation Council for the purposes of carrying on 
analysis of the samples procured as may be prescribed. 
 
             9.   Licensing of food business.—(1) A person shall not use any place  for food business except 
under the prescribed registration or licence. 
 
 
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            (2)  The Food Authority may in the prescribed manner, exempt a class  of food operators from 
obtaining compulsory registration or licence under this section. 
 
            10.   Public analysts.- (1) The competent authority may, by notification  in the official Gazette, 
nominate or appoint such person as it may deems fit, having such qualification to be the public analyst for 
such area as may be  prescribed. 
 
(2)  The production of a certificate under the hand of a public analyst, in          a trial shall, until contrary 
is proved, be sufficient evidence of the facts stated therein. 
 
(3)  The Food Tribunal may of its own or on the request of the accused, send, any sample of food, 
to the public analyst for test, the cost of which analysis        shall be paid by the accused unless otherwise 
directed by the Food Tribunal. 
 
CHAPTER-V 
 
OFFENCES AND PENALTIES 
 
            11.   Selling food against the law.—Any person who sells or offers for sale any adulterated food 
or food which is not in compliance with the provisions  of this Act or the rules, shall be punished with 
imprisonment for a term which may extend to six months or fine which may extend to one million rupees 
or with       both. 
 
            12.   Substandard or misbranded food.— Any person who manufactures          for sale, stores, sells, 
distributes any food which is substandard or is misbranded,  shall be punished with imprisonment for a 
term which may extend to six months or fine which may extend to one million rupees or with both. 
 
            13.  Unsafe food.—Notwithstanding anything contained in any law for the time being in force, a 
food operator, who manufactures for sale, stores, sells, distributes any unsafe food, shall be liable— 
 
(a) where the unsafe food does not result in injury to any person, to  imprisonment for a term 
which may extend to six months or fine  which may extend to one million rupees or with 
both; 
 
(b)    where such unsafe food results in injury to any person, to imprisonment for a term which 
may extend to three years or fine which may extend to one million rupees or with both; and 
 
(c) where such unsafe food results in death of a person, to imprisonment for life or fine which 
may extend to five million rupees, but not less than three million, or with both. 
 
           14.   Unhygienic or un-sanitary place for food.—Any person who manufactures or processes or 
keeps any article of food for human consumption  under un-hygienic or unsanitary conditions, shall be 
punished with imprisonment for a term which may extend to six months or fine which may extend to half 
a million rupees or with both. 
 
           
 
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 15.   Contravention for which no specific penalty is provided.— Whoever, contravenes any 
provisions of the Act or the rules made there under, for which no specific penalty has been provided, 
shall be punished with imprisonment for a term which may extend to one year or fine which may extend  
to half a million rupees or with both. 
 
          16.   False Information.—If a person, in connection with a requirement or direction under this Act 
or the rules made there-under, provides any information or produces any document or article of food that 
is false or misleading, shall be punished with imprisonment for a term which may extend to six months or 
fine which may extend to half a million rupees or with both. 
 
          17.   Obstructing the food safety officer.— (1) Any person who obstructs or impedes any food 
safety officer or any other authorized officer in the         course of performing his duty under the Act or the 
rules made there under, shall  be punished with imprisonment for a term which may extend to six 
months or       fine which may extend to half a million rupees or with both. 
 
(2) Any person who un-lawfully removes, alters or interferes, in any way, with any food, article, 
equipment, vehicle, etc. seized, detained or sealed  under the Act or the rules made thereunder shall be 
punished with imprisonment for a term which may extend to six months or fine which may extend to half 
a million rupees or with both. 
 
           18.  Business without license.— If any food business operator who manufacturers, sells, stores 
or distributes any article of food without the prescribed license, shall be punished with imprisonment for 
a term which may extend to six months or fine which may extend to half a million rupees or with both. 
 
           19.   False advertisement.— (1) Any person who for the purpose of affecting or promoting the 
sale of any food, publishes or causes to be published, any advertisement which,— 
 
(a) falsely describes the food; or 
 
(b) is contrary to the any provision of Act or the rules; or 
 
(c) is likely to deceive a purchaser with regard to the character, nature, value, substance, quality, 
strength, purity, composition, merit, safety, weight, proportion, origin, age or effects of any 
food or of any ingredient or constituent of the food, shall be punished with  imprisonment for 
a term which may extend to one year or fine which may extend to two million rupees or with 
both. 
 
