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 3.3.2 of the Food Safety and Standards Rules, 2011 collects the housekeeping rules of the Food Safety Appellate Tribunal. This article covers the first eleven items: sitting and filing hours, language, seal, the format of directions, the cause list, records, calling of cases, and how notices and summons are issued and re-issued. Anyone with an appeal pending should know these. For help, see our legal consultation page.
The Tribunal ordinarily sits 11:00 to 1:30 and 2:30 to 5:00, and the registry's filing counter is open 11:00 to 4:30 on working days. Proceedings are in English or the local language, and any other-language document needs an English translation. Notices come with copies of the appeal and documents; the Tribunal may allow private service, in which case the party files an affidavit of service. If a notice is returned unserved, the appellant must take steps to serve afresh within seven days of the notice-board entry. This article follows the compendium Version I of 1 April 2025, items 1 to 11 of Rule 3.3.2.
The eleven items at a glance
| Item | Topic | Key point |
|---|---|---|
| 1 | Sitting and working hours | Sittings ordinarily 11:00 a.m. to 1:30 p.m. and 2:30 p.m. to 5:00 p.m., subject to the Presiding Officer's order; office hours as per the State Government's; filing counter 11:00 a.m. to 4:30 p.m. on working days |
| 2 | Language | English or the local language; other-language documents need a true English translation |
| 3 | Official seal | As the Presiding Officer specifies; kept by the Registrar; affixed only under the Registrar's written authority |
| 4 | Format of directions | Issued in the Presiding Officer's name, signed by the Registrar or authorised officer, dated, and sealed |
| 5 | Cause list carry-forward | If the Tribunal does not function on a day, that day's cause list is treated as the next working day's list, in addition to cases already posted |
| 6 | Record of proceedings | Case diaries kept by the clerk-in-charge, legibly |
| 7 | Order sheet | Kept in every proceeding, with all orders, reference number, date and short cause title |
| 8 | Calling of cases | Called in serial order of the cause list, subject to the Presiding Officer |
| 9 | Issue of notice | Copies of appeal, supporting affidavit and documents go with the notice |
| 10 | Summons | Private service requires service by registered post or courier and an affidavit of service |
| 11 | Fresh notice | Returned notice is put on the notice board; appellant acts within seven days |
Items 1 to 4: hours, language, seal and format
Hours. The compendium sets ordinary sitting hours but leaves room for the Presiding Officer to change them by order. The Tribunal's office follows the working hours of the State Government where it is located, and the filing counter of the Registry is open on all working days from 11:00 a.m. to 4:30 p.m. File well before the closing time.
Language. Proceedings can be in English or the State's local language. A document in any other language will not be accepted unless a true English translation is filed with it.
Seal and format. The Tribunal's official seal is kept by the Registrar. It is not placed on any order, summons or other process, or on a certified copy, without the Registrar's written authority, subject to general or special directions of the Presiding Officer. Every direction, summons, warrant or other mandatory process is issued in the Presiding Officer's name, signed by the Registrar or another officer he specifically authorises, dated and sealed.
Items 5 to 8: cause list and records
If the Tribunal does not sit on a day, because of a holiday or an unforeseen reason, the daily cause list for that day becomes the list for the next working day, in addition to the cases already listed for it. So a matter can be called the next day without fresh notice. Keep in touch with the registry.
Item 6 requires case diaries for each appeal, with a concise history and the substance of orders. Item 7 requires an order sheet in every proceeding listing all orders with the reference number, the date and the short cause title. Item 8 says the clerk-in-charge calls cases in serial order, subject to the Presiding Officer.
Items 9 to 11: notices and summons
Issue of notice (item 9)
Where the Tribunal issues notice of an appeal, petition or application, copies of the notice, the supporting affidavit and other documents filed with it are served on the other side. The copies show the date of presentation, the name and full address of the advocate for service, and any interim order made. The Tribunal may order notice in a suitable case and allow service by private service; then it is for the party to file an affidavit of service with proof.
Summons by private service (item 10)
Where summons or notice is ordered by private service, the appellant, applicant or petitioner must, unless already served in advance, serve the copy of the appeal or application by registered post or courier and file an affidavit of service with proof of acknowledgement before the date fixed for hearing.
Notices returned unserved (item 11)
If a notice is returned unserved, the fact and reason are notified on the Registry's notice board. The appellant or applicant must, within seven days of that notification, take steps to serve the notice afresh. Item 11 cross-refers to "Rule 3.3.3 (9)" for the circumstances not covered; that reference appears as printed in the compendium and does not match any item numbered 9 in Rule 3.3.3 (which has four sub-rules), so read it as a pointer to the service provisions generally and ask the registry if it matters to your case. Item 12, which deals with failure to take steps, is covered in part 2.
Practical examples
Example 1. An appellant reaches the registry at 4:45 p.m. on a working day to file a memorandum. The filing counter closes at 4:30 p.m., so the appeal should be presented on the next working day (or sent by registered post). Watch the 30-day limit in Rule 3.3.1.
Example 2. The Presiding Officer does not sit on a day for which the appeal is listed. The cause list for that day carries forward to the next working day.
Example 3. The Tribunal allows private service. The appellant sends the notice by courier, keeps the acknowledgement and files an affidavit of service before the hearing date.
Example 4. The respondent's notice returns unserved and is put on the notice board on the 10th. The appellant must take steps to serve afresh within seven days of that notification.
Need help with Tribunal procedure?
Procedural slips, such as a late filing or an unserved notice, can cost time in an appeal. TaxClue can help you understand the registry requirements and plan your filings through our legal consultation service. We explain the written Rules; we do not guarantee outcomes.
Key takeaways
- Sitting hours are ordinary, not fixed; the filing counter closes at 4:30 p.m.
- Use English or the local language, with translations for other languages.
- The cause list carries forward if the Tribunal does not sit.
- Private service needs an affidavit of service with proof.
- An unserved notice must be re-served within seven days of the notice-board entry.
Read next
- Rule 3.3.1: appeal to the Appellate Tribunal
- Rule 3.3.2 (part 2): tribunal defaults, inspection and production of documents
- Rules 3.3.3 and 3.3.4: Registrar and orders of the Tribunal
- 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.