THE AGRICULTURAL AND PROCESSED FOOD PRODUCTS EXPORT DEVELOPMENT AUTHORITY ACT, 1985

1985 · State unknown · central · act_text

Sections (53)

1 · . Short title, extent and commencement . — (1) This Act may be called the Agricultural and Processed Food Products Export Development Authority Act, 1985.

2 · . Definitions . — In this Act, unless the context otherwise requires,—

4 · [(j) " Special product " means any of the agricultural or processed food products included in the Second Schedule.]

5 · [3 . Power to amend the Schedule . — The Central Government may, having regard to the objects to this Act, and if it considers necessary or expedient so to do, by notification in the Official Gazette, add to, or, as the case may be, omit from, the First Schedule or the Second Schedule any agricultural or processed food product and on such addition, or as the case may be, omission, such product shall be, or shall cease to be, a Scheduled product or Special product as the case may be.]

1 · 13th February, 1986, vide notification No. S.O. 55(E), dated 13th February, 1986, see Gazette of India, 1986, Extraordinary, Part II, sec . 3(ii).

2 · Subs. by Act 20 of 2009, s. 2 , for "Scheduled products" (w.e.f. 13-10-2008).

3 · Subs. by s. 2 , ibid ., for "the Schedule " (w.e.f. 13-10-2008).

4 · Ins. by s. 2 , ibid . (w.e.f. 13-10-2008).

5 · Subs. by s. 3 . ibid. , for section 3 (w.e.f. 13-10-2008).

4 · . Establishment and constitution of the Authority . — (1) With effect from such date as the Central Government may, by notification in the Official Gazette, appoint in this behalf, there shall be established for the purposes of this Act, an Authority to be called the Agricultural and Processed Food Products Export Development Authority.

1 · [(iii) other Scheduled products or Special products industries;]

5 · . Salary and Allowances and other conditions of service of Chairman and allowances of members . — (1) The Chairman shall be entitled to such salary and allowances and shall be subject to such conditions of service in respect of leave, pension, provident fund and other matters as may, from time to time, be fixed by the Central Government.

6 · . Chairman to be chief executive . — The Chairman shall be the chief executive of the Authority and shall exercise such powers and perform such duties as may be prescribed.

7 · . Secretary of the Authority and other staff. f. — (1) The Central Government shall appoint a Secretary to the Authority who shall exercise such powers and perform such duties as may be prescribed or as may be delegated to him by the Chairman.

1 · Subs. by Act 20 of 2009, s. 4, for sub-clause (iii) (w.e.f. 13-10-2008).

8 · . Special provision for transfer of employees to the Authority . — (1) On the establishment of the Authority, it shall be lawful for the Central Government to transfer to the Authority, by order, and with effect from such date or dates as may be specified in the order, any officer or other employee holding office as such in the Processed Foods Export Promotion Council (hereafter in this section referred to as the Council) immediately before the date on which the Authority is established:

9 · . Committees of the Authority . — (1) The Authority may appoint such committees as may be necessary for the efficient discharge of its duties and performance of its functions under this Act.

10 · Functions of the Authority . — (1) It shall be the duty of the Authority to undertake, by such measures as it thinks fit, the development and promotion, under the control of the Central Government, of export of Scheduled products.

1 · [10A. Functions in respect of Special products, etc . — Without prejudice to any law for the time being in force, it shall be the duty of the Authority to undertake, by such measures as may be prescribed by the Central Government for registration and protection of the Intellectual Property rights in respect of Special products in India or outside India.

11 · . Power to supersede the Authority . — (1) If the Central Government is of the opinion that the Authority is unable to perform, or has persistently made default in the performance of, the duty imposed on it by or under this Act or has exceeded or abused its powers, or has wilfully or without sufficient cause, failed to comply with any direction issued by the Central Government under section 20, the Central Government may, by notification in the Official Gazette, supersede the Authority for such period as may be specified in the notification:

1 · Ins. by Act 20 of 2009, s. 5 (w.e.f. 13-10-2008).

12 · . Registration of exporters . — (1) Every person exporting any one or more of the Scheduled products shall, before the expiration of one month from the date on which he undertakes such export or before the expiration of three months from the date of coming into force of this section, whichever is later, apply to the Authority to be registered as an exporter of the Scheduled product or Scheduled products:

13 · . Application, cancellation, fee payable and other matters relating to registration . — The form of application for registration under section 12 and for the cancellation of such registration, the fee payable on such applications, the particulars to be included in such applications, the procedure to be followed in granting and cancelling registration and the registers to be kept by the Authority shall be such as may be prescribed.

14 · . Returns to be made by exporters . — (1) Every exporter, referred to in sub-section (1) of section 12, shall furnish to the Authority at the prescribed time and in the prescribed manner such returns as may be prescribed.

15 · . Grants or loans by the Central Government . — The Central Government may, after due appropriation made by Parliament by law in this behalf, pay to the Authority by way of grants or loans such sums of money as the Central Government may think fit for being utilised for the purposes of this Act.

16 · . Constitution of Agricultural and Processed Food Products Export Development Fund . — (1) There shall be formed a Fund to be called the Agricultural and Processed Food Products Export Development Fund and there shall be credited thereto—

17 · . Borrowing powers of the Authority . — Subject to such rules as may be made in this behalf, the Authority shall have power to borrow on the security of the Agricultural and Processed Food Products Export Development Fund or any other asset for carrying out the purposes of this Act.

