Rules 3 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Rules 3.2.1 and 3.2.2 of the Food Safety and Standards Rules, 2011 say who can head the Food Safety Appellate Tribunal, how the person is chosen, how long the term lasts, what pay and benefits apply and when the Presiding Officer can be removed. These rules matter to a food business because the Tribunal hears appeals against Adjudicating Officers' orders. For legal help on an appeal, see our legal consultation page.
A Presiding Officer must be a District Judge (serving or former) under 65 on the date of appointment. The State Government selects, on the recommendation of a three-person panel: a serving High Court Judge, the State Law Secretary and the Secretary of the concerned department. The term is five years or until age 65, whichever is earlier. Pay and benefits follow those of a District Judge of the State. Removal for certain grounds needs a High Court Judge's inquiry. This article follows the compendium Version I of 1 April 2025.
The Act's framework
Section 70 of the Act lets the Central or State Government establish one or more Food Safety Appellate Tribunals to hear appeals from the Adjudicating Officer's decisions under section 68. The Tribunal consists of one person only, the Presiding Officer, and no person is qualified unless he is or has been a District Judge. Section 70(4) leaves the qualifications, appointment, term, salary and allowances, resignation and removal to be prescribed by the Central Government. Rules 3.2.1 and 3.2.2 are that prescription. For the Act, see sections 76 and 77 on appeal and the existing guide to appeals before the Tribunal.
Rule 3.2.1: qualification and selection
| Sub-rule | Requirement |
|---|---|
| 1 | No person is qualified unless he is or has been a District Judge and has not attained 65 years on the date of appointment |
| 2 | The Presiding Officer is selected by the State Government in which the Tribunal is located. The selection panel has three persons: a serving Judge of the High Court there, the Law Secretary of the State Government and the Secretary of the concerned department |
| 3 | The panel's recommendation is decided by majority; it is sent to the State Government, which takes the steps needed to notify the appointment; if more than one candidate is recommended, the panel ranks them in order of merit |
Rule 3.2.2: terms and conditions
Term and vacancy
The Presiding Officer holds office for five years from the date he assumes office or until he attains 65, whichever is earlier. If a vacancy occurs for a reason other than temporary absence, the Central or State Government, as the case may be, appoints another person in accordance with the Act, and the proceedings continue from the stage at which the vacancy occurred. That last point protects parties: an appeal does not start afresh because the Presiding Officer has changed.
Salary and benefits
- Salary: as admissible to a serving District Judge of the State where the Tribunal is located. If the Presiding Officer receives a retirement benefit such as pension, gratuity or employer's contribution to a provident fund, the pay is reduced by the gross amount of it.
- Travelling allowance, daily allowance and related matters: same scale as a District Judge of that State.
- Leave travel concession: same rates and scale as a District Judge.
- Conveyance: a staff car as applicable to a District Judge.
- Medical treatment and hospital facilities: as under the service rules applicable to a District Judge of that State.
Resignation and removal
The Presiding Officer may resign by written notice to the Government that appointed him. That Government may remove him if he:
- has been adjudged insolvent;
- has been convicted of an offence that, in its opinion, involves moral turpitude;
- has become physically or mentally incapable of acting;
- has acquired a financial or other interest likely to affect his functions prejudicially; or
- has so misbehaved or abused his position as to make his continuance prejudicial to the public interest.
For grounds 4 and 5, the proviso requires an order after an inquiry by a serving or retired Judge of the High Court, in which the Presiding Officer has been told of the charges and given a reasonable opportunity to be heard, and the person conducting the inquiry reports that he ought to be removed. For grounds 1, 2 and 3, the decision is to be based on convincing evidence or documentary proof on the basis of a speaking order.
Residuary powers and power to relax
Matters of service conditions with no express provision are referred to the Government concerned, whose decision binds the Presiding Officer. That Government can also relax any of these rules relating to the Presiding Officer.
Why a litigant should care
The rules do not give a party a right to challenge the choice of Presiding Officer, but they set the standard: a judicial officer with District Judge experience, chosen through a panel that includes a High Court Judge. They also show that the Tribunal's location decides which State Government makes the appointment, which is why appeals go to the Tribunal for the area (see Rule 3.3.1).
Practical examples
Example 1. A retired District Judge aged 63 is recommended by the panel. He is qualified because he has been a District Judge and is under 65 on appointment. He holds office for five years or until he is 65, whichever is earlier, so the term ends at 65.
Example 2. The Presiding Officer retires mid-hearing and a new person is appointed. Under Rule 3.2.2(1) the proceedings continue from the stage at which the vacancy occurred.
Example 3. A Presiding Officer drawing a pension is paid the District Judge's salary minus the gross pension amount.
Need help with an appeal before the Tribunal?
If an Adjudicating Officer's order has gone against you and you are weighing an appeal, TaxClue can help you understand the forum and procedure through our legal consultation service. Our guidance is based on the written text of the Act and Rules.
Key takeaways
- The Presiding Officer is a serving or former District Judge under 65 at appointment.
- A three-person panel, including a High Court Judge, recommends; the State Government appoints.
- The term is five years or until 65, whichever is earlier.
- Pay follows a District Judge's, reduced by any pension.
- Removal on some grounds needs a High Court Judge's inquiry.
- Proceedings continue from where they were if a vacancy is filled.
Read next
- Rule 3.3.1: appeal to the Appellate Tribunal
- Sections 76 and 77: appeal and time limit for prosecutions
- Food Safety Appellate Tribunal: appeals process
- FSSAI appellate tribunal rules
Disclaimer: Based on the Food Safety and Standards Act, 2006 as enacted, read with the Jan Vishwas (Amendment of Provisions) Act, 2023 where it applies (ss.59, 61 and 63 only), and the FSS Rules, 2011 (compendium Version I of 1 April 2025). Verify current notifications, regulations and FSSAI orders before acting.