Food Safety and Standards Authority of India Ministry of Health ...
Food Safety and Standards Authority of India Ministry of Health ...
Food Safety and Standards Authority of India Ministry of Health ...
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(d) Place- The <strong>Food</strong> <strong>Safety</strong> Appellate Tribunal may be situated where the<br />
commissioner or state Government may determine.<br />
7. Special Courts<br />
The State Government may, if considered necessary, for purposes <strong>of</strong> the trial <strong>of</strong><br />
<strong>of</strong>fences relating to grievous injury or death <strong>of</strong> consumer for which punishment <strong>of</strong><br />
imprisonment for more than three years has been prescribed under this Act, constitute by<br />
notification in the Official Gazette under Section 74 <strong>of</strong> the <strong>Food</strong> <strong>Safety</strong> <strong>and</strong> St<strong>and</strong>ards Act,<br />
2006 as many Special Courts with the concurrence <strong>of</strong> Chief Justice <strong>of</strong> the High Court as may<br />
be necessary for such area/areas <strong>and</strong> for such jurisdiction as may be specified in the<br />
notification. (The Draft for Notification <strong>of</strong> appointment is at Annex-VII). The State<br />
Government may also provide:-<br />
(a)<br />
Infrastructure – The State Government may determine the number,<br />
nature <strong>and</strong> categories <strong>of</strong> other Officers <strong>and</strong> employees required in the Office<br />
<strong>of</strong> Special Courts.<br />
(b)<br />
Place - The <strong>Food</strong> <strong>Safety</strong> Special Court may be situated where the<br />
Commissioner or the State Government may think fit preferably at District<br />
Head quarters.<br />
A Special Court may, on its own motion, or on an application made by the<br />
Public Prosecutor <strong>and</strong> if it considers it expedient or desirable so to do, sit for<br />
any <strong>of</strong> its proceedings at any place within its jurisdiction other than its ordinary<br />
place <strong>of</strong> sitting.<br />
8. Appointment <strong>of</strong> Public Prosecutor Additional Public Prosecutor <strong>and</strong> Special<br />
Public Prosecutor<br />
For every Special Court the State Government shall appoint a Public Prosecutor,<br />
Additional Public Prosecutors <strong>and</strong>/or Special Public Prosecutors. (The Draft for Notification<br />
<strong>of</strong> appointment is at Annex-VIII, IX, X).<br />
Qualification <strong>and</strong> Rank<br />
- The State Government, keeping in view the<br />
responsibilities <strong>and</strong> duties <strong>of</strong> the Public Prosecutor, Additional Public<br />
Prosecutor <strong>and</strong> Special Public Prosecutors may appoint such persons who<br />
have been in practice as an advocate for not less than 7 years or has held<br />
any post for a period <strong>of</strong> not less than 7 years under the Union or a State<br />
requiring special knowledge <strong>of</strong> Law <strong>and</strong> having the required qualifications.<br />
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