Constitutional Status and Enforcement of the PFA Act:
The subject of the Prevention of Food Adulteration is in the concurrent list of the constitution.
However, in general, the enforcement of the Act is done by the State/U.T Governments. Each
State Government and Union Territory has created its own organisation for implementation of
the Act and Rules framed there under. The Central Government primarily plays an advisory role
in its implementation besides carrying out various statutory functions/duties assigned to it under
the various provisions of the Act.
Section 22A empowers the Central Government to give such directions as it may deem necessary
to a State Government regarding the implementation of the Act. Whereas, Section 23 empowers
the Central Government to make rules to carry out the provisions of the Act. In particular, and
without prejudice to the generality of the rule making power, the power of the Central
Government includes the one in clause (f). Further, Section 24 of the Act is the section which
grants rule making power to the State Government. The State Government may, after
71970 (2) scc 71para 16
consultation with the Committee, and subject to the condition of previous publication, there
under make rules for the purpose of giving effect to the provisions of the Act in matters not
falling within the purview of section 23.moreover, Sub section (2) of Section 24 grants power to
the State Government to make rules with regard to the powers and duties of the different
authorities under the Act. Prescription of forms of licences for the manufacture for sale, storage,
sale and distribution of articles of food, the conditions subject to which such licences may be
issued and the fees payable there for, analysis of any article of food or matter and provision for
further delegation of power by the State Government to the Food(Health) Authority or the
subordinate authorities are the matters covered within this delegated power. Thus there is
chances of conflict between centre and state.
The subject of the Prevention of Food Adulteration is in the concurrent list of the constitution.
However, in general, the enforcement of the Act is done by the State/U.T Governments. Each
State Government and Union Territory has created its own organisation for implementation of
the Act and Rules framed there under. The Central Government primarily plays an advisory role
in its implementation besides carrying out various statutory functions/duties assigned to it under
the various provisions of the Act.
Section 22A empowers the Central Government to give such directions as it may deem necessary
to a State Government regarding the implementation of the Act. Whereas, Section 23 empowers
the Central Government to make rules to carry out the provisions of the Act. In particular, and
without prejudice to the generality of the rule making power, the power of the Central
Government includes the one in clause (f). Further, Section 24 of the Act is the section which
grants rule making power to the State Government. The State Government may, after
71970 (2) scc 71para 16
consultation with the Committee, and subject to the condition of previous publication, there
under make rules for the purpose of giving effect to the provisions of the Act in matters not
falling within the purview of section 23.moreover, Sub section (2) of Section 24 grants power to
the State Government to make rules with regard to the powers and duties of the different
authorities under the Act. Prescription of forms of licences for the manufacture for sale, storage,
sale and distribution of articles of food, the conditions subject to which such licences may be
issued and the fees payable there for, analysis of any article of food or matter and provision for
further delegation of power by the State Government to the Food(Health) Authority or the
subordinate authorities are the matters covered within this delegated power. Thus there is
chances of conflict between centre and state.
