1. INTRODUCTION OF LEGAL SERVICES Literally, legal service means help or assistance or free service in the field of law. The apex court has categorically stated in its various decisions that legal aid is not a charity but it is a duty of a welfare state. The definition of legal service has been given under section 2(1) (c) of the legal service act,1987, which is as under:- “Legal service includes rendering of any service in the conduct of any other proceedings before any court or other authority or tribunal and the giving of any advice of any legal matter.” On further scrutinizing it, we will find three basic things in it: 1) Legal services are provided in conducting legal proceedings. 2) Legal proceeding may be before courts or tribunals or any other authority. 3) Legal service includes legal advice also. According to Pollock,” Legal aid is an instrument by which poor can get justice and can enforce their rights. Before passing of the legal services authority act, legal aid was provided by the states under administrative rules, which were different in different states. The Bar council of India also framed legal aid rules in the year 1983. 1
Transcript
1. INTRODUCTION OF LEGAL SERVICES
Literally, legal service means help or assistance or free service in the field of law. The
apex court has categorically stated in its various decisions that legal aid is not a charity but it is a
duty of a welfare state.
The definition of legal service has been given under section 2(1) (c) of the legal service
act,1987, which is as under:-
“Legal service includes rendering of any service in the conduct of any other
proceedings before any court or other authority or tribunal and the giving of any advice of any
legal matter.”
On further scrutinizing it, we will find three basic things in it:
1) Legal services are provided in conducting legal proceedings.
2) Legal proceeding may be before courts or tribunals or any other authority.
3) Legal service includes legal advice also.
According to Pollock,” Legal aid is an instrument by which poor can get
justice and can enforce their rights.
Before passing of the legal services authority act, legal aid was provided by the states
under administrative rules, which were different in different states. The Bar council
of India also framed legal aid rules in the year 1983. Rule 2(G) says that legal aid means
legal representation by a member of legal profession, which includes all other relevant
services. The definition was restrictive in manner as it included representation by lawyers
only. In this way, no concrete definition was available.
There were many other services, which are provided under many legal service
schemes. Many state legal service authorities has established many grievance cell and are
trying to solve many social, economic and political problems as well.
KINDS OF LEGAL SERVICES:
There are basically two types of legal services:
a) Pre-litigation legal services
b) Post –litigation legal service.
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a)PRE-LITIGATION LEGAL SERVICES:
It has been rightly said that prevention is better than cure. Escalation in
the number of case is a matter of grim concern. Litigation should be the last resort.
Matters should be resolved without resorting to the complicacies of the legal framework of
the country.
Ary. Such services include:
I) Legal education
II) Legal advice
III) Legal awareness
IV) Pre litigation settlement.
In order to eliminate cumbersomeness and complexity, more and more
emphasis should be laid on pre litigation services. Litigation should be used be as the last
resort. If pre litigation services are properly rendered than both time and expenditure could
be saved. In pre litigation services there will be minimum financial burden upon the state.
Therefore, priority is given to pre litigation services in the country. In Legal literacy
programmers, awareness is being created about many current issues..
POST LITIGATION SERVICES:
The basic fund governing Post litigation services is to provide free legal services
to poor and socially downtrodden people. The Supreme court has warned on many occasions
that only experienced Lawyers may be put on the panel as inexperienced lawyers may not
represent the grievances of the poor in a proper manner. Legal fraternity must respond in a
enthusiastic manner. The Bar must evolve a scheme to ensure t of that unprotected is not
priced out of market. Well structured and effective planning for efficient planning campaign
for awareness of objects of provisions of Legal services Authorities act must be evolved.
LEGAL SERVICE- A TRUE SERVICE OF EQUALITY:
The aim and object of legal service is quiet and comprehensive and wide. It is
not an isolated event. Equal justice for all is the fundamental principle governing the
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Constitution of the country. The denial of justice to the needy would lead to anarchy and
discrimination which will hamper the basic structure of the constitution.
Political equality can only be assured if there is Economic equality. The
concept of free legal service will break the shackles of ignorance and exploitation. It is an
innovative which needs to be adopted and executed if we want the concept of welfare state to
be a reality
1.2 LEGAL REQUIREMENTS IN HOTEL BUSINESS:
Almost every aspects of tourism, such as catering and hotel business, is covered by
legislation. Some of these legislations will need to be taken into account at the planning stage.
Much of this legislation are extremely complicated and may require the advice from legal
experts. There are numerous pamphlets and booklets on such legislation prepared by the state
governments and local authorities, explaining the requirements and their effect on one’s
business.
1.2.1 PREMISES:
Permission for planning a business should from the local authority. If the premises are
already being used for the same type of business, it is easy to get the permission. In case it is for
construction or structural alteration, the authority may like to get into details as to how the
business will affect the immediate neighborhood.
1.2.2 ELECTRICITY:
The regulations should cover electrical systems, equipment and applications. These must
all be of sound construction and should be properly maintained so as to pose no danger when
properly used. Only qualified personnel should be allowed to use such equipment.
1.2.3 PRACTICAL IMPLECATION
Managers should know the location, state of repair and maintenance of every item of
electrical equipment on their premises and they should set up a regular maintenance program.
Employees using any electrical equipment of any kind should receive training to do so safely.
1.2.4 FIRE PRECAUTIONS:
A fire certificate may be compulsory under the fire act. The act covers fire precautions,
fire presentation, fire fighting, fire training equipment and logging findings and means of escape.
1.2.5 SANITARY CONVENIENCES:
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The local municipal authority may require the owner or occupier of a hotel, public house,
entertainment house or place of public entertainment to provide and maintain a reasonable
number of sanitary conveniences. There are penalties for failure to comply with these
regulations.
