AIAQ Prevention of Food { 17 DEC. 1964 ] (Amendment) Bill, 1S64 4150

held on Wednesday, the 16th Decern- j ber, (19) Shri Raghunath Singh 1964, has adopted the enclosed j motion (20) Shrimati Renuka Ray concurring in the recommendation of Rajya (21) Shri Bal Kris an x Singh Sabha that Lok j Sabha do join in the Joint Committee of the Houses on the (22) Shri Krishnapal Singh Banaras , Hindu University (23) Shri Rajdeo Singh (Amendment) Bill, 1964. The names of the (24) Shri Ramshekhar Prasad Singh mem- ! bers nominated by to (25) Shri Sinhasan Singh serve on the said Joint Committee are set out in the motion;" (26) Shri N. M. R. Subbaraman (27) Shri Kamal Nath Tiwari MOTION (28) Lt. Col. Maharajkumar Dr. Vijaya That this House concurs ib the Ananda of Vizianagram recommendation of Rajya 'Sabha that the (29) Shri Ram Harkh Yadav, and House do join in thi Joint Committee of the (30) Shri Ram Sewak Yadav." Houses jm the Bill further to amend the Banaras Hindu University Act, 1915, made in the motion adopted by Rajya I Sabha at its THE PREVENTION OF FOOD ADUL- sitting held on the 25th November, 1964 and TERATION (AMENDMENT) BILL, communicated to this House on the 27th 1964—continued November, 1964 and resolves that the following 30 members of Lok! Sabha be MR. CHAIRMAN: Before we begin nominated to serve on th|e said Joint the discussion I would say that two Committee, namely: — hours were allotted for the dis cussion on this measure. Only (1) Dr. M. S. Aney twenty-six minutes are left out of (2) Shrimati Renuka Devi Barka-taki that time and there should be some

relationship between the time consu (3) Shri A. E. T. Barrow med in the House and the time al (4) Shri Bhakt Darshan lotted- by the Business Advisory Com (5) Shri Yudhvir Singh Chau-dhary mittee. I have a list of about (6) Dr. Punjabrao S. Deshmukh fifteen to sixteen Members want ing to speak. Now there (7) Shri -Madhavrao Laximanrao Jadhav fore other speeches will have to be (8) Shri Gauri Shanker Kakkai- very brief; otherwise many people (9) Shri will not be able to take part. As an extra measure of accommodating the (10) Shri Mahesh Dutta Ivjusra House I propose that the House sit (11) Shrimati Savitri Nigajm till 1.30 today and then break for (12) Shri Tika Ram Palivfal lunch, so that as many people as possible can speak, and then the (13) Shri Sarjoo Pandey Minister would be called upon to (14) Shri Purushottamdas R. Patel reply at 2.30. I hope that would suit (15) Shri S. B. Patil the convenience of the House. But some sort of self-restraint in the len (16) Shri P. S. Nataraja Pillai gth of speeches would be very (17) Shri S. K. Pottekka|tt helpful. Technically there are only <18) Shri D. D. Puri twenty-six minutes left. Shri Chor- dia had not finished his speech. He may now continue.

4151 Prevention of Food [ ] (Amendment) Bill, 19644152: Adulteration

4153 Prevention of Food [ 17 DEC. 1964 ] (Amendment) Bill, 1964 4154, Adulteration

4155 Prevention of Food [ RAJYA SABHA ] (Amendment) Bill, 19644156 Adulteration

4157 Prevention 0/ Food [ 17 DEC. 1964 ] (Amendment) Bill, 1964 4158 Adulteration

4159 Prevention of Food [ RAJYA SABHA ] (Amendment) Bill, 1964416c Adulteration

4161 Prevention of Food [ 17 DEC. 1964 ] (Amendment) Bill, 1964 4162 Adulteration

4163 Prevention oj Food [ RAJYA SABHA ] (Amendment) Bill, 1964 416-Adulteration

THE DEPUTY MINISTER IN THE MINISTRY OF HEALTH (SHRI P. S. NASKAF): Mr. Misra's attention may be drawn. He is replying to something you said yesterday.

SHRI LOKANATH MISRA (Orissa): I am so sorry I did not hear it.

4165 Prevention oj Food [ j 7 DEC. 1964 ] (Amendment) Bill, 1964 4166' Adulteration

4167 Prevention oj Food [ RAJYA SABHA ] (Amendment) Bill, 19M4168 Adulteration

4169 Prevention of Food [ 17 DEC. 1964 ] (Amendment) Bill, 1964 4170 Adulteration

4171 Prevention of Food [ RAJYA SABHA ] (Amendment) Bill, 19644172 Adulteration

.173 Prevention of Food [ 17 DEC. 1964 ] (Amendment) Bill, 1964 4174 Adulteration

