Section 3.3   [ View Judgements ]

Procedure for Appeal to Appellate Tribunal and Connected matters therewith


3.3.1 Appeal to Appellate tribunal

1. Limitation for filing appeal: Every appeal under section 70 of the Act, arising out of a decision of the Adjudicating Officer appointed under section 68 of the Act, shall be filed within a period of 30 days from the date on which the copy of the order against which the appeal is filed, is received by the appellant.

Provided however that the Appellate Tribunal may allow a maximum of another 30 days to entertain an appeal if it is satisfied that there was sufficient cause for not filing the appeal within first 30 days.

2. Form and procedure of appeal

(i) A memorandum of appeal shall be presented in Form X by any aggrieved person in the registry of the Appellate Tribunal or shall be sent by registered post addressed to the Registrar.

(ii) A memorandum of appeal sent by post shall be deemed to have been presented in the registry on the day it is received in the registry

3. Contents of Memorandum of Appeal

(i) Every Memorandum of Appeal filed under Rule 3.3.1 (2) shall set forth concisely under distinct heads, the grounds of such appeal and such grounds shall be numbered consecutively.

(ii) It shall not be necessary to present separate memorandum of appeal to seek interim order or direction, if the same is prayed for in the Memorandum of Appeal.

4. Manner of presentation of appeal or application or petition

(i) Every appeal or petition or application presented to the Appellate Tribunal shall be in English or the local language of the state and shall be fairly and legibly type written or printed, in double spacing on one side of standard petition paper, duly paginated, indexed and stitched together in paper book form.

(ii) Appeal or petition or application shall be divided into paragraphs and shall be numbered consecutively.

5. Initialing alteration

Every interlineations erasing or correction or deletion in any appeal or petition or application filed before the Appellate Tribunal shall be initialed by the party or his authorized agent in writing or the party’s advocate presenting the same.

6. Presentation of appeal, petition or application

(i) Every appeal, petition or application shall be presented in triplicate by the appellant or the petitioner or the applicant, as the case may be, in person or by his duly authorized agent in writing or by an advocate duly appointed in this behalf and shall be accompanied, wherever applicable, with the stipulated fee.

(ii) Every appeal shall be accompanied by the certified copy of the impugned order.

7. Scrutiny of memorandum of appeal

(i) The Registrar shall endorse on every appeal the date on which it is presented under Rule 3.3.1 or deemed to have been presented under that rule and shall sign endorsement.

(ii) If on scrutiny, the appeal is found to be in order, it shall be duly registered and given a serial number.

(iii) If on scrutiny, the appeal or petition or application is found to be defective, the same shall, after notice to the party, be returned for compliance and if within 21 days of receipt of such notice or within such extended time as may be granted by the Registrar, the defect is not rectified, the Registrar, may, for reasons to be recorded in writing, decline to register the appeal or petition or application.

8. Ex-parte amendments

(i) In every appeal or petition or application, arithmetical, grammatical, clerical and such other errors may be rectified on the orders of the Registrar under notice to the parties.

9. Service of appeal on the respondent

A copy of the Memorandum of Appeal and the paper book shall be served by the Registrar on the Respondent as soon as they are registered in the registry, by hand delivery or by Registered post or speed post.

10. Calling for records

On the admission of the appeal or the application or petition, the Registrar shall, if so directed by the Appellate Tribunal, call for the records relating to the proceedings from the respective Adjudicating Officer and re-transmit the same at the conclusion of the proceedings or thereafter.

11. Reply to the appeal by the Respondent

(i) Respondent may, within 30 days of service of notice of appeal file with the registry three complete sets containing reply to the appeal along with the documents in a paper book form.

(ii) A copy of every reply and a copy of every document/material annexed to the reply, relied on by the Respondent, shall be served on the appellant by the respondent.

12. Fee

(i) Every Memorandum of appeal shall be accompanied with a fee provided in sub-rule (;7) and such fee shall be remitted in the form of crossed demand draft drawn on a nationalized bank in favour of "Registrar, Food Safety Appellate Tribunal" payable at the station where the Appellate Tribunal is located.

