Chapter II - Food Safety and Standards Authority of India
Section 8
Section 8: Removal of Chairperson and Members of Food Authority
Section 8 lists the grounds on which the Central Government may remove a Chairperson or member and identifies when a hearing is mandatory.
On this page
Need advice on Section 8?
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) Notwithstanding anything contained in sub-section (1) of section 7, the Central Government may, by order, remove from office the Chairperson or any other Member, if the Chairperson or as the case may be, such other Member,— (a) has been adjudged an insolvent; or (b) has been convicted of an offence which, in the opinion of the Central Government, involves moral turpitude; or (c) has become physically or mentally incapable of acting as a Member; or (d) has acquired such financial or other interests as is likely to affect prejudicially his functions as a Member; or (e) has so abused his position as to render his continuance in office prejudicial to the public interest.
(2) No Member shall be removed under clauses (d) and (e) of sub-section (1) unless he has been given a reasonable opportunity of being heard in the matter.
Introduction
Grounds include insolvency, conviction involving moral turpitude in the Government’s opinion, incapacity, prejudicial financial or other interests, and abuse of position prejudicial to the public interest.
For removal based on prejudicial interests or abuse of position, subsection (2) expressly requires a reasonable opportunity to be heard. The guide should not extend that particular statutory hearing condition to every other listed ground.
Key takeaways
Enumerated grounds
A removal order must rest on one of the grounds in subsection (1).
Hearing for two grounds
Subsection (2) expressly requires an opportunity to be heard for clauses (d) and (e).
Identify the ground
Match the order and supporting record to the precise clause: insolvency, qualifying conviction, incapacity, conflicting interests or abuse of position.
Check the process
For clauses (d) and (e), verify that the member had a reasonable opportunity to be heard before the Central Government made the order.
Official sources
Read the consolidated Act with the enacted and commenced amendments applicable to this section.
Practical checklist
Do
- State the exact statutory ground in the decision record.
- Keep the notice and hearing record for clauses (d) and (e).
Avoid
- Do not describe every disagreement or conflict allegation as a completed removal ground.
Frequently asked questions
Which grounds expressly require a hearing under this section?
The statute specifically names prejudicial interests and abuse of position, clauses (d) and (e).
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026