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Chapter II - Food Safety and Standards Authority of India

Section 6

Section 6: Selection Committee for selection of Chairperson and Members of Food Authority

Section 6 creates the Selection Committee and sets its vacancy, recommendation and conflict checks.

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This article is for general information. Refer to the Food Safety and Standards Act, 2006 official text for the official provisions. If you need professional advice for your situation, contact Bizeneed.

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Statutory text

Bare law

(1) The Central Government shall, for the purpose of selection of the Chairperson and the Members other than ex officio Members of the Food Authority, constitute a Selection Committee consisting of– (a) Cabinet Secretary–Chairperson, (b) Secretary-in-charge of the Ministry or the Department responsible for administration of this Act as the convener–Member, (c) Secretary-in-charge of the Ministries or the Departments of the Central Government dealing with Health, Legislative and Personnel–Members, (d) Chairman of the Public Enterprises Selection Board–Member, (e) An eminent food technologist to be nominated by the Central Government–Member. Explanation–For the purposes of clause (e), the Central Government shall nominate a person from amongst persons holding the post of Director or the Head, by whatever name called, of any national research or technical institution.

(2) The Central Government shall, within two months from the date of occurrence of any vacancy by reason of death, resignation, or removal of the Chairperson or a Member of the Food Authority and three months before the superannuation or completion of the term of office of the Chairperson or any Member of that Authority, make a reference to the Selection Committee for filling up of the vacancy.

(3) The Selection Committee shall finalise the selection of the Chairperson and Members of the Food Authority within two months from the date on which the reference is made to it.

(4) The Selection Committee shall recommend a panel of two names for every vacancy referred to it.

(5) Before recommending any person for appointment as a Chairperson or other Member of the Food Authority, the Selection Committee shall satisfy itself that such person does not have any financial or other interest, which is likely to affect prejudicially his functions as a Member.

(6) No appointment of the Chairperson or other Member of the Food Authority shall be invalid merely by reason of any vacancy in the Selection Committee.

Introduction

The Committee is chaired by the Cabinet Secretary and includes the administering ministry’s Secretary as convener, other specified secretaries, the Public Enterprises Selection Board chair and a nominated food technologist. It recommends appointments outside the ex officio category.

The Central Government refers vacancies within the specified time; the Committee finalises selection within two months of reference and recommends two names for each vacancy. It must consider prejudicial financial or other interests before recommending a candidate.

Key takeaways

1

Two-name panel

The Committee recommends two names for every vacancy referred to it.

2

Timing matters

The Act gives different referral timing for unexpected vacancies and impending retirement or term completion.

3

Interest check

The Committee must screen for interests likely to affect a member’s functions prejudicially.

Map the vacancy timeline

For death, resignation or removal, check the two-month Central Government referral period. For superannuation or term completion, check the three-month advance reference, then the Committee’s two-month selection period.

Check the recommendation record

Keep the two-name panel and the Committee’s documented consideration of relevant financial or other interests. A vacancy in the Committee alone does not invalidate an appointment under subsection (6).

Official sources

Read the consolidated Act with the enacted and commenced amendments applicable to this section.

Practical checklist

Do

  • Retain referral date, selection date and panel record.
  • Record the conflict assessment for proposed appointees.

Avoid

  • Do not assume a Committee vacancy automatically voids an appointment.

Frequently asked questions

How many names must be recommended per vacancy?

Section 6(4) requires a panel of two names.

Need help applying this provision to your situation?

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Last updated 10 October 2026