4175 Prevention of Food [ RAJYA SABHA ] (Amendment) Bill, 1964 4176 Adulteration

4177 Prevention of Food [ 1? DEC. 1964 ] (Amendment) Bill, 1964 4178 A diiltprntinn

SHRIMATI (Orissa): Madam Deputy Chairman, this is such a Bill which is getting and which should get unhesitating support from every corner of this House. Food adulteration is not only a national menace, but it has got its tremendous bad effect on the coming generation. If we get a race of diseased and disabled persons, then it is naturally the deep concern of every person. Adulteration has come to such a point that people have completely forguUen about pure food. Tn the food that we are daily taking, e.g., rice, dal and other things, we are getting small stones and sands, for which nowadays we do not care, but in other things such as Atta, ghee, oil and spices there are so many types of admixtures that it causes deep concern, and as the doctors say they are very harmful for our health. Not only these food materials are adulterated, but we find that even baby food and drugs are also adul- terated. It is quite obvious what a deep concern it would be if these baby foods are adulterated. About drugs think of the poor man who generally cannot afford to buy such medicines which are so very costly. Even if in any way he manages to buy this medicine and gives it to his ailing child, at last what does he find? He finds that the condition of his child, instead of getting better gets worse. Think of this poor man, what his condition will be. We are daily getting reports of food poisoning in newspapers. In marriage parties and parties which are held for different festivals, after these parties reports come out that many people suffer from different types of diseases. There are cases of instantaneous deatft also from food poisoning. It ha.; become a natural phenomenon nowadays. The punishment that is provided in this Bill, I think, is not sufficient for these people who ere 4179 Prevention of Food [ RAJYA SABHA ] (Amendment) Bill, 19644r8o Adulteration [Shrimati Nandini Satphathy] responsible the case of one who is already adulterated or a for adulterating food materials. What thing which is already adulterated, there is no punishment can be sufficient for these people, fear of any more adulteration. I cannot think of, because they are more or less—why more or less—I think they should SHRI LOKANATH MISRA: I think that be called murderers. We are talking so many because" I said that the CongTess Party is things about corruption here. My friends from adulterated, it has hurt the Congress Party the Opposition have decried big political very much. figures, tall political people, charging them for their activities, charging them with SHRI P. S. NASKAR-. What about Mr. corruption before any charges were proved' Misra's Party? Is it spurious? against them. I would like to ask my hon. friend, Shri Lokanath Misra, whether he has SHRI : They are the ever decried any profiteer, any hoarder or any representatives of vested interests, so pure adulterator in his State or anywhere else. Dalda. TheTe ls no question of adulteration. (Interruption). He does not say anything. Has he ever raised a single voice against such a SHRIMATI NANDINI SATPATHY; As I person who is not only responsible for have said, they are not afraid of any more profiteering or for making money for himself adulteration. but also for causing death . . .

SHRI LOKANATH MISRA: Because we Madam, the punishment that we have know that these higher-ups are behind these provided in this Bill, as I have already said, is adulterators. I not sufficient for these adulterators. Tn my opinion, the punishment should be increased, SHRIMATI NANDTNl SATPATHY: I eo the offence should be cognisable and it should not think so. It is a nature with some Deonle be non-bailable. and it has become a nature with our friends in the Opposition that they should decry the Another thing which I want to tell hpre is political figures for their own political ends . . that the things which are suspected to be . adulterated should be seized immediately. Otherwise, there is every chance that these SHHI LOKANATH MISRA; Once these things will be sold in the market. I can tell you higher-up people in politics are gone, there about one incident. Once there was a press will be no adulterators in this country. note by the Government that a particular type They will be hanged. of flour or a particu'ar type of Atta should not be used by the people. That was written in the SHRI AKBAR ALI KHAN (Andhra Pradesh): I hope my friend, Mr. Misra, will press note. It was said therein that the be more graceful. particular trade mark will be on the bag and from that bag nobody should buy the flour, SHRI CHANDRA SHEKHAR (TTttar but as it is, always the consumers do not buy a Pradesh): Mr. Misra is pura Dalda. bag of flour. Generally us they buy a kilo or two it is not possible for them to see the trade SHRIMATI NANDINI SATPATHY: That is mark on the bag. So, in my opinion, as soon as why I think he is not afraid of adulteration the Government sees anything wrong with the because nothing can be adulterated in the case foodstuffs, they should seize them. of Dalda. Only pure people or pure ghee er pure things can be adulteraf v I. In SHRI P. S. NASKAR: Yes. 4181 Prevention of Food [ 17 DEC. 1964 ] (Amendment) Bill, 1964 4182 Adulteration SHRIMATI NANDINl SATPATHY: As exhibition here a few days back. I think I have already said, the offenders, those that is a very nice thing to educate the people who are responsible for people, and I suggest that this type of adulterating food materials, should be exhibitions should be arranged penalised much more. In this connection throughout the country to educate the I want to quote what our revered Panditji people. I hope that will help the s"aid, when he was released from jail consumer, and our hon. Minister has after the great Bengal famine. He said: spoken at that meeting and said that consumers should play n very important "My heart bleeds not becjause role in checking this adulteration. So, I millions have died of hunger and think if this type of exhibitions is starvation but because not one arranged in different parts of the country, blackmarketeer or profiteer was hung it will help in educating them. on the nearest lamp-post or flogged." Lastly I want to mention that as people Madarn, what we have done in this have become less God-fearing, I think respect, 1 want to ask this question. they should be made more law-fearing, Again, I want to tell that while] our and by that at least we can check to some Opposition friends are condemning extent this type of corruption ur anti- corruption like anything, while taking social activities which is prevalent in our part in the discussion on Essential country today. Thank you. Commodities Bill, my hon. friend, Mr. SHRI AKBAR ALI KHAN: Madam Mariswamy, that day condemned capital Deputy Chai man, so far as the question punishment ! and he was afraid that this of adulteration is concerned, obviously punishment might be used for political there cannot be two opinions that the purposes. When Government wants to offenders should be dealt with very make any amendment or when strictly. It is a very strange proposition Government wants to put a step to all that as the modern civilisation grows so typts of corruption, our Opposition the adulteration also grows. Even now if friends just cry at the top of their voice we go to the interior villages, we can find and condemn the Government measures. things pure and very much less adulterated. But if we come to the big SHRI LOKANATH MISRA: Because cities, we see the phenomenon that even we know the Government too well, we the air, the water and the food, all these know what it is. are adulterated. In the big cities when you see the smoke coming out, that is SHRIMATI NANDINl SATPAlTHY: part of the modern civilisation. What we '["hey are always trying to frustrate them. are concerned here with regard to this They never co-operate with them to wipe Bill is how to make it effective. out the wrong things in the country. The suggestions that have been put The last thing which I wjant to speak forward on this Bill are- twofold: one is here is this, as many pf my friends have stricter punishment, and the other is already spoken,, only laws will not do. control of the Centre. So far as the former Only laws cannot cure this tragedy that is is concerned, I agree and I will not go prevailing in the country. So, the co- into details as the time is limited. But so operation of the people, the co-operation far as taking over by the Centre is concerned, I am very doubtful whether of social workersi is very much neeessary for this purpose. The Bharat Sevak the very fact that there are Central Samaj has organised an officers, Food Inspectors and nnalysts throughout