(2)  Any person who publishes or causes to be published any         advertisement which does not contain 
the true name of the person by whom the  advertisement is published and the address of his place of 
business, shall be  punished with imprisonment for a term which may extend to one year or fine  which 
may extend to two million rupees or with both. 
 
           20.   False labelling etc.— (1) Any person who prepares, packages, labels any food which does not 
comply with the prescribed standards, shall be punished with imprisonment for a term which may extend 
to three years or fine which may extend to one million rupees or with both. 
 
 
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(2) Any person who labels any food in a manner that is false, misleading or deceptive with regard 
to its character, nature, value, substance, quality or composition, shall be punished with imprisonment for 
a term which may extend to one year or fine which may extend to one million rupees or with both. 
 
            21.  Failure to comply with the directions.— If any person, without any reasonable ground, fails 
to comply with any order or  notice issued or any  directions given, under this Act or the rules made 
thereunder, shall be punished with imprisonment for a term which may extend to one year or fine which 
may extend to half a million rupees or with both. 
 
            22.   Punishment for subsequent offences.—(1) If any person after  having been, previously 
convicted of an offence punishable under the Act or         rules made thereunder, is subsequently convicted 
of the same offence, shall be liable to— 
 
(a) the double of the punishment which he had already received as previous conviction; and 
 
(b) on further commission of offence under the Act or the rules made  there under, be banned to 
carry on the food business in addition to the award of maximum punishment for the offence. 
 
(2) The licence of such food operator shall be cancelled. 
 
            23.  Compensation in case of injury or death of a consumer. —(1) Notwithstanding anything 
contained in any other law, in case of injury or death       of a consumer due to unsafe food, the Tribunal in 
addition to any other penalty  under this Act may direct the food operator to pay compensation to the 
consumer or the legal heirs of the consumer, as the case may be, an amount which is— 
(a) not less than one million rupees in case of death; and 
(b) not exceeding half a million rupees in case of injury. 
(2) If the food operator fails to pay the compensation under this section, the Food Authority 
shall recover the compensation as arrears of land revenue and make payment of the recovered amount to 
the injured or legal heirs of the deceased, as the case may be. 
Explanation.—In this section, “Company means a body corporate and       includes a firm or any 
other association of persons, whether required or not. 
             24.  Forfeiture of food, etc.—In case of conviction under this Act, the  Tribunal may direct that 
any food, apparatus, utensil, equipment, machinery, vehicle or any other thing, be confiscated or destroyed 
at the cost of the operator. 
 
             25.  Offences by companies.—(1) Where an offence under this Act or rules made there under has 
been committed by a company, every person, who at  the time of the commission of the offence, was in -
charge of the company as well as the company shall be jointly and severally liable for the pun ishment of 
the offence. 
(2) Notwithstanding anything contained in sub -section (1), where it is  proved that the offence is 
attributable to any neglect on the part of any director, manager, secretary or other officer of the company, 
such director, manager, secretary or other officer shall also be liable to the punishment of the offence or  
 
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any other association of persons, whether required or not. 
           26.   Publication in newspaper. —If a person is convicted of an offence  and the conviction has  
attained finality, the Food Authority shall, if so directed by the Tribunal, publish the name of the person 
together with the name and place of his business, the nature of the offence and the fine, forfeiture, or other 
penalty imposed on him, in newspapers or in any other mode of information to the people        and the convict 
shall be liable to pay the cost of any such publication. 
CHAPTER-VI 
JURISDICTION AND PROCEDURE 
            27.   Jurisdiction of the food authority.—(1) On information received from any source, the Food 
Authority may, for reasons to be recorded in writing, shall— 
 
(a) register information of an offence under this Act; or 
 
(b) submit complaint of an offence before the Food Tribunal; or 
 
(c) suspend or cancel the licence of the food operator; or 
 
(d) impose fine on the food operator which may extend to one million        rupees; or 
 
(e) direct destruction of an adulterated or unsafe food in the prescribed  manner; or 
 
(f) take any other action as may be prescribed; or 
 
(g) decide, if the circumstances so warrant, not to take any action. 
 
