Summary: The Institute of Company Secretaries of India (ICSI), through its President CS Pawan G. Chandak, has requested the Department of Health and Family Welfare to expressly recognise Company Secretaries in Practice as authorised representatives before the Food Safety Appellate Tribunal. In its representation dated 23 September 2026, ICSI referred to Rule 3.3.1(6) of the Food Safety and Standards Rules, 2011, under which an appeal, petition or application may be presented personally, through a duly authorised agent in writing, or through an advocate. ICSI has proposed that the Rules be amended to expressly recognise a Company Secretary in Practice as an authorised representative and that Rule 2 incorporate a corresponding definition linked to section 2(2) of the Company Secretaries Act, 1980. The Institute has also sought recognition for Company Secretaries to verify or certify forms and documents filed under the food safety framework. In support, ICSI pointed to existing statutory recognition of Company Secretaries before NCLT/NCLAT under section 432 of the Companies Act, 2013, the Competition Commission of India under section 35 of the Competition Act, 2002, and RERA Authorities and Appellate Tribunals under section 56 of the Real Estate (Regulation and Development) Act, 2016. ICSI stated that extending similar recognition under the food safety framework would facilitate professional representation, strengthen compliance and governance, and promote efficient adjudication. request-to-expressly-include-co… request-to-expressly-include-co…
THE INSTITUTE OF COMPANY SECRETARIES OF INDIA
IN PURSUIT OF PROFESSIONAL EXCELLENCE
Statutory body under an Act of Parliament
(Under the jurisdiction of Ministry of Corporate Affairs)
CS Pawan G. Chandak
PRESIDENT
ICSI: G&CL: FSSAI: SEPT:01/2026 | Dated: September 23, 2026
Shri Harsh Mangla
Hon’ble Joint Secretary
Department of Health and Family Welfare
Ministry of Health and Family Welfare
Government of India
Respected Sir,
Subject: Request to expressly include Company Secretaries in Practice as Authorised Representatives before the Food Safety Appellate Tribunal.
Greetings from the Institute of Company Secretaries of India!
The ICSI is a premier professional body established under an Act of Parliament, namely the Company Secretaries Act, 1980. It functions under the jurisdiction of the Ministry of Corporate Affairs and is committed to regulating and developing the profession of Company Secretaries in India. With a strong national and global presence, ICSI caters to over 80,000 members and around 2,50,000 students.
Company Secretaries in Practice possess specialised knowledge of corporate laws, commercial laws, governance, regulatory compliance and statutory reporting. Independent verification and certification of legal and regulatory compliance is one of the core functions of the profession.
We wish to draw your kind attention to Rule 3.3.1(6) of the Food Safety and Standards Rules, 2011, relating to the presentation of appeals, petitions and applications before the Food Safety Appellate Tribunal. The said Rule provides that every appeal, petition or application may be presented by the appellant, petitioner or applicant in person, through a duly authorised agent in writing, or through an advocate duly appointed for the purpose.
ICSI Submission
In this regard, it is submitted that Company Secretaries in Practice may be recognised to be appointed as authorized agents / representatives in the proceedings before the Food Safety Appellate Tribunal, considering their professional expertise in regulatory compliance, corporate laws and governance.
Subsequently, the relevant provisions of the Food Safety and Standards Rules, 2011 may kindly be amended to expressly recognise a Company Secretary in Practice as an authorised representative before the Food Safety Appellate Tribunal.
Correspondingly, the definition of “Company Secretary in Practice” may also be incorporated in Rule 2 of the said Rules as under:
“Company Secretary in Practice” means a company secretary who is deemed to be in practice under sub-section (2) of section 2 of the Company Secretaries Act, 1980.
Also, Company Secretaries by virtue of their expertise in verification and due diligence of various documents filed with Regulators, may be recognized to verify / certify forms / documents filed under FSS Act.
Justification
Company Secretaries are statutorily recognised to represent stakeholders before various judicial, quasi-judicial and regulatory forums, including the NCLT / NCLAT under Section 432 of the Companies Act, 2013, the CCI under Section 35 of the Competition Act, 2002, RERA Authorities and Appellate Tribunals under Section 56 of the Real Estate (Regulation and Development) Act, 2016, and other regulatory and adjudicatory authorities.
Extending such recognition under the Food Safety and Standards framework would facilitate access to professional representation, particularly in matters involving regulatory compliance and corporate entities. It would also strengthen compliance culture and governance in the food sector while promoting efficient and effective adjudication.
In view of the above, we request your good self to kindly consider the proposal favourably and initiate appropriate amendments to the Food Safety and Standards Rules, 2011.
We shall be pleased to furnish any further information or clarification required in this regard.
Thanking you,
Yours faithfully,
(CS Pawan G. Chandak)
President
The Institute of Company Secretaries of India