4183 Prevention of Food [ RAJYA SABHA ] (Amendment) Bill, 1964 4184 Adulteration

[Shri Akbar Ali Khan.] the country will in view of tlie new situations that have arisen, in any way control the situation better than view of the difficulties that have come "to our what it is at present. After all whether he is notice, we should exert ourselves and see how a Food Inspector appointed by the Central far we can help and ease the situation so far as Government or appointed by the State the consumer goods and articles are Government, he has got the same knowledge, concerned. same character, same feeling, same weakness as we all have. So I would like the Health Minister to examine that suggestion very carefully, and I do not Another thing that I would like to place through agree with her if she feels that merely you, Madam, to the scientists of my own because she would appoint the Food Inspectors country and to the scientists of the world is on behalf of the Centre she would be able this. No doubt there is a great progress in science. to control the situation. The progress that has been made during the last The other thing is that so far as laboratories ten years so far as atom bomb and other are concerned, there of course the Government things are concerned is unparalleled. But I of can considerably help the situation. At would like to know what our scientists present there are no laboratories. Even if there have done to find food from air, from are laboratories, they are inadequate. We have water, from mountains, from leaves, etc. The no analysts. There is no training camp. There other day I was reading that some scientists is no training school. When I say no, I mean have said that after ten years there will be such not adequate for analysis. Unless you have a an increase in population in Asia and Africa that good band of analysts, unless you have a good there will be starvation. Is that the way 1 band of Food Inspectors, things will not P.M. to deal with it? This is a challenge to improve. humanity, this is a challenge to the scientists of the world, this is a challenge to the world AN HON. MEMBER: Good or which calls itself a modern and progressive honest? world. Let us all join together and think over the situation as to how we can meet this SHRI AKBAR ALI KHAN: When I say challenge. It is a matter of humanity, of saving good, it implies honest. So I would say it from starvation, saving it from bad health, that the mere fact of change of control controlling people's malnutrition and saving from the State to the Centre will do no our young children that are coming up so that good. But when I deal with this they may become good citizens of the country problem, Madam, I think this is only a part of as well as the world. And that is the challenge it. Let us see the basis as to why this and that challenge has to be met very adulteration is going on and increasing forcefully, not only by the Governments but day by day. Obviously the only answer is also the scientists. Of course, we have to shortage of food, shortage of commodities see that the conventional methods of increasing available. In order to get over that situation, I production are adopted. When we pass in the am glad, I welcome the statement of the Prime train, we have seen hundreds of acres of land Minister that in the two remaining years we remaining without cultivation. We know that have to do very serious rethinking about the water is not used as much as we would like it to planning and about supplying consumer be; our manpower is not trained in a way that it articles. It is a very welcome suggestion ran use modern maintaining the basic policy that we have been following. I think in 4185 Prevention of Food [ 17 DEC. 1964 ] (Amendment) Bill, 1964 4186 Adulteration techniques and try to increase | our sion and the version of Mr. Chordia, the production. impression that I got was that you both wanted religious education . . . So, while I welcome this measure, ! I consider that it is a very paftial ! measure SHRI NAFISUL HASAN: No, no. to control the situation [ which each one SHRI AKBAR ALI KHAN: ... .and of us would like to control. Now, I agree with some of i my friends that there is a that is the only thing. Of course, the moral basis for it and with due respect to j my moral code has to improve. Let us hon. friends, Mr. Nafisul Hasan r*nd Mr. all . . . Chordia, I do not agree with their suggestion for religious ifcducation. I SHRI P. S. N ASK AR: Money has no agree with Mr. Sri j Prakasa that there religion. should be some moral code. Of course, I agree with tnem that at present our education SHRI AKBAR ALI KHAN: As my hon. in the matter of humanism and humanitarian friend said, money is everything. We have to feelings is very rr. uch lacking; there is see that we have respect for such values which no doubt about it. but that cannot be rilled in are not only monetary and financial but also by ifeli-.gious education. Whatever it may be, I moral. Every time we pass the anti-corruption entirely agree that all the religions say the law, we pass the Essential Commodities Act, same thing, so far as ! the basic principles we pass this Adulteration Act, and many other are concerned. The unfortunate experience Acts will be passed which are necessary for of ours in tne last fifty years and in the Legislature to pass to see that such bad ,the 17th and 18th centuries has made it very things are controlled and curbed. But the real clear that while practising religion, we basis is character; the real basis is the way in forget the principles, the basic ideas, which you look at these things, whether they the fundamental ideas, but in the name of are good or bad. It is not the monopoly of any religion we try to sacrifice those basic icjeas country or any party. If things have improved for which the religion stands. So, that is in England and other countries, certainly their the position and I would very Tnuch welcome a business honesty is much higher than what we moral code. Let a non-official gathering of have in our own country. They have been all communities belonging to all improving on account of their conscientious religions sit together. Let them prepare efforts on the part of all concerned. It has been a code and give it to us. We wculd most done not only through agitation but through willingly accept it. But I kikow the difficulty; social environment also. Let us create a social it would not be . . . environment. That is the duty of all of us.

SHRI NAFISUL HASAN (Uttar Pradesh): SHRI LOKANATH MISRA: Admi- May I make my position clear? I never nistrative honesty. advocated educa ion about any particular SHRI AKBAR ALI KHAN: Administrative religion but what I suggested was moral honesty, political honesty and all kinds of education based on the common teachings of honesty where, I am sure, my friend and all the religions, which are lone and the same. myself will agree and will try to see that those That is what I said. kinds of honesty are established.

