of this Act); himself or by any person on his behalf who is required to obtain l — THE FOOD SAFETY AND STANDARDS ACT, 2006

of this Act); himself or by any person on his behalf who is required to obtain l

section 31 of this Act); himself or by any person on his behalf who is required to obtain licence, manufacturers, sells, stores O distributes O imports any article of food without licence, shall be ?[liable to penalty which may extend to ten lakh rupees]. 64. Punishment for subsequent offences. ~If any person, after having been previously convicted of an offence punishable under this Act subsequently commits and is convicted of the same offence, he shall be liable to twice the punishment, which might have been imposed on first conviction, subject to the punishment being maximum provided for the same offence; 1. Subs by Act 18 of 2023, s_ 2 and Schedule, for certain words (w.ef: 7-11-2023) 2. Subs: by $_ 2 and Schedule, ibid. for *Punishment" (W.e.f: 7-11-2023)_ 3. Subs: by $_ 2 and Schedule, ibid , for certain words W.e.f: 7-11-2023)- 32 (ii) a further fine on daily basis which may extend up to one lakh rupees, where the offence is a continuing one; and (iii) his licence shall be cancelled. (2) The Court may also cause the offender'$ name and place of residence, the offence and the penalty imposed to be published at the offender's expense in such newspapers O in such other manner as the court may direct and the expenses of such publication shall be deemed to be part of the cost attending the conviction and shall be recoverable in the same manner as a fine. 65. Compensation in case injury of death of consumer: Without prejudice to the other provisions of this Chapter, if any person whether by himself or by any other person on his behalf, manufactures Or distributes O sells o imports any article of food causing injury to the consumer or his death, it shall be lawful for the Adjudicating Officer O as the case may be, the court to direct him to pay compensation to the victim or the legal representative of the victim, a sum not less than five lakh rupees in case of death; b not exceeding three lakh rupees in case of grievous injury; and not exceeding one lakh rupees, in all other cases of injury: Provided that the compensation shall be paid at the earliest and in no case later than six months from the date of occurrence of the incident: Provided further that in case of death, an interim relief shall be paid to the next of the kin within thirty days of the incident: (2) Where any person is held guilty of an offence leading to grievous injury or death, the Adjudicating Officer Or the court may cause the name and place of residence of the person held guilty, the offence and the penalty imposed to be published at the offender'$ expense in such newspapers or in such other manner as the Adjudicating Officer O the court may direct and the expenses of such publication shall be deemed to be part of the cost attending the conviction and shall be recoverable in the same manner as fine. (3) The Adjudicating Officer or the court may also, order for cancellation of licence, re-call of food from market; forfeiture of establishment and property in case of grievous injury Or death of consumer; (b) issue prohibition orders in other cases. 66. Offences by companies.-(7) Where an offence under this Act which has been committed by company, every person who at the time the offence was committed was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that where company has different establishments or branches or different units in any establishment or branch, the concerned Head or the person in-charge of such establishment; branch, unit nominated by the company as responsible for food safety shall be liable for contravention in respect of such establishment; branch O unit: Provided further that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act; if he proves that the offence was committed without his knowledge Or that he exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by company and it is proved that the offence has been committed with the consent or connivance of or is attributable to any neglect o the part of, any director, manager, secretary Or other officer of the company, such director, manager, secretary O other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation. For the purpose of this section, "company" means anybody corporate and includes a firm o other association of individuals; and 33 (b) "director" in relation t0 a firm; means partner in the firm: 67. Penalty for contravention of provisions of this Act in case 0f import 0f articles of food to be in addition to penalties provided under any other Act: Any person who imports any article of food which is in contravention of the provisions of this Act, rules and regulations made thereunder, shall , in addition to any penalty to which he may be liable under the provisions of the Foreign Trade (Development and Regulation) Act, 1992 (22 of 1992) and the Customs Act; 1962 (52 of 1962) be also liable under this Act and shall be proceeded against accordingly. (2) Any such article of food shall be destroyed Or returned to the importer, if permitted by the competent authority under the Foreign Trade (Development and Regulation) Act; 1992 (22 of 1992) 0r the Customs Act; 1962 (52 of 1962), Or any other Act; as the case may be. CHAPTER X ADJUDICATION AND FOOD SAFETY APPELLATE TRIBUNAL 68. Adjudication: -For the purposes of adjudication under this Chapter, an officer not below the rank of Additional District Magistrate of the district where the alleged offence is committed, shall be notified by the State Government as the Adjudicating Officer for adjudication in the manner as may be prescribed by the Central Government: 2) The Adjudicating Officer shall, after giving the person a reasonable opportunity for making representation in the matter, and if, on such inquiry, he is satisfied that the person has committed the contravention of provisions of this Act O the rules or the regulations made thereunder, impose such penalty as he thinks fit in accordance with the provisions relating to that offence (3) The Adjudicating Officer shall have the powers of a civil court and all proceedings before him shall be deemed to be judicial proceedings within the meaning of sections 193 and 228 of the Indian Penal Code (45 of 1860); b shall be deemed to be a court for the purposes of sections 345 and 346 of the Code of Criminal Procedure, 1973 (2 of 1974). While adjudicating the quantum of penalty under this Chapter, the Adjudicating Officer shall have due regard to the guidelines specified in

Section Section 31