(PER G.S.KULKARNI, J.)

1. Admit. Respondents waive service. By consent of the learned Counsel for the parties and at their request taken up for final hearing.

2. This batch of petitions raise a common challenge. The challenge is to the constitutional validity of the provisions of Food Safety and Standard Act, 2006 as also to the rules and regulations framed thereunder.

3. Writ Petition No.477 of 2012 has been filed by the Association of the Traders claiming to carry on business in various food. The petitioner describes itself to be a registered association, however, without specifying under which law, it is so registered. The challenge as raised in this petition is quite broad inasmuch as in prayer clause (a) the petitioners pray for quashing and setting aside the provisions of the Food Safety and Standards Act, 2006 (for short “the FSS Act”) as violative of Article 14, 19 and 21 of the Constitution of India. In the alternative, a prayer is made seeking a writ of mandamus to quash and set aside the provisions of Section 31 and 36 and other connected sections of the FSS Act as violative of Article 14, 19 and 21 of the Constitution of India.

4. The second Writ Petition being Writ Petition No.227 of 2012 has been filed by Mumbai Mewa Masala Merchants Association, a registered Association under the provisions of the Societies Registration Act, 1860. The prayers as made in the petition are appearing on pages 106 to 116 of the paper book which contain prayer clause (a) to (g) and the substantive prayers being prayer clause (a) to (c). The challenge as raised in this Writ Petition is also too broad and verbose inasmuch as apart from the challenge to the substantive provisions of the FSS Act, there is also a challenge to the certain provisions under the Licensing Regulations. The challenge is basically to the legality of the provisions of Sections 31, 34, 38, 46, 65, 70 and 80 of the FSS Act.

5. The third Writ Petition is filed by one AHAR Indian Hotel and Restaurant Association. It claims to be an Association of restaurants and hotel owners in and around Mumbai and other parts of the State of Maharashtra, registered under the Societies Registration Act, 1860. The petitioners in this petition pray that the FSS Act and the Rules and Regulations, 2011 framed thereunder be declared as illegal and unconstitutional, null and void, qua the food service providers i.e. hotels and restaurants, and, in the alternative that the FSS Act and Rules and Regulations framed thereunder are mainly framed and/or applicable to the manufacturing units / factories and not to the hotels and restaurants providing food services to its customers. Prayer clause (e) has seven sub-heads wherein several other prayers are made and it would be appropriate that we reproduce those prayers which read as under:-

“(e) That this Hon'ble Court be pleased to issue a writ of Mandamus or a writ in the nature of certiorari or any other appropriate writ, order or direct the Respondents;

(i) Not to consider Hotels and Restaurants as manufacturers as defined u/s.3(zd) of FSS Act.

(ii) To direct the Respondent No.5 to provide for representation from the Hotels and Restaurants in Central Advisory Committee.

(iii) To direct the Respondents to clarify whether the provisions of Section 16 are applicable to the Hotels and Restaurants.

(iv) To direct the Respondents to create separate category of Hotels and Restaurants in FSS Act.

(v) To direct the Respondents to modify the amount of penalty to be charged to Hotels &

Restaurants (Food Service Provider).

(vi) To direct the Respondents to frame separate & specify Rules and Regulation for Food Service Provides.

(vii) To direct the Respondents to exempt Hotels and Restaurants from process of filing returns as per regulations 2.1.13.”

6. Before we examine the challenge as raised in all these Writ Petitions, we may at the outset observe that though these Writ Petitions challenge the constitutional validity of the provisions of the FSS Act and the R