SHRI AKBAR ALI KHAN: I ent: rely SHRI ARJUN ARORA „ (Uttar Pradesh): appreciate my hon. friend's Interruption But you should honestly agree. because that has mjade ■the position clear, from your yer- 4187 Prevention of Food [ RAJYA SABHA ] (Amendment) Bill, I&644188 Adulteration SHRI LOKANATH MISRA: The Congress adulterated stuff, we have to spend still more should honestly agree. for medicines. Unfortunately, these drugs are also adulterated and patients succumb due to SHRI AKBAR ALI KHAN: I accept the some spurious drugs. And as such, tne dealers suggestion of my friend that everything that is who sell these spurious drugs may De genuinely honest alone stands; that only has considered to be guilty of murder as these some footing; that only can influence the spurious drugs may act as poison in the society. If we speak of Gandhiji and if we system and may sometimes kill the patient. As speak of Jawaharlalji, it is because—there are such, no punishment is too heavy for such many other qualities in them—their greatest offenders. As such no punishment is too quality was honesty, sincerity, their width of heavy for such an offender. The Joint Select vision and their broad heart. These are the Committee's recommendations in prescribing things which matter. Let us also make a imprisonment as well as fine for dealers succes of our efforts and see that our country selling adulterated s.uffs is very appropriate grows in stature; irrespective of party, and justifiable. irrespective of province, irrespective of caste and creed, let us all take a pledge that we will also, in our own sphere, be honest, that the Madam, this Bill, with the various people who are around us are honest. If we amendments, is intended to make the existing build up honesty, I am sure, that will be the law more severe so that peo-p*e guilty of greate-t sacrifice, more than any other adulteration are awarded imprisonment as wel resolution or legislation. as fine and aie not let off with mere fine. Mere imposition of fine will not produce any I thank you. effect on the offender as he can make up the fine very easily by intensifying adulteration. So in order to have some effect on the trader, DR. K. L. NARASIMHA RAO (Andhra he must always remember that deterrent Pradesh): Madam Deputy Chairman, punishment, imprisonment and fine will be adulteration is being practised in our count-y awarded to him if he indulges in adulteration. to such an extent that it has become a menace On second offence he loses his licence besides to the nation's health. Adulteration is the most the social disgrace that he has to face. heinous crime committed against humanity when compared to the other anti-social acts. Bribery and other evil practices affect only a The amendment as passed by the Lok Sabha section of the community but adulteration regarding punishment for harmless technical affects the highest percentage of the innocent offences is fair and reasonab'e. Usually these population. Now-a-days we notice that technical offences will not injure anybody's article? whicn are essential to the community health. These are simple technical breaches of are adulterated. We pay for an article the price rules regarding packing or quality of the that we pay for the genuine stuff but we find it article not satisfying the prescribed standard to be adulterated, which, if consumed, causes but harmless to the consumer. So people injury fr our health. So, by buying an adul- committing these technical offences have to terated article, we not only lose our hard- be dealt with separately as against Ihose who earned money but we are risking our health. are actual offenders. As such the discretion In other words, we are purchasing disease must be left to the Magistrates to give with our gooo. money. Added to this, when punishment only with fine. If the offence is of we become sick on account of consuming such a serious nature as it will injure one's health, the provision for imprisonment is also 4189 Prevention of Food [ [17 DEC. 1964 ] (Amendment) Bill, 1964 4190 there and the Magistrate can use his to be implemented successfully, the discretion according to the seriousness of the authorities and the people must .cooperate offence. with each other. Cases of adulteration must be promptly reported and information must Madam, adulteration in certain Eood-stuffs be given as to who supplied the stuff. can be detected by mere ssight, but in others only a laboratory test can establish whether a In this connection voluntary organisations certain foodstuff is adulterated or not. can play a vital part in eradi. eating this evil. Therefore, a good number of laboratories They can enlighten the public how food, must be estabished in various, centres, and drinks and drugs, etc. re aduterated. They can these laboratories must be well equipped with impress on the people that as citizens they qualified and experienced analysts. The owe a service to the society and that they samples sent to the laboratories must be should do their duty by bringing to the notice analysed as ex-peditious'y as possible. The of the authorities instances of adulteration, laboratories must be above board so that their and in doing so they should not mind some analysis may be relied upon. sacrifice and hardship.

Usually Food Inspectors in the various Madam, this Bill with its beneficial Municipalities and Corporations will be measures goes a long way in checking the entrusted with the task of dealing with evils of adulteration in the country and we adulterated foodstuffs. As they are the persons hope the State Governments as we'l as the who deal with the trading community they Central Government will implement it must be thoroughly aware of the prevailing successfully. With these words I support the food standards so that the honest trader may Bill. not be harassed and at the same time the interests of the consumer safeguarded. The Food! Inspectors, while discharging their duty, have to face serious handicap d\!ie to the harrassing attitude of the dealers. The result is that when the Inspectors set up cases against them, witnesses will not be available to depose against the dealer and sometimes the available witnesses will turn hostile under the influence of the dealer and sometimes the cases may fail due to lack of proper evidence. Therefore, it will not be fair to label all Food Inspectors as a class as bribe-takers. It! will de like calling all top-ranking men and officials corrupt for the faults of a few individuals belonging to that class. Madam, it is naturally the concern of the Government and its machinery to detect adulteration at various levels at the source, the wholesale dealer and the retailer and punish the culprit. As the big mandies and manufacturing places are the main sources of adulteration, they should be inspected perio. dically. It is not enough that lawb are made and executed but if the law is

4191 Prevention of Food [ RAJYA SABHA ] (Amendment) Bill, 19644192 Adulteration

4193 Prevention of Food [ 17 DEC. 1964 ] (Amendment) Bill, 1964 419j Adulteration

SHRI LOKANATH MISRA: Madam, I am veryi thankful to you for giving me time. To begin with, there is no doubt about the fact that adulteration is a henious crime. It almost can be called mass murder and no •amount of punishment is probably sufficient fo deal with this crime. I have been hearing a great deal of sermon from the Members opposite. The late Prime Minister about seventeen years back, bad said that these profiteers and adulterators should be hanged in the nearest lamp post. That no attention has been given during the last seventeen years only goes to show where the shoe pinches. Even the highest man in the Congress Party) the So-called leader . . .