1.3 LAWS RELATING TO PLANNING AND DESIGNING:
A series of acts concerning town and country planning, environment and pollution have
given the government control over the development of land, much of which is under the
administration of local municipal authorities. The principal aspects of concern to the hotel and
catering industry are.
1. New buildings requiring planning permission.
2. Some existing buildings may be altered for other uses without permission while other
changes require permission
3. Extensions or alterations may or not require permission.
1.3.1 SITE PLANNING AND LOCATION:
The architect or planner has to bring together a number of conflicting elements when
selecting and laying out the site for a hotel or restaurant facility.
1.3.1.1 ACCESS:
Access is required from nearby streets and roads, both for patrons arriving in cars, taxis
and other forms of transport and for vehicles delivering supplies and removing garbage etc.
1.3.1.2 PARKING:
Parking and turning space will be required for customer’s cars with allowances of one car
space for two table settings in some types of location, where the bulk of clientable arrive by car.
1.3.2 SURROUNDINGS:
The buildings should be suitable for the proposed site and blend with surroundings
landscapes. The plan should also take advantage of natural resources such as impressive view
over water, landscapes (rural or urban) and designed with service facilities ideally on the work
side and public rooms facing south and west.
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1.4 LAW OF INSURANCE:
Risk and uncertainty are incidental to life. Man may meet an untimely death. He may
suffer from accident, destruction of poverty, fire, sea perils, floods, earthquakes and other natural
calamities. Whenever there is uncertainty, there is risk as well as insecurity. It is to insurance
does not avert or eliminate loss arising from uncertain events; it only spread the loss over a large
number of people who insure themselves against that risk. The main principle underlying
insurance is the pooling of risk.
All insurance business in India has been nationalized. Life insurance was nationalized on
19th January, 1956, and the general insurance business on 13th may, 1971.
1.4.1 CONTRACT OF INSURANCE:
A contract of insurance is a contract by which a person, in consideration of a sum of
money, undertakes to make good the loss of another against a specified risk.
The person undertaking the risk is called the insure or underwrite and the person whose
loss is to be made good is called the insured or assured.
The consideration for which the insure undertakes to indemnify the assured against the
risk is called the premium. It may either be a single or a periodical payment.
There are a number of kinds of insurances, but the following kinds died out as. Being of special
importance:
1. life insurance: In this case a certain fixed amount becomes Jamaica on the death of
the assured or on the expiry of a certain fixed period, whichever is earlier.
2. Fire insurance: it covers losses caused by fire.
3. Personal accident insurance: In this case, the amount payable is a compensation for
any personal injury causes to the assured.
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1.5PREVENTION OF ADULTRATION OF FOOD & BEVERAGES:
The prevention of food adulteration act, 1954, extends to the whole of India.
The main objectives of the act are:
1. To eradicate the antisocial evil and for ensuring purity of food sold to the public
2. To prevent adulteration of food and to protect the health of the citizens.
3. The act is a piece of consumer legislation. It regulates to some extent the consumer
supplier relation. The consumer demand enforcement of discipline among the product
of manufacturers of food to ensure safety in the realm of food.
4. Adulteration of food is the menace to the public health. The act has been enacted with
aim of eradicating that antisocial evil and ensuring purity in the articles of food.
5. Legislation for preventing food adulteration serves a very important role in securing
to the citizens a minimum degree of purity in the articles of food and thereby
protecting public health. It also serves to prevent the fraud on the consumer public.
6. To protect society against unscrupulous and antisocial dealers. In order to protect the
society against food adulteration and the hazards flowing there from, the act has made
a provision for taking sample of food by the food inspector and to have it analyzed by
the public analyst.
7. The main object of the act and the rules made there under are to ensure the purity of
food and the maintenance of public health by eradicating the evil of adulteration of
food.
8. Adulteration of food is a menace to the public health. The act has been enacted with
the aim of eradicating the anti social evil and for ensuring purity in the articles of
food.
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2. BAR LINCENSE:
2.1 BAR AND LIQUOR LINCENSE:
2.1.1 LIQUOR LICENSING LAWS:
Licensing laws and regulations are very complex and readers and advised that full details
may be in respective laws as enacted by the states.
2.1.2 supper hours certificate:
The effect of this is to allow liquor to be provided for a further hour in the evening in a part of
the premises set aside for people taking table meals provided it is consumed as part of the meal.
2.1.2 SPECIAL HOURS CERTIFICATE:
This form of extension exists for the benefit of restaurants, hotels etc. where the sale of
liquor accompanies the service of refreshment and music and dancing is provided.
2.1.3 PERMITTED HOURS:
Section 60 of the licensing act 1964 lays down the basic permitted laws for on-licenses.
Weekdays (excluding Christmas day and good Friday) 11a.m to 3p.m
Sundays, Christmas day, good Friday noon to 2p.m
Although the basic permitted hours are set there are number of ways in which these may
be varied.
2.1.4 DRINKING UP TIME:
After the end of the hours during which sales are permitted, ten minutes is allowed for
drinking up liquor already purchased. The drinking-up time is half-an-hour for people taking
meals if the liquor was supplied ancillary to meals. The permitted hour’s provisions do not apply
to any persons in premises when they are residing or to supply of liquor private friends of
residents in a licensed premises entertained by the residents at their own expense.
2.2 THE CONDUCT OF LICENSED PERUSES:
There are many requirements to be met in order to conduct licensed premises within the
scope the law.
