The Right to Information Act, 2005
The Right to Information Act, 2005
To,
The Public Information Officer, Officer food and drugs Administration, FSSAI, 1202, Hallmark, Business Plaza, Opp. Gurunanak Hospital, Kala nagar, Bandra E, Mumbai-400051.
Before denying PIO shall state in the reply that such information shall also be denied to Legislature / Parliament section 8J of RTI act,
PIO shall give reasoning for denial as per section 7(8)(i) RTI act.
- Full name of the applicant: Kamlakar Ratnakar Shenoy. (senior citizen 66 years)
- Address: B-903, Vaishali apartment, Opp. MTNL exchange, Sheth Motisha ( love ) Lane, Mazgaon, Mumbai-400010. Mobile 9870987359.
- Particulars of information required –
- Subject matter of information *--- compulsory Fostac training every 2 years by third party and hygienic rating by third party for Mumbai.
- Most hoteliers in Mumbai have been carrying out business since more than 75 to 100 years in the best possible way without
- FASSI
- Fire compliance certificate
- Training for FSSAI compliance
- Hygiene rating.
- And many other compliances.
And hardly any adverse incidence occurred as they are concerned and brought the food industry to such great level. After coming up to such level of recognition, government comes in picture and levies all compliances which are diverting the time, energy and resources of the business to do clerical job and causing all types of harassment which is killing the industry and threatening the young and next generation from entering in this business.
It appears that certain government agencies / public servants feel that
- After 75 to 100 years of experience the business man have no ability to conduct business by keeping our premises clean and in hygienic conditions,
- A third party is more competent than the owner himself to assure cleanliness
- That the owner has no other job when he conducts Restaurant business, but to do clerical job of compliance and maintaining if several records.
- The owner shall spend thousands of rupees per month to appoint various consultants / attend training sessions to comply with several new laws which has turned the businessman into a book keeping clerk.
- Under the guise of ease of business, we business man have been demoted from entrepreneurs to book keepers for maintaining records of compliances, which is increased with every passing day.
- The FSSAI is applicable mainly for bulk producers, and industries, which practice Standard Operating procedures (SOP), and not to such small business, which cater to needs as per personal choice, and every item is different from the other made at any point of time.
- With due respect and all humility, the government agencies (FSSAI) and several others, are themselves unorganized and have large scope to improve their working. It is the public servants who is duty bound to ensure the legal business protection from illegal food industry, operating without any license and violating every condition enforced upon the licensees in addition to increase of license fees every year without justification. With all blatant violations seen with naked eye committed by illegal food businesses, the government / the enforcing public authority are forcing and wants compliances only from legal business and are pushing the legal business man on the brink of closure.
- The FSSAI has no control on illegal hawkers and illegal hotels conducting business without requisite licenses, and compliance’s as demanded from the legal ones. Every day there is astronomical increase in number of hawkers and illegal food business, which directly compete with the licensed food business and snatch / rob away chunk of business of the law abiding businesses thereby forcing the legal business to close their business. The Government agencies in a way are promoting illegal businesses and creating fertile ground for closure of legal business for reasons known to all.
- So ultimate impact is just harassment to law abiding and legal business and free hand to illegal food business and encroachers on road and footpath, ensuring closure of legal business after being harassed by several compliance’s and Maintanence of records.
Systemtic Destruction of legal food business: increase in expenses for compliances, Restrictions after restrictions for licensed and law abiding citizens and free highway of no compliance, no rules and regulations, no marinating of several records for illegal food business on road, footpath and traffic islands as well as shops without procuring the requisite licenses.
- Description of information required $ certified copy.
- Yearly Details of Action taken against hawkers, illegal hotels without licenses. And food trucks for noncompliance and not having hygienic rating.
- Yearly details of food poisoning and deaths occurred due to consumption of food in any licensed premises since last 50 years.
- All file noting with name and designation of the officers who directed that the Fostac training by third party and hygienic ratings by third party
- to be compulsory
- and to be carried out every two years.
- All study carried out and procedure followed to take the above decision. Section 4(1)(b) (iii).
- Relevant facts published while formulating the above policy which affect the public along Sections and provision of law relied upon to implement the above policy. Section 4(1)(C )
- Reasons for such administrative decisions. (section 4(1)(d) RTI act
- Sections and provision of law relied upon to force Fostac training by third party and hygienic rating by third party on legal food business, which are being running for several decades thereby causing harassment and nuisance as well as financial load.
- SOP followed by your office to give such training to each of FSSAI staff and officers and repeat the training for every two years as is made compulsory to food businesses.
- Direction given by your office to give such training to each of FSSAI staff and officers and repeat the training for every two years as is made compulsory to food businesses.
- Details of any such training made compulsory and certificates issued to those carrying out illegal food business on roads and footpaths / traffic islands and on food trucks.
- Study carried out in last 25 years to come to conclusion that FSSAI and stringent conditions shall be applied only for legal business and that the illegal business shall be allowed to carry on
- without taking any penal and coercive action.
- without register FIR for unhygienic food, and nuisance caused and endangering life of citizens.
- Details of the licenses suspended-cancelled and penalty levied on the food business on road and footpath, traffic island and food truck.
- Details of all action taken on illegal food vendors on road and footpath and police complaints filed for offences of nuisance and endangering hygiene of citizens and casing obstruction at public spaces.
- Reasons and provision of law relied upon to take such discriminatory decisions which directly promote illegal businesses and destroys legal business by imposing heavy penalties and daily compliance’s and to maintain records.
- Information is required by post
Place: Mumbai. Signature of the applicant
Date: 25.9.25
Ref : 313 / RTI FSSAI Central office / study and publication done for repeated Fostac training and hygienic ratings/ Sadguru Café folder and file
Caution to be taken by PIO.
- The information sought is within the parameters of section 2F, 2J, 4(1)(B)(iii)(iv)(v) and the Preamble of RTI act.
- As the matter concerns larger public interest the information shall be provided u/s 8(2) RTI act.
- The information shall be provided with chart / index and paging
- The information shall be denied on grounds mentioned in section 8 & 9 of RTI Act and on no other grounds. The PIO is liable to be prosecuted under I.P.C amongst other provision of RTI act & circular dt. 31.3.2008, 10.8.2009 & others.
- The information shall be provided in the format sought section 7(9) RTI act and as per section 4 (1) (a) RTI act.
Visit my website kamlakarshenoy.com for all RTI queries and Police investigation issues.
The Right to Information Act, 2005
To,
The Public Information Officer, Officer food and drugs Administration, FSSAI, 1202, Hallmark, Business Plaza, Opp. Gurunanak Hospital, Kala nagar, Bandra E, Mumbai-400051.
Before denying PIO shall state in the reply that such information shall also be denied to Legislature / Parliament section 8J of RTI act,
PIO shall give reasoning for denial as per section 7(8)(i) RTI act.
- And oath of allegiance to Indian Constitution
- Public service is trust reposed on publics servants by tax payers
The public servants are required to provide the service to citizens and not to consider such appointment as privilege. It is the trust reposed in the public servants by tax payers. hence any failure to discharge duty shall be offence u/s 406. 409 IPC amongst other offences
- Full name of the applicant: Kamlakar Ratnakar Shenoy. (senior citizen 68 years)
- Address: B-903, Vaishali apartment, Opp. MTNL exchange, Sheth Motisha ( love ) Lane, Mazgaon, Mumbai-400010. Mobile 9870987359.
- Particulars of information required –
Subject matter of information *--- my letter dt. 24.9.25 emailed regarding how cooking shall be considered manufacturing
- Description of information required $ certified copy.
- Date wise movement of the file / complaint
- All reports called and received after receipt of the application / complaint
- All noting with name and designation of the officers who have signed
- All study carried out and procedure followed to take the above decision. Section 4(1)(b) (iii).
- Relevant facts published while formulating the above policy along Sections and provision of law relied upon to implement the above policy Section 4(1)(C )
- Reasons disclosing larger public interest without violating fundamental rights of any other citizens for taking this administrative decision Section 4(1)(d)
- Public interest and gains to public by adopting this policy.
- SOP followed by your office after receiving application and complaint from citizens.
- Name and designation of the person who shall be responsible to initiate action on the application / complaint.
- Present status of the complaint and with whom the file is lying.
- Oath of Allegiance as Mandated Under the Constitution and Law. GR CDR-1010/ PK54/ reconstruction70/11 dt. 11.11.2014
- Information is required by post
Place: Mumbai. Signature of the applicant
Date: 25.9.25
314- 313 / RTI FSSAI Central office / action taken on email dt. 24.9.25 / Sadguru Café folder and file
Caution to be taken by PIO.
- Give specific answers and do not provide us the bundle of thousands of pages.as per section 2F, 2J, 4(1)(B)(iii)(iv)(v) (xiv), 4 C & D.
- Kindly refer to the Preamble of RTI act.
“whereas the democracy requires an informed citizenry and transparency of information which are vital to its functioning and also to contain corruption and to hold Governments and their instrumentalities accountable to the governed.”
- As the matter concerns larger public interest the information shall be provided u/s 8(2) RTI act.
- The information shall be provided with chart / index and paging.
- PIO cannot deny information on any of the grounds in section 2f of the RTI act and by quoting section mentioned in 2 of RTI act.
- The information shall be denied on grounds mentioned in section 8 & 9 of RTI Act and on no other grounds. The PIO is liable to be prosecuted under I.P.C amongst other provision of RTI act & circular dt. 31.3.2008, 10.8.2009 & others.
- The information shall be provided in the format sought section 7(9) RTI act and as per section 4 (1) (a) RTI act.
Visit my website kamlakarshenoy.com for all RTI queries and Police investigation issues.