PROF. M. B. LAL (Uttar Pradesh): So- called?

SHRI LOKANATH MISRA ...... could not do anything about it and I have nothing to say about the rest because they had only to follow suit and nothing has been done till today. That only goes to show that the shoe pinches s'omewhere. It has been per- „ colating from the highest quarters. The mill- owners and manufacturers started adulte rating first. That is because they have to payi colossal amounts as political donations and since it percolated from the highest quarters down to the lowest level, the atmosphere gets vitiated. Once the atmosphere got vitiated, it is beyond control now and any amount 'of ser- mon in the Rajya Sabha or in the other House is not going to mind matters. What has to be done now is to see that these Bills which take the shape of Acts here are properly im- plemented. It is only in the field of implementation that we lag and why do we lag? It is because the high-ups in the country have their interest in it. They are the persons who collect the donations. They sit as the highest administrators and Ministers and by the time elections come near, they go round and start collecting funds. I Naturally, they cannot take any stern 4195 Prevention of Food [ RAJYA SABHA ] (Amendment) Bill, 1964 4196 Adulteration action. So even if these Acts are in the Statute is checked, it is going to remain as an Act in Books nothing is going to happen. the Statute Book 'only because previously we had also the D.I.R. How many of these SHRIMATI NANDINI SATPATHY: For you adulterators have been booked under the the Privy Purse is there. The others have to D.I.R.? It is not that this present Government collect funds. That is why . . . did not have ample opportunity to prosecute these adulterators. They had the D.I.R. which SHRI LOKANATH MISRA: Thank you placed wide powers in their hands, that they very much. At least one of the Members from could book anybody for anything. But only the Congress Party says that they accept it . political persons were booked under the D.I.R. . . Not one of the adulterators was booked under the D.I.R. What was the reason behind it? The SHRI P. S. NASKAR: She did not say that. only reason is that political donations are collected and it has already been admitted by SHRI LOKANATH MISRA; I come to my one of the Members . . . next point. This imp'emen'a-tion becomes impossible only because shelter is given by SHRI M. P. BHARGAVA (Uttar Pradesh): the highest quarters. If somebody is caught On a point of order. I wiH challenge the h'on. hold of by the inspector, the inspector is a Member . . . petty 'official and he cannot see it through. PROF. M. B. LAL: That is not a point of The news somehow reaches the ears of the order. Ministers and the case is not booked. SHRI M. P. BHARGAVA: ... to prove THE MINISTER OF HEALTH (DR. SUSHILA anything that he is saying, any single incident NAYAR) ; I strongly protest. If he has any where the Central Ministers have protected proof that any Minister has protected any anybody from being booked under the D.I.R. adu'terator, I would for political reasons. like to know. Otherwise, it is not PROF. M. B. LAL: This is not a point of right to say such things. order. SHRI LOKANATH MISRA: The State SHRI LOKANATH MISRA: I do not know if the Health Minister has given any Ministers are as good Ministers as the Central protection but I have definite charges against Ministers. There cannot be any differen Ministers in Orissa and they are as good '.iation between a Central Minister and a State Ministers as the Ministers here. Minister. SHRI M. P. BHARGAVA: The hon. DR. SUSHILA NAYAR: I would like to Member is speaking in the Rajya Sabha, not in know. the Orissa Assembly.

SHRI LOKANATH MISRA: The Minister SHRI LOKANATH MISRA: But this Act provokes me to cite the cases. I was not going does not govern the City of Delhi; this Act to cite the cases. governs the entire country of India and expects co-operation from all the States, from (Interruptions) all the people. (Interruptions) THE DEPUTY CHAIRMAN: You cannot make a'legations. Since I have limited time, Madarn,... THE DEPUTY CHAIRMAN; You have got SHRI LOKANATH MISRA: I know about two minutes more. the facts and I can place the facts if necessary. Now unless this PROF. M. B. LAL: You should get extra minutes for the interruptions. 4197 Prevention of Food [ 17 DEC. 1964 ] (Amendment) Bill, 1964 4198 Adulteration SHHI LOKANATH MISRA: Madarn, if our for this, at a time when modern techniques late Prime Minister resLy intended that he can give any improvisation tor a ything? They should put a curb on this adulteration, it have got it, I should think, but only because shouid have been done long ago. And why the vanaspati merchants are also making huge was this not done? And even after the Govern- contributions to the Congress Party, they have ment had the powers under ihe D.I.R., why did not been able to impose any restriction on they not take steps against this adulteration? such manufacturers. Now the point is, as has been made in this House already there have baen so many ins- SHRI DEOKINANDAN NARAYAN tances where in one case cowdung has been (Maharashtra): Are they not members of mixed with something, in another some acid the Swatantra Party also? has been mixed with something else, and in a They are mostly members of the third case some other injurious foreign matter Swatantra Party. has heen mixed with other edible things. Now they have not put a stop to any of these SHRI LOKANATH MISRA: Madam, I am adulterants and the adulterated foodstuffs are going to reply to the interruptions. Many of moving freely in the market. All the same them may be members of the Swatantra Party Dalda is being sold in the market without any or might have their sympathies for the sort of colour. There have been so many Swatantra Party, but the point is, the Swatan- occasions, both in the House and outside also, tra Party is not in power; the Congress Party is where objections were raised against the free in power and the Congress Government is sa'e of Dalda without any colour. Has the expected to implement any Bill that we pass Minister looked into this matter till today? It is here. And has the Congress Government said that Dalda harms the human organism implemented this Act that we passed here? very much. This is what I ask.

DR. SUSHILA NAYAR: Madarn, THE DEPUTY CHAIRMAN: You mean vanaspati? Swatantra Party represents vested interests and this is the job of the vested interests and the Party is not tackling them and combating SHRI LOKANATH MISRA: Yes, and that their acts of adulteration. harms very much the health of the people. All the same there has never been any endeavour SHRI LOKANATH MISRA: But it. is not on the part of the Government to impose the job of the Congress Government to look certain restrictions on the Dalda manufac- after the vested interests of the Swatantra turers or vanaspati manufacturers to get it Party? What has the Congress Party done to coloured. Now, that it is not coloured it can combat it? Are you going to look after our get mixed up with any other pure stuff, with vested interests even if, as you say ours is a pure ghee for example. vested interest?