(2) If the Food Authority cancels the licence or imposes fine on a food operator, the food operator 
may, within fifteen days of the communication of the  order, prefer an appeal against such order to such 
Appellate Authority as may be prescribed. 
 
(3) The Food Authority or the Appellate Authority shall not pass any order relating to suspension 
or cancellation of the licence or imposition of fine without providing an opportunity of hearing to the food 
operator. 
 
(4) An order of suspension of a licence under this section shall not be  passed for a period 
exceeding seven days at a time and, unless sooner withdrawn  or the licence is cancelled, and shall cease 
to have effect on the expiry of the thirtieth day from the date of first such order. 
 
             28.  Food Tribunal.—An offence punishable under this Act shall be  exclusively triable by the 
Food Tribunal established by the Government and  where it establishes more than one Food Tribunals, it 
shall specify the territorial limits within which each Food Tribunal shall exercise its jurisdiction under the 
Act. 
 
             29.   Cognizance and investigation. —(1) An offence  under this Act shall be cognizable on 
information provided to the officer incharge  of a police  station by an officer  authorized by  the Food 
 
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Authority. 
 
(2) If the offence causes death of, or injury to, a person, the injured  person or the legal heirs of 
the deceased may also file a complaint in the Food Tribunals under Chapter-XVI of the Code of Criminal 
Procedure, 1898 (Act V of 1898). 
 
(3) The Director Food Authority may constitute a standing investigation team for an area 
consisting of such police officers and food safety  officer to investigate offences under the Act and the 
rules made there under to submit report in the Food Tribunal under the Code of Criminal Procedure, 1898 
(Act V of 1898). 
 
(4) The offences under sections 22 and 24 of the Act shall be non-bailable. 
 
            30.  Time limit for prosecutions. — The prosecution for an offence under this Act or the rules 
made there under shall be filed within one year of the commission of the offence. 
 
            31.  Summary trail.—(1) Notwithstanding anything contained in the Code of Criminal Procedure, 
1898 (Act V of 1898) but sub ject to sub -section (2),  a Food Tribunal may summarily try an offence 
punishable under this Act or the  rules made thereunder, and impose punishment of imprisonment for a 
term not exceeding six months, fine or both. 
 
(2) If a Food Tribunal is of opinion that the nature of the offence does  not justify summary trail, 
it may conduct proceedings in accordance with the  provisions of Chapter XX of the Code of Criminal 
Procedure, 1898 (Act V of 1898). 
 
            32.  Defence available.—In any proceedings for a n offence under this  Act, the exercise of due 
care and caution shall be valid defence if it is proved that  the person took all reasonable precautions and 
exercised due diligence to prevent the commission of the offence. 
 
            33.  Recovery of fines  etc.—(1) The Food Authority shall recover the  fine, fee or any other 
amount, imposed or levied, under this Act or the rules made        there under, as an arrears of land revenue 
and, for the purpose, the officer  authorized thereby shall exercise the powers of Collector under the Land 
Revenue Act, 1967 (Act XVII of 1967). 
 
(2) The fine imposed or the fee charged under the Act or the rules         made there under shall 
be deposited with the Food Authority and shall form part of the Food Authority Fund. 
 
(3) The Authority may distribute ten percent of the fine to its  officers as will be prescribed in 
the rules. 
 
            34.    Appeal against conviction.— The Authority or the person  sentenced by a Food Tribunal 
may, within thirty days from the date of communication of the order, file an appeal against the final 
order of the Food Tribunal in accordance with the Code of Criminal Procedure 1898 (Act V of 1898). 
 
             35.   Transfer of cases. — (1) A case regarding any matter within the  jurisdiction of a Food 
Tribunal, pending in any court before the establishment of       a Food Tribunal under this Act and the rules 
 
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made there under, shall stand transferred to Food Tribunal which shall have jurisdiction to try the case. 
 
(2) The District  and Sessions Judge may under his jurisdiction transfer a  case from one Food 
Tribunal to another Food Tribunal or direct to constitute a Food Tribunal made there under. 
 
CHAPTER-VII 
 
MISCELLANEOUS 
 
            36.  Powers to make rules.— The Federal Government may, subject to the condition of previous 
publication and by notification in the official Gazette, make rules to carry out the purposes of this Act. 
 