1. Selling liquor without a license: no licensee may sell liquor without a license. To do
so is a criminal offence.
2. The sale of liquor on credit: it is a criminal offence to sell liquor on credit. However,
residents at a hotel may be sold liquor during their residence payment to be made the
end of their stay
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3. The sale of liquor to persons under 18: a license of licensed premises is mot permitted
knowingly to a person under 18, to allow a person under 18 to consume liquor in a
bar or to allow anyone else to make such sale. A person who is under 18 is not
permitted to buy liquor for consumption in a bar in licensed premises for a person
under 18.
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3. LABOUR LAW:
3.1 INTRODUCTION:
A hotel employee has a basic right to join or not to join, a trade union of his choice, and
his decision must result in any penalty or description on the part of his employer. An dismissed
solely because he joined a union would have a valid claim to compensation on appeal to a
industrial tribunal
3.2OBJECTIVES:
3.2.1 AMOUNT OF COMPENSATION:
When the injury to a workmen results in his death, the amount of compensation payable
to his dependants is an amount equal to 40% of the monthly salary wages of the diseased
workmen multiplied by a figure ranging from 228.54 to 99.37(depending upon the age of the
deceased workmen) or an amount of Rs. 20,000, whichever is more. However, if the monthly
wages of the injured workmen shall be deemed to be Rs.1, 000 only.
3.2.2.1 The trade unions act, 1926
Trade unions have had representation on wages councils and any approach to an
employer would have as its objective better conditions than are provided in wages orders. An
employer cannot be compelled to recognize a union for collective bargaining purposes.
The Trade unions act, 1926, is one of the old enactments in the field of lab ours laws, but
it is a conservative piece of legislation in as much as it deals only with the registration of trade
unions and the legal status of registered trade unions. The constitution of India confers on all
citizens a fundamental right to form associations or unions.
3.2.2.2 THE WORKMEN’S COMPENSATION ACT, 1923
The Workmen’s Compensation Act, 1923 is an old but an important enactment, as it
introduced a kind of social security scheme for the workers of this country. It enables a
workman, and in case of death of a workman for employment dependents, to get, at the cost of
his employer, compensation for employment injury.
Much later in 1948, the Employees’ State Insurance Act introduced a social insurance
scheme for the workers of this country. Unlike the earlier scheme this scheme rests on joint
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contribution by government, employers and workers. The two enactment’s together constitute
what may be called a code of social security benefits for the workers of this country.
The object of the Act is to provide for the payment of compensation by certain employers
to their workman for injury caused to them, while in employment. If a workman contracts an
occupational disease while in employment, it is also treated under the Act as injury caused by
accident. [Preamble & S.3]
3.2.2.3 THE PAYMENT OF BONUS ACT, 1945:
The payment of bonus act applies to every factory and every other establishment in which
twenty or more persons are employed on any day during an accounting year. The amending Act
of 1976 empowers the appropriate government to apply the Act to any establishment or class of
establishment including a factory within the meaning of section2(m)(II) of the Factories
Act,1948, employing ten or more workers, by giving two months notice in the official Gazette.
The application of the Act to such establishment may be from such accounting year as may be
specified in the notification. It has been further provided that when the provision of the bonus
Act have been made applicable to any establishment by the issue of notification, reference to
accounting years commencing from 1965 and 1968 and every subsequent accounting year made
in the Act shall, in relation to such establishments, be construed as a reference to accounting a
year specified in such notification and every subsequent accounting years.
3.2.3 THE EMPLOYEES’ PROVIDENT FUND ACT,1952:
The Employees, Provident Fund Act, 1952 is enacted to provide a kind of social
security the industrial workers. This security, however, however, differs from the security
provided to them under Workmen’s Compensation Act or the Employees’ State
Insurance Act. The Employees’ Provident Fund Act mainly provides retirement or old
age benefits.
Provision for terminal benefit of restricted nature was made in the Industrial
Disputes Act, 1947, in the form of payment of retrenchment compensation. But this
benefit is not available to a worker on retirement on reaching the age of super aborting or
voluntary retirement.
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4. HYGIENE-HOTEL REGULATIONS:
4.1 INTRODUCTION:
Hygiene and sanitation have become practically the same word, referring to preservation
for health, although hygiene is defined specifically as that science which Deals with sanitation
and the system of principles and rules applied to health preservation.
The word “hygiene” is derived from “Hygeia, the Greek Goddess of Health. A dictionary
definition of hygiene is “principles of health sanitary science”. All food and beverage service
workers must understand the importance of hygiene practices and the appalling dangers that
attend their neglect. Poor food handling is often the cause of outbreaks of food poisoning.
4.2 OBJECTIVES
4.2.1 HYGIENE & SANITATIONS:
Hygiene and sanitation have become practically the same word, referring to preservation
for health, although hygiene is defined specifically as that science which Deals with sanitation
and the system of principles and rules applied to health preservation.
4.2.2 INTERNATIONAL HOTEL REGULATIONS:
National economic are undergoing rapid and wrenching transformation due to the process
of globalization and technological changes. Hotel and tourism industry, today, cannot remain
isolated from the world economic development. The industry is witnessing dramatic changes
since it is basically formed, operated and regulated and managed under various rules and
regulations.
The contract between the Hotel and guest is concluded as soon as the hotel management
acts upon a request made by or on behalf of a visitor and consents to reserve the accommodation
requested.
4.2.3 LAWS FOR LICENSE:
Depending upon the establishment and the requirements, application may be made for a
liquor licence. The excise authority may grant the following licenses:
Public House: consumption no or off the premises.
Off sale: consumption on or off the premises.