(ii) The amount of fee payable in respect of appeal against adjudication orders passed under section 68 of the Act shall be as follows:-

SI No. Amount of penalty imposed

Amount of fee payable

1. Less than Rupees 10,000/-

Rs. 500/-

2. Rupees Ten thousand or more but less than Rupees One lakh

Rs. 1,500/-

3. Rupees One lakh or more Rs. 1500/- plus

Rupees 500/- for every additional one lakh of penalty or fraction thereof subject to a maximum ofRs.5,000/-



3.3.2 General matters relating to Appellate Tribunal

1. Sitting hours of the Appellate Tribunal

The sitting hours of the Appellate Tribunal shall ordinarily be from 11:00 a.m. to 1:30 p.m. and from 2:30 p.m. to 5:00 p.m., subject to any order issued by the Presiding Officer.

Working hours of the Appellate Tribunal

(i) The office of the Appellate Tribunal shall remain open on all working days on which the State Government Offices remain open and the working hours of the office of the Appellate Tribunal shall be as applicable to working hours of the State Government in which the Appellate Tribunal is located.

(ii) The filing counter of the Registry shall remain open on all working days from 11:00 a.m. to 4:30 p.m.

2. Language of the Appellate Tribunal

(i) The proceedings of the Appellate shall be conducted in English or the local language of the state.

(ii) No document filed in the proceedings before the Appellate Tribunal in any language other than English, shall be accepted by the Appellate Tribunal unless the same is accompanied by a true copy of translation thereof in English.

3. Official seal of the Appellate Tribunal

(i) The official seal of the Appellate Tribunal shall be such, as the Presiding Officer may from time to time specify.

(ii) The official seal of the Appellate Tribunal shall be kept in the custody of the Registrar.

(iii) Subject to any general or special direction given by the Presiding Officer, the official seal of the Appellate Tribunal shall not be affixed to any order, summons or other process, save under the authority in writing from the Registrar.

(iv) The official seal of the Appellate Tribunal shall not be affixed to any certified copy issued by the Appellate Tribunal, save under the authority in writing of the Registrar.

4. Format of direction or rule

Every direction, summons, warrant or other mandatory process shall be issued in the name of the Presiding Officer and shall be signed by the Registrar or any other officer specifically authorized in that behalf by the Presiding Officer, with the day, month and year of signing and shall be sealed with the seal of the Appellate Tribunal.

5. Carry forward of cause list and adjournment of cases on account of non-sitting of the Appellate Tribunal

If by reason of declaration of holiday or for any other unforeseen reason, the Appellate Tribunal does not function for the day, the Daily Cause List for that day shall, unless otherwise directed, be treated as the Daily Cause List for the next working day, in addition to the cases already posted for that day.

6. Record of Proceedings

Case Diaries, in each appeal, shall be kept by the clerk-in charge in such form as may be prescribed by the Presiding Officer and they shall be written legibly. The diary in the main file shall contain a concise history of the appeal or petition or application, and the substance of the order(s) passed thereon.

7. Order sheet

(i) Order sheet shall be maintained in every proceeding and shall contain all orders passed by the Appellate Tribunal from time to time.

(ii) Order sheet shall also contain the reference number of the appeal or petition or application, date of order and all incidental details including short cause title thereof.

8. Calling of cases in the Appellate Tribunal

Subject to any direction that may be given by the Presiding Officer, the clerk-in-charge shall call the cases listed in the cause list in the serial order.

9. Issue of notice

(i) Where notice of an appeal or petition or application is issued by the Appellate Tribunal, copies of the same, the Affidavit in support thereof and the copy of other documents filed therewith, if any, shall be served along with the notice on the other side.

(ii) The aforesaid copies shall show the date of presentation of the appeal or petition or application and the name of the advocate of such party, with his full address for service and the interim order, if any, made thereon.

(iii) The Appellate Tribunal may order for issuing notice in appropriate cases and also permit the party concerned for service of the said notice on the other side-by private service and in such case, deliver the notice to such party and it is for such party to file affidavit of service with proof.

