M. 1297
7-4-2008
REGISTERED No. DL (N)04/0007/2003-08
रजिस्ट्री सं० डी० एल (एन)04/0007/2003-08
Po 184 भारत का राजपत्र The Gazette of India असाधारण
EXTRAORDINARY
km - 34 .
भाग II- खण्ड 2 .
PART II- Section 2
प्राधिकार से प्रकाशित
PUBLISHED BY AUTHORITY
CPS 150
प्रभारी नई दिल्ली, सोमवार, मार्च 3, 2008/फाल्गुन13 , 1929
सं० 1 ]
NEW DELHI , MONDAY, MARCH 3 , 2008 / PHALGUNA 13, 1929
No. 1]
इस भाग में भिन्न पृष्ठ संख्या दी जाती है जिससे कि यह अलग संकलन के रूप में रखा जा सके ।
Separate paging is given to this Part in order that it may be filed as a separate compilation.
RAJYA SAВНА
The followingBill was introduced in the Rajya Sabha on 3rd March, 2008 :-
1
BILL NO . XV OF 2008
ABill to amend the Food Safety and Standards Act, 2006 .
BE it enacted by Parliament in the Fifty- ninth Year of the Republic of India as follows:-
1. (1) This Act may be called the Food Safety and Standards (Amendment ) Act, 2008. Short title and commence- ment..
(2) It shall be deemed to have come into force on the 7th day of February, 2008 .
34 of 2006.
Amendment of section 3 .
2. In the Food Safety and Standards Act , 2006 ( hereinafter referred to as the principal Act), in section 3 , in sub - section ( 1 ) , for clause (ze) , the following clause shall be substituted,
namely:--- "(ze) "Member " includes a part-time Member and the Chairperson of the Food Authority;' .
Amendment of section 5 .
3. In section 5 of the principal Act, for sub - sections (4) and ( 5) , the following sub- sections shall be substituted , namely:-
"(4) The Chairperson and the Members including part- time Members other than the ex officio Members of the Food Authority may be appointed by the Central Government on the recommendations of the Selection Committee .
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THE GAZETTE OF INDIA EXTRAORDINARY
[PART II-
(5) The Chairperson of the Food Authority shall not hold any other office ." .
Amendment of section 7.
4. In section 7 of the principal Act, in sub - section ( 1 ) , for the proviso , the following proviso shall be substituted , namely:-
"Provided that the Chairperson shall not hold office as such after he has attained the age of sixty- five years ." .
5.(1) The Food Safety and Standards (Amendment) Ordinance , 2008 is hereby repealed . Ord. 6 of 2008 .
Repeal and saving.
(2) Notwithstanding such repeal , anything done or any action taken under the principal Act, as amended by the said Ordinance , shall be deemed to have been done or taken under the principal Act, as amended by this Act .
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THE GAZETTE OF INDIA EXTRAORDINARY
SEC.2]
STATEMENT OF OBJECTS AND REASONS
With a view to consolidate the laws relating to the Food in the country and for laying down science based standards for articles of food and to regulate their manufacture , storage , distribution , sale and import, to ensure availability of safe and wholesome food for human consumption and for that purpose to establish the Food Safety and Standards Authority of India, Parliament enacted the Food Safety and Standards Act, 2006 (FSS Act) .
2.Sub-section (4) of section 5 of the said FSSAct empowers the Central Government to appoint the Chairperson and Members , other than ex officio Members , of the Food Authority on the recommendations ofthe Selection Committee . Sub - section (5 ) of section 5 ofthe FSSAct prohibits holding of any other office by the Chairperson and Members of the FoodAuthority. This provision led to difficulties in constituting the Food Authority.
3. The Central Government was of the view that the Members of the Food Authority may also be appointed on part - time basis since it may not be possible to appoint eminent persons as Members of the Food Authority for the reason that they would be holding some other office or appointment in some industry/organisation which they represent . Therefore , section 5 ofFSSAct has been amended. Section 7(1 ) ofthe FSSAct was also amended to take out the Members from the purview of the provisions which restrict the appointment of the Members to a maximum of 62 years ofage .
4. AsParliament was not in session and the circumstances existed which rendered it necessary to promulgate the Food Safety and Standards (Amendment) Ordinance, 2008 on 7th February, 2008 so as to expedite the selection and appointment of Chairperson and Members of the Food Authority.
5. The Food Safety and Standards (Amendment) Bill, 2008 seeks to replace the Food Safety and Standards (Amendment ) Ordinance, 2008 .
ANBUMANI RAMADOSS .
V. K. AGNIHOTRI , Secretary-General.
PUBLISHED BY THE SECRETARY-GENERAL, RAJYA SABHA , UNDER RULE 68 OF THE RULES OF PROCEDURE AND CONDUCT OF BUSINESS IN THE RAJYA SABHA
MGIPMRND- 733GOI ( S5)-27-03-2008.