18Giving of opportunity to the owner of the seized infant milk substitute or feeding bottle or infant food or container thereof
(1) No order adjudicating confiscation or directing payment of costs shall be made unless the owner of the infant milk substitute or feeding bottle or infant food or container thereof has been given a notice in writing informing him of the grounds on which it is proposed to confiscate such substitute or bottle or food or container and giving him a reasonable opportunity of making a representation in writing, within such reasonable time as may be specified in the notice, against the confiscation and if he so desires, of being heard in the matter:
Provided that where no such notice is given within a period of ninety days from the date of the seizure of the infant milk substitute or feeding bottle or infant food or container thereof, such substitute or bottle or food or container shall be returned after the expiry of that period to the person from whose possession it was seized.
(2) Save as otherwise provided in sub-section (1), the provisions of the Code of Civil Procedure, 1908 (5 of 1908), shall, so far as may be, apply to every proceeding referred to in sub-section (1).
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- 1 Short title, extent and commencement
- 2 Definitions
- 3 Certain prohibitions in relation to infant milk substitutes, feeding bottles and infant foods
- 4 Prohibition of incentives for the use or sale of infant milk substitutes or feeding bottles
- 5 Donations of infant milk substitutes or feeding bottles or equipment of materials relating thereto
- 6 Information on containers and labels of infant milk substitutes of infant foods
- 7 Educational and other materials relating to feeding of infants to contain certain particulars
- 8 Health care system
- 9 Inducement to health worker for promoting use of infant milk substitutes, etc
- 10 Special provision relating to employees of person who produces, supplies, distributes or sells infant milk substitutes, etc
- 11 Standards of infant milk substitutes, feeding bottles or infant foods
- 12 Powers of entry and search
- 13 Power to seize infant milk substitutes, etc., or containers thereof
- 14 Confiscation
- 15 Power to give option to pay cost in lieu of confiscation
- 16 Confiscation not to interfere with other punishments
- 17 Adjudication
- 18 Giving of opportunity to the owner of the seized infant milk substitute or feeding bottle or infant food or container thereof
- 19 Appeal
- 20 Penalty
- 21 Cognizance of offences
- 22 Offences by companies
- 23 Offences to be cognizable and bailable
- 24 Protection of action taken in good faith
- 25 Application of Act 37 of 1954 not barred
- 26 Power to make rules