The Agricultural and Processed Food Products Export Development Authority Act, 1985
# THE AGRICULTURAL AND PROCESSED FOOD PRODUCTS EXPORT DEVELOPMENT
 AUTHORITY ACT, 1985

_________

ARRANGEMENT OF SECTIONS

________

CHAPTER I

PRELIMINARY

SECTIONS

1. Short title, extent and commencement.

2. Definitions.

3. Power to amend Schedule.

CHAPTER II

AGRICULTURAL AND PROCESSED FOOD PRODUCTS EXPORT DEVELOPMENT AUTHORITY

4. Establishment and constitution of the Authority.

5. Salary and Allowances and other conditions of service of Chairman and allowances of

members.

6. Chairman to be chief executive.

7. Secretary of the Authority and other staff.

8. Special provision for transfer of employees to the Authority.

9. Committees of the Authority.

10. Functions of the Authority.

10A. Functions in respect of Special products, etc.

11. Power to supersede the Authority.

CHAPTER III

REGISTRATION

12. Registration of exporters.

13. Application, cancellation, fee payable and other matters relating to registration.

14. Returns to be made by exporters.

CHAPTER IV

FINANCE, ACCOUNTS AND AUDIT

15. Grants or loans by the Central Government.

16. Constitution of Agricultural and Processed Food Products Export Development Fund.

17. Borrowing powers of the Authority.

18. Accounts and audit.

1


-----

CHAPTER V

CONTROL BY THE CENTRAL GOVERNMENT

SECTIONS

19. Power to prohibit or control imports and exports of Scheduled products.

20. Directions by the Central Government.

21. Returns and reports.

CHAPTER VI

MISCELLANEOUS

22. Penalty for making false reports.

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.

24. Other penalties.

25. Offences by companies.

26. Jurisdiction of court.

27. Previous sanction of the Central Government.

28. Protection of action taken in good faith.

29. Power to delegate.

30. Suspension of operation of this Act.

31. Application of other laws not barred.

32. Power to make rules.

33. Power to make regulations.

34. Rules and regulations to be laid before Parliament.

35. Validation.

THE FIRST SCHEDULE.

THE SECOND SCHEDULE.

2


-----

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

 ACT NO. 2 OF 1986

[8th January, 1986.]

# An Act to provide for the establishment of an Authority for the development and promotion of
 exports of certain agricultural and processed food products and for matters connected therewith.

BE it enacted by Parliament in the Thirty-sixth Year of the Republic of India as follows:—

CHAPTER I

PRELIMINARY

**1. Short title, extent and commencement.—(1) This Act may be called the Agricultural and**

Processed Food Products Export Development Authority Act, 1985.

(2) It extends to the whole of India.

(3) It shall come into force on such date[1] as the Central Government may, by notification in the

Official Gazette, appoint, and different dates may be appointed for different provisions of this Act.

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

(a) “Authority” means the Agricultural and Processed Food Products Export Development

Authority established under section 4;

(b) “Chairman” means the Chairman of the Authority;

(c) “export” means taking out of India by land, sea or air;

(d) “exporter” means a person registered as an exporter of Scheduled products under section 12;

(e) “member” means a member of the Authority and includes the Chairman;

(f) “prescribed” means prescribed by rules made under this Act;

(g) “processing” in relation to [2][Scheduled products or, as the case may be, Special products]

includes the process of preservation of such products such as canning, freezing, drying, salting,
smoking, peeling or filleting and any other method of processing which the Authority may, by
notification in the Official Gazette, specify in this behalf;

(h) “regulations” means regulations made under this Act;

(i) “Scheduled product” means any of the agricultural or processed food products included in

3[the First Schedule];

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).

3


-----

CHAPTER II

AGRICULTURAL AND PROCESSED FOOD PRODUCTS EXPORT DEVELOPMENT AUTHORITY

**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.

(2) The Authority shall be a body corporate by the name aforesaid, having perpetual succession and a

common seal, with power to acquire, hold and dispose of property, both movable and immovable, and to
contract, and shall by the said name sue and be sued.

(3) The head office of the Authority shall be at Delhi and the Authority may, with the previous

approval of the Central Government, establish offices or agencies at other places in or outside India.