DR. SUSHILA NAYAR: We will try to THE DEPUTY CHAIRMAN: They have break them and punish them. not found a colour so far for this. SHRI LOKANATH MISRA: But why have SHRI LOKANATH MISRA: Since they you not been able to break them? It is only have found a colour for everything else, can I because you collect from them large believe that they have not been able to find a donations for your political purposes. colour THE DEPUTY CHAIRMAN; That will do. 4199 Prevention of Food [ RAJYA SABHA ] (.Amendment) Bill, 19644200 Adulteration SHRI LOKANATH MISRA: Thank you Bil the power to appoint food inspec. tors and very much, Madam. publi" analysts should be the exclusive power of the Central Government. I may submit that THE DEPUTY CHAIRMAN: The House that is no't the intention. The intention of the stands adjourned till 2.30 P.M. Central Government is that the Central The House adjourned for lunch at Government should work along with the State thirty-two minutes past one of the Governments and the local authorities, to clock. supplement and assist and augment the machinery to detect food adulteration and to take necessary action. Sometimes what The House reassembled after lunch at half happens is this. Food is manufactured in one past two of the clock. The VICE-CHAIRMAN State and sold in another State. Where the (SHRI M. P. BHAR-GAVA) in the Chair. food is sold the food inspector finds it to be adulterated but he finds it difficult to pursue THE DEPUTY MINISTER IN THE the matter with the manufacturers who belong MINISTRY OF HEALTH (SHRI P. S. to another State. So when ths Central NASKAR). Sir, the Prevention of Food Government appoints the inspectors and the Adulteration (Amendment) Bill, 1964 has analysts all these difficulties will be removed. been discussed in this House since yesterday Also it happens sometimes that there are big and quite a number of hon. Members have manufacturers of food articles. The Central made good speeches. The fact that comes out Government, we felt, could handle such cases from all these speeches is that every hon. better than the local authority or the State Member who spoke and the House as a whole Government. That is why the Central also, are very keen to see that food- Government wants this power to appoint the adulterat'on is tackled very firmly by all the food inspectors and the pubic analysts all over authorities concerned. In my speech the country wherever they think it necessary. yesterday, Sir, I said that the Central Government is concerned with this prevention One hon. Member mentioned about the of food adulteration and that is why this calling of witnesses. The Select Committee amending Bill has been brought before the looked into the matter very thoroughly. In the House. By one of the provisions in this Bill, existing Act two witnesses are necessary. But the Central Government wants to appoint the Select Committee proposed that instead of inspectors, food inspectors and''public that one witness would be enough for the analysts. The other main point in this Bill is purpose and I think that the present the increased penalty for any offence amendment proposing one witness will serve committed under this law. the purpose. There is no point in having more than one. This Bill was discussed in this House earlier this year when it came to this House Another hon. Member mentioned about the for reference to a Select Committee. The Bill provision in Clause 6. I think it was Shri went to the Select Committee and the Select Nafisul Hasan who referred to it, stating that Committee discussed the Bill very the food inspector can keep such article in the thoroughly. They had called witnesses also safe cus-todav of the vendor. It is not always and they listened to them. and then after due possible to carry the entire thing to , some deliberations they have presented the Bill to place for safe rustodv. As has been proposed; it the Lok Sabha. The Bill has been passed by is neeessary in certain cases to keen it in safe the Lok Sabha and it has come to this House custody with the vendor. But to see that he now.

A few hon. Members made certain references to some of the provisions of the Bill. One reference was that in this 4201 Prevention of Food [ 17 DEC. 1964 ] (Amendment) Bill, 1964 4202 Adulteration does not tamper with it or the thing i is not sold promises not to tamper with it. To make sure out, he has to give a certain bond and surety to that he does not tamper with it or any portion the effect that he does not tamper with it. I think of it, you take a bond along with sureties. the Select Committee also looked into the matter ar.d came to the conclusion tjhat this SHRI NAFISUL HASAN: My only clause is necessary. suggestion was that in other laws, there is a p- ovision to hand the thing over to some SHRI NAFISUL HASAN: My objection supurdar who will take the responsibility of was ,hat there is no provision htere which producing it when wanted. There is no such compels the vendor to execute a bond. You provision here. I do realise that it is quite pos- always say in such cases that a bond should sible that there may be property which cannot be executed. be removed. It may be so much in quantity. In all such matters I know how it is done, for I SHRI P. S. NASKAR: May I invite the have experience of courts. The whole thing is attention of the hon. Member! to section 10 of entrusted to some other person at the choice the original Act. There you find a provision to of the inspector. This per. son takes the say that if the food inspector is prevented from responsibility of producing it in the court dis-. charging his duties, then the vendor is whenever required by the authorities. He to liable be punished. So the f(j>od inspector undertakes this responsibility and executes a can take advantage of tliat provision and if the document to that effect. That is what happens vendor does :iot oblige the food inspector by in all such cases. But there is no provision for giving such a bond, then the food inspector can that here. The inspector has either to take take action under that provision because the possession of it or lea^e it with the vendor. inspector is not being allowed to discharge his duties. So under that provision the vendor (fan be hauled up. DE. SUSHILA NAY AR: We will have the suggestion of the hon. Member examined and if necessary the rules will include something AN HON. MEMBER; It can cone under tbe in this respect, if it is considered necessary. rules also. SHRI P. S. NASKAR: Dr. Siddhu SHRI NAFISUL HASAN: If it is put down mentioned in his speech that trials of such i the rules, then it will be all right. Otherwise n cases should not be conducted by honorary a provision will he required here to say that magistrates. It is not so. In the original Act he should execute a bond and produce one or there is a provision to the effect that all such more sureties. cases should be dealt with by a first class SHRI P. S. NASKAR: If he is unable to magistrate. Section 20, sub-section (2) of the pjroduce one or more sureties, of course he original Act states that no court inferior to a would be punished. presidency magistrate or a first class magistrate shall try any offence under this AN HON. MEMBER: I don't thihk he will Act. be able to produce the sureties in all cases. Mr. Chordia was very much concerned