18 · . Accounts and audit . — (1) The Authority shall maintain proper accounts and other relevant records and prepare an annual statement of accounts, in such form as may be prescribed by the Central Government in consultation with the Comptroller and Auditor-General of India.

19 · . Power to prohibit or control imports and exports of Scheduled products . — (1) The Central Government may, by order published in the Official Gazette, make provision for prohibiting, restricting

20 · . Directions by the Central Government . — The Authority shall carry out such directions as may be issued to it from time to time by the Central Government for the efficient administration of this Act .

21 · Returns and reports.—(1) The Authority shall furnish to the Central Government at such time and in such form and manner as may be prescribed or as the Central Government may direct, such returns and statements and such particulars in regard to any proposed or existing programme for the promotion and development of the export of the Scheduled products, as the Central Government may, from time to time, require.

22 · Penalty for making false reports . —A —Any person who, being required by or under this Act to furnish any return, fails to furnish such return or furnishes a return containing any particular which is false and which he knows to be false or does not believe to be true shall be punishable with fine which may extend to five hundred rupees.

23 · Penalties for obstructing a member or officer of the Authority in the discharge of his duty and for failure to produce books and records . —A —Any person who—

24 · Other penalties . —W —Whoever contravenes or attempts to contravene or abets the contravention of the provisions of this Act or of any rules made hereunder other than the provisions, the punishment for the contravention whereof has been provided for in sections 19, 22 and 23, shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both and in the case of a continuing contravention with an additional fine which may extend to fifty rupees for every day during which such contravention continues after conviction for the first such contravention.

25 · Offences by companies . — (1) Where an offence under this Act has been committed by a company, every person who at the time the offence was committed was in charge of, and was responsible

26 · Jurisdiction of court . —N —No court inferior to that of a Metropolitan Magistrate or a Magistrate of the first class shall try any offence punishable under this Act.

27 · Previous sanction of the Central Government . —N —No prosecution for any offence punishable under this Act shall be instituted except with previous sanction of the Central Government.

28 · Protection of action taken in good faith . —N —No suit, prosecution or other legal proceedings shall lie against the Central Government, or the Authority or any committee appointed by it, or any member of the Authority or such committee, or any officer or other employee of the Central Government or of the Authority or any other person authorised by the Central Government or the Authority, for anything which is in good faith done or intended to be done under this Act or the rules made thereunder.

29 · Power to delegate . — The Central Government may, by order published in the Official Gazette, direct that any power exercisable by it under this Act (not being the power to make rules under section 32) may also be exercised in such cases and subject to such conditions, if any, as may be specified in the order, by such officer or authority as may be specified therein.

30 · Suspension of operation of this Act . — (1) If the Central Government is satisfied that circumstances have arisen rendering it necessary that certain of the restrictions imposed by this Act should cease to be imposed or if it considers necessary or expedient so to do in the public interest, it may, by notification in the Official Gazette, suspend or relax to such extent and either indefinitely or for such period as may be specified in the notification, the operation of all or any of the provisions of this Act.

31 · Application of other laws not barred . — The provisions of this Act shall be in addition to and not in derogation of the provisions of any other law for the time being in force.

32 · Power to make rules . — (1) The Central Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.

1 · [(ha) the measures for registration and protection of the Intellectual Property rights under section 10A;]

33 · Power to make regulations . — (1) The Authority may, with the previous sanction of the Central Government, by notification in the Official Gazette, make regulations not inconsistent with the provisions of this Act and the rules made thereunder, to provide for all matters for which provision is necessary or expedient for the purposes of giving effect to the provisions of this Act.

1 · Ins. by Act 20 of 2009, s. 6 (w.e.f. 13-10-2008).

34 · Rules and regulations to be laid before Parliament . — Every rule and every regulation made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or regulation, as the case may be, or both Houses agree that the rule or regulation, as the case may be, should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation.

1 · [35. Validation . —A —All things done, or, omitted to be done, and all actions or measures taken, or, not taken, during the period beginning on or after the 13th day of October, 2008 and ending immediately before the date of commencement of the Agricultural and Processed Food Products Export Development Authority (Amendment) Act, 2009 (20 of 2009), shall, in so far as they are in conformity with the provisions of this Act, as amended by the Agricultural and Processed Food Products Export Development Authority (Amendment) Act, 2009, be deemed to have been done, or, omitted to be done, or, taken, or, not taken, under the provisions of this Act, as amended by the Agricultural and Processed Food Products Export Development Authority (Amendment) Act, 2009, as if such provisions were in force at the time such things were done or omitted to be done and actions or measures taken or not taken during the said period.]

1 · Ins. by Act 20 of 2009, s. 7 (w.e.f. 13-10-2008).

1 · [THE FIRST SCHEDULE]

1 · The Schedule numbered as the First Schedule by Act 20 of 2009, s. 8 (w.e.f. 13-10-2008).

2 · Added by Notification No. S.O. 2100(E) (dated 5 th May , 2022).

1 · Ins. by Act 20 of 2009, s. 8 (w.e.f. 13-10-2008).

1 · [THE SECOND SCHEDULE

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