Food Safety and Standards (Salary, Allowances and other Conditions of Services of Officers and Employees) Regulations 2013

The Food Safety and Standards Act, 2006

Official text

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FOOD SAFETY AND STANDARDS AUTHORITY OF INDIA

NOTIFICATION

New Delhi, the 24th July, 2013

F. No A—21021/01/2010-Admn. FSSAI.——Whereas the draft of the Food

Safety and Standards Authority of India (Salary, Allowances and other

conditions of Service of Officers and Employees) Regulations, 2012 were

published, as required under sub—section (1) of section 92 of the Food

Safety and Standards Act, 2006 (34 of 2006), vide notification of the Food

Safety and Standards Authority of India, number F. 11—11/Admn./2009-

FSSAI, dated the 15th February, 2012, in the Gazette of India, Part 111,

Section 4, dated the 27‘h February, 2012, inviting objections and

suggestions from the persons likely to be affected thereby, before the expiry

of the period of thirty days from the date on which the copies of the Official

Gazette containing the said notification were made available to the public;

And whereas copies of the said Gazette were made available to the

public on the 28fh February, 2012;

And whereas the objections and suggestions received from the public

in respect of the said draft regulations have been duly considered by the

Food Safety and Standards Authority of India;

Now, therefore, in exercise of the powers conferred by clause (al of

approval of the Central Government hereby makes the following regulations,

namely: -

[W11 |]|.__§ng 4] . W‘WW : WW 7

CHAPTER I

PRELIMINARY

1. Short title and commencement. - (1) These Regulations may be

called the Food Safety and Standards Authority of India. (Salary,

Allowances and other Conditions of Service of Officers and

Employeeisegulations, 2013.

(2) They shall come into force on the date of their publication in the Official

Gazette.

2. Definitions.—In these regulations, unless the context otherwise requires,—

(a) “Act" means the Food Safety and Standards Act, 2006 (34 of 2006);

(b) “Central Government” means the Ministry of Health and Family

Welfare, Government of India;

(0) “Food Authority” meansthe Food Safety and Standards Authority of

India established under sub-section (1)'0f section 4 of the said Act;

(d) “Chairperson” means the Chairperson of the Food Safety and Standards

Authority of India;

(e) “Chief Executive Officer” means the Chief Executive Officer of the Food

Safety and Standards Authority of India;

(l) “employees” means officers and employees of the Authority appointed on

regular basis and includes those appointed on deputation or short term

contract;

(g) “appointing authority” means,

—

~___

-4

THE GAZETTE OF INDIA : EXTRAORDINARY [PART lH——SIZC. 4)

(i) the Chairperson of the Authority in respect of all posts equivalent to

Group ‘A’ carrying the grade pay of Rs. 10,000 and above but does not

include the Chief EXecutive'Officer;

(ii) the Chief Executive Officer of the Authority in reSpect' of all posts

equivalent to Group ‘A’ carrying the grade pay of less than Rs. 10,000;

' (iii) the Chief Management Services Officer of the Authority in respect of all

posts equivalent to Group ‘B’; and

(iv) the Director in-charge of establishment at Food Safety and Standards

Authority of India Headquarters or Regional Offices or Laboratories of the

Authority in respect of all sanctioned posts equivalent to Group— ‘C’ under

their respective jurisdiction;

(h) “disciplinary authority” means,

(i) the Chairperson of the Authority in respect of all posts equivalent to

Group “A” posts carrying the grade pay of Rs 10,000 or above but does not

include the Chief Executive Officer;

(ii) the Chief Executive Officer of the Authority in respect of all. posts

equivalent to Group ‘A’ carrying the grade pay of less than Rs 10,000;

(iii) the Chief Management Services Officer of the Authority in respect of all

postsequivalent to Group ‘B’; and

(iv) the Director in—charge of establishment at Food Safety and Standards

Authority of India Headquarters and Regional Offices and Laboratories, in

respect'of all sanctioned posts equivalent to Group ‘C’ under their respective

jurisdiction;

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(i)" “direct appointment” means any appointment made by the Authority

otherwise than by appointment by transfer on deputation including short

term contract or on contractual basis in accordance with the provisions of

the regulations notified by the Authority;

U) “short term contract” means the method of recruitment of officers

belonging to non-government organisations, such as Universities,

recognised research institutions, Public Sector Undertakings to the

Authority for a specified period;

(k) “appointment on contractual basis” means an appointment made by

the appointing authority for a specified period on contractual basis in

accordance with the provisions of regulations notified by the Authority;

(1) “function” means and includes all work related to activities of the

Authority;

(m) “service” means the service under the Authority;

‘

(n). words and expressions used in these regulations but not defined, shall

have the same meaning as respectively assigned to them in the said Act.