(4) The Authority shall consist of the following members, namely:—

(a) a Chairman, to be appointed by the Central Government;

(b) the Agricultural Marketing Adviser to the Government of India, ex officio;

(c) one member to be appointed by the Central Government to represent the Planning

Commission;

(d) three members of Parliament of whom two shall be elected by the House of the People and

one by the Council of States;

(e) eight members to be appointed by the Central Government to represent, respectively, the

Ministries of the Central Government dealing with—

(i) agriculture and rural development;

(ii) commerce;

(iii) finance;

(iv) industry;

(v) food;

(vi) civil supplies;

(vii) civil aviation;

(viii) shipping and transport;

(f) five members to be appointed by the Central Government by rotation in the alphabetical order

to represent the States and the Union territories:

Provided that an appointment under this clause shall be made on the recommendation of the

Government of the State, or as the case may be, the Union territory concerned;

(g) seven members to be appointed by the Central Government to represent,—

(i) the Indian Council of Agricultural Research;

(ii) the National Horticulture Board;

(iii) the National Agricultural Co-operative Marketing Federation;

(iv) the Central Food Technological Research Institute;

(v) the Indian Institute of Packaging;

(vi) the Spices Export Promotion Council; and

(vii) the Cashewnut Export Promotion Council;

4


-----

(h) twelve members to be appointed by the Central Government to represent,—

(i) fruit and vegetable products industries;

(ii) meat, poultry and dairy products industries;

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

(iv) packaging industry:

Provided that the number of members appointed to represent any of the groups of industries

specified in sub-clauses (i) to (iii) or the industry specified in sub-clause (iv) shall in no case be less
than two;

(i) two members to be appointed by the Central Government from amongst specialists and

scientists in the field of agriculture, economics and marketing of Scheduled products.

(5) The term of office of the members, other than the member referred to in clause (b) of

sub-section (4) and the manner of filling vacancies among, and the procedure to be followed in the
discharge of their functions by, the members shall be such as may be prescribed.

(6) Any officer of the Central Government, not being a member of the Authority, when deputed by

that Government in this behalf, shall have the right to attend meetings of the Authority and take part in the
proceedings thereof but shall not be entitled to vote.

(7) No act or proceeding of the Authority or any committee appointed by it under section 9 shall be

invalid merely by reason of—

(a) any vacancy in, or any defect in the constitution of, the Authority or such committee; or

(b) any defect in the appointment of a person acting as a member of the Authority or such

committee; or

(c) any irregularity in the procedure of the Authority or such committee not affecting the merits of

the case.

(8) The Authority shall meet at such times and places and shall observe such rules of procedure in

regard to the transaction of business at its meetings (including the quorum at its meetings) as may be
provided by the regulations.

**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.

(2) The other members of the Authority shall receive such allowances as may be fixed by the Central

Government.

(3) A member, other than the _ex officio member, may resign his office by giving notice thereof in_

writing to the Central Government and on such resignation being accepted, he shall be deemed to have
vacated his office.

**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.—(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.

(2) The Secretary 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 such other matters as may, from
time to time, be fixed by the Central Government.

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

5


-----

(3) Subject to such control and restrictions as may be prescribed, the Authority may appoint such

other officers and employees, as may be necessary, for the efficient performance of its functions and the
method of appointment, the scale of pay and allowances and other conditions of service of such other
officers and employees of the Authority shall be such as may be provided by the Authority by regulations.

(4) The Chairman, the Secretary and other officers and employees of the Authority shall not

undertake any work unconnected with their duties under this Act except with the permission of the
Central Government.

**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:

Provided that the scale of pay of the post in the Authority to which such officer or other employee is

transferred shall not be lower than the scale of pay of the post he was holding immediately before such
transfer and the other terms and conditions of service (including pension, leave, provident fund and
medical benefits) of the post to which he is transferred shall not be less favourable than the terms and
conditions of service in relation to the post held by him immediately before such transfer.

(2) An order under sub-section (1) may be made so as to have retrospective effect from a date not

earlier than the date of the commencement of this Act.

