Section 17 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.
Section 17 of the Food Safety and Standards Act, 2006 is the rulebook for how the Food Authority meets and decides. It says where and when the Authority meets, who presides if the Chairperson is absent, how votes are counted, who authenticates decisions, who attends without a vote, and that no act of the Authority can be questioned merely because of a vacancy or a defect in its constitution.
The Authority meets at its head office or another office when the Chairperson directs, and follows procedure and quorum rules specified by regulations (s.17(1)). Questions are decided by majority of members present and voting, with a casting vote for the presiding person (s.17(3)). All orders and decisions are authenticated by the Chief Executive Officer (s.17(4)), who attends without a vote (s.17(5)). Vacancies or defects in the Authority's constitution do not invalidate its acts (s.17(7)).
Section 17 at a glance
| Sub-section | Rule |
|---|---|
| 17(1) | Meets at the head office or any of its offices, at such time as the Chairperson directs; procedure and quorum as specified by regulations |
| 17(2) | If the Chairperson cannot attend, another Member nominated by the Chairperson presides; failing that, or if there is no Chairperson, a Member chosen by the Members present from among themselves |
| 17(3) | Decisions by majority of Members present and voting; in a tie, the presiding person has a second or casting vote |
| 17(4) | All orders and decisions authenticated by the Chief Executive Officer |
| 17(5) | The CEO takes part in meetings but without a right to vote |
| 17(6) | The Authority may invite the Chairperson of the Scientific Committee to attend, without a right to vote |
| 17(7) | No act or proceedings questioned or invalidated merely because of a vacancy or defect in the constitution of the Authority |
Where and when (s.17(1))
The Food Authority meets at its head office or at any of its offices. Under section 4(3) the head office is at Delhi, and s.4(4) lets the Authority set up offices elsewhere in India, so a meeting can be held at any such office. The Chairperson decides the timing: the Act does not fix a minimum number of meetings. If you need a lawyer's view on whether a particular decision of the Authority was validly made, start with our legal consultation page.
The procedure for transacting business, including the quorum, is left to regulations made by the Food Authority. Section 92 gives the Authority its regulation-making power, and our article on sections 92 and 93 covers it. The Act does not state a quorum number, and this article does not supply one.
Presiding when the Chairperson is absent (s.17(2))
There are three steps, in order:
- The Chairperson presides if present.
- If the Chairperson cannot attend, any other Member nominated by the Chairperson presides.
- If there is no nomination, or there is no Chairperson at all, the Members present choose a presiding Member from among themselves.
The third step means the Authority can still meet and decide if the post of Chairperson is vacant. That ties in with s.17(7), below. "Member" in this Act includes the Chairperson (s.3(1)(ze)), and the Authority has a Chairperson and twenty-two other members under section 5.
Voting and the casting vote (s.17(3))
Every question is decided by a majority of the Members present and voting. Members who are present but do not vote are not counted in the majority. If votes are equal, the Chairperson or the person presiding has a second or casting vote.
Who votes? The CEO and the invitee from the Scientific Committee do not (s.17(5) and (6)). Only the Members, including the ex officio Members, vote. The expression "present and voting" matters in a body with ex officio government members: an abstention does not block a decision, and the casting vote breaks a tie between "for" and "against".
Authentication by the CEO (s.17(4)) and the CEO's role (s.17(5))
All orders and decisions of the Food Authority must be authenticated by the Chief Executive Officer. This is a formal step that turns a meeting decision into an order that the outside world can rely on. The CEO takes part in meetings but has no vote. Section 10 describes the CEO's wider functions, including implementing the Authority's decisions.
For a food business, authentication is a practical check. If you are served an order said to be an "order of the Food Authority", see whether it carries the CEO's authentication. If you are unsure how to test an order, our legal consultation page explains how we review one.
The Scientific Committee's Chairperson (s.17(6))
The Authority may invite the Chairperson of the Scientific Committee to its meetings without a right to vote. The Scientific Committee advises the Authority on scientific matters; see our post on the Scientific Panels and Scientific Committee. Because the invitation is optional ("may"), the Authority decides when the expert presence is useful, for example when it discusses a standard based on a scientific opinion.
No invalidation for vacancies or defects (s.17(7))
No act or proceedings of the Food Authority shall be questioned or invalidated merely on the ground of the existence of any vacancy or defect in the constitution of the Authority.
This is a saving clause found in many statutes that create boards. It protects the Authority's acts from technical attack. So if one Member's seat is vacant, or there is an irregularity in how a Member was appointed, the standards and regulations made at a meeting are not automatically void. The word "merely" is important. The protection is against challenges based only on the vacancy or defect. It does not shield a decision that is bad for another reason, such as a failure to follow a required procedure or a breach of natural justice. A parallel provision in section 6(6) protects appointments from vacancies in the Selection Committee; see the article on the Selection Committee.
An example: the Authority adopts a standard at a meeting when two Member positions are vacant. A manufacturer challenges the standard only on the ground of those vacancies. Section 17(7) answers that challenge. If the same manufacturer instead argues that the standard was adopted without the consultation the Act requires, s.17(7) does not answer it.
Need help with FSSAI law?
If an order or direction from the Food Authority affects your licence, label or product and you want to know whether it is properly made, TaxClue can review it with you. Our legal consultation page explains how to start.
Key takeaways
- The Food Authority meets at its head office or another office at the time the Chairperson directs.
- Procedure and quorum are left to regulations; the Act itself gives no quorum number.
- Decisions are by majority of Members present and voting, with a casting vote for the presiding person.
- All orders and decisions are authenticated by the CEO, who attends without a vote.
- A vacancy or defect in the Authority's constitution does not, merely on that ground, invalidate its acts.
Read next
- Sections 9 and 10: officers of the Food Authority and functions of the CEO
- Section 6: Selection Committee for the Food Authority
- Duties and functions of FSSAI: section 16
- Scientific Panels and Scientific Committee under FSSAI
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). Verify current notifications, regulations and FSSAI orders before acting.