TMI Blog2014 (8) TMI 1058X X X X Extracts X X X X X X X X Extracts X X X X ..... pe of the power conferred on the Food Authority under the FSS Act and the Rules and Regulations framed thereunder. Whether Respondent No.2 – Food Authority had the power and authority to issue these Advisories under section 16(1) read with section 16(5) read with sections 18 and 22 of the said Act without following the procedure laid down under Sections 92 and 93 of the Act of placing the Advisories/Regulations before both the Houses of Parliament - Held that:- view taken by majority prevails and accordingly it is held that the Food Authority did not have power and authority to issue these Advisories under sections 16(1) read with section 16(5) read with sections 18 and 22 of the said Act without following the procedure laid down under S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (1) above is concerned, one of us viz. V.M. Kanade, J. had taken a view that these Advisories, particularly the Advisory dated 11/05/2013 pertaining to product approval does not have force of law. Similarly, so far as point of reference No. (2) above is concerned, it was held by one of us viz. V.M. Kanade, J. that Respondent No.2 Food Authority did not have power and authority to issue these Advisories under sections 16(1) read with section 16(5) read with sections 18 and 22 of the Act without following the procedure laid down under sections 92 and 93 of the Act of placing the Advisories/Regulations before both the Houses of Parliament. Brother G.S. Kulkarni, J., however, did not agree with the view which was taken by one of us viz. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... z. Product Approval Advisory dated 11/05/2013 issued by Respondent No.2 does not have force of law and is not within the ambit and scope of the power conferred on the Food Authority under the FSS Act and the Rules and Regulations framed thereunder. 5. So far as point of reference No.(2) above is concerned, view taken by majority prevails and accordingly it is held that the Food Authority did not have power and authority to issue these Advisories under sections 16(1) read with section 16(5) read with sections 18 and 22 of the said Act without following the procedure laid down under Sections 92 and 93 of the Act of placing the Advisories/Regulations before both the Houses of Parliament. 6. Petition is accordingly allowed and dispo ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
