Rule 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.
Rule 3.3.1 of the Food Safety and Standards Rules, 2011 is the filing guide for an appeal against an Adjudicating Officer's order. It fixes the time limit (30 days, with a possible further 30), the Form X memorandum, how many copies to file, what the Registrar checks, when the respondent replies and what fee to pay. If you are planning an appeal, see our FSSAI penalty adjudication service.
An appeal under section 70 against an Adjudicating Officer's order must be filed within 30 days of receiving the copy of the order. The Tribunal may allow a maximum of another 30 days if there was sufficient cause. The memorandum of appeal is in Form X, presented in the Tribunal's registry or sent by registered post to the Registrar, in triplicate, with the certified copy of the order and the fee. The Registrar scrutinises it; defects must be cured within 21 days of notice or the Registrar may decline to register. The respondent may reply within 30 days of service. This article follows the compendium Version I of 1 April 2025.
Limitation: the 30 plus 30 days
Sub-rule 1 says every appeal under section 70 arising from an order of the Adjudicating Officer under section 68 "shall be filed within a period of 30 days from the date on which the copy of the order ... is received by the appellant". The proviso lets the Tribunal allow a maximum of another 30 days if it is satisfied that there was sufficient cause for not filing within the first 30 days.
The clock runs from receipt of the copy by the appellant. That is why service of the order matters (see Rule 3.1.2 on service). Note the date and the manner of receipt. The outer limit is 60 days from receipt, and the extra 30 is at the Tribunal's discretion, not as of right. See also Appeal against Adjudicating Officer order.
The filing sub-rules at a glance
| Sub-rule | Topic | What it requires |
|---|---|---|
| 2 | Form and presentation | Memorandum in Form X, presented by the aggrieved person in the registry or sent by registered post to the Registrar; if posted, deemed presented on the day it is received in the registry |
| 3 | Contents | Grounds set out concisely under distinct heads, numbered consecutively; no separate application for interim order if it is prayed for in the memorandum |
| 4 | Manner | In English or the local language, typed or printed, double spacing, one side, paginated, indexed and stitched in paper book form; divided into numbered paragraphs |
| 5 | Alterations | Interlineations, erasures, corrections initialled by the party, authorised agent or advocate |
| 6 | Presentation | In triplicate, by the appellant, authorised agent in writing or advocate, with the stipulated fee; every appeal with the certified copy of the impugned order |
| 7 | Scrutiny | Registrar endorses date and signs; if in order, registered and numbered; if defective, returned after notice; if not rectified in 21 days (or extended time), Registrar may, recording reasons, decline to register |
| 8 | Amendments | Arithmetical, grammatical, clerical errors rectified by Registrar's order under notice to parties |
| 9 | Service | Registrar serves the memorandum and paper book on the respondent on registration, by hand, registered post or speed post |
| 10 | Records | On admission, Registrar calls for the Adjudicating Officer's records if the Tribunal directs, and returns them at the end |
| 11 | Reply | Respondent may file three complete sets within 30 days of service of notice, and serve a copy and annexures on the appellant |
| 12 | Fee | Crossed demand draft on a nationalised bank in favour of "Registrar, Food Safety Appellate Tribunal", payable where the Tribunal sits |
The fee table (Rule 3.3.1(12)(ii))
The fee for an appeal against an adjudication order under section 68 depends on the penalty imposed:
| Amount of penalty imposed | Fee payable |
|---|---|
| Less than Rs 10,000 | Rs 500 |
| Rs 10,000 or more but less than Rs 1 lakh | Rs 1,500 |
| Rs 1 lakh or more | Rs 1,500 plus Rs 500 for every additional one lakh of penalty or fraction thereof, subject to a maximum of Rs 5,000 |
The compendium's third row is laid out untidily, so check the current notified fee schedule with the Tribunal registry before you draw the draft.
Preparing the appeal: a checklist
- Diarise the date you received the copy of the order; count 30 days.
- Collect the certified copy of the order (required).
- Draft the memorandum in Form X with numbered grounds under distinct heads; add a prayer for interim relief in the same document if you need it.
- Type it on the required format: double spaced, one side, paginated, indexed and stitched.
- Prepare three sets and initial every correction.
- Get the demand draft for the fee, in favour of the Registrar, payable at the Tribunal's station.
- File in person, through an authorised agent or an advocate, or send by registered post to the Registrar.
- Answer any defect notice within 21 days.
Practical examples
Example 1. An operator receives the Adjudicating Officer's order and a penalty of Rs 50,000 is imposed. The appeal must be filed within 30 days of the day the copy is received. The fee is Rs 1,500 because the penalty is between Rs 10,000 and less than Rs 1 lakh.
Example 2. The operator is ill and files on day 45 with a medical certificate. The Tribunal may, if satisfied there was sufficient cause, allow the appeal to be entertained, since the outer limit is 60 days.
Example 3. The Registrar notices that the certified copy is missing. The appeal is returned with notice. The appellant has 21 days from receipt of the notice, or longer if the Registrar extends time, to rectify.
Need help filing an appeal?
The window for an appeal is short, and a defective memorandum can be returned. TaxClue can help you review the order, plan the grounds and prepare the paper book as part of FSSAI penalty adjudication support. Please bring the order and the proof of the date you received it.
Key takeaways
- File within 30 days of receiving the order copy; the Tribunal can allow up to 30 more days for sufficient cause.
- Use Form X, in triplicate, with the certified copy of the order and the fee.
- The fee is Rs 500, Rs 1,500 or Rs 1,500 plus Rs 500 per extra lakh (maximum Rs 5,000), by penalty band.
- The Registrar can return a defective appeal; cure it within 21 days.
- The respondent has 30 days from service to reply with three sets.
Read next
- Rule 3.1.2: order of the Adjudicating Officer
- Rules 3.3.2 (part 1): sittings, records and issue of notice
- Rules 3.2.1 and 3.2.2: Presiding Officer of the Tribunal
- Food Safety Appellate Tribunal: appeals process
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.