(3) Before any order is issued under sub-section (1), all officers and employees of the Council shall

be given an option to express, in such form as may be prescribed, and within such time as may be
specified in that behalf by the Central Government, their willingness or otherwise to become employees
of the Authority and such option once exercised shall be final:

Provided that no order under sub-section (1) shall be made in relation to any officer or other

employees of the Council who has intimated his intention of not becoming an employee of the Authority
within the time specified in that behalf:

Provided further that such of the officers and employees of the Council who do not express, within

the time specified in that behalf, their intention of becoming the employees of the Authority, shall be dealt
with in the same manner and in accordance with the same laws and standing orders as would have applied
immediately before the commencement of this Act to the employees of the Council in the event of the
reduction of the strength of the officers and employees of the Council.

(4) An officer or other employee transferred by an order made under sub-section (1) shall, on and

from the date of transfer, cease to be an employee of the Council and become an officer or other
employee of the Authority with such designation as the Authority may determine and shall, subject to the
provisions of the proviso to sub-section (1), be governed by the regulations made by the Authority under
this Act in respect of remuneration and other conditions of service (including pension, leave, provident
fund and medical benefits) and shall continue to be an officer or other employee of the Authority unless
and until his employment is duly terminated by the Authority:

Provided that till such time as the regulations referred to above governing the conditions of service of

its officers or other employees are framed by the Authority, the relevant laws and standing orders
applicable to the officers and employees of the Council shall continue to be applicable to them.

(5) If a question arises whether the terms and conditions of service prescribed in the regulations

framed by the Authority in respect of any matter, including remuneration, pension, leave, provident fund
and medical benefits, are less favourable than those attached to the post held by an officer or other
employee immediately before his transfer to the Authority, the decision of the Central Government in the
matter shall be final.

**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.

6


-----

(2) The Authority shall have the power to co-opt as members of any committee appointed under

sub-section (1) such number of persons, who are not members of the Authority as it may think fit and the
persons so co-opted shall have the right to attend the meetings of the committee and take part in its
proceedings but shall not have the right to vote.

(3) The persons co-opted as members of a committee under sub-section (2) shall be entitled to receive

such allowances for attending meetings of the committee as may be fixed by the Central Government.

**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.

(2) Without prejudice to the generality of the provisions of sub-section (1), the measures referred to

therein may provide for—

(a) the development of industries relating to the Scheduled products for export by way of

providing financial assistance or otherwise for undertaking surveys and feasibility studies,
participation in the equity capital through joint ventures and other reliefs and subsidy schemes;

(b) the registration of persons as exporters of the Scheduled products on payment of such fees as

may be prescribed;

(c) the fixing of standards and specifications for the Scheduled products for the purposes of

export;

(d) the carrying out of inspection of meat and meat products in any slaughterhouse, processing

plant, storage premises, conveyances or other places where such products are kept or handled for the
purpose of ensuring the quality of such products;

(e) the improving of packaging of the Scheduled products;

(f) the improving of the marketing of the Scheduled products outside India;

(g) the promotion of export oriented production and development of the Scheduled products;

(h) the collection of statistics from the owners of factories or establishments engaged in the

production, processing, packaging, marketing or export of the Scheduled products or from such other
persons as may be prescribed on any matter relating to the Scheduled products; and the publication of
the statistics so collected, or of any portions thereof or extracts therefrom;

(i) the training in various aspects of the industries connected with the Scheduled products;

(j) such other matters as may be prescribed.

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.

_Explanation.—For the purpose of this section “Intellectual Property” means any right to intangible_

property, namely, trade marks, designs, patents, geographical indications or any other similar intangible
property, under any law for the time being in force.]

**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).

7


-----

Provided that before issuing a notification under this sub-section, the Central Government shall give

reasonable time to the Authority to show cause why it should not be superseded and shall consider the
explanation and objections, if any, of the Authority.

(2) Upon the publication of a notification under sub-section (1) superseding the Authority,—

(a) all the members of the Authority shall, notwithstanding that their term of office has not

expired as from the date of supersession, vacate their offices as such members;

(b) all the powers and duties which may, by or under the provisions of this Act, be exercised or

performed by or on behalf of the Authority shall, during the period of supersession, be exercised and
performed by such person or persons as the Central Government may direct;

(c) all property vested in the Authority shall, during the period of supersession, vest in the Central

Government.

(3) On the expiration of the period of supersession specified in the notification issued under

sub-section (1), the Central Government may—

(a) extend the period of supersession for such further period as it may consider necessary; or

(b) reconstitute the Authority in the manner provided in section 4.