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Hotel: consumption on or off the premises.
Restricted Hotel: to residents and their bona fides entertained by them, and to
non-residents as an ancillary to table meals taken on the premises. The premises
must be structurally adapted and bona fide used for lunch or dinner or both and
not have a bar counter.
Restaurant: with meals either at bar or at table.
Refreshment: for consumption on the premises, when food and nonalcoholic
beverages are also on sale; no bar counter.
Entertainment: as an ancillary to public entertainment at a cinema, theatre, dance
hall or proprietary club, subject to conditions determined by the licensing
authority.
5.1 CONTRACT LABOUR ACT 1971
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Definitions:
(1) In this Act, unless the context otherwise requires,-
(a) "Appropriate government" means-
(i) in relation to an establishment in respect of which the appropriate government
under the Industrial Disputes Act, 1947 (14 of 1947), is the Central Government,
the Central Government;
(ii) in relation to any other establishment, the Government of the State in which
that other establishment is situate;]
(b) a workman shall be deemed to be employed as "contract labor" in or in connection
with the work of an establishment when he is hired in or in connection with such work by
or through a contractor, with or without the knowledge of the principal employer;
(c) "contractor", in relation to an establishment, means a person who undertakes to
produce a given result for the establishment, other than a mere supply of goods or articles
of manufacture to such establishment, through contract labor or who supplies contract
labor for any work of the establishment and includes a sub-contractor;
(d) "controlled industry" means any industry the control of which by the Union has been
declared by any Central Act to be expedient in the public interest;
(e) "Establishment" means-
(i) Any office or department of the government or a local authority, or
(ii) Any place where any industry, trade, business, manufacture or occupation is
carried on;
(f) "Prescribed" means prescribed by rules made under this Act;
(g) "Principal employer" means-
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(i) in relation to any office or department of the government or a local authority,
the head of that office or department or such other officer as the government or
the local authority; as the case may be, may specify in this behalf,
(ii) in a factory, the owner or occupier of the factory and where a person has been
named as the manager of the factory under the Factories Act, 1948 (63 of 1948),
the person so named.
(iii) in a mine, the owner or agent of the mine and where a person has been named
as the manager of the mine, the person so named,
(iv) in any other establishment, any person responsible for the supervision and control of the
establishment.
5.2 EPF SCHEME 1952
Employee Definition:
"Employee" as defined in Section 2(f) of the Act means any person who is employee for wages
in any kind of work manual or otherwise, in or in connection with the work of an establishment
and who gets wages directly or indirectly from the employer and includes any person employed
by or through a contractor in or in connection with the work of the establishment.
Membership:
All the employees (including casual, part time, Daily wage contract etc.) other than an excluded
employee are required to be enrolled as members of the fund the day, the Act comes into force in
such establishment.
Basic Wages:
"Basic Wages" means all emoluments which are earned by employee while on duty or on leave
or holiday with wages in either case in accordance with the terms of the contract of employment
and witch are paid or payable in cash, but does not include:
a. a. The cash value of any food concession.
b. b. Any dearness allowance (that is to say, all cash payment by whatever name called paid to an
employee on account of a rise in the cost of living), house rent allowance, overtime allowance,
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bonus, commission or any other allowance payable to the employee in respect of employment or
of work done in such employment.
c. c. Any present made by the employer.
Excluded Employee:
"Exclude Employee" as defined under para 2(f) of the Employees' Provident Fund Scheme
means an employee who having been a member of the fund has withdraw the full amount of
accumulation in the fund on retirement from service after attaining the age of 55 years; Or An
employee, whose pay exceeds Rs. Five Thousand per month at the time, otherwise entitled to
become a member of the fund.
Benefits:
A) A member of the provident fund can withdraw full amount at the credit in the fund on
retirement from service after attaining the age of 55 year. Full amount in provident fund
can also be withdrawn by the member under the following circumstance:
· A member who has not attained the age of 55 year at the time of termination of
service.
· A member is retired on account of permanent and total disablement due to bodily
or mental infirmity.
· On migration from India for permanent settlement abroad or for taking
employment abroad.
· In the case of mass or individual retrenchment.
B) In the case of the following contingencies, the payment of provident fund be made after
complementing a continuous period of not less than two months immediately preceding the date
on which the application for withdrawal is made by the member:
· Where employees of close establishment are transferred to other establishment,
which is not covered under the Act:
· Where a member is discharged and is given retrenchment compensation under the
Industrial Dispute Act, 194
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5.3 THE ESSENTIAL COMMODITIES ACT, 1955
(As amended up to 24,.12.1986)
An act to provide, in the interests of the general public for the control of the production, supply
and distribution of, and trade and commerce in certain, commodities.
Definitions:
In this Act, unless the context otherwise requires:- 2 of 1974 (i-a) "Code" means the code
of Criminal Procedure; (ii-a) "Collector" includes an Additional Collector and such other Officer,
not below the rank of Sub-Divisional Officer as may be authorized by the Collector to perform
the functions and exercise the powers of the Collector under this Act;
a) "essential commodity" means any of the following classes of commodities :-
(1) cattle fodder, including oilcakes and other concentrates;
(2) coal, including coke and other derivatives;
(3) component parts and accessories of automobiles;
(4) cotton and woolen textiles;
(4.a) drugs.
