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.
Items 12 to 21 of Rule 3.3.2 of the Food Safety and Standards Rules, 2011 say what happens if an appellant does not re-serve a notice, what the Tribunal can do when a respondent does not appear, how objections are filed, how parties inspect the Tribunal's records and how documents are produced. If you are a party in an appeal, these steps can decide whether your case is heard on merits. For advice, see our legal consultation page.
If an appellant fails to take steps to re-serve an unserved notice, the Registrar can post the case for dismissal for non-prosecution. If a properly served respondent does not appear, the Tribunal may hear the appeal ex parte and pass final orders on merits. Parties can inspect the records by application to the Registrar, in the prescribed form, three days in advance, on payment of the fee by demand draft, and under supervision; the inspector may note only in pencil. Discovery and production of documents follow the Civil Procedure Code, 1908, and the Tribunal may summon public documents suo motu. This article follows the compendium Version I of 1 April 2025.
The ten items at a glance
| Item | Topic | Key point |
|---|---|---|
| 12 | Failure to take steps for fresh notice | Registrar posts the case for further directions or dismissal for non-prosecution |
| 13 | Respondent does not appear | Tribunal may hear ex parte and pass final orders on merits |
| 14 | Respondent's objections | If directed, file within the time allowed; verified like an appeal; leave needed for new facts; three copies after serving the other side |
| 15 | Inspection of records | Parties, advocates or authorised representatives may apply to the Registrar and pay the fee |
| 16 | Grant of inspection | Prescribed form; filing counter between 10:30 a.m. and 3:00 p.m.; three days before the date sought unless the Registrar permits otherwise |
| 17 | Inspection fee | As specified by the Food Authority; demand draft in favour of "Registrar, Food Safety Appellate Tribunal" |
| 18 | Mode of inspection | Immediate presence of an authorised officer; no damage; no marking; pencil notes only |
| 19 | Register of inspection | Kept by the Registry; inspector signs the register and the application |
| 20 | Production of documents | Regulated by the Civil Procedure Code, 1908, except as provided; the application must state the documents, their relevance and whether a certified copy would do |
| 21 | Suo motu summoning | Tribunal may summon public documents or documents held by a public officer |
Items 12 and 13: defaults
Item 12 applies where a summons was issued and returned unserved, and the appellant, applicant or petitioner fails to take the necessary steps within the period ordered by the Tribunal from the date of return. The Registrar posts the case before the Tribunal for further directions or dismissal for non-prosecution. This links to the seven-day re-service step in part 1.
Item 13 covers the other side's default. If the respondent, despite effective service of summons or notice, does not appear on the date fixed, the Tribunal "may proceed to hear the appeal or application or petition ex parte and pass final orders on merits". A respondent, such as the Food Safety Officer or the Designated Officer's office, should not assume the Tribunal will wait.
Item 14: the respondent's objections
If the Tribunal directs, the respondent files objections or a counter within the time it allows. They are verified as an appeal or petition would be, and leave of the Tribunal is needed wherever new facts are introduced for the first time. If permitted to file, the respondent files three copies after serving copies on the appellant, the advocate on record or the authorised representative. Compare the 30-day reply in Rule 3.3.1(11).
Items 15 to 19: inspection of records
- Who and how (item 15). The parties, their advocate or authorised representative may inspect the records by applying to the Registrar and paying the prescribed fee.
- Application (item 16). In the prescribed form, presented at the filing counter between 10:30 a.m. and 3:00 p.m. on a working day, three days before the inspection date, unless the Registrar otherwise permits. The Registry submits it with remarks and the Registrar passes orders.
- Fee (item 17). As specified by the Food Authority, payable on any application for inspection of a pending or decided case, by demand draft in favour of "Registrar, Food Safety Appellate Tribunal", payable where the Tribunal is located. The compendium gives no amount.
- Inspection (item 18). The Registry procures the records and allows inspection on the date and time fixed, in the immediate presence of an authorised officer. The person inspecting must not dislocate, mutilate, tamper with or damage records, must not mark any record, and may take notes only in pencil. The supervising officer may stop the inspection if damage is likely or the rules are breached, and reports to the Registrar.
- Register (item 19). The Registry keeps a Register of Inspection; the person inspecting signs it and the application at the end.
Item 16 cross-refers to "Rule 3.3.3 (15)", and item 11 to "Rule 3.3.3 (9)". These numbers appear as printed in the compendium; the inspection provisions are items 15 to 19 of Rule 3.3.2 itself, so read them that way.
Items 20 and 21: documents
Item 20. Except as otherwise provided, discovery, production and return of documents are regulated by the Civil Procedure Code, 1908. An application for summons to produce documents must set out which documents, their relevance, and, where a certified copy would do, whether application was made to the proper officer and the result. This matches section 71(2)(b) of the Act, which gives the Tribunal civil court powers to require discovery and production of documents and electronic records.
Item 21. Despite the other rules, the Tribunal may suo motu summon public documents or documents in the custody of a public officer.
Practical examples
Example 1. A notice to the respondent is returned unserved. The appellant does nothing for the period the Tribunal fixed. The Registrar posts the case for further directions or dismissal for non-prosecution.
Example 2. The respondent was served but does not turn up. The Tribunal hears the appeal ex parte on the day and passes final orders on merits.
Example 3. An operator's advocate wants to see the records before hearing. He applies on the prescribed form at the filing counter at 11 a.m., three days ahead, and sends the fee by demand draft. On the day, he inspects in an officer's presence, takes pencil notes and signs the register.
Example 4. An appellant needs an inspection report that sits with a public officer. He applies for summons, stating the document, its relevance and whether he has tried for a certified copy first.
Need help with an appeal in progress?
Missing a re-service step or an inspection slot can weaken an appeal. TaxClue can help you plan the filings and inspections with your advocate through our legal consultation service, based on the written Rules.
Key takeaways
- Failure to re-serve notice can lead to dismissal for non-prosecution.
- A respondent who is served but does not appear can be heard ex parte.
- Objections need leave for new facts and are filed in three copies.
- Inspection needs an application three days ahead, a fee by demand draft and supervision; notes in pencil only.
- Document production follows the Civil Procedure Code, 1908; the Tribunal may summon public documents on its own.
Read next
- Rule 3.3.2 (part 1): sittings, records and issue of notice
- Rules 3.3.3 and 3.3.4: Registrar and orders of the Tribunal
- Rule 3.3.1: appeal to the Appellate 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.