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Updated 17 Aug, 2015 11:03am

Confusion over PFA jurisdiction

LAHORE: The Punjab Food Authority (PFA) seems reluctant to carry out its inspection against eateries in Lahore and Walton Cantonment boards and the Defence Housing Authority on account of some ‘legal aspects’ related to its jurisdiction.

The PFA teams are limited to inspect eateries, seal and impose heavy fines on them in areas falling within the territorial jurisdiction of the City District Government of Lahore, as they are not allowed to conduct their operations in the limits of cantonment boards and the DHA.

“Since long we have been receiving many complaints from residents of cantonment areas regarding hygiene and cleanliness issues at local and international food restaurants. But we cannot inspect or take action against them because senior officials have informed us that these areas don’t fall in our jurisdiction,” a PFA official told Dawn on the condition of anonymity.


Eateries in Cantonment, DHA making the most of ‘legal technicalities’


"When traffic wardens can perform duties at various thoroughfares and intersections in the cantonment and DHA then why the PFA teams are asked to consider the jurisdiction issue and avoid taking action against eateries operating in such areas. Since there are many complaints, we must go there for the sake of public health,” the official said.

He quoted the example of the CDGL’s food wing that was made redundant after the inception of the PFA in 2011. And it (the PFA) was mandated to perform such activities in strict professional manner in the light of existing laws and the international food safety and handling standards across the province by initially starting work from Lahore.

“The government took the decision after it believed that the CDGL’s food wing is no more capable of handling such issues professionally. I think the PFA is the only authority which should carry out its activities across the province, including cantonment areas. But our seniors look to be a bit confused over the jurisdiction issue of the CDGL and cantonments,” the official said.

The PFA Act-2011 declares the authority as a provincial level body and its scope of work is not limited to the jurisdiction of the CDGL alone. “This Act may be cited as the Punjab Food Authority Act-2011. And it extends to the whole of Punjab,” the Act’s chapter-1 (preliminary portion) reads.

Similarly, the Chapter-II of the Act empowers a food safety officer to enter any premises, where he/she believes any food is prepared, preserved, packaged, stored, conveyed, distributed or sold, and take action either in the form of seizing unhygienic food, sealing the premises, serving improvement notice or imposing fine on the owner of such eateries.

The two senior officials -- PFA’s Director-General Dr Sajid Chauhan and Lahore Commissioner Abdullah Khan Sumbal -- have different point of view and understanding over the jurisdiction issue.

The DG says the PFA cannot inspect eateries in the cantonment areas as their two boards already have their own food inspection mechanism being run by food inspectors.

“Actually they (the cantonment boards) have their own food checking system, which, I think, is working well. We have also tried informally to assist and build capacity of their food inspectors, but it is yet to be matured,” Mr Chauhan said.

He said though technically the jurisdiction was not a big issue, the PFA desired to first focus on the areas of CDGL. The PFA also lacked adequate number of food and assistant food safety officers, making it unable to cover all parts of Lahore, including the cantonment.

“We have only 24 FSOs/AFSOs at the moment. And we have asked the government to allow us recruiting more officers,” he added.

Mr Chauhan said the PFA had earlier forwarded various complaints related to eateries to cantonment executive officials and they took immediate action in this regard under rules and regulations.

“We are also trying to make a separate dashboard of cantonment boards and the DHA in the CDGL’s Zimadari Shehri helpline and website. This will enable cantonment officials concerned to take action whenever they receive complaints directly,” he explained.

The Lahore Commissioner, who often coordinates some project-nature activities with the PFA, claims that there is no problem in inspecting eateries in cantonment areas by the PFA because its own Act empowers it to do so.

Mr Sumbal termed the PFA a provincial state-run body that was empowered to take action against eateries in cantonment and DHA areas. “The PFA’s own Act empowers it well and there should be no problem in taking such actions in the areas falling within cantonment or DHA jurisdictions,” he believed.

He quoted some precedents when the CDGL’s price control magistrates raided shops, outlets and stores in cantonment areas for regulating price mechanism.

He said since there was no problem or objection from any side, the PFA could legally inspect eateries operating in cantonments and DHA.

Published in Dawn, August 17th, 2015

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