Explanation :- In this sub-clause, "drug has the meaning assigned to it in clause (b) of section 3
of the Drugs and Cosmetics Act, 1940 (23 of 1940);
(5) foodstuffs, including edible oilseeds and oils;
(6) iron and steel, including manufactured products of iron and steel;
(7) paper, including newsprint, paperboard and straw board;
(8) petroleum and petroleum products;
(9) raw cotton, whether ginned or unpinned, and cotton seed;
(10) raw jute;
(11) any other class of commodity which the Central Government may, by notified order,
declare to be an essential commodity for the purposes of this Act, being a commodity
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with respect to which Parliament has power to make laws by virtue of entry 33 in List III
in the Seventh Schedule to the Constitution:
(b) "food-crops" include crops of sugarcane;
(c) "notified order" means and order notified in the Official Gazette;
(c.c) "Order" includes a direction issued there under;
(d) "State Government", in relation to a Union Territory, means the administrator thereof;
(e) "Sugar" means -
(1) any form of sugar containing more than ninety percent of sucrose, including sugar
candy;
(2) Khandsari sugar or bura sugar or crushed sugar or any sugar in crystalline or
powdered form, or
(3) Sugar in process in vacuum pan sugar factory or raw sugar produced therein.
(4) words and expressions used but not defined in this Act and defined in the code shall
have the meanings respectively assigned to them in that code.
5.4 FOOD ADULTERATION ACT(1954)
DEFINITIONS
In these rules, unless the context otherwise requires,
1. “Act” means the Food Safety and Standards Act, 2006 (Act 34 of 2006);
2. “Adjudicating Officer” means the Adjudicating Officer appointed under sub-section
(1) of section 68 of the Act.
3. “Advocate” means a person who is entitled to practice the profession of law under the
Advocates Act, 1961 (25 of 1961)
4. “Appellate Tribunal” means the Food Safety Appellate Tribunal constituted under
section 70 of the Act.
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5. “Authorized Officer” means an officer authorized by the Food Authority referred in the sub-
section (5) of section 47 of the Act.
6. “Inquiry” means the inquiry referred to in section 68. 3
7. “Licensing Authority” means the Designated Officer appointed under section 36 of the
Act for the local area and includes any other officer so appointed for the purpose of granting
license by the Commissioner of Food Safety.
8. “Notified laboratory” means any of the laboratories notified by the Food Authority
under sub-sections (1) and (2) of section 43 of the Act.
9. “Presiding Officer” means a person appointed as Presiding Officer of the Appellate
Tribunal under section 70 of the Act.
10. “Referral laboratory” means any of the laboratories established and/or recognized by
the Food Authority by notification under sub section (2) of section 43 of the Act.
11. “Registrar” means the Registrar of the Appellate Tribunal and includes an officer of
such Appellate Tribunal who is authorized by the Presiding Officer to function as Registrar
12. “Registry” means the registry of the Appellate Tribunal
13. “Rules” means the Food Safety and Standards Rules, 2011. 4
Enforcement structure and procedures
1. QUALIFICATION AND DUTIES
1.1: COMMISSIONER OF FOOD SAFETY:
Qualification: No person below the rank of “Commissioner and Secretary” to State
Government shall be eligible to be appointed as the Commissioner of Food Safety.
Powers and Duties: Powers and duties of the Commissioner of Food Safety shall be as
provided in the section 30 (2) of Food Safety and Standards Act, 2006.
1.2: DESIGNATED OFFICER
1. QUALIFICATION
i. The Designated Officer shall be a whole time Officer, not below the rank of Sub-
Divisional Officer or equivalent and shall possess a minimum of bachelors’ degree in Science
with chemistry as one of the subjects or at least one of the educational qualifications prescribed
for the Food Safety Officer under these Rules.
ii. He shall undergo training as may be specified by the Food Authority, within a period
of six months from the date of his appointment as Designated Officer.
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iii. (a) persons having been appointed as food Inspector having qualification prescribed
under the PFA Rules, 1955 or as
Local Health Authority, shall be eligible for appointment as
Designated Officer, subject to fulfilling such other conditions as may be prescribed for the post
of Designated Officer by the State Government. 5
(b) At the time of commencement of these rules, the post of designated Officer is held by
any other officer of equivalent rank as additional charge basis such other officer shall continue
to hold such additional charge till such time a whole time Designated Officer is appointed or for
a period of one year whichever is earlier.
2. POWERS AND DUTIES:
i. The powers and duties of the Designated Officer shall be as mentioned in section 36 (3)
of FSS Act, 2006.
ii. The Designated officer shall function under overall supervision of collector/ District
Magistrate of the District.
iii. The Designated Officer shall, in addition to the powers specified in Section 36 (3) of
FSS Act, 2006, also ensure the refund of fee for analysis paid by the purchaser as per the
provision of Section 40 (1), besides the cost of the sample
iv. The Designated Officer shall ensure timely disposal of redundant samples, in the
manner notified for the seized materials, by the Commissioner of Food Safety.
v. Without prejudice to anything contained in the aforesaid Rules, the Designated Officer
shall have all administrative powers which may include suspension, cancellation or revocation of
the license of the Food Business Operator in case any threat or grave injury to public, has been
noticed in the report of the Food Analyst, Provided that while taking such administrative action
the procedure described in the Act and Regulations shall be followed.
1.3: FOOD SAFETY OFFICER
1. Qualification: Food Safety Officer shall be a whole time officer and shall, on the date
on which he is so appointed, possesses the following:
i. a degree in Food Technology or Dairy Technology or Biotechnology or Oil
Technology or Agricultural Science or Veterinary Sciences or Bio-Chemistry or Microbiology
or Masters Degree in Chemistry or degree in medicine from a recognized University, or
ii. Any other equivalent/recognized qualification notified by the Central Government, and
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iii. Has successfully completed training as specified by the Food Authority in a
recognized institute or Institution approved for the purpose.
