Food Safety and Standards Act - PRS

(c) receiving evidence on affidavits;(4 issuing commissions for the examination of witnesses or documents;(e) reviewing its decisions;u> dismissing an application for default or deciding it ex -parte;(g) any other matter which may be prescribed by the Central Government. 5(3) Every proceeding before the Tribunal shall be deemed to be a judicial proceedingwithin the meaning of sections 193 and 228, and for the purposes of section 196 ofthe Indian 45 of 1860.Penal Code, shall be deemed to be a civil court for all the purposes of section 195 and ChapterXXVI of the Code of Criminal Procedure, 1973. 2 of 1974.(4) The appeliant may either appear in person or authorize one or more legal practitioners I oor any of its officers to represent his case before the Tribunal.(5) The provisions of the Limitation Act, 1963, sha!l, except as otherwise provided in 36 of 1963.this Act, apply to an appeal made to the Tribun~l.(6) Any person aggrieved by any decision or order of the Tribunal may file an appealto the High Court within sixty days from the date of communication of the decision or order 1 5of 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 bysufficient cause from filing the appezl within the said period, allow it to be filed within ahrther period not exceeding sixty days.Civil court 72. No civil court shall have jurisdiciion to entertain any suit or proceeding in respect 20have of any matter which an Adjudicating Officer or the Tribunai is empowered by or under thisjurisdiction.,4ct to deten-ninc and no injunction shall be granted by any court or other authority inrespect of any action taken or to be taken in pursuance of any power conferred by or underthis Ac?.Power of 73. Notwithstanding anything contained in the Code of Criminal Procedure, 1973, all ~ '2 of 1974.'O 'v offenoes not triable by a Special Court, shall be tried in a stunmary way by a Judicial Magistratecasessummarily.of the first class or by a Metropolitan Magistrate and the provisions of sections 262 to 265(both inclusive) of the said Code shall, as far as may be, apply to such a trial:Provided that in the case of any conviction in a summary trial under this section, itshall be lawhi for the Magistrate to pass a sentence of imprisonment for a term not exceeding 30one year:Provided further that when at the commencement of, or in the course of, a summarytrial under this section, it appears to the Magistrate that the nature of the case is such that asentence of imprisonment for a term exceeding one year may have to be passed or that it is,for any other reason, undesirable to try the case summarily, the Magistrate shall after hearing 32the parties, record an order to that effect and thereafter recall any witness who may havebeen examined and proceed to hear or rehear the case in the manner provided by the saidCode.Special courts 74. (I) Notwithstanding anything contained in this Act or in the Code of Criminal"d "blic Procedure, 1973, the Central Government or the State Government in their respective'cn2 of 1974.Prosecutorjurisdictions may, if consider expedient and necessary in the public interest, for the purposesof the trial of offences relating to grievous injury or death ofthe consumer for which punishmentof imprisonment for more than three years has been prescribed under this Act, constitute, bynotification in the Official Gazette, as many Special Courts with the concurrence ofthe ChiefJustice of the High Court as mzy be necessary for such area or areas and for exercising such 45jurisdiction, as may be specified in the notification.