            37.   Powers to make regulations.—The Director Food Authority may subject to the condition of 
previous publication and by notification in the official Gazette, make regulations not inconsistent with the 
provisions of this Act or the rules. 
 
             38.  Immunity.—No suit, prosecution or other legal proceedings shall lie against the Government, 
any officer of the Government, the Food Authority, the Chairperson, a member or any other employee of 
the Food Authority for anything which is done in good faith under this Act, the rules or the regulations. 
 
             39.  Public Servant.—The employees of the Food Authority shall be deemed to be public servants 
within the meaning of section 21 of the Pakistan Penal Code, 1860 (Act XLV of l860). 
 
           40.  Bank accounts.—The Food Authority may open and maintain its accounts at such scheduled 
banks as may be prescribed, and until so prescribed, as the Government may determine. 
 
           41.  Budget and accounts. — (1) The Food Authority shall maintain  proper accounts and other 
records relating to its financial affairs including its  income and expenditures and its assets and liabilities 
in such form and manner as may be prescribed. 
 
(2) After the conclusion of a financial year, the Food Authority, in the manner prescribed, shall 
cause to be prepared for the financial year statements of  account of the Food  Authority which shall 
include a balance sheet and an account of income and expenditures.
 
(3) The Food Authority shall approve its annual budget for a financial  year in the prescribed 
manner.   
 
(4) No expenditure for which provision has not been made in any     approved budget shall be 
incurred without prior approval of the Food Authority. 
 
            42.    Audit.—(1) The Auditor General of Pakistan shall annually audit  the accounts of the Food 
Authority. 
 
(2) The Government, in addition to the audit under sub -section (1) shall  cause the accounts of 
the Food Authority annually audited by a chartered accountant or a firm of chartered accountants. 
 
(3) The auditor appointed under sub -section (2) shall be provided such access to the books, 
 
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accounts and other documents as may be considered necessary for the audit of accounts. 
 
(4) The auditor shall submit the  annual or any special  audit report to the Food Authority, and 
the Food Authority, under intimation to the Governm ent,    shall take appropriate remedial or other action 
in the light of the audit report. 
 
            43.   Annual report.— (1) The Food Authority shall, within three months of the close of a financial 
year, submit to the Government an annual performance report. 
 
(2) The report shall consist of.— 
 
(a) the statement of accounts and audit reports of the Food Authority; 
(b) a comprehensive statements of the work and activities of the Food  Authority during the 
preceding financial year and its proposed projects and schemes; and 
(c) such other matters as may be prescribed or as the Food Authority may consider appropriate. 
(3) The Government shall, within two months of receiving the report  from the Food Authority, 
lay the report in both Houses of the Parliament (Majlis- e-Shoora). 
            44.    Application of the Code of Criminal Procedure, 1898 (Act V of 1898).—The provisions 
of the Code of Criminal Procedure, 1898 (Act V of 1898)  shall be applicable to the trial of the offences 
under this Act. 
 
            45.   Repeal and savings.—(1) The West Pakistan Pure Food Ordinance  1960 (W.P. Ord VII of 
1960) is hereby repealed. 
 
(2) Subject to this Act, any license or order issued under the repealed  Ordinance, which is in 
force on the date of coming into force of the Act, shall be deemed to have been issued under the Act and 
shall continue to be in force until expired, cancelled or withdrawn. 
 
(3) The standards, safety requirements and other provisions of the repealed Ordinance or the 
rules made thereunder, shall, to the extent of consistency with the Act, continue to remain in force till the 
standards, safety requirements are prescribed under the Act. 
 
(4) Any license issued or orders passed under any law, which, on the date of commencement of 
the Act, is in force  in the ICT, shall continue to be in  force till the date of its expiry or fresh license is 
issued or any order is passed under this Act. 
 
(5) The standards, safety requirements and other provisions of the repealed law or any other law 
for the time being in force, shall continue to be in force till the provisions or this Act and the rules as the 
case may be come into force in ICT. 
 
             
 
 
 
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 46.   Overriding effect.—The provisions of this Act shall have effect  notwithstanding anything 
contained in any other law. 
 
 
            47.    Power to remove difficulties.—The Government may, by notification in a official Gazette, 
make provisions as may deem necessary for  removing any difficulty rising out in giving effect to the 
provisions of this Act, within period of two years after coming into force of this Act. 
 
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  RGN Dated: 12-03-2026