DR. SUSHILA NAYAR: If he is unable to about ghee. give the sureties, then it is possible that either the inspector can take away all the food or he SHRI V. M. CHORDIA: Ghee and other m|ay destroy it or deal with it in any manner things also. he deems necessary. It is really a protection to leave it in the safe custody of the vendor, SHRI P. S. NASKAR: He said that the provided ie standard varies from State to State, Sir, it is necessary but we find 1118 RS—5. 4203 Prevention of Food [ RAJYA SABHA ] (Amendment) Bill, 19644204 Adulteration [.Shri P. S. Naskar] that we cannot have an Since yesterday, Shri Lokanath Misra has all-India value because it will depend upon been offering a running commentary on the the bread of the cattle, the seasons and so on fault lying with the ruling Party. I do not but any ghee that is manufactured in a know why he uses the word "ruling". Perhaps particular area can be sold in the other area it is because that he has so many persons in under the Agmark label and it will pass the his Party belonging to the ex. ruling class. standards required by the Act and the rules That is why he cannot give up the idea of "ruling". SHRI V. M. CHORDIA: What will happen in a case where a trader takes ghee from SHRI LOKANATH MISRA: To offset that Andhra Pradesh and sells it in Bengal when you have businessmen. Don't make such the R.M. value in Andhra Pradesh is 26 or 28 allegations. These are not very . . . and it is different in Bengal'1 SHRI P. S. NASKAR: He said that SHRI P. S. NASKAR: For the information everything was wrong with the Congress. He of Mr. Chordia, I may say that ghee could not think of anything else. Nobody can manufactured in Andhra Pradesh is being sold build up any cause by criticising others. You in West Bengal even now. have to prove yourself worthy, I mean your Party, to take on the responsibility of looking Shrimati Buragohain said that licences of after the people. It is all right to make such offending sellers or dealers or soapbox speeches . . . manufacturers should be cancelled. There is a SHRI LOKANATH MISRA: Our Party is provision in the Bill which empowers the making a tremendous success. court to cancel the licen. ces after second or subsequent offences. She and other Members SHRI P. S. NASKAR; I did not Interrupt also mentioned about the inadequacy of the you and so please do not interrupt me. laboratory facilities today for the analysis of SHRI A. B. VAJPAYEE: On a point of the foodstuffs. Sir, the Government of India, in the Ministry of Health, have written letters order, Sir. Is it proper or desirable to refer to to all the State Governments asking them to speeches made inside the Parliament as give an estimate of the aid they would require soapbox speeches? This term has a definite in order to modernise laboratories. The connotation connected with Hyde Park. Central Government will also help them to Members of Parliament do not make soapbox build new and more laboratories to do the job speeches. They speak on the floor of the more efficiently. House, not from soap boxes. SHRI P. S. NASKAR: If you think, Sir, that Most of the Members said that stringent it is unparliamentary, if you think so, then I measures should be taken to enforce this Act. will withdraw it. It is true, Sir, that the field officers should be more honest but we try our best and Mr. Misra often makes charges about the character, as you know, depends not on the Orissa Ministers. He takes the shelter of this Act, not on the Government but on the person House. Why does he not go outside and make himself. No power on earth can make a man those ■charges? honest if he himself does not want to be SHRI LOKANATH MISRA: For your honest; no penalty on earth can stop a crime. information and for the information of the If that were so, then the death penalty would House, I would like to say that I have signed a have been a deterrent for murder but it has Memorandum which has been presented to not proved to be so. the President. I have given a copy of the same to the Prime Minister, another copy to the Home Minister. I have been roaming 4205 Prevention of Food [ 117 DEC. 1964 ] (Amendment) Bill, 1964 4206 Adulteration about Orissa making speeches regard, ing The motion was adopted. this. It is not that I take the shelter of this House. I move about in Orissa making the THE VICE-CHAIRMAN (SHRI M. P. same speeches that I make here. BHARGAVA) : We shall now take up the clause by clause consideration of the Bill. SHRI P. S. NASKAR: But you said that the Orissa Ministers give shelter to food Clauses 2 to 4 were added to the Bill. adulterators. If you have any such specific Clause 5—Substitution of new sections jor instance, why don't you go outside and make sections 8 and 9. speeches? SHRI V. M. CHORDIA: Sir, I move: SHRI LOKANATH MISRA: We have 1. "That at page 2, lines 24-26, the made such speeches. We have wjrit-ten even words 'for such local areas as may be in the Memorandum to the President. You assigned to them by the Central have no idea about all that. Government, as the case may be' be deleted." SHRI P. S. NASKAR: It is not that Government does not take action because of The question was proposed. the donations and contributions. I might inform the hon. Mem. ber that the A.I.C.C. passed a resolution saying that vanaspati should be coloured and that was forwarded, to the Government and the Ministry of Food and Agriculture is looking Into that.

SHRI A. B. VAJPAYEE: Since when has it been looking into the matter?

SHRI P. S. NASKAR: He talked about the Congress and all that.

SHRI M. RUTHNASWAMY (B^ad-ras): Aren't you ruling? I thought you were ruling.

SHRI LOKANATH MISRA: Leavb it to us. We will mend matters in a day.

DR. SUSHILA NAYAR: No, you Will never have the chance. Don't m|ake cheap promises.

SHRI P. S. NASKAR: There is nothing more that I can say in this matter. I request the House to take this Bill into consideration.

THE VICE-CHAIRMAN (SHRI M. P. BHARGAVA) : The question is:

"That the Bill further to arriend the Prevention of Food Adulteration Act, 1954, as passed by the Lok Sabha, be taken into consideration."