CHAPTER III

REGISTRATION

**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:

Provided that the Authority may, for sufficient reason, extend the time-limit for registration by such

period as it thinks fit.

(2) Registration once made shall continue to be in force until it is cancelled by the Authority.

**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.

(2) The Authority may authorise a member or any of its officers to inspect any processing plant or

any other establishment of the exporter at any time to verify the accuracy of any return made under this
section.

CHAPTER IV

FINANCE, ACCOUNTS AND AUDIT

**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.

8


-----

**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—

(a) any sums of money which the Central Government may, after due appropriation made by

Parliament by law in this behalf, provide from and out of the proceeds of the cess credited under
section 4 of the Agricultural and Processed Food Products Export Cess Act, 1985, after deducting
therefrom the expenses of collection of the cess and the amount, if any, refunded;

(b) all fees levied and collected in respect of registration and other matters under this Act or the

rules made thereunder;

(c) any grants or loans that may be made by the Central Government for the purposes of this Act

under section 15; and

(d) any grants or loans that may be made by any State Government, voluntary organisation or

other institution for the purposes of this Act:

Provided that no such grant, loan or donation shall be credited to the Fund except with the prior

approval of the Central Government.

(2) The Fund shall be applied for—

(a) meeting the cost of the measures referred to in section 10;

(b) meeting the salaries, allowances and other remuneration of the members, officers and other

employees, as the case may be, of the Authority;

(c) meeting the other administrative expenses of the Authority and any other expenses authorised

by or under this Act; and

(d) repayment of any loan.

**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.

(2) The accounts of the Authority shall be audited by the Comptroller and Auditor-General of India at

such intervals as may be specified by him and any expenditure incurred in connection with such audit
shall be payable by the Authority to the Comptroller and Auditor-General.

(3) The Comptroller and Auditor-General of India and any person appointed by him in connection

with the audit of the accounts of the Authority shall have the same rights and privileges and the authority
in connection with such audit as the Comptroller and Auditor-General generally has in connection with
the audit of Government accounts and, in particular, shall have the right to demand the production of
books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of
the Authority.

(4) The accounts of the Authority as certified by the Comptroller and Auditor-General of India or any

other person appointed by him in this behalf together with the audit report thereon shall be forwarded
annually to the Central Government and that Government shall cause the same to be laid before each
House of Parliament.

CHAPTER V

CONTROL BY THE CENTRAL GOVERNMENT

**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

9


-----

or otherwise controlling the import or export of the Scheduled products, either generally or in specified
classes of cases.

(2) All Scheduled products to which any order under sub-section (1) applies, shall be deemed to be

goods of which the export has been prohibited under section 11 of the Customs Act, 1962 (52 of 1962),
and all the provisions of that Act shall have effect accordingly.

(3) If any person contravenes any order made under sub-section (1), he shall, without prejudice to any

confiscation or penalty to which he may be liable under the provisions of the Customs Act, 1962
(52 of 1962), as applied by sub-section (2), be punishable with imprisonment for a term which may
extend to one year, or with fine, or with both.

**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.

(2) Without prejudice to the provisions of sub-section (1), the Authority shall, as soon as possible,

after the end of each financial year, submit to the Central Government a report in such form and before
such date, as may be prescribed, giving a true and full account of its activities, policy and programmes
during the previous financial year.

(3) A copy of the report received under sub-section (2) shall be laid, as soon as may be, after it is

received, before each House of Parliament.

CHAPTER VI

MISCELLANEOUS

**22. Penalty for making false reports.—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.—Any person who—**

(a) obstructs any member authorised by the Chairman in writing or any officer or other employee

of the Authority authorised in this behalf by the Central Government or by the Authority, in the
exercise of any power conferred, or in the discharge of any duty imposed on him by or under this Act;
or

(b) having control over or custody of any account book or other record fails to produce such book

or record when required to do so by or under this Act,

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.

**24. Other penalties.—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

10


-----

to, the company for the conduct of the business of the company as well as the company shall be deemed
to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:

Provided that nothing contained in this sub-section shall render any such person liable to any

punishment, if he proves that the offence was committed without his knowledge or that he exercised all
due diligence to prevent the commission of such offence.

