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Section 4 of The Food Safety and Standards Act, 2006 — Establishment of Food Safety and Standards Authority of India

Bare section text

Official Legislative Text

(1) The Central Government shall, by notification, establish a body to be known as the Food Safety and Standards Authority of India to exercise the powers conferred on, and to perform the functions assigned to, it under this Act.(2) The Food Authority shall be a body corporate by the name aforesaid, having perpetual succession and a common seal with power to acquire, hold and dispose of property, both movable and immovable, and to contract and shall, by the said name, sue or be sued.(3) The head office of the Food Authority shall be at Delhi.(4) The Food Authority may establish its offices at any other place in India.

Educational Study Layer

Summary

This section orders the Central Government to establish the national regulator known as the Food Safety and Standards Authority of India.
It defines the Food Authority as a body corporate, meaning it is a legal entity that has perpetual succession and a common seal.
It gives the Food Authority the power to acquire, hold, and dispose of both movable and immovable property, sign contracts, and sue or be sued.
It establishes that the main head office of this national food authority must be located in Delhi.
It permits the Food Authority to open other branch offices in any other location across India as needed.

Practical examples

1The national food safety regulator wants to purchase a new building in Delhi to expand its research facilities. Under Section 4, as a body corporate, the Food Authority can buy, own, and register this immovable property directly in its own name.

2A commercial food distributor attempts to challenge a national regulation and files a lawsuit. Since Section 4 grants the Food Authority the legal status of a body corporate that can sue or be sued, the distributor files the suit directly against the Food Authority rather than individual officers.

FAQ

1. Who establishes the Food Safety and Standards Authority of India under the 2006 Act?

Under Section 4 of the Food Safety and Standards Act, 2006, the Central Government is responsible for establishing the Food Safety and Standards Authority of India by official notification.

2. Where is the head office of the Food Safety and Standards Authority of India located?

Under Section 4 of the Food Safety and Standards Act, 2006, the head office of the Food Authority must be located at Delhi.

3. Can the Food Safety and Standards Authority of India establish offices outside of Delhi?

Yes, under Section 4 of the Food Safety and Standards Act, 2006, the Food Authority has the power to establish its offices at any other place in India.

4. What does it mean that the Food Authority is a body corporate under Section 4?

Under Section 4 of the Food Safety and Standards Act, 2006, being a body corporate means the Food Authority is a distinct legal entity with perpetual succession, a common seal, and the power to own property, enter contracts, and sue or be sued.

Practice Quiz

Q1.Under Section 4 of the Food Safety and Standards Act, 2006, the Food Safety and Standards Authority of India is established as what type of legal entity?

Q2.Under Section 4 of the Food Safety and Standards Act, 2006, where must the head office of the Food Safety and Standards Authority of India be established?

Q3.Under Section 4 of the Food Safety and Standards Act, 2006, what specific legal power is granted to the Food Authority regarding property, matching its status as a body corporate defined in the Act?

Q4.Under Section 4 of the Food Safety and Standards Act, 2006, what is required for the Food Authority to establish branch offices outside of Delhi?

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