4207 Prevention of Food [ RAJYA SABHA ] (Amendment) Bill, 196442oS Adulteration diction to work in and so the Government thought that the analyst of that area can have a better coordination. Sometimes what happens is, if the Food Inspector has to send samples for analysis to far off places, then quick action in the matter cannot be taken. Of course, in cases where the analysis cannot be technically done in the particular area, it has to be sent to other areas but for general purposes it is better to have the coordination in the manner contemplated in the Bill.

SHRI M. RUTHNASWAMY: May I ask the Minister how many analysts and inspectors per State the Government contemplates to have?

SHRI P. S. NASKAR; We do not have any figure with us now.

THE VICE-CHAIRMAN (SHRI M. P. BHARGAVA) : The question is:

1. "That at page 2, lines 24-26, the words 'for such local areas as may be assigned to them by the Central Government or the State Government, as the case may be' be deleted."

The motion was negatived.

THE VICE-CHAIRMAN (SHRI M. P. BHARGAVA): The question is:

"That clause 5 stand part of the Bill."

The motion was adopted.

Clause 5 was added to the Bill.

Clauses 6 to 8 were added to the Bill.

| Clause 9—Amendment of section 16

SHRI P. S. NASKAR: Sir, I had a discussion with Mr. Chordia a little while ago and explained this point to him. Sir, the reason is this. The Food Inspectors have some area juris- 4209 Prevention of Food [ 1% DEC. 1964 ] (Amendment) Bill, 1964 4210 Adulteration SHRI V. M. CHORDIA: Sir, I mokre: SHRI P. S. NASKAR: Sir, Mr. Chordia has said 2. "That at page 5, line 26, after the word that if certain offences are committed under parti- 'offence' the words 'other than those cular conditions power should not be given to the mentioned in the proviso to sub-section courts to cancel the licences. Sir, in the Bill as it (1), be inserted." was presented to the Lok Sabha in the matter of penalty imprisonment was compulsory but the The question was proposed. Lok Sabha made an amendment and gave discretion to the court that under certain circumstances such as in the case of minor and technical offences imprisonment should not be compulsory and option has been given to the court to give imprisonment or fine. Here also in sub-clause (ID) you will find it is said that the court may order the cancellation of the licence and I am quite sure that the court will act judiciously. Therefore no question of compul- sory cancellation comes and I will request Mr. Chordia to withdraw the amendment.

THE VICE-CHAIRMAN (SHRI M. P. BHAROAVA): Are you pressing it?

The amendment was, by Wave, withdrawn.

THE VICE-CHAIRMAN (SHRI M. P. BHARGAVA): The question is:

"That clause 9 stand part of the Bill."

The motion was adopted.

Clcmse 9 was added to the Bill.

Clauses 10 to 14 were added to the Bill. 4211 Prevention of Food [ RAJYA SABHA ] (Amendment) Biil. 1964^212 Adulteration

Clause 1, the Enacting formula and the Title were added to the Bill. SHRI P. S. NASKAR: Sir, I move: "That the Bill be passed." The question was proposed.

4213 Prevention of Food I 17 DEC. 1964 ] (Amendment) Bill, 1964 4214 Adulteration

4215 Prevention of Food [ RAJYA SABHA ] (Amendment) Bill, 19644216 Adulteration

4217 Essential Commodities [ J7 DEC. 1964 ] Essential Commodities 421 (Amendment) Ordinance, 1964 & (Amendment') Bill, 1964 the traders, strong action was- meant and would be taken. We had all hoped that as a result of that things would come to a stage or at least would take such a posture when the situation would improve and the food prke would, if not ccvne down, at least start, stabilising' themselves.

[THE DEPUTY CHAIRMAN in the chair] It is very unfortunate to rise here this afternoon and to think that that opinion of that day which looked to be a red-letter day looks very pale now. The paling is due to the fact, and my submission is, that we have tried to be firm but we are firm on our knees. We have not realised that merely being firm or merely issuing an Ordinance or making laws does not deliver the goods. It does not deliver the goods because either the analysis is wrong that the problem has not been created by the hoarder, the trader and the dealer, or the action taken has been very infirm and was not meant to be purposive.

THE VICE-CHAIRMAN (SHRI lj.1 P. Madam, if I quote to you the situation as it BHARGAVA): The question is: happened, you will yourself perhaps be surprised. In Delhi alone as a result of the "That the Bill be passed." trend in prices, you will see that at the time The motion was adopted. of or immediately before the Ordinance, the general price level of wheat alone was THE VICE-CHAIRMAN (SHRI il. P. approximately Rs. 57 per quintal, and then it BHARGAVA): NOW we go back to the was allowed to stay there for some time. Essential Commodities (Amendment) Although it was only nominally when the Ordinance, and the Essential Commodities Ordinance came that a Committee met and Delhi thought that if the price was fixed (Amendment) Bill. at Rs. 57 it would be all right, it was always sold in the market at Rs. 67. Some time back it was felt that if a rise of Rs. 6 per (I) RESOLUTION RE THE ESSEN quintal could be allowed, the dealer would start importing from Punjab. TIAL COMMODITIES (AMEND Firstly informally and then formally this MENT) ORDINANCE, 1964. permission was given, and you will recall (II) THE ESSENTIAL COMMODI that I had requested in a calling TIES (AMENDMENT) BILL, 1964 attention motion the Minister to come and let —continued. us know the situation, and when the calling attention motion was being discussed SHRI I. K. GUJRAL (Delhi): Mr. Vice- here, the price had shot up to Rs. 79. Today Chairman, after a long period of warnings, when we are passing the Act, when we are appeals, cajolings, etc., when the Essential converting the Ordinance into an Act, Commodities Ordinance was issued on 5th November, mcst of us in the country had felt that, that was a red-letter day in our history. We had felt that the time had borne when the Government had realised that as the entire food problefti or most of it was due to the misdeeds of