(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been

committed by a company and it is proved that the offence has been committed with the consent or
connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other
officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty
of that offence and shall be liable to be proceeded against and punished accordingly.

_Explanation.—For the purposes of this section,—_

(a) “company” means any body corporate and includes a firm or other association of individuals;

and

(b) “director”, in relation to a firm, means a partner in the firm.

**26. Jurisdiction of court.—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.—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.—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.

(2) Where the operation of any provision of this Act has under sub-section (1) been suspended or

relaxed indefinitely, such suspension or relaxation may, at any time while this Act remains in force, be
removed by the Central Government by notification in the Official Gazette.

**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.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may

provide for all or any of the following matters, namely:—

(a) the term of office of the members [other than the member referred to in clause (b) of

sub-section (4) of section 4], the manner of filling vacancies among, and the procedure to be followed
in the discharge of their functions by the members, under sub-section (5) of section 4;

(b) the powers which may be exercised and the duties which may be performed by the Chairman

as the chief executive of the Authority under section 6;

11


-----

(c) the powers which may be exercised and the duties which shall be performed by the Secretary

of the Authority under sub-section (1) of section 7;

(d) the control and restrictions subject to which other officers and employees may be appointed

by the Authority under sub-section (3) of section 7;

(e) the form in which and the time within which option may be given by the officers and

employees of the Processed Foods Export Promotion Council under sub-section (3) of section 8;

(f) payment of fees for the registration of exporters of Scheduled products under clause (b) of

sub-section (2) of section 10;

(g) persons other than the owners from whom the collection of statistics in respect of any matter

relating to Scheduled products may be made under clause (h) of sub-section (2) of section 10;

(h) the additional matters in respect of which the Authority may undertake measures in the

discharge of its functions under clause (j) of sub-section (2) of section 10;

1[(ha) the measures for registration and protection of the Intellectual Property rights under section

10A;]

(i) the form and the manner of making application for registration and for cancellation of

registration, the fee payable on such application and the procedure to be followed in granting and
cancelling registration and the conditions governing such registration, under section 13;

(j) the time at which and the manner in which an exporter shall furnish returns to the Authority

under sub-section (1) of section 14;

(k) the form in which the accounts of the Authority shall be maintained under sub-section (1) of

section 18;

(l) the form and manner in which and the time at which the Authority shall furnish returns and

statements to the Central Government under sub-section (1) of section 21;

(m) the form in which and the date before which the Authority shall furnish to the Central

Government the report of its activities and programme under sub-section (2) of section 21;

(n) any other matter which is to be or may be prescribed under this Act.

**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.

(2) In particular, and without prejudice to the generality of the foregoing powers, such regulations

may provide for all or any of the following matters, namely:—

(a) the times and places at which meetings of the Authority or any committee thereof, shall be

held and the procedure to be followed thereat and the number of members which shall form a quorum
at a meeting under sub-section (8) of section 4;

(b) the method of appointment, the conditions of service and the scales of pay and allowances of

any of the officers and other employees of the Authority under sub-section (3) of section 7;

(c) generally for the efficient conduct of the affairs of the Authority.

(3) The Central Government may, by notification in the Official Gazette, modify or rescind any

regulation sanctioned by it and the regulation so modified or rescinded shall have effect only in such
modified form or be of no effect, as the case may be; so, however, that any such modification or
rescission shall be without prejudice to the validity of anything done under the regulation before its
modification or rescission.

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

12


-----

**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.—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).

13


-----

1[THE FIRST SCHEDULE]

[See section 2(i)]

1. Fruits, vegetables and their products.

2. Meat and meat products.

3. Poultry and poultry products.

4. Dairy products.

5. Confectionary, biscuits and bakery products.

6. Honey, jaggery and sugar products.

7. Cocoa and its products, chocolates of all kinds.

8. Alcoholic and non-alcoholic beverages.

9. Cereal products.

10. Cashewnuts, groundnuts, peanuts and walnuts.

11. Pickles, chutneys and papads.

12. Guar Gum.

13. Floriculture and floriculture products.

14. Herbal and medicinal plants.

2[15. De-oiled rice bran.]

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).

14


-----

1[THE SECOND SCHEDULE

[See section 2(j)]

Basmati rise.]

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


15


-----