Provided that no person who has any financial interest in the manufacture, import or sale
of any article of food shall be appointed to be a Food Safety Officer under this rule
2. on the date of commencement of these Rules, a person who has already been appointed
as a Food Inspector under the provisions of Prevention of Food Adulteration Act, 1954, may
perform the duties of the Food Safety Officer if notified by the state/Central government if the
officer fulfils such other conditions as may be prescribed for the post of Food Safety Officer by
the State Government.
3. State Government may, in cases where a Medical Officer of health administration of
local area has been performing the function of food Inspector under the Prevention of Food
Adulteration Act, 1954, assign the powers and duties of Food Safety Officer to such Medical
Officer in charge of health administration of that area. Provided further that the persons
appointed under clauses 2 and 3 above, shall undergo a specialized training laid down by the
Food Authority within a period of two years from the commencement of these rules.
4: Powers and Duties:
i. Without prejudice to the powers conferred on him under section 38 of the Act, where
the Food Safety Officer is of the opinion or he has reason(s) to be recorded in writing that in the
given situation it is not possible to comply with the provision of section 38 (1) (c) or the proviso
to section 38(1) for reasons like non availability of the Food Business Operator, the Food Safety
Officer may seize the adulterant or food which is unsafe or sub-standard or miss-branded or
containing extraneous matter, may seal the premises for investigation after taking a sample of
such adulterant or food for analysis.
ii. Where the Food Safety Officer is of the opinion or he has reason(s) to believe that any
person engaged in selling, handling or manufacturing any article of food is suffering from or
harboring the germs of any infectious disease, he may cause such person to be examined by a
qualified medical professional duly authorized by the Designated Officer. Provided that where
such person is a female, she shall be examined by a qualified lady medical professional duly
authorized by the Designated Officer.
If on such examination, the qualified medical professional certifies that such person is
suffering from any such disease, the Food Safety Officer may by order in writing under
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intimation to the Designated Officer, direct such person not to take part in selling or
manufacturing any article of food.
iii. Furthermore, it shall be the duty of the Food Safety Officer 8
a) To inspect, as frequently as may be prescribed by the Designated Officer, all food
establishments licensed for manufacturing, handling, packing or selling of an article of food
within the area assigned to him;
b) To satisfy himself that the conditions of licenses are being complied with by each of
the Food Business Operators carrying on business within the area assigned to him and report to
the Designated Officer;
c) To procure and send for analysis if necessary, samples of any article of food which he
has reason to believe or on the basis of information received including from a purchaser are
being manufactured, stocked or sold or exhibited for sale in contravention of the provisions of
the Act, or rules and regulations framed there under
d) To draw samples for purposes of surveillance, survey and research, which shall not be
used for prosecution 9?
e) To investigate any complaint which may be made to him in writing in respect of any
contravention of the provisions of the Act, or rules framed there under;
f) To maintain a data base of all Food Businesses within the area assigned to him;
g) To recommend to Designated Officer Issue of improvement notices to the Food
Business Operator whenever necessary;
h) To maintain a record of all inspections made and action taken by him in the
performance of his duties, including the taking of samples and seizure of stocks, and to submit
copies of such records to the Designated Officer as directed in this regard;
i) To make such inquiries and inspections as may be necessary to detect the manufacture,
storage or sale of articles of food in contravention of the Act or rules framed there under;
j) To stop and inspect any vehicle suspected to contain any unsafe food or food which
does not comply with the provisions of this Act and rules, intended for sale or delivery for
human consumption;
k) To recommend to the Designated Officer giving specific grounds, suitable action in
regard to licenses issued to any Food Business Operator, if on inspection the Food Safety
Officer finds that the Food Business Operator had violated the conditions for grant of license;
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l) To carry out food safety surveillance to identify and address the safety hazards 10
To respond to incidents of food poisoning in his area and to send report to and assist the
Designated Officer to enable him to initiate corrective action;
n) To facilitate preparation of Food safety plans for Panchayats and Municipalities in
accordance with the parameters and guidelines given in schedule IV of Chapter 3 of Regulations.
o) To detain imported packages which are suspected to contain articles of food, the
import or sale of which is prohibited;
p) To coordinate with the Food Business Operators within his area of operation and
facilitate the introduction of food safety systems by the Food Business Operators.
q) To perform such other duties, as may be entrusted to him by the Designated Officer or
Food Safety Commissioner having jurisdiction in the local area concerned.
1.4: FOOD ANALYST
1. QUALIFICATION:
A person shall not be qualified for appointment as Food Analyst under the Act unless
she/he;-
i. Holds a Master’s degree in Chemistry or Biochemistry or microbiology or Dairy
Chemistry or Food Technology, Food and Nutrition or holds Bachelor of Technology in
Dairy/Oil or holds degree in Veterinary Sciences from a university established in India by law
or is an associate of the Institution of Chemists (India) by examination in the section of Food
Analysts conducted by the Institution of Chemists (India) or any other equivalent qualification
recognized and 11 notified by the Central government for such purposes and has not less than
three years experience in the analysis of food; and
ii. Has been declared qualified for appointment as a Food Analyst by a board appointed
and notified by the Authority Notwithstanding anything contained above,
(a) Any person who has been declared qualified for appointment as Public Analyst by the
board constituted under Prevention of Food Adulteration Act, 1954 shall also be eligible for
holding the post of Food Analyst.
(b) Any person who is a Public Analyst under the provisions of Prevention of Food
Adulteration Act, 1954 on the date of commencement of these Rules, may hold office of the
Food Analyst subject to the terms and conditions of service applicable to such person.