10. Summons

Whenever summons or notice is ordered by private service, the appellant or applicant or petitioner as the case may be, unless already served on the other side in advance, shall arrange to serve the copy of appeal or application or petition by registered post or courier service and file affidavit of service with its proof of acknowledgment before the date fixed for hearing.

11. Steps for issue of fresh notice

If any notice is returned unserved in the circumstances not specified in Rule 3.3.3 (9) that fact and the reason thereof shall be notified immediately on the notice board of the Registry. The appellant or applicant or petitioner shall within seven days from date of such notification takes steps to serve the notice afresh.

12. Consequence of failure to take steps for issue fresh notice

Where after a summon has been issued to the other side and returned unserved and the appellant or applicant or petitioner, as the case maybe, fails to take necessary steps within a period as ordered by the Appellate Tribunal from the date of return of the notice on the respondent/s, the Registrar shall post the case before the Appellate Tribunal for further directions or for dismissal for non-prosecution.

13. Default of appearance of respondent and consequences

Where the respondent, despite effective service of summons or notice on him does not appear before the date fixed for hearing, the Appellate Tribunal may proceed to hear the appeal or application or petition ex parte and pass final orders on merits.

14. Filing of objections by respondent

(i) The respondent, if so directed by the Appellate Tribunal, shall file objections or counter within the time allowed by the Appellate Tribunal. The objections shall be verified as an appeal or petition and wherever new facts are sought to be introduced for the first time, leave of the Appellate Tribunal shall be obtained.

(ii) The respondent, if permitted to file objections or counter in any proceeding shall also file three copies thereof after serving copies of the same on the appellant or applicant or the petitioner or their Advocate on record or the authorized representative, as the case may be.

15. Inspection of records

The parties to any proceedings before the Appellate Tribunal or their Advocate or the authorized representative may be allowed to inspect the records of such proceedings by making an application in that behalf to the Registrar and paying the prescribed fee for such inspection.

16. Grant of inspection

(i) An application for inspection of record under Rule 3.3.3 (15) shall be in the prescribed form and presented at the filing counter of the Registry between 10:30 a.m. and 3:00 p.m. on any working day and three days before the date on which the inspection is sought, unless otherwise permitted by the Registrar.

(ii) The Registry shall submit the application with its remarks .before, the .Registrar, who shall on consideration of the same, pass appropriate orders.

17. Fee payable for inspection

Fee as may be specified by the Food Authority shall be payable on any application for inspection of records of a pending or decided case. Such fee shall be paid by way of Demand Draft to be drawn in favour of "Registrar, Food Safety, Appellate Tribunal" and payable at the place where the Appellate Tribunal is located.

18. Mode of inspection

(i) On grant of permission for inspection of the records, the Registry shall arrange to procure the records of the case and allow inspection of such records on the date and time fixed by the Registrar in the immediate presence of an officer authorised in that, behalf.

(ii) The person inspecting the records shall pot in any manner cause dislocation, mutilation, tampering or damage to the records in the course of inspection.

(iii) The person inspecting the records shall not make any .marking on any record or paper so inspected arid taking notes, if any, of the documents or records inspected may be done only in pencil.

(iv) The officer of the Registry supervising the inspection may at any time prohibit further inspection, if in his opinion, any of the records are likely to be damaged in the process of inspection or the person inspecting the records has violated or attempted to violate the provision’s of these rules and shall immediately make a report about the matter to the Registrar and seek further orders from the Registrar.

19. Maintenance of Register of Inspection

,The Registry shall maintain a Register for the purpose of inspection of documents or records and shall obtain therein the signature of the person making such inspection on the Register as well as on the application on the conclusion of inspection.

20. Application for production of documents and form of summons

(i) Except as otherwise provided hereunder, discovery or production and return of documents shall be regulated by the provisions of Civil Procedure Code, 1908. ‘

(ii) An application for summons to produce documents shall set out the document/s production of which is sought; the relevancy of the document/s and in case where the production of a certified copy would serve the purpose, whether application was made to the proper officer and the result thereof.

21. Suo mote-summoning of documents

Notwithstanding anything contained’ in these rules, the Appellate Tribunal, may, suo motu, issue summons for production of public documents or other documents in the custody of a public officer.

