Section 21 in The Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Act, 1992

Title: Cognizance of offences

Description: (1) Save as otherwise provided in section 173 of the Code of Criminal Procedure, 1973 (2 of 1974), no court shall take cognizance of any offence punishable under this Act except upon a complaint in writing made by— (a) a person authorised in this behalf under sub-section (1) of section 20 of the Prevention of Food Adulteration Act, 1954 (37 of 1954); or (b) an officer not below the rank of a Class I officer authorised in this behalf, by general or special order, by the Government; or (c) a representative of such voluntary organisation engaged in the field of child welfare and development and child nutrition as the Government may, by notification in the Official Gazette, authorise in this behalf. (2) Where a complaint has been made by a representative of the voluntary organisation authorised under clause (c) of sub-section (1) and the court has issued a summons or, as the case may be, a warrant under sub-section (1) of section 204 of the Code of Criminal Procedure, 1973 (2 of 1974), the Assistant Public Prosecutor for that court shall take charge of the case and conduct the prosecution.

Title: Offences by companies.

Description: (1) Where an offence under this Act has been committed by a company, every person who, at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1), where any offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or 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 deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation.--For the purposes of this section,-- (a) "company" means any body corporate and includes a firm of other association of individuals; and (b) "director", in relation to a firm, means a partner in the firm.

Title: Offences to be cognizable and bailable.

Description: Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), an offence punishable under this Act shall be— (a) bailable; (b) cognizable.

Title: Protection of action taken in good faith

Description: No suit, prosecution or other legal proceeding shall lie against the Central Government or any State Government or any officer of the Central Government 1[or a representative of such voluntary organisation which is notified under clause (c) of sub-section (1) of section 21] for anything which is in good faith done or intended to be done under this Act. 1. Subs. by Act 38 of 2003, s. 10, for "or of any State Government" (w.e.f. 1-11-2003).

Title: Application of Act 37 of 1954 not barred

Description: The provisions of this Act, or the rules made thereunder shall be in addition to, and not in derogation of, the Prevention of Food Adulteration Act, 1954, or the rules made thereunder.

The Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Act, 1992