Chapter X - Adjudication and Food Safety Appellate Tribunal
Section 71
Section 71: Procedure and powers of the Tribunal
The Tribunal follows natural justice and has listed civil-court powers while regulating its own procedure.
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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.
Statutory text
Bare law
(1) The Tribunal shall not be bound by the procedure laid down by the Code of Civil Procedure, 1908 (5 of 1908) but shall be guided by the principles of natural justice and, subject to the other provisions of this Act and the rules made thereunder, the Tribunal shall have powers to regulate its own procedure including the place at which it shall have its sittings.
(2) The Tribunal shall have, for the purposes of discharging its functions under this Act, the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908), while trying a suit, in respect of the following matters, namely:— (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of documents or other electronic records; (c) receiving evidence on affidavits; (d) issuing commissions for the examination of witnesses or documents; (e) reviewing its decisions; (f) dismissing an application for default or deciding it ex parte; (g) any other matter which may be prescribed by the Central Government.
(3) Every proceeding before the Tribunal shall be deemed to be a judicial proceeding within the meaning of sections 229 and 267, and for the purposes of section 233 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023), it shall be deemed to be a civil court for all the purposes of section 215 and Chapter XXVIII of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023).
(4) The appellant may either appear in person or authorise one or more legal practitioners or any of its officers to represent his case before the Tribunal.
(5) The provisions of the Limitation Act, 1963 (36 of 1963), shall, except as otherwise provided in this Act, apply to an appeal made to the Tribunal.
(6) Any person aggrieved by any decision or order of the Tribunal may file an appeal to the High Court within sixty days from the date of communication of the decision or order of the Tribunal to him on any question of fact or law arising out of such order: Provided that the High Court may, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal within the said period, allow it to be filed within a further period not exceeding sixty days.
Key takeaways
Core rule
The Tribunal follows natural justice and has listed civil-court powers while regulating its own procedure.
Practical check
A Tribunal order may be appealed to the High Court on fact or law within sixty days of communication, with a further period up to sixty days on sufficient cause. Record service and filing dates.
Scope and operation
It can summon witnesses, require documents or electronic records, take affidavits and review decisions. A person may appear personally or through an authorised practitioner or officer.
Applying the section
A Tribunal order may be appealed to the High Court on fact or law within sixty days of communication, with a further period up to sixty days on sufficient cause. Record service and filing dates.
Further appeal
The High Court route in subsection (6) is separate from the first appeal to the Tribunal. Limitation runs from communication of the Tribunal decision.
Official sources
Read the consolidated Act with the enacted and commenced amendments applicable to this section.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026