3.3.3:Powers and functions of the Registrar and related matters

1. The Registrar shall discharge his functions under the general superintendence of the Presiding Officer. He shall discharge such other functions as are assigned to him under these rules by the Presiding Officer.

2. The Registrar shall have the custody of the records of the Appellate Tribunals =1 .

3. The Registrar shall have the following powers and functions viz.

(i) registration of appeals, petitions and applications;

(ii) to receive applications for amendment of appeal or the petition or application "Or subsequent proceedings

(iii) subject to the directions of the Presiding Officer, to fix, date of hearing of the appeal or other proceedings and issue notices thereon.

(iv) to order grant of copies of documents to parties to, proceedings.

(v) to dispose of all matters relating to the service of notices or other processes, application for the issue of fresh notice or for extending the time for or ordering a particular method of service on a respondent including a substituted service by publication of: the notice by way of advertisement in the newspapers.

(vi) to requisition records from the custody of the Adjudicating officer or any other authority.

4. Preparation and publication of daily cause list:

(i) The Registry shall prepare and publish on the Notice Board of the Registry before the closing of working hours on each working day, the cause list for the next working day and subject to the directions of the Presiding Officer, listing of cases in the Daily Cause-List shall be in the following order of priority: cases for "pronouncement of orders"

(a) cases for "clarification"

(b) cases for "admission"

(c) cases for "orders or directions"

(d) part-heard cases, latest part-heard having precedence

(e) cases posted as per numerical order or as directed by the Presiding Officer

(ii) The title of the daily cause list shall contain the number of the appeal or petition or application number, the day, date and time of the sitting of the Appellate Tribunal and the Coram indicating the name of the Presiding Officer.

(iii) Against the number of each case listed in the daily cause list, the following shall be shown namely

(iv) the name/s of the advocate/s appearing for both sides and setting in brackets the details of the parties whom they represent

(v) the names of the parties, if unrepresented, with their details in brackets

(vi) The objections and special directions, if any, of the Registry shall be briefly indicated in the daily cause list in remarks column, whenever compliance is required.

3.3.4: Orders of Appellate Tribunal and related matters

1. Order

(i) Every order of the Appellate Tribunal shall be signed and dated by the Presiding Officer. The Presiding Officer shall have powers to pass interim orders or injunction, subject to reasons to be recorded in writing, which he considers necessary in the interest of justice.

(ii) Orders shall be pronounced in the sitting of the Appellate Tribunal by the Presiding Officer

(iii) Reading of the operative portion of the order shall be deemed to be pronouncement of order.

(iv) When orders are reserved, the date for pronouncement of order shall be notified in the cause list which shall be a valid notice of intimation of pronouncement.

2. Communication of orders

A certified copy of every order passed by the Appellate Tribunal shall be communicated to the Adjudicating Officer and to the parties, as the case may be.

3. Publication of orders

The orders of the Appellate Tribunal, as are deemed fit for publication in the press may be released for such publication on such terms and conditions as the Presiding Officer may specify.

4. Making of entries

Immediately on pronouncement of an order by the Presiding Officer, the Registrar shall make necessary endorsement on the case file regarding the date of such pronouncement and the nature of disposal and shall also make necessary entries in the diary maintained by him.

5. Indexing of caw files after disposal’

After communication of the order to the parties or their counsel, the Registry shall arrange the records with pagination and prepare in the Index Sheet in such form as may be prescribed by the Appellate Tribunal. He shall affix initials and then transmit the records with the Index to the records room.

6. Copies of orders in library

(i) The Officer in charge of the Registry shall send copies of every final order to the library.

(ii) Copies of all final orders received in each month shall be kept at the library in a separate folder, arranged in the order of date of pronouncement, duly indexed and stitched.

7. Removal of difficulties and issue of directions

Notwithstanding anything contained in these rules, wherever the rules are silent or no provision is made, the Presiding Officer may issue appropriate directions to remove difficulties and issue such order or circulars to govern the situation or contingency that may arise in the working of the Appellate Tribunal.












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