ICSI Moves to Secure Representation Rights for Practising Company Secretaries Before Food Safety Appellate Tribunal

Background and Context

The Institute of Company Secretaries of India (ICSI) has formally approached the Department of Health and Family Welfare, Ministry of Health and Family Welfare, Government of India, seeking an amendment to the Food Safety and Standards Rules, 2011, that would explicitly recognise Company Secretaries in Practice as authorised representatives before the Food Safety Appellate Tribunal. The representation was addressed to Shri Harsh Mangla, Joint Secretary, Department of Health and Family Welfare, and was submitted by CS Pawan G. Chandak, President of ICSI, vide reference ICSI: G&CL: FSSAI: SEPT:01/2026, dated September 23, 2026.

ICSI is a statutory professional body constituted under the Company Secretaries Act, 1980, and operates under the administrative jurisdiction of the Ministry of Corporate Affairs. With a membership base exceeding 80,000 professionals and an enrolled student community of approximately 2,50,000, ICSI occupies a central role in regulating and advancing the Company Secretary profession across India.

The Existing Regulatory Framework and the Gap Identified

Current Position Under the Food Safety and Standards Rules, 2011

At the heart of ICSI's representation is Rule 3.3.1(6) of the Food Safety and Standards Rules, 2011. As the provision currently stands, every appeal, petition, or application before the Food Safety Appellate Tribunal may be presented in one of the following ways:

  • By the appellant, petitioner, or applicant appearing in person
  • Through a duly authorised agent in writing
  • Through an advocate duly appointed for that purpose

While the provision does permit representation through a "duly authorised agent," there is no express statutory recognition of a Company Secretary in Practice as a designated and qualified professional authorised to appear before the Tribunal. ICSI has argued that this silence in the Rules creates ambiguity and deprives regulated entities — particularly corporate entities operating in the food sector — of access to professionals who possess directly relevant expertise in regulatory compliance, governance, and corporate law.

The Professional Expertise of Company Secretaries

Company Secretaries in Practice bring to the table a specialised skill set that is especially pertinent to proceedings before the Food Safety Appellate Tribunal. Their domain of competence encompasses: