Chapter XII - Miscellaneous
Section 97
Section 97: Repeal and savings
Section 97 repeals scheduled earlier food laws while preserving specified past rights, liabilities, proceedings and licences.
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This article is for general information. Refer to the Food Safety and Standards Act, 2006 official text for the official provisions. If you need professional advice for your situation, contact Bizeneed.
Statutory text
Bare law
(1) With effect from such date as the Central Government may appoint in this behalf, the enactment and Orders specified in the Second Schedule shall stand repealed: Provided that such repeal shall not affect:— (i) the previous operations of the enactment and Orders under repeal or anything duly done or suffered there under; or (ii) any right, privilege, obligation or liability acquired, accrued or incurred under any of the enactment or Orders under repeal; or (iii) any penalty, forfeiture or punishment incurred in respect of any offences committed against the enactment and Orders under repeal; or (iv) any investigation or remedy in respect of any such penalty, forfeiture or punishment, and any such investigation, legal proceedings or remedy may be instituted, continued or enforced and any such penalty, forfeiture or punishment may be imposed, as if this Act had not been passed.
(2) If there is any other law for the time being in force in any State, corresponding to this Act, the same shall upon the commencement of this Act, stand repealed and in such case, the provisions of section 6 of the General Clauses Act, 1897(10 of 1897) shall apply as if such provisions of the State law had been repealed.
(3) Notwithstanding the repeal of the aforesaid enactment and Orders, the licences issued under any such enactment or Order, which are in force on the date of commencement of this Act, shall continue to be in force till the date of their expiry for all purposes, as if they had been issued under the provisions of this Act or the rules or regulations made thereunder.
(4) Notwithstanding anything contained in any other law for the time being in force, no court shall take cognizance of an offence under the repealed Act or Orders after the expiry of a period of three years from the date of the commencement of this Act.
Key takeaways
Core rule
Section 97 repeals scheduled earlier food laws while preserving specified past rights, liabilities, proceedings and licences.
Practical check
For a historical dispute, trace the appointed repeal date, old instrument, accrued right or offence and relevant saving.
Scope and operation
Repeal takes effect on the appointed date. Existing licences continue until expiry; earlier proceedings and remedies can continue under the savings terms, with a three-year cognizance limit for repealed-law offences.
Applying the section
For a historical dispute, trace the appointed repeal date, old instrument, accrued right or offence and relevant saving.
Official sources
Read the consolidated Act with the enacted and commenced amendments applicable to this section.
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Contact BizeneedLast updated 10 October 2026