CHAPTER II

3. Conditions of Service. -The conditions of service of the eligible

employees of the Authority in the matters of pay, allowances, fixation of pay,

increment, joining time, joining time pay, age of superannuation, modified

assured career progression scheme, medical facilities, leave, leave travel

concession, conduct, disciplinary matters and other conditions of service,

shall be regulated in accordance with’such other rules and regulations as

are, from time to' time, applicable to officers and employees of the Central

Government belonging to Group ‘A’, Group ‘B’ and Group ‘C’ posts, as the

case may be, in the corresponding pay scale:

3333 aI/JS-g

THE GAZETTE OF INDIA : EXTRAORDINARY IPAR‘I‘ Ill SEC. 4]

Provided that the Chief Executive Officer of the Authority shall be

entitled for hiring of residential accommodation in terms of the Ministry of

Finance Q.M. No. F. No. 1 (16)/E. II,(A)/_2008, dated 8th May, 2009, as

amended from time to time.

4. Group Insurance, pension and retirement benefits.-(1)The employees

of the Authority other than those on deputation or short term contract shall

be entitled to Group Insurance as per the scheme to be formulated by the

Authority in consultation with the Central Government.

(2) The pension and retirement benefits to the employees of the Central

Government transferred to the Authority under section 90 of the Act, and

who get absorbed1n the Authority shall be the same as he or she would had,

had he or sheheld such office, if the Authority had not been established and

shall continue to do so as an employee of the Authority.

(3) The pension and retirement benefits of other employees of the

Authority shall be governed by the scheme to be formulated by the Authority

in consultation with the Central Government.

5. Staff on-deputation. - (l) The pay, terms and conditions of Foreign

Service of the officers or employees on deputation including short-term

contract-to the Authority shall be as per the terms and conditions as

prescribed by, the Central Government, from time to time.

(Q) Deputation shall be decided mutually between the Authority and

g lending organisation and the terms of service, such as leave salary

contribution, gratuity, pension contribution and contributory provident

. fund, may, with the approval of the Chief Executive Officer be allowed as

admissible to a deputationist in his or her parent organisation.

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(3) Such allowances or benefits as are not admissible to the regular

employees of corresponding status in the Authority, shall not be admissible

to the employees on deputationl even if they were admissible in the parent

organisation.

(4) Employees joining on deputation shall be eligible for contribution to

the respective provident fund to which they are subscribingin their parent

organisation.

(5) Where a deputationist has. been a member of a contributory provident

fund, the Authority shall bear the cost of the employer’s contribution as

applicable in each case.

(6) When the Authority determines that the services of the deputationist

are no longer required, he or she shall be repatriated to his or her parent

department even before completion of

‘ his or her sanctioned period of

deputation, afterprior intimation to the lending Ministry or Department or

organisation and giving reasonable opportunity to the employee concerned.

CHAPTER III

- MISCELLANEOUS

6. Training.‘-(1) Employees of the Authority may be required to undergo

such training as may be specified by the Authority;

‘

(2) The employees of the Authority, charged for misconduct duringthe

period of training may be withdrawn from training, and shall be liable for

appropriate disciplinary proceedings, as the appointing authority deems fit

andlpena'lty in such cases may include recovery of the amount spent on the

training by the Authority.

' THE GAZETTE OF INDIA : EX'I‘RAORDINARY [PART lllw- SH: Ill

7. Power to relax. —The Authority may in public interest and for reasons to

be recorded in writing relax any of the provisions of these regulations with

prior approval, of the Central Government.

-Nothing in these rules shall affect reservation, relaxation

8. Saving clause.

ired to be provided for the Scheduled

of age limit and other concessions requ

Castes or the Scheduled Tribes, Other Backward Classes, Ex-servicemen

and other special categories-of persons, in accordance with the orders

issued by the Central Government from time to time in this regard.

9. Interpretation. -If any question arises relating to the interpretation of

these regulations, it will be referred to the Central Government for‘

examination and the decision of the Central Government shall be binding.

K. CHANDRAMOULI, Chairperson and ln—charge CEO

. [ADVT III/4/Exty./ l 87—0/1 3_l

Printed by the Manager. Government of India Press. Ring Road Mayapuri. New Delhi-110064

—___________—

and Published by the Controller of Publications, Delhi-“0054.