17. Disposal of complaints and Appeals by the Food Commission.
(1)The Food Commission shall, on receipt of any complaint, seek a report on it from the District Grievance Redressal Officer, along with supporting documents, who shall be required to furnish it within fifteen days.(2)Taking into consideration the report of the District Grievance Redressal Officer, and the available documents, the Food Commission shall issue appropriate orders for redressal of the complaint, within fifteen days from the date of receipt of the report of the District Grievance Redressal Officer.(3)In the case of appeal against the orders of the District Grievance Redressal Officer, the Food Commission shall give an opportunity to appellant and non-appellant to present their cases in person or through a representative on a fixed date, time and place and after having heard them, decide the appeal within a period of thirty days from the date of receipt of appeal.(4)On the date fixed for hearing, it shall be obligatory for the appellant and non-appellant to present their case in person or through representative before the Food Commission, and in case of failure to do so, the Food Commission may on its own discretion either dismiss the case or proceed to enquire the matter ex-parte and decide the appeal within a period of thirty days from the date of receipt of appeal.(5)The order of the Food Commission shall be authenticated by the Member-Secretary or any other officers of the Food Commission duly authorized by the Food Commission on its behalf.(6)The Food Commission shall arrange to deliver copies of the decision to the concerned parties within a period of fifteen days from the date of such decision.(7)If the Food Commission is of the opinion that the disposal of the appeal requires more than a period of thirty days, the appellant shall be sent an interim reply citing the reasons for delay.(8)The Food Commission shall, while inquiring into any matter referred to in clauses (b) and (e) of sub-section (6) of Section 16 of the Act, have all the powers of a civil court while trying a suit under the Code of Civil Procedure, 1908 and in particular, in respect of the following matters, namely:-(a)summoning and enforcing the attendance of any person and examining him/her on Oath;(b)discovery and production of any documents;(c)receiving evidence on affidavits;(d)requisitioning any public record or copy thereof from any court or office; and(e)issuing commissions for the examination of witnesses or documents.(9)The Food Commission shall have the power to forward any case to a Magistrate having jurisdiction to try the same and the Magistrate to whom any such case is forwarded shall proceed to hear the complaint against the accused as if the case has been forwarded to him under section 346 of the Code of Criminal Procedure, 1973.