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iii. A person appointed as Food Analyst shall undergo all specialized training
programmers specified by the Food Authority periodically.
2. DUTIES:
i. The Food Analyst shall analyze or cause to be analyzed the article of food sent to him
for analysis. In analyzing the article of food, the Food Analyst shall follow such instructions and
shall adhere to such procedure as adopted by the Food Authority from time to time. The report of
analysis shall be signed by the Food Analyst 12
ii. After completion of analysis of article of food, the Food Analyst shall send his report
to the Designated Officer, the Purchaser of article of food, as the case may be, in Form VII A.
2 - PROCEDURE OF TAKING EXTRACTS OF DOCUMENTS AND MATTERS
CONNECTED THEREWITH
2.1: MANNER OF TAKING EXTRACTS
1. Where the Food Safety Officer has seized any books of account and other relevant
documents in exercise of powers conferred upon him under sub-section (6) of section 38 of the
Act, he shall return the same to the person from whom they were seized within a period not
exceeding thirty days from the date of such seizure Provided that before returning the books of
account and other relevant documents, the Food Safety Officer shall be entitled for copies
thereof or extracts there from, as the case may be.
2. On receipt of such communication from the Food Safety Officer, the person from
whom the books of account and documents were seized shall provide the copies or extracts as the
case may be, duly authenticated by the Food Business Operator.
3. The extracts shall be taken by the Food Safety Officer or by any person authorized by
him.
4. The person making the extracts shall not in any manner cause dislocation, mutilation,
tampering or damage to the records in the course of making extracts. 13
5. The person making extracts shall not make any marking on any record or paper.
FORM I
FORM OF AFFIDAVIT
Seizure of books of account and other documents
(Refer Rule 2.2.2)
23
I, son of/wife of/daughter of Mr. _________, aged about __________ years and residing
at__________________do hereby solemnly affirm and sincerely state as follows:
1. I am the sole proprietor/Partner/Director/employee of ___________________Private
Ltd/Limited (here give the name of the firm or Company) having its Office/carrying on
business//Registered Office at _____________.
2. I say that on ______ at about ___a.m./p/m., the Food Safety Officer,______________(here
give the area of operation of the Food Safety Officer) inspected/searched the premises at
_________________ where I am/ ________Private Ltd./Limited is carrying on business. During
the course of such inspection/search, the Food Safety Officer has seized certain books of account
and documents relating to the business.
4. I say that the books of accounts and other documents seized during the inspection/search are
required for carrying on business and hence it is necessary that they be returned to me
immediately.
5. At my request, the Food Safety Officer has agreed to return the books of account and other
documents so seized during the inspection/search, subject to my providing him extracts or copies
of 51 such books of account and other documents. The Food Safety Officer has given me the
details of the extracts or the copies required by him.
6. I say that I have caused the extracts/copies so required to be taken in the presence of the Food
Safety Officer/___________ (name) an officer working in the department of the Food Safety
Officer.
7. I confirm and declare that the extracts/copies annexed to this Affidavit are the true, authentic
and genuine extracts/copies of books of account/other documents seized on _______ and in
confirmation thereof, I have initialed each page of such extracts/copies.
8. I am aware that based on the solemn declarations given in this Affidavit, the Food Safety
Officer has agreed to return the books of accounts and other documents seized as aforesaid on
__________.
9. I hereby undertake to produce the books and accounts and other Documents or any part
thereof at any time as may be required by the Designated Officer or by the Food Safety Officer
or before any inquiry proceedings or before any adjudication proceedings that may be initiated
by the Food Safety Officer against me or against ________Private Ltd. /Limited or both..
(SIGNATURE OF THE DEPONENT)
24
Solemnly affirmed and signed before me this _____ of _____
Notary Public.________
Food Safety and Standards Rules, 2011
5.5 The Employers' Liability Act, 1938
THE EMPLOYERS' LIABILITY ACT, 1938
ACT NO. 24 OF 1938 1 [24th September, 1938.]
An Act to declare that certain defenses shall not be raised in suits for damages 2 in respect of
injuries sustained by workmen.
WHEREAS it is expedient to declare that certain defaces shall not be raised in suits for damages
2 in respect of injuries sustained by workmen;
Definitions:
In this Act, unless there is anything repugnant in the subject or context,--
(a) " workman" means any person who has entered into, or works under a contract of,
service or apprenticeship with an employer whether by way of manual labor, clerical work or
otherwise, and whether the contract is expressed or implied, oral or in writing; and
(b) " employer" includes anybody of persons whether incorporated or not, any managing
agent of an employer, and the legal representatives of a deceased employer, and, where the
services of a workman are temporarily rent or let on hire to another person by the person with
whom the workman has entered into a contract of service or apprenticeship, means such other
person while the workman is working for him.
5.6 FATAL ACCIDENTS ACT, 1855
1.[1A.] Suit for compensation to the family of a person for loss occasioned to
it by his death by actionable wrong.—Whenever the death of a person shall be
caused by wrongful act, neglect or default, and the act, neglect or default is such as
would (if death had not ensued) have entitled the party injured to maintain an action
and recover damages in respect thereof, the party who would have been liable if
death had not ensued, shall be liable to an action or suit for damages,
notwithstanding the death of the person injured and although the death shall have
25
been caused under such circumstances as amount in law to felony or other crime.
