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Report No. 105

6.7. The Prevention of Food Adulteration Act, 1954, empowers the Central Government or the State Government to appoint Public Analysts for such areas, as may be assigned. Under that Act. Government also may appoint Food Inspectors who shall have the powers to take samples of any article of food from any persons selling such articles and to send such samples for analysis to the Public Analyst for the respective area with a view to ensure that the articles of food are not adulterated.

6.8. It would appear to us on a careful consideration, that similar machinery should be set up by the Government under a Parliamentary enactment, whereby analysts appointed under the Act, would have power to examine any electrical gadget or other consumer goods notified under the Act, and sold in the market, to ensure that they conform to the quality laid down under the Act. This examination may be on the application of the purchaser and on payment of a small fee. We recommend enactment of a law by Parliament in this regard.

6.9. We are of the considered opinion that such a law would go a long way in checking the malpractices prevalent in the production/sale of goods with sub-standard/spurious parts.

6.10. As stated earlier,1 the Law Commission has dealt with amendments to Sale of Goods Act, 1980. While considering section 16 (implied conditions as to quality or fitness), the Commission referred to its discussions with Deputy Director, ISI who suggested an amendment to section 16, inter alia, to provide that when Government lays down any standard for any purpose, the products sold should conform to that standard. The Commission observed:-

"What is necessary to achieve the object in view is a provision which will imply in such cases a condition or warranty regarding the quality of the goods, to the effect that the goods sold are of the quality which the standard or other mark carries with it. In the absence of an express or implied condition or warranty regarding the quality of the goods, the purchaser would not be able to claim a right to repudiate the contract or claim damages for breach of the warranty. He may be liable for the penalties provided under the Acts. The enactment of a statutory condition or warranty may affect a large class of merchants and middlemen. It is a matter of policy to be decided by the Union and the State Governments whether they should undertake such legislation. In the circumstances we do not propose to make any recommendation on the question raised by the Deputy Director."

1. Law Commission of India, Eighth Report.

6.11. But times have changed. It would appear that with the increasing tempo in production of wide variety of goods and of the abuses in marketing them, a law to ensure quality of goods for sale, is called for.

6.12. As a result of the discussions contained in the preceding Chapters, we recommend enactment of a law:

(i) to ensure that the quality of goods sold are according to the standards laid down under the proposed law,

(ii) for the constitution of advisory councils with reference to particular classes of goods or particular industries,

(iii) for the appointment of public analysts for such areas as may be assigned, with power to examine any notified goods and sold in the market, to ensure that they conform to the quality laid down under the Act.

6.13. To give a concrete shape to our recommendations, we annex a draft Bill.

K.K. Mathew Chairman.

J.P. Chaturvedi Member.

Dr. M.B. Rao Member.

P.M. Bakshi Part-time Members.

Vepa P. Sarathi Part-time Members.

A.K. Srinivasamurthy Member-Secretary.

Dated: 27th October, 1984.



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