2.[***] Every such action or suit shall be for the benefit of the wife, husband, parent
and child, if any, of the person whose death shall have been so caused, and shall be
brought by and in the name of the executor, administrator or representative of the
person deceased;
and in every such action, the court may give such damages as it may think
proportioned to the loss resulting from such death to the parties respectively, for
whom and for whose benefit such action shall be brought, and the amount so
recovered, after deducting all costs and expenses, including the costs not recovered
from the defendant, shall be divided amongst the before-mentioned parties, or any
of them, in such shares as the court by its judgment or decree shall direct.
COMMENTS
(i) Under section 1A of the Fatal Accidents Act, 1855, compensation awarded for loss
of dependency, worked out by applying the principle of multiplier is a part of
damages “proportioned to the loss resulting from the death”; Fizabai v. Nemi Chand,
AIR 1993
MP 79.
(ii) Section 1A of the Fatal Accidents Act, 1855 read with section 110B of the Motor
Vehicles Act, 1939 (Now see Motor Vehicles Act, 1998), makes it obligatory on the
tribunal to award “just compensation” which differs from case to case; Sardar Ishwar
Singh v. Himachal Puri, AIR 1990 MP 282.
(iii) The maintainability of the claim for damages on account of the agony suffered by
wife cannot be claimed by the plaintiff in a representative capacity. As husband he
can claim damages either under the Fatal Accidents Act or under, the Motor Vehicles
Act; M.L. Singhal v. Dr. Pradeep Mathur, AIR 1996 Del. 261.
HE FATAL ACCIDENT ACT, 1855
26
5.7 FOOD SAFETY AND STANDARDS ACT, 2006:
Framing of Regulations to lay down the Standards and guidelines in relation to articles of
food and specifying appropriate system of enforcing various standards thus notified.
Laying down mechanisms and guidelines for accreditation of certification bodies
engaged in certification of food safety management system for food businesses.
Laying down procedure and guidelines for accreditation of laboratories and
notification of the accredited laboratories.
To provide scientific advice and technical support to Central Government and State
Governments in the matters of framing the policy and rules in areas which have a
direct or indirect bearing of food safety and nutrition.
Collect and collate data regarding food consumption, incidence and prevalence of
biological risk, contaminants in food, residues of various, and contaminants in foods
products, identification of emerging risks and introduction of rapid alert system.
Creating an information network across the country so that the public, consumers,
Panchayats etc receive rapid, reliable and objective information about food safety and
issues of concern.
Provide training programmers’ for persons who are involved or intend to get involved
in food businesses.
Contribute to the development of international technical standards for food, sanitary
and photo-sanitary standards.
Promote general awareness about food safety and food standards.
5.8 WORKMEN’S COMPENSATION ACT 1923:
INTRODUCTION:
The growing complexity of industry in this country, with the increasing use of machinery
and consequent danger to workmen, along with the comparative poverty of the workmen
themselves, rendered it advisable that they should be protected, as far as possible from hardship
27
arising from accidents. After a detailed examination of the question by the Government of India,
Local Governments were addressed in July 1921, and provisional views of the Government of
India were published for general information. The advisability o legislation had been accepted by
the great majority of Local Governments and of employers’ and workers’ associations and the
Government of India believed that public opinion generally is in favor of legislation. In June,
1922 a committee was convened to consider the question. After considering the numerous replies
and opinions received by the Government of India, the committee was unanimously in favour of
legislation, and drew up detailed recommendations. On the recommendations of the committee
the Workmen’s Compensation Bill was introduced in the Legislature.
STATEMENT OF OBJECTIVES AND REASONS:
The general principles of workmen’s compensation command almost universal
acceptance and India is now nearly alone among civilized countries in being without legislation
embodying those principles. For a number of years the more generous employers have been in
the habit of giving compensation voluntarily, but this practice is by no means general. The
growing complexity of industry in this country, with the increasing use of machinery and
consequent danger to workmen, along with the comparative poverty of the workmen themselves,
renders it advisable that they should be protected, as far as possible from hardship arising from
accidents. An additional advantage of legislation of this type is that by increasing the importance
for the employer of adequate safety devices, it reduces the number of accidents to workmen in a
manner that cannot be achieved by official inspection. Further, the encouragement given to
employers to provide adequate medical treatment for their workmen should mitigate the effects
of such accidents as do occur. The benefits so conferred on the workman added to the increased
sense
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ii) BACKGROUND OF THE STUDY:
Laws were enacted to provide workers with legal rights in the event of illness or accidents in an
attempt to prevent industrial action by industrial workers. Workers unions in turn started to
provide workers with legal advice on their new economic, social and cultural rights.
Legal Help covers all the help you might need from a solicitor or legal adviser in preparing a
case to go to court. This may include getting general advice on any legal problems. It may also
include your solicitor or adviser writing letters, negotiating, getting a barrister's opinion and
preparing a written case for a tribunal. Legal Help could also cover the costs of mediation in non-
family cases. Mediation is a way of negotiating, where the parties are helped by a neutral
mediator to find a solution acceptable to them both.
The Child, Youth and Family Enhancement Act (the Act) is the piece of legislation that deals
with many different matters in the area of child welfare, such as intervention services and
adoption. The Act guides the actions of Child and Family Services workers, and explains the
rights of the parents, guardians, and children. Intervention services are implemented when there
is a reasonable and probable belief that a child is in need of intervention. Where a child is in need
of intervention, every effort will be made to support the family to allow the child to remain in the
home. Sometimes, however, the child’s best interests would be better served if they were placed
in the custody of the director. At this point, the director has the opportunity to either enter into an
agreement with the guardian, or to apply to the Court for a court order prescribing guardianship.
Please note that parents have a right to counsel in child protection matters. Seek legal advice
immediately if you are dealing with a matter covered